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H2. Ord 1919 - Amends Ch 24 KMC, SidewalksCITY OF KALISPELL MEMORANDUM To: Doug Russell, City Manager From: Keith Haskins, P.E., Deputy Director Public Works Re: Ordinance 1919 Amending Municipal code Chapter 24 — Streets and Sidewalks —Articles 1 and 2 Meeting Date: 4/15/2024 BACKGROUND: At the Council Work Session on March 25, 2024, Public Works staff provided an overview pertaining to public sidewalks, including discussion on Articles 1 and 2 of Chapter 24 of the Municipal Code. The presentation to the City Council covered sections within the Municipal Code which require text updates due to changes in practices, state statutes, and procedures. In addition to highlighting the Municipal Code that should be changed, staff also provided proposed amendments for discussion with Council. As a result of those discussions, Council indicated staff should bring proposed changes to a regular meeting for Council review and adoption. RECOMMENDATION: Staff recommends Council approve the proposed changes to Chapter 24 of the Municipal Code as provided in Ordinance 1919. REQUESTED ACTION: Motion and vote to approve Ordinance 1919 - amending Chapter 24 Streets and Sidewalks. ALTERNATIVES: As suggested by Council. ATTACHMENTS: 1. Ordinance 1919 - Amending Articles 1 and 2 of Chapter 24 Streets and Sidewalks with staff revisions incorporated 2. Municipal Codes (24-1; 24-6; 24-17; 24-19; 24-20; 24-21; 24-25; 24-26; 24-28; 24-33; and 24-34) with staff revisions and comments 201 1st Avenue E Phone (406)758-7720 Po Box 1997 Public Works Department Fax (406)758-7831 Kalispell, MT 59903 1 1 www.kalispell.com ORDINANCE NO. 1919 AN ORDINANCE AMENDING CHAPTER 24, STREETS AND SIDEWALKS, ARTICLES 1 AND 2, OF THE KALISPELL MUNICIPAL CODES, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, pursuant to Kalispell Municipal Code Chapter 24, entitled Streets and Sidewalks, the City of Kalispell regulates the use of the Streets and Sidewalks for the purpose of providing for the safe and orderly use of such facilities in the City of Kalispell; and WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate Streets and Sidewalks be reassessed and updated from time to time to ensure that the interests of the public are being properly served; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 24, Articles 1 and 2, as set forth in Exhibit "A", attached hereto, are necessary and proper to align with State, Federal, and local law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION 1. The City of Kalispell Municipal Code is hereby amended as set forth in Exhibit "A", attached hereto and incorporated fully herein by this reference. SECTION 2. The City Attorney is hereby authorized and directed to recodify this Ordinance. SECTION 3. This Ordinance shall take effect thirty (30) days after its final passage. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 6TH DAY OF MAY, 2024. Mark Johnson Mayor ATTEST: Aimee Brunckhorst, CMC City Clerk EXHIBIT "A" § 24-1 Penalty Any violation of this chapter, except as otherwise provided herein, shall be enforced as provided in Section 1-12 of this Code. § 24-6 Obstructions within City Right -of -Ways, Exceptions. A. Unlawful: No person shall place, or permit to remain, upon any street, alley, public ground or sidewalk within the City, any structure, fence, wood, lumber, sawdust, gravel, boxes, debris or any article or thing, which will obstruct or interfere with traffic and travel thereon, unless such obstruction be temporary and necessary in the transportation of goods. B. Permit; Application: Notwithstanding, the provisions of subsection A of this section, a person desiring to utilize any street, alley, public grounds or sidewalk within the City, may, prior to using said property, apply to the Public Works Department for a permit allowing the temporary use of said property. C. Review; Conditions for Issuance: The Public Works Department shall issue a permit if the following conditions are met: 1. The proposed use will not unreasonably obstruct public access and passage or otherwise constitute a health or safety hazard. 2. The City may impose reasonable conditions in the permit to assure adequate public access and unobstructed passage, the public health, safety and welfare. 3. No permit issued under this section shall extend beyond October 30th of the year in which it is issued, unless otherwise specified in the permit conditions. 4. Private use or occupancy of public places shall only be permitted during the period specified in the permit. 5. Retail merchandising or display shall not be permitted except in the Business Improvement District and only by issuance of Sidewalk Usage Permits via review and approval of the Public Works Department. 6. Each applicant for a permit, hereunder, as a condition precedent to the issuance of a permit, shall present to the Public Works Department a certificate of liability insurance executed by an insurance carrier authorized to do business in the State in an amount of not less than required by state statute. Such certificate shall verify the City's status as an additional named insured and set forth the limits of the policy, the policy number, name of insurer, the effective and expiration dates of the policy, and an endorsement requiring at least 10 days' written notice of cancellation to the City. 7. The Public Works Department shall issue or deny the permit within 10 business days after the submission of a complete application. D. Revocation of Permit: Any permit issued pursuant to this section shall be revocable upon a determination made by the Public Works Director that: 1. Misstatements or omissions of material fact have been submitted in the application process; 2. The permittee violates or permits the violation of any term, condition or restriction contained in the permit; 3. The use or activity permitted constitutes a public hazard or nuisance; 4. A violation of the ordinances of the City, or State or Federal law or regulation, is occasioned by the use or conduct associated with the permit; or 5. If the Public Works Director determines that an emergency exists and that discontinuance of the use or activity contemplated by the permit or other activity exempted from the permit requirement is necessary in order to protect or preserve the immediate health, safety or welfare, the use of the public property shall cease immediately upon provision of written notice to the permit holder or person using the public property. § 24-17 Duty to Keep Sidewalks Clean Generally; Snow, Ice, etc., Removal. Upon the commencement of a snow season, which shall be deemed to be between the dates of November 1st through March 31st, it shall be the duty of the occupant of any premises within the City limits, except within the City's central business district, or in the case the same are unoccupied, then the owner or his or her agent, to keep the sidewalks in front of and adjoining his or her premises clean and safe for pedestrians. Such occupant, owner or agent shall, within 72 hours, remove snow, ice, slush, mud or other impediment to safe and convenient foot travel, and prevent the continuance and accumulation of the same. Within the City's central business district the owners, agents, or occupants shall remove any accumulation of snow, ice, slush, mud, or other impediments to foot travel by 12:00 noon on the day that any amount accumulates. For purposes of this section, the central business district shall include all sidewalks on both sides of any street or avenue within the area bounded by 1st Avenue East (on the east), 1st Avenue West (on the west), Idaho (on the north) and 6th Street (on the south). E. (Ord. 1482A, 11-3-2003) § 24-19 Specifications, Methods and Control Generally. The construction, maintenance and repair of all streets, sidewalks, curbs, gutters and sidewalk crossings which are not otherwise covered by this chapter, and which are within public right-of- way, shall be constructed, maintained or repaired in strict accordance with the Standards for Design and Construction which shall have been prepared by the City Engineer and approved by the City Council. Such Standards for Design and Construction shall be made readily available to the public on the City website. (Ord. 878 § 1) § 24-20 Permit for Work Resulting in Obstruction to Public Travel; Liability for Damages. A. Permit Required: No work performed under the provisions of this article which shall create any obstruction to public travel shall be commenced until a permit therefor shall have been granted by the Department of Public Works and the owner of abutting property shall be liable for all damage which may arise by reason of carelessness in conducting any work upon the adjacent sidewalk, or by reason of lack of protection of the public from danger by proper guards or signals, either by night or day. B. Conformance Required; Exception: All repairs or new construction of sidewalks must be in conformity with currently adopted Standards for Design and Construction, The Americans with Disabilities Act (ADA) and the Public Rights -of -Way Access Guidelines (PROWAG).. C. Grade and Line Markings: Grades and lines necessary for the proper execution of sidewalk installation, repairs or replacement shall comply with referenced Standards in part (B). Prior to placement of concrete, alignment and grade shall be verified by the Department of Public Works or by a Montana Licensed Professional Engineer who will certify such compliance. (R.O. 1947 § 203) § 24-21 City Council to Order Construction; Contents of Order Generally. Whenever in the judgment of the City Council a sidewalk or curb shall be constructed in front of any lot or parcel of land within the City it shall, by majority vote, order the construction of the same. The order shall be entered upon the minutes of the Council and shall name the street or avenue along which such sidewalk or curb is to be constructed. (R.O. 1947 § 182) § 24-25 City Council to Order Construction; Inspections; Unsatisfactory Work or Material. A. Supervision; Inspection: All work constructed under this article or rules or regulations authorized hereunder shall be subject to rigid supervision by Public Works or by private contract with a Professional Engineer who will certify compliance with Standards indicated in Section 24-20, Subsection B. B. Condemned Material: Material that has been delivered in connection with the provisions of this article and condemned as not complying with this article shall be removed and replaced by the contractor in accordance with this article. (R.O. 1947 § 175; amd. Ord. 846 § 1) § 24-26 City Council to Order Construction; Assessment of Costs Generally; Time Allowed for Payments; Payment by Property Owner. A. Assessment: The cost and expense of the construction of any sidewalk or curb caused to be constructed by the City Council under the provisions of this article shall be assessed against the lot or parcel of land in front of which such sidewalk or curb is constructed. Such costs and expenses shall include a reasonable sum to cover the City's costs and charges of administration hereof, such sum shall be set at 5% of the construction cost. B. Term of Payments: The payment of assessments to defray the cost of construction of sidewalks or curbs constructed under the provisions of this article shall be spread over a term of eight years. Such payments shall be made in equal biannual installments and payments of interest shall be made on January 1st and July 1st of each year until paid in full. C. Collection; Interest: The City Treasurer shall collect the special assessment or tax levied by the City Council under the provisions of this article with interest as herein provided, such interest to run from the date of the registry of the warrant, and the City Treasurer shall at any time permit the owner of any property assessed for sidewalk or curb under the provisions of this article, to pay the cost and expenses of construction with interest to the date of payment. Interest shall be set at the prime rate plus 0.5%. (R.O. 1947 §§ 188, 193, 194; amd. Ord. 846 § 2) § 24-28 City Council to Order Construction; Payment by Special Warrant; Form of Warrant. Warrant; Form: Payments for the construction of sidewalks or curbs constructed under the provisions of this article shall be made by special warrants drawn against the special sidewalk and curb fund, which warrants shall bear interest at a rate as provided by the Council, but at no greater rate than is allowed by the laws of the State, payable annually and the Council, when it passes and adopts a resolution levying the assessment and tax under the provisions of this article, shall provide therein for the payment of the interest. Such warrants shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF MONTANA No. $ THE CITY OF KALISPELL SPECIAL SIDEWALK AND CURB FUND WARRANT NO. $ KALISPELL, MONTANA 20 THE CITY OF KALISPELL WILL PAY TO or bearer, out of any money in the treasury belonging to the Special Sidewalk and Curb Fund, the sum of Dollars, ($ ) on account of sidewalk or curbs, or both, constructed in the city. This warrant is issued under the authority of the state statutes and under the ordinance of the City. The principal and interest of this warrant are payable at the office of the City Treasurer. This warrant bears interest at a rate of percent (%) per annum from the date of its registration as expressed hereon, until the date called for redemption by the City Treasurer. The interest on this warrant is payable on the first day of January and the first day of July every year until the payment of this warrant is paid in full. This warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the city at any time there is money to the credit of the Special Sidewalk and Curb Fund and in the manner provided for the redemption of the same. It is hereby certified and recited, that all things required to be done precedent to the issuance of this warrant have been properly done, happened and performed in the manner prescribed by the laws of the state and the resolutions and ordinances of the city, relating to the issuance thereof. THE CITY OF KALISPELL By Attest: Registered in the office of the City Treasurer of the City of Kalispell, Montana, day of 20 CITY TREASURER (R.O. 1947 §§ 191, 192; amd. Ord. 846 § 3; Ord. 1161) § 24-33 Repair of Sidewalks by City. All repairs to sidewalks referred to in this article made by the City shall be paid out of City Funds. Property owners shall pay the actual construction cost plus an additional 5% to cover the cost of administration at the time of construction completion, which payment shall be placed in the original funds used. Alternatively, property owners may choose to be assessed over 8 years, and the Finance Director shall keep a separate account of the cost of such repairs and charge the abutting property therewith the amount of the cost of repairs for which each separate parcel is chargeable, to which cost he or she shall add interest at the same rate as set by the Council to be paid on construction warrants as provided herein, from the date of the incurring of such charge by the City, and 5% additional to cover cost and charges of administration. Such items shall constitute a tax against the property affected thereby, and such tax shall be collected or the property sold for delinquency as in the case of special improvement assessments. All taxes collected under the provisions of this article shall be placed in the Special Curb and Sidewalk Fund of the City. (R.O. 1947 § 198; amd. Ord. 846 § 4) § 24-34 Repair of Unsafe Sidewalks Whenever any sidewalk is not in conformance with standards referenced in Section 24-20 (B), Public Works shall notify the owner of the adjacent property that the sidewalk must be repaired or replaced, or if the adjacent property be unoccupied and the owner cannot be found within the City, then Public Works shall post a notice on such property, requiring the sidewalk to be repaired or replaced. Repair or replacement shall be in accordance with the Standards for Design and Construction and all work shall be permitted as defined in City code. If the sidewalk is not properly repaired or replaced by the property owner within 90 calendar days of the giving of the notice as herein provided, then Public Works may cause such sidewalk to be repaired by the City. The 90 calendar days for property owner completion shall only apply between May 1st and October 31st of each year and such completion date as herein determined, shall be provided on said notice. The property owner shall pay for the cost of construction as defined in Section 24-34 Repair of Unsafe Sidewalks. (R.O. 1947 §§ 197, 202, 204; amd. Ord. 1161 § I) 24-1 Penalty Formatted: Underline Any violation of this chapter, except as otherwise provided herein, shall be enforced as provided in Section 1-12 of this Code.. Formatted: Font: Not Bold § 24-6 Obstructions within City Right -of -Ways, Exceptions. A. Unlawful: No person shall place, or permit to remain, upon any street, alley, public ground or sidewalk within the City, any structure, fence, wood, lumber, sawdust, gravel, boxes, debris or any article or thing, which will obstruct or interfere with traffic and travel thereon, unless such obstruction be temporary and necessary in the transportation of goods, nr Anne in nnnformity wit existing building regulations.. B. Permit; Application: Notwithstanding, the provisions of subsection A of this section, a person desiring to utilize any street, alley, public grounds or sidewalk within the City, may, prior to using said property, apply to the Public Works Department for a permit allowing the temporary use of said property. C. Review; Conditions for Issuance: The 12-1hli,. �49*6 gepaFtMgAt ShAll rcfcr or not the penwlit Meets the requirements- of this ser-tion The Public Works Department shall issue a permit if the following conditions are met: 1. The proposed use will not unreasonably obstruct public access and passage or otherwise constitute a health or safety hazard. 2. The City may impose reasonable conditions in the permit to assure adequate public access and unobstructed passage, the public health, safety and welfare. 3 Gvr8n4 fnr normitc for 4omnnroni rnnc4n ir4inn 01064n irtion ni ihlir Formatted: Not Highlight furnishings and No permit issued under this section shall extend beyond October 30th of the year in which it is issued-, unless otherwise specified in the permit conditions. 4. Private use or occupancy of public places shall only _be permitted during the period specified in the permit. 5. Retail merchandising or display shall not be permitted except in the Business Improvement District and only by issuance of by special Sidewalk 4seag9Usage Permits via review and approval of the Public Works Department. 6. Each applicant for a permit, hereunder, as a condition precedent to the issuance of a permit, shall present to the Public Works Department a certificate of liability insurance executed by an insurance carrier authorized to do business in the State in an amount of not less than $400;909reguired by state statute. Such certificate shall verify the City's status as an additional named insured and set forth the limits of the policy, the policy number, name of insurer, the effective and expiration dates of the policy, and an endorsement requiring at least 10 days' written notice of cancellation to the City. 7. The Public Works Department shall issue or deny the permit within 10 business days after the submission of a complete application. D. Revocation of Permit: Any permit issued pursuant to this section shall be revocable upon a determination made by the Git" Mana e;L-+ &q+Re49*Public Works Director that: 1. Misstatements or omissions of material fact have been submitted in the application process; 2. The permittee violates or permits the violation of any term, condition or restriction contained in the permit; 3. The use or activity permitted constitutes a public hazard or nuisance; 4. A violation of the ordinances of the City, or State or Federal law or regulation, is occasioned by the use or conduct associated with the permit; or 5. If the Public Works Director determines that an emergency exists and that discontinuance of the use or activity contemplated by the permit or other activity exempted from the permit requirement is necessary in order to protect or preserve the immediate health, safety or welfare, the use of the public property shall cease immediately upon provision of written notice to the permit holder or person using the public property. § 24-17Duty to Keep Sidewalks Clean Generally; Snow, Ice, etc., Removal. Upon the commencement of a snow season, which shall be deemed to be between the dates of November 1 st through March 31 st, it shall be the duty of the occupant of any premises within the City limits, except within the City's central business district, or in the case the same are unoccupied, then the owner or his or her agent, to keep the sidewalks in front of and adjoining his or her premises clean and safe for pedestrians. Such occupant, owner or agent shall, within 72 hours, remove snow, ice, slush, mud or other impediment to safe and convenient foot travel, and prevent the continuance and accumulation of the same. Within the City's central business district the owners, agents, or occupants shall remove any accumulation of snow, ice, slush, mud, or other impediments to foot travel by 12:00 noon on the day that any amount accumulates. For purposes of this section, the central business district shall include all sidewalks on both sides of any street or avenue within the area bounded by 1st Avenue East (on the east), 1 st Avenue West (on the west), Idaho (on the north) and 6th Street (on the south). E. (Ord. 1482A, 11-3-2003) § 24-19 Specifications, Methods and Control Generally. The construction, maintenance and repair of all streets, sidewalks, curbs, gutters and sidewalk crossings which are not otherwise covered by this chapter, and which abut or adjoin any P61bliG street, avenue or alley of the Git,fare within Public right-of-way, shall be constructed, maintained or repaired in strict accordance with the -and-Tegu',atieTs g ^^ ^ ^" min-rumcep�^^� and repairStandards for Design and Construction which shall have been prepared by the City Engineer and approved by the City Council. Such during regular offir--A- Standards for Design and Construction shall be made readily available to the public on the City website. (Ord. 878 § 1) § 24-20 Permit for Work Resulting in Obstruction to Public Travel; Liability for Damages. A. Permit Required: No work performed under the provisions of this article which shall create any obstruction to public travel shall be commenced until a permit therefor shall have been granted by the remity EngineerDepartment of Public Works and the owner of abutting property shall be liable for all damage which may arise by reason of carelessness in conducting any work upon the adjacent sidewalk, or by reason of lack of protection of the public from danger by proper guards or signals, either by night or day. B. Conformance Required; Exception: All repairs or new construction er renenials of sirgw;;lks miist he in nnnformity with the original plan of GGRIStri-IrUtit-DA ;-;Ad- te the 96tabli6hed gFade, 8XG8ptiRg that where good and nterest a�thnri ' by ial n t from the (` mmitt� AGA SSttr(9(9t -and lleyss �„�r�ed�spes,�,—pe�i�;����e,,,�-�t � nreyirded that SiGh peFmitshurllrSpeGnify that when A-rae� �by the Gii tY of sidewalks must be in conformity with currently adopted Standards for Design and Construction, The Americans with Disabilities Act (ADA) and the Public Rights -of -Way Access Guidelines (PROWAG).. C. Grade and Line Markings: Grades and lines necessary for the proper execution of sidewalk installation, repairs or reney.AaI as herein nreyided hall She marker! -1nnn the grn6iRd by the Gity Engineer nr his nr her assistant nr replacement shall comply with referenced Standards in part (B). Prior to placement of concrete, alignment and -grade shall be verified by the Department of Public Works or by a Montana Licensed Professional Engineer who will certify such compliance. (R.O. 1947 § 203) § 24-21 City Council to Order Construction; Contents of Order Generally. Whenever in the judgment of the City Council a sidewalk or curb shall be constructed in front of any lot or parcel of land within the City it shall, by majority vote, order the construction of the same. The order shall be entered upon the minutes of the Council, and shall name the street or avenue along which such sidewalk or curb is to be constructed ,r,d- shall sr,o^if" the A-P—Aeral ,.hararvte ,,, (R.O. 1947 § 182) § 24-25 City Council to Order Construction; Inspections; Unsatisfactory Work or Material. A. Supervision; Inspection: All work constructed under this article or rules or regulations authorized hereunder shall be subject to rigid supervision by the Gity GG RGil er its authGTzed reprceseRtatiye and hcfnrc the rendering of by Public Works or by private contract with a Professional Engineer who will certify compliance with Standards indicated in Section 24-20, Subsection B. B. Condemned Material: Material that has been delivered in connection with the provisions of this article and condemned as not complying with this article shall be removed �.Nht;p s-nh wnrk h;;s; bt;t;p gnPdt;mPqd, it shall, within 10 days of time G) and replaced by the contractor in accordance with this article n—r the R-iles or regulations (R.O. 1947 § 175; amd. Ord. 846 § 1) § 24-26 City Council to Order Construction; Assessment of Costs Generally; Time Allowed for Payments; Payment by Property Owner. A. Assessment: The cost and expense of the construction of any sidewalk or curb caused to be constructed by the City Council under the provisions of this article shall be assessed against the lot or parcel of land in front of which such sidewalk or curb is constructed. Such costs and expenses shall include a reasonable sum to cover the City's costs and charges of administration hereof; such sum shall be set feet, lineal fQG)t Or p8rGentage basis an d- same shall be ind, ided the noting PrQV at 5% of the construction cost. B. Term of Payments: The payment of assessments to defray the cost of construction of sidewalks or curbs constructed under the provisions of this article shall be spread over a term of n^ m^Ye th"" eight years11RIARS the a term of less- than five years Such payments shall be made in equal biannual installments and payments of interest shall be made on January 1 st and July 1st of each year until paid in full. Formatted: suPerscnPt C. Collection; Interest: The City Treasurer shall collect the special assessment or tax levied by the City Council under the provisions of this article with interest as herein provided, such interest to run from the date of the registry of the warrant, and the City Treasurer shall at any time permit the owner of any property assessed for sidewalk or curb under the provisions of this article, to pay the cost and expenses of construction with interest to the date of payment. Interest shall be set at the prime rate plus 0.5%. (R.O. 1947 §§ 188, 193, 194; amd. Ord. 846 § 2) § 24-28 City Council to Order Construction; Payment by Special Warrant; Form of Warrant and Goupons. Warrant; Form: Payments for the construction of sidewalks or curbs— r,,mb�enng ted: Indent: Left: 0.25", Nob or constructed under the provisions of this article shall be made by special warrants drawn against the special sidewalk and curb fund, which warrants shall bear interest at a rate as provided by the Council, but at no greater rate than is allowed by the laws of the State, payable annually and the Council, when it passes and adopts a resolution levying the assessment and tax under the provisions of this article, shall provide therein for the payment of the interest. Such warrants shall be substantially in the following form: UNITED STATES OF AMERICA STATE OF MONTANA No. $ THE CITY OF KALISPELL SPECIAL SIDEWALK AND CURB FUND KALISPELL, MONTANA 20 THE CITY OF KALISPELL WILL PAY TO or bearer, out of any money in the Tr-eastff treasury belonging to the Special Sidewalk and Curb Fund, the sum of dollarsDollars, ($ ) on account of sidewalk or curbs, or both, constructed in the cCity. This warrant is issued under the authority of the state statutes and under the ordinance of the City. The principal and interest of this warrant are payable at the office of the City Treasurer. This warrant bears interest at a rate of percent (L__%) per annum from the date of its registration as expressed hereon, until the date called for redemption by the City Treasurer. The interest on this warrant is payable on the first day of January and the first day of July revery year until the payment of this warrant as e 1; t4e i^ @r-@st ^ s;';erp*^ in full. This warrant is payable from the collection of a special tax or assessment and is redeemable at the option of the C-4-y-Kjj3Lat any time there is money to the credit of the Special Sidewalk and Curb Fund and in the manner provided for the redemption of the same. It is hereby certified and recited, that all things required to be done precedent to the issuance of this warrant have been properly done, happened and performed in the manner prescribed by the laws of the Sato state and the resolutions and ordinances of the C40, relating to the issuance thereof, . THE CITY OF KALISPELL By n rr�EcrrAttest Registered in the office of the City Treasurer of the City of Kalispell, Montana, day of 20 CITY TREASURER COUPON NO. Kalispell, N1814alia CiTV OF v n i icnri i MF (R.O. 1947 §§ 191, 192; amd. Ord. 846 § 3; Ord. 1161) § 24-33 Repair of Sidewalks by City. All repairs to sidewalks referred to in this article made by the City shall be paid out of the eReral fl-Ad-Street F=--P s ;;Pd Qas Ta. r,linahl City Funds. Property owners shall pay the actual construction cost plus an additional 5% to cover the cost of administration at the time of construction completion, which Payment shall be placed in the original funds used. Alternatively, property owners may choose to be assessed over 8 years, and the Gity G Finance Director shall keep a separate account of the cost of such repairs and charge the abutting property therewith, PrQp8rty Ghargeable with repairs of sidewalks, with the amount of the cost of repairs for which each separate parcel is chargeable, to which cost he or she shall add interest at the same rate as set by the Council to be paid on construction warrants as provided herein, from the date of the incurring of such charge by the City, and 54-9% additional to cover cost and charges of administration. Such items shall constitute a tax against the property affected thereby, and such tax shall be collected or the property sold for delinquency as in the case of special improvement assessments. All taxes collected under the provisions of this article shall be placed in the Special Curb and Sidewalk Fund of the City. (R.O. 1947 § 198; amd. Ord. 846 § 4) § 24-34 Repair of Unsafe Sidewalks or Grosssing&-. A-. No-tifir—ation Whenever any sidewalk is +R Formatted: Indent: Left: 0.25 No bullets or not in conformance with standards numbenng referenced in Section 24-20 (B), i+ shall he the d6ity of the Gity Engineer +„ nlaGeasuitabTcable ebsti i unti reither Side of that mart gf the sid-ewalk which is R ,,,,safe Genditien anGlPublic Works shall notify the owner GF GGG61paRt of the abuttiR-g-adiacent property that sugh athe sidewalk must be repaired or replaced, or if the adiacenta#u" property be unoccupied and the owner cannot be found within the City, then the Gity Engin wPublic Works shall post a notice on such property, requiring sash -the sidewalk to be repaired or replaced. Repair or replacement shall be in accordance with the Standards for Design and Construction and all work shall be appfGp4atepermitted as defined in City code. Ifs, -r-hthe sidewalk is not properly repaired or replaced by the property owner within ''^�s90 calendar days of the giving of the notice as herein provided, then the Gity CnniReer shall rcnnr+ +hc fa..+s + +ho Gity Manager, and the Gity Go Public Works may cause such sidewalk to be repaired by the City. The 90 calendar days for property owner n—lc+inn ch,ll nnl,i —1- he+--n RA— 1St —A n^+nhcr IASt of --h ,-,r and such completion date as herein determined, shall be provided on said notice. The property owner shall —be pay for the cost of construction as defined in Section 24-34 Repair of Unsafe Sidewalks. this -Cede Property. (R.O. 1947 §§ 197, 202, 204; amd. Ord. 1161 § 1) Formatted: Superscript Formatted: Superscript