Ordinance 1919 - Amends Ch 24 - Streets and Sidewalks, Arts 1 and 2ORDINANCE 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.
ATTEST:
Judi Funk
Deputy City Clerk
Mark Johnson
Mayor
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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:
I. 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 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 1 st 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 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 I st and July 1" 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
an
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 1 ` and October 3Is'
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 § 1)