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Ordinance 1925 - Amends KMC Ch 11 - Garbage, Refuse & WeedsORDINANCE NO. 1925 AN ORDINANCE AMENDING CHAPTER 11, GARBAGE, REFUSE AND WEEDS, OF THE KALISPELL MUNICIPAL CODES, DECLARING AN EFFECTIVE DATE AND AUTHORIZING THE CITY ATTORNEY TO CODIFY THE SAME. WHEREAS, it is in the best interests of the City and its residents and visitors that its ordinances which regulate Garbage, Refuse and Weeds be reassessed and updated from time to time to ensure that the interests of the public are being properly served; and WHEREAS, proposed amendments were suggested to KMC Chapter 11 in the May 2024 Solid Waste Master Plan and proposed assessment schedules; and WHEREAS, the proposed amendments to KMC Chapter 11 incorporate the recommendations identified in the Master Plan and update antiquated code to current practices and safety standards; and WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 11, 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, Chapter 11, 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 15TH DAY OF JULY, 2024. ATTEST: Aim& Bruckhorst, CMC City Clerk Mark Johns Mayor 'SEAL"gym" =U= 1892 - •.ONT P.•• EXHIBIT "A" Chapter 11. Garbage, Refuse and Weeds Article 1. IN GENERAL § 11-1. Definitions. For purposes of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall' is always mandatory and not merely directory. A. Alley Cart. A watertight 300 to 400 gallon receptacle provided by the City for the purpose of containing Refuse, Rubbish, and bagged Yard Waste that is equipped with an attached tight- fitting lid designed to be dumped into a garbage collection truck. B. Animal Waste. Animal Waste shall mean any unsanitary waste from the raising, containing, maintaining or grooming of small to medium animals including those from kennels, pet pens, chicken coops, places of residence, veterinary establishments or other places of a similar nature. Animal Waste shall not include manure. All Animal Waste shall be in a leak proof bag and placed in a Cart or Dumpster. C. Ashes. The residue from the burning of wood or other combustible materials. D. Batteries. Alkaline batteries, nickel cadmium batteries, lead acid batteries, lithium batteries, and other electronic equipment of similar nature. E. Bulk Waste. MSW not easily containerized in a Cart or Dumpster such as, but not limited to furniture, mattresses, carpet, large appliances, and vegetation trimmings. Bulk Waste is considered MSW not able to be collected as part of the general collection service and Alley and Residential Cleanup Events. Bulk Waste shall not include Animal Waste, dead animals, Construction or Demolition Waste, and Excluded Waste. F. City. The City of Kalispell, Montana. G. Commercial. All business, industrial, institutional or agricultural establishments and all other properties that do not meet the Residential definition. H. Commercial Cart. A watertight 300 to 400 gallon receptacle provided by the City for the purpose of containing Refuse, Rubbish, and bagged Yard Waste that is equipped with an attached tight -fitting lid designed to be dumped into a garbage collection truck I. Construction and Demolition Waste. MSW derived from the construction repair or remodeling of buildings or other structures such as, but not limited to landscaping, sidewalk, and driveway. J. Customer. Any person, firm, partnership, Residential Unit, association, corporation, company or organization of any kind receiving City collection services. K. Dumpster. A watertight 2 Cubic Yard (CY) or larger receptacle provided by the City for the purpose of containing Refuse, Rubbish, and bagged Yard Waste that is equipped with an attached tight -fitting lid designed to be dumped into a garbage collection truck. L. Electronics and Components. Shall mean computer equipment, point of sale equipment, telecom equipment, printing equipment, audio-visual equipment, Batteries, surplus wire metals, cable, test equipment, lab equipment, connectors, ballasts, power strips, capacitors, diodes, resistors, transistors, integrated circuits, and other electric equipment of a similar nature. M. Excluded Waste. Excluded Waste shall mean Hazardous Waste, HHW, Electronics and Components, Construction and Demolition Waste, tires, latex and oil -based paints, stains and varnishes, adhesives, motor oil, antifreeze, transmission fluids, gasoline and diesel fuel, pesticides and fungicides, pool chemicals, household cleaners, propane tanks, camping cylinders, fire extinguishers, fluorescent and CFL light bulbs, and automobile and Batteries. N. Hazardous Waste. Hazardous Waste shall have the meaning set forth in Montana Code Annotate. O. Household Hazardous Waste (HHW). HHW refers to common household chemicals or other materials that should not be disposed of in MSW landfills due to their potential for environmental contamination, health, and safety impacts. HHW includes cleaning chemicals, lawn and garden products, automotive products, oil -based paints, and other potentially hazardous products commonly consumed by the Residential sector. P. Municipal Solid Waste (MSW). MSW refers to the entirety of the waste stream that is generated by everyday activities in homes, institutions such as schools and hospitals, and Commercial sources such as restaurants, offices, and small businesses. Different categories of MSW require different methods of handling for best management practices. MSW does not include hazardous, industrial, agricultural, mining, or sewage wastes. Q. Public Works Director. The Director of Public Works of the City of Kalispell. R. Special Residential Collection. Once per calendar year additional Residential Customer Cart Refuse, Rubbish, or Yard Waste collection. S. Special Event Collection. Cart delivery and collection services for permitted Special Events. T. Residential. Any property used as a permanent dwelling or abode by one (1) or more families including but not limited to single and multi -family, multi-plex, townhouse, apartment house, condominium, or any other housing units with four dwelling units or less, which receives once -a -week automated collection of a Cart provided by the City. U. Residential Service. Once -a -week automated Refuse and Rubish collection of up to 90- gallons in a Rollout Cart for curbside and up to 90-gallons in an Alley Cart per Residential Unit. V. Residential Unit — Any building or portion of a building separated for private living quarters including auxiliary dwelling units. W. Refuse. Refuse is defined as putrescible waste generated by Residential and/or Commercial sector generators and is stored in Carts or Dumpsters. Commercial establishments may utilize Dumpsters kept in on -site enclosures to store materials. X. Rollout Cart. A watertight 90 to 100 gallon receptacle provided by the City for the purpose of containing Refuse, Rubbish, and bagged Yard Waste that is equipped with wheels and an attached tight -fitting lid designed to be dumped into a garbage collection truck. Y. Rubbish. Nonputrescible solid wastes (excluding Ashes), consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, bottles, glass, crockery and similar materials and is stored in Carts or Dumpsters. Z. Yard Waste. Yard waste is defined as dry, organic materials including bagged leaves, garden clippings, lawn trimmings, and small amounts of shrubbery, brush and tree trimmings bundled and tied. Bundled Yard Waste shall not exceed 25 pounds in weight, 4 feet in length, or 2 feet in diameter. Bagged Yard Waste shall not exceed 25 pounds in weight. Excludes dirt, sod, rock, concrete, Animal Waste, stumps, and Construction and Demolition Waste. § 11-2. Administration; Penalties. It shall be the duty of the Director of Public Works, or someone duly appointed by him or her, to administer this chapter except as otherwise provided. Written notices shall be issued and served by the Public Works Department for failure to comply with the requirements herein. If after receiving such a notice, a person fails to correct any violation of this Chapter within 7 days he or she will be served with a municipal infraction as described in Section 1-12 of this code. Article 2. COLLECTION AND REMOVAL § 11-3. City to Perform All Collections; Exceptions. All garbage accumulated for collection services in the City shall be collected by the City except as otherwise herein provided. A. Exception for Actual Producers: This section shall not prohibit the actual producer of garbage, or the owners of premises upon which garbage has accumulated, from personally collecting, conveying, and disposing of such garbage in a duly designated disposal site; provided, that such producers or owners comply with the applicable provisions of this chapter and with any governing law or ordinance. B. Exception for Outside Collectors: This section shall not prohibit collectors of garbage from outside of the City from collecting and hauling such garbage over City streets enroute to a duly designated disposal site, provided such collectors comply with the provisions of this chapter and with any other governing law or ordinance. (Ord. 1097 § I; amd. Ord. 1464, 6- 16-2003; Ord. 1701, 9-6-2011) § 11-4. Supervision by Director of Public Works. A. Authority: All garbage accumulated for collection services in the City shall be collected, conveyed and disposed of by the City under the supervision of the Director of Public Works. The Director of Public Works shall have the authority to make regulations concerning the days of collection, type and location of waste containers and such other matter pertaining to the collection, conveyance and disposal as he or she shall find necessary, and to change and modify the same after notice as may be required by law; such regulations may not be contrary to the provisions hereof. B. Appeals: Any private licensed collector or person aggrieved by a regulation of or fee charged by the Director of Public Works shall have the right of appeal to the City Council, who shall have the authority to confirm, modify or revoke any such regulation or fee. (Ord. 1097 § 1) § 11-5. Precollection Regulations. A. Purpose. The purpose of this section is to establish precollection regulations for Cart and Dumpster Service. B. Exclusion Generally: "Refuse" and "Rubbish," as defined in Section 11-1 of this chapter, shall not be construed to mean or include manure of any kind, basement or lawn excavation, trees, house wreckage, sod, Bulk Waste, heavy industrial waste, concrete, sewage, junked vehicles, equipment, and mobile living spaces, major household appliances, remodeling waste, furniture, wood, dirt, branches or hot Ashes. C. Preparation of Material: 1. Ashes: All Ashes shall be completely extinguished and placed in City containers. 2. Hazardous Objects and Unsafe Items: Hazardous objects and unsafe items such as broken window glass, long light bulbs, long sharp -edged metal strips, etc., shall be broken into small pieces. These items shall not be placed so as to protrude from the top of garbage containers or in a location to create a safety hazard to the public. 3. Cardboard Boxes: Cardboard boxes shall be broken down prior to placing in Alley Carts, Rollout Carts, Commercial Carts or Dumpsters. Cardboard may also be collected as part of the Alley Cleanup and Residential Cleanup, refer to Article 4 of this Chapter for collection considerations. 4. Yard Waste: a. Rollout Carts: Yard Waste, excluding bundled shrubbery, brush and tree trimmings, may be placed in 90 to100 gallon receptacles, provided the same are bagged by the producer prior to being deposited in said containers. b. Dumpsters and Commercial Carts: Yard Waste, excluding bundled shrubbery, brush and tree trimmings, may be placed in 300 to 400 gallon receptacles, provided the same are bagged by the producer prior to being deposited in said containers. c. Alley Carts: Yard Wastes shall not be deposited in 300 to 400 gallon containers but may be placed in plastic garbage bags or bundled, said bags or bundles to be deposited immediately adjacent to said containers for pick up as part of the Alley Cleanup and Residential Cleanup, refer to Article 4 of this Chapter for collection considerations. D. Carts and Dumpsters: 1. The City shall collect Refuse, Rubbish, and Yard Waste only in Carts and Dumpsters provided by the City. 2. Premises having five or more individual living units shall be provided containers of sufficient size and number to adequately contain all Refuse and Rubbish for the period of time between scheduled collections. 3. All Carts and Dumpsters are the property of the City. It shall be unlawful for any person to tamper with or vandalize an authorized Cart or Dumpster. It shall be unlawful for any person to remove assigned Carts and Dumpsters from the property assigned and relocate said Cart or Dumpster to another property or location. 4. Customers shall ensure all Carts and Dumpsters are maintained in a clean and sanitary condition and used only for their intended purpose. It is the responsibility of the Customer to ensure the Carts and Dumpsters are maintained in a clean, disinfected, and sanitary manner so as to prevent the breeding of flies or vectors, or the release of odors. 5. Damage to, other than normal wear and usage, loss, or removal of an authorized Cart or Dumpster assigned to a Customer shall be the responsibility of the property owner at the time such damage, loss or removal is discovered by the Director, and such Customer shall be liable for all costs associated with replacing the container. E. Storing of MSW: 1. Public Places: No person shall place any MSW in any street, alley or other public place, or upon any private property whether owned by such person or not, within the City unless it is acceptable MSW as defined within this Chapter, in acceptable Carts or Dumpsters and properly located for collection or with the express written approval granted by the Director of Public Works. Nor shall any person throw or deposit any MSW in or upon the banks of any stream or other body of water within the City or upon or in any watercourse used by the City as a source of water supply. F. Points of Collection: 1. Location of Containers: a. Alley Cart: Receptacles shall be placed on or near the property line but no more than ten feet (10') from the alley line. No obstructions or any structure shall be placed between the Cart and the alley. In City blocks serviced by alleys, all residences, including those on split lots, shall locate their containers within ten feet (10) of the alley line, or protruding no more than two feet (2) into the alley on one side only. Curbside shall not be provided in such blocks, unless approved by the Director of Public Works. b. Curbside Service: Curbside service shall be provided only for City areas not serviced by alley access, unless approved by the Director of Public Works. All Rollout Carts set out for curbside pick up shall be placed on the curb line or in front of the curb line and accessible prior to pick up time on the scheduled day. Carts shall be removed on the same day after pick up. 2. All Commercial, Alley, Rollout Carts and Dumpsters shall remain accessible for collection and shall not be blocked by materials or vehicles. It is the Customer's responsibility to assure that containers are accessible for service. Carts and Dumpsters shall not be blocked by vehicles, snow berms, Refuse piled too high and /or around a container, or any other barrier that hinders access to or dumping into the receptacle. 3. No person, except Rollout Cart Customers, shall remove, handle, pick up or otherwise disturb the Carts and Dumpsters properly placed by the City without approval from the Public Works Director or his or her representative. 4. It shall be the responsibility of the property owner(s) to maintain safe and reliable access for collection on, though, or across said property owners private property. 5. Alley Access Defined: "Alley access" is defined as those areas of the City where there is an alley in a block or an alley that borders said block.(Ord. 1097 § 1) § 11-6. Collection Practice Generally. A. Purpose. The purpose of this section is to establish collection regulations for Cart and Dumpster Service. B. Frequency of Collection: The Director of Public Works shall establish and publicize collection schedules for residential and commercial premises as the need therefor occurs. 1. Residential Service shall occur once per week per Residential Unit. 2. Commercial weekly collection shall be determined by the volume necessary to serve the customer once per day Monday through Friday. C. Schedule for Collection 3. Authorized Rollout Carts for residential trash shall be set out for collection as otherwise provided in this article no earlier than 3:00 p.m. the day preceding the scheduled collection day and not later than 7:00 a.m. on the day of collection. 4. Authorized Rollout Carts shall be removed from the street and stored on the side or rear of the dwelling to which it is assigned as soon as possible after collection, but in no instance shall authorized Carts be permitted to remain on the street after midnight of the day of collection. 5. Authorized shared Alley Carts shall be collected weekly or as deemed necessary by the Director of Public Works or their representative. Rubish and Refuse shall be placed inside a Cart. If that Cart is full residents will place their trash in the next available Cart in their alley. 6. Authorized shared Commercial Carts shall be collected weekly or as deemed necessary by the Director of Public Works or their representative. Rubish, Refuse, and bagged Yard Waste shall be placed inside a container. D. Limitation on Quality and Quantity: 1. Residential: The City shall collect a reasonable accumulation of Refuse, Rubbish and bagged Yard Waste from each Residential Unit during a collection period for the scheduled charge. Each Residential Unit shall ensure the contents of the Cart shall not exceed two hundred (200) pounds and ninety (90) gallons. 2. Commercial: The City shall collect a reasonable accumulation of Refuse, Rubbish and bagged Yard Waste from commercial establishments during the collection period at a scheduled charge based upon the average volume and collection frequency. 3. Refusal; Authority: The Director of Public Works shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts. E. Flammable waste; acids and explosives: No persons shall place or caused to be placed in or near the container provided for the removal of solid waste, any highly flammable wastes, acids, or explosives of any kind. All such material shall be disposed of in accordance with all local, state, and federal rules and regulation at the expense of the owner or possessor thereof. F. Collection by Actual Producers and Outside Collectors: 1. Requirement for Vehicles: The actual producers of MSW or the owners of premises upon which MSW is accumulated who desire personally to collect and dispose of such garbage, persons who desire to dispose of waste material not included in the definition of MSW and collectors of MSW from outside the City who desire to haul over the streets of the City shall use a vehicle provided with a tight cover and so operated as to prevent offensive odors escaping therefrom and garbage from being blown, dropped or spilled therefrom. 2. Disposal: Disposal of MSW collected by persons so permitted under subsection (E)(1) of this section shall be made outside the City limits, unless otherwise specifically authorized by the Director of Public Works in writing. 3. Rules and Regulations: The Director of Public Works shall have the authority to make such other reasonable regulations concerning individual collection and disposal relating to the hauling of garbage over City streets as he or she shall find necessary. G. Garbage Property of City: Ownership of acceptable, non -prohibited material once collected by the City shall be vested in the City. (Ord. 1097 § 1) § 11-7. Collection by Contract With the City. A. Power of City: The City shall have the authority and power to contract with a responsible person for the collection and removal of part or all of the MSW accumulated within the City. B. Control of Contracts: Control of persons contracted to remove garbage within the City shall be a per contract document and shall be administered by the Director of Public Works.(Ord. 1097 § 1) § 11-8. Fees. A. Established: The City Council shall, from time to time, establish a schedule of fees for collections within the City as the needs may require. The Director of Public Works shall maintain such schedules and same shall be available for public inspection at any reasonable time. B. Residential Lots; Assessment: All Residential lots and Residential Units shall be assessed a standard charge and collection charge per Cart. All alley access lots and Residential Units designated by the Public Works Director shall be assessed a collection charge. C. Commercial Properties: Commercial properties (nonresidential businesses or buildings, or residential buildings of more than four Residential Units), shall be assessed a standard charge and collection charge under such schedule as the Council may direct. All alley access lots designated by the Public Works Director shall be assessed a collection charge. Collection charges are based upon volume and the number of collections per week. D. Vacant Lots and Parking Lots: Owners of vacant lots and lots used for parking purposes shall be assessed a standard charge under such schedule as the Council directs. E. Bulk Waste Collection: Scheduled Bulk Waste collection shall be assessed a collection charge. F. Special Residential Collection: Scheduled Special Residential Collection shall be assessed a collection charge. One scheduled Special Collection service shall be available per Residential Unit Customer per calendar year. G. Special Event Collection Service. Scheduled Special Event Collection shall be assessed as a collection charge per event. The charge will be determined based on the currently adopted Commercial rate, the number of Carts, and the frequency of collections. H. Refunds. No refunds of charges collected under this service shall be made except in cases of an obvious error. In the event of accidental overcharges for solid waste collection services, credit, and debit adjustments will be limited to the most recent six-month period prior to discovery and notification of the error. I. Billing: Billing will be accomplished on a yearly basis through the City special assessments on the County tax notices. Scheduled Bulk Waste, Special Residential, and Special Event Collection will be billed directly per occurrence. Non -owner tenants will be billed annually for City services. New Residents requesting service will be billed a prorated charge until such time as the charge is assessed on their taxes. J. It is the responsibility of the person or persons in whose name or names an account has been established to pay all charges in full and on a timely basis. If the person is not the property owner, and a bill is delinquent, then said cost is the responsibility of the property owner and will be assessed as such. K. Fees for Private Collectors: Fees for private collectors shall be set by the individual collectors. Any control thereof shall be as stipulated in the rules and regulations of the Public Service Commission of the State as they apply to the individual collector's MRC license. (Ord. 1097 § I; amd. 1464, 6-16-2003) § 11-9. Bulk Waste and Special Residential Collection A. Bulk Waste. Preparation of Material. a. Bulk Waste collection will be limited to 6 items per scheduled collection. b. Bulk Waste shall be placed adjacent to the curb or alley way for scheduled collection. Items placed for bulk collection shall not obstruct roadways, alley ways or sidewalks when placed. c. Each Bulk Waste item shall not weigh more than 100 pounds. d. Vegetative waste shall be bundled and not exceed 100 pounds in weight and 4 inches in diameter per tree limb. Bundles shall be a maximum of 4 feet in length and 2 feet in diameter. 2. Frequency of Collection. One scheduled Bulk Waste collection service shall be available per Residential Unit Customer per calendar year. Four scheduled Bulk Waste Collection Services shall be available per Commercial Multifamily Customer account per calendar year. 3. Authorized scheduled Bulk Waste Collection and Special Collection shall be collected as scheduled by the Director of Public Works or their representative and is limited to City Solid Waste Customers. B. Special Residential Collection 1. Sections 11.5 and 11.6 apply regarding Preparation of Material and Point of Collection 2. Frequency of Collection. Residential Cart Customers receive one additional collection per calendar year for Refuse, Rubbish, or Yard Waste. 3. Authorized scheduled Special Collection service shall be collected as scheduled by the Director of Public Works or their representative and is limited to City Solid Waste Customers. § 11-10. Responsibility A. All waste resulting from work performed by a contractor, or the like, shall be removed by means provided by and at the sole expense and cost of the contractor. B. Every property owner remains jointly and severally liable for violations imposed this code despite any obligation of the occupants of his or her property and regardless of whether the owner has, by agreement, transferred the duty to comply to the occupants. C. It shall be the duty of the owner or occupant of any premises in the city limits to keep such premises and one half of the alley immediately adjacent there to and the gutter in front of or adjoining his or her property clean, open and free of loose waste or hazardous materials of any kind. D. It shall be unlawful for any person or business to dump or place MSW in a container belonging to another person or business or upon any premises of another or public property without the consent of such container owner and/or owner of the premises. Violations will result in a municipal infraction as described in Section 1-12 of this Code. E. Unauthorized Accumulations: Any unauthorized accumulation of MSW on any premises is hereby declared to be a nuisance and is prohibited. Failure to remove any existing accumulation of MSW in violation hereof within 30 days after the effective date hereof shall be deemed a violation of this article by the owner, lessee or occupant of such premises. F. Scattering of MSW: No person shall place, sweep or deposit anywhere within the City any MSW in such a manner that it may be carried or deposited by the elements upon any street, sidewalk, alley, sewer, boulevard or other public place or onto any occupied premises within the City. G. Refusal; Authority: The Director of Public Works shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts. H. Protection From Liability: If in any particular case it becomes necessary for crews or vehicles to travel upon private property to render service, the City shall have no liability to the property owner for damages to driveways, parking lots, overhead lines, trees, lawns and shrubs. Prohibited Waste. The following waste and materials are prohibited from being placed for collection in or adjacent to any Carts and Dumpsters. 1. Household Hazardous Waste. 2. High density materials and waste including but not limited to sand, gravel, brick, rock, concrete and tree stumps. 3. Excluded Waste. 4. Sewage waste except for sewage waste designated by the Public Works Director to protect the health and sanitation of the community. 5. MSW not accepted by any authorized municipal or county solid waste facility as posted by the facility or determined by local, state and federal laws. § 11-11. through § 11-14. (Reserved) (Rep. by Ord. 818 § 13; Ord. 1097 § II) Article 3. NOXIOUS WEEDS § 11-15. Enumeration; Declared to Be Nuisance. Weeds known as the Canada thistle, and Scotch Bull thistle and Russian thistle, sand weed, mustard weed, and any other weed, that chokes cultivated vegetation, are hereby declared to be a common nuisance for all purposes of this article. (R.O. 1947 § 989) § 11-16. Duty of Certain Officers and Employees Generally to Destroy. It shall be the duty of all officers of the City having control of the streets, avenues, boulevards, parks and public places, and of all persons employed by the City, to work upon streets, avenues, boulevards, parks and public places, to destroy, at all times, any Canada thistle, Scotch Bull thistle, Russian thistle, sand weed, mustard weed, and any other weed that chokes cultivated vegetation, found growing on any street, avenue, boulevard, park or public place with the City. (R.O. 1947 § 990) § 11-17. Regulations Governing Growth Upon Private Premises. Duty to Remove: It shall be the duty of any person owning, occupying or having control of any land or premises within the City, knowingly permitting any of the thistle or weeds described in Section 11-15 of this article to grow upon such land or premises owned or occupied by him or her or under his or her control, to, upon receiving notice from the City Planning Director or designee, eradicate such noxious weeds. Upon failure to do so, the person owning, occupying or having control of the land or premises shall be charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code which remedies may include fines as well as an order of abatement. (R.O. 1947 §§ 991, 992; amd. Ord. 1666, 7-20-2009) Article 4. ALLEY CLEANUP AND RESIDENTIAL CLEANUP EVENTS § 11-18. Authority. The Director of Public Works shall have the authority to schedule "alley and residential cleanup events" at such other times as the workload permits. Sufficient public notice shall be given to allow residents time to prepare material for pickup. (Ord. 1096 § 1 [a]) § 11-19. Materials to Be Collected. A. Materials to be collected during "cleanup events" shall consist of a reasonable amount of minor non prohibited waste including household items, bagged and bundled Yard Waste, cardboard boxes and other such materials from normal spring and fall home cleanup. The weight of each collection item shall not exceed 25 pounds. B. Cardboard may be placed adjacent to Alley Carts and Rollout Carts for collection during alley cleanup and residential cleanup events. Cardboard boxes may be hauled by the generator to a recycling collection location. C. Bulk Items shall only be collected as denoted in this Chapter on a call -in scheduled basis and will not be a part of the Cleanup Event collections. D. Refusal; Authority: The Director of Public Works shall have the authority to refuse to collect unreasonable amounts or to make an additional charge for such amounts. § 11-20. Areas to Be Collected. All Residential alley access lots designated by the Public Works Director will receive alley cleanup service on a weekly basis. Residential areas not served by alleys will receive curbside cleanup on days specifically set by the Director of Public Works and in general will be twice per year, once in the spring and once in the fall. (Ord. 1096 § 1 [c]) § 11-21. Preparation of Materials. Materials placed for cleanup shall be contained as the Director of Public Works may require. (Ord. 1096 § 1 [d]) Article 5. COMMUNITY DECAY § 11-22. Purpose. The purpose of this article is to regulate, control, and prohibit conditions that contribute to community decay on or adjacent to all public streets within the City of Kalispell. (Ord. 1581, 8-7-2006) § 11-23. Definitions. In this article the following terms have the meanings indicated below Community decay. A public nuisance created by allowing rubble, debris, junk or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property; provided, however, that "community decay" may not be construed or defined to apply to normal farming, ranching, or other agricultural facility, and any appurtenances thereof, during the course of its normal operation or normal activities at a shooting range. Person. An individual, firm, partnership, company, association, corporation, city, town, county or any other entity whether organized for profit or not. Public nuisance. A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons. The condition is no less a nuisance although the extent of the annoyance or damage inflicted upon individuals may be unequal. Public view. Any area visible from any point within the public right-of-way, or from a private road or alley. Shielding. The construction or use of fencing or man-made or natural barriers to conceal community decay from public view. The use of plastic tarps does not constitute shielding under this section. (Ord. 1581, 8-7-2006) § 11-24. Prohibition. No person shall maintain community decay on property owned by him or her, or under his or her control. For purposes of this article, a public nuisance includes, but is not necessarily limited to, any of the following conditions that exist within public view: A. The dumping, piling, or stacking of bricks, concrete blocks, waste wood and similar material on open lots or fields, unless said material is stacked in neat piles and all waste materials from the cleaning of such items, such as mortar, wood splinters, broken and unusable bricks, are removed; B. The storage or accumulation of a significant amount of cardboard boxes, broken packing boxes, paper, or other similar items on lots or fields; C. The piling, dumping or depositing of any dirt, demolition wastes including wood, bricks, concrete, used road blacktop and other similar materials on any open lots or fields, unless such material is to be utilized for fill material to fill a land depression, and provided that, if such material is used as fill material, all such material is completely covered with clean fill material once every 10 days and the fill area is adequately fenced to restrict access to the area; and further provided that the failure to comply with the periodic cover and access control requirements shall constitute a violation of this article; D. The storage and accumulation of iron, metal, component vehicle and machine parts, junk vehicles, household appliances, barrels and other salvaged metal items, unless such material is stored in an approved, licensed, and shielded motor vehicle wrecking facility; E. The accumulation and storage of any other rubble, debris, junk, or refuse that, upon investigation, is deemed to be a "public nuisance" as defined in this article. (Ord. 1581, 8-7-2006) § 11-25. Shielding. The maintenance of materials that would be considered community decay under this article shall be lawful if such materials are shielded from public view in accordance with the following standards: A. Any shielding must conform to all local zoning, planning, and building provisions and shall be of sufficient height that none of the violation on the premises is visible to public view. B. When fences are used for shielding, the boards may be spaced and/or slanted to reduce wind load, the space between boards when viewed from a broadside view shall not be more than one and one-half inches (1 1/2") and the interval between spaces shall not be less than seven and one-half inches (7 1/2"). Rough dimensional lumber or better is acceptable. Chainlink fencing with standard fiberglass or other inserts is acceptable, provided the gap between adjacent slats does not exceed one and one-half inches (1 1/2"). The fencing is to be maintained by the property owner or occupant in a neat and workmanlike manner and shall be replaced when necessary. C. Shielding with shrubs and trees shall provide a degree of shielding similar to that produced by fencing at all times of the year. Dirt berms are acceptable for shielding purposes, provided the berm slopes are graded smooth and seeded with an adequate grass seed formula. D. Other types of fencing of equivalent permanence, attractiveness, and shielding qualities, are also acceptable. E. The use of plastic tarps does not constitute shielding under this section. F. No more than one of the approved shielding materials shall be used on any one side of a shielding fence. (Ord. 1581, 8-7-2006) § 11-26. Abatement. In addition to proceedings under Chapter 1, Article 1 of this Code, the abatement of conditions which constitute community decay prohibited by this article may be accomplished under the provisions of this section. A. The City of Kalispell City Manager or designee shall be responsible for initiating abatement proceedings. B. When the City Manager or designee receives a complaint that a condition of community decay exists, he or she or his or her agent, shall inspect the property alleged to be in violation of this article to determine whether there is a violation of this article. C. If he or she determines that there is a violation of this article, the City Manager or designee shall notify the owner of the property in writing of the violation by certified mail and order its abatement within 30 days. The notice of violation shall: 1. Include a statement specifically describing the violation; 2. Specify that the owner has 30 days from receipt of such notice to bring the property into compliance with this article by means of removal or shielding of the conditions; and 3. Advise the owner that if the violation is not abated, the City may undertake abatement and assess the costs of that abatement to the owner. D. The owner may, after receipt of the notice of violation, submit a plan of abatement to the City Manager or designee, which shall include: 1. The type of abatement or shielding to be undertaken; 2. The date for commencement of action; and 3. The date for completion of the abatement. The City Manager or designee may accept such plan and defer further proceedings under this article pending the date of completion of the abatement. E. In the alternative, the owner may, within 14 days of the date of issuance of the order, appeal the abatement order to the City Manager. Upon receipt of a timely notice of appeal, the City Manager shall schedule a hearing within 20 days, but may postpone that hearing at the request of either parry. Following the hearing, the City Manager may either: 1. Determine that a violation exists and order abatement within 30 days; or 2. Determine that no violation exists and dismiss the proceedings. F. In the event that the owner fails to comply with an abatement order, or an abatement plan approved by the City Manager or designee under subsection D of this section, the City Manager or designee may enter upon the owner's property with the specific purpose of abating or shielding the violation, whichever the City Manager or designee deems appropriate: 1. The City may assess the property owner/user for the actual costs of the abatement. 2. If the assessment is not paid, it shall become a lien upon the property and enforced as in nonpayment of property taxes. (Ord. 1581, 8-7-2006) § 11-27. Jurisdiction. This article applies to all of the City limits of the City of Kalispell. (Ord. 1581, 8-7-2006) § 11-28. Penalty. Any person maintaining community decay under this article shall be charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code which remedies may include fines as well as an order of abatement. (Ord. 1581, 8-7-2006; amd. Ord. 1666, 7-20-2009)