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H1. Ord. 1932, Municipal Code for Unsafe Structures and Penalty ApplicationCITY OF KALISPELL -afN%N"W6 City of Kalispell 201 1" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Municipal Code for Unsafe Structures and Penalty Application MEETING DATE: January 21. 2025 BACKGROUND: At the work session on 1/13, Council reviewed potential modifications to municipal code to address the concern of security and safety of vacant buildings. Currently, Fire Code provides a 60-day time frame to address violations of the code and identifies the violation as a criminal offense, which can be problematic. For an unsecured building, however, it makes more sense to have this as an expediated time frame of 10 days with a different enforcement mechanism, much like the tall grass ordinance, which is also enforced under Fire Code. The relevant section of the Fire Code is incorporated below as a suggested amendment to City Code along with a relevant penalty code. Following discussion at the work session, direction was provided to move this change forward for consideration. 10-12. Unsafe Conditions. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed, or made safe, as the fire code official deems necessary and as provided for in the most recent Fire Code adopted by the City of Kalispell. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. 10-13. Procedure Upon Failure of Property Owner to comply with Unsafe Conditions Order. The structure or equipment determined to be unsafe by the fire code official is permitted to be restored to a safe condition. The owner, the owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective action. Failure to abate such unsafe condition within 10 days after having been given written notice to do so by the City Fire Chief shall be an offense as provided for in Section 1-12 of this Code. RECOMMENDATION: It is recommended that the City Council adopt Ordinance 1932, an Ordinance to amend Ordinance 1890, adopting new sections 10-12 and 10-13 of the Kalispell Municipal Code as set forth in Exhibit A, as a portion of the fire prevention ordinance of the City of Kalispell, and applicable within the corporate boundaries, to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date. ORDINANCE NO. 1932 AN ORDINANCE TO AMEND ORDINANCE NO.1890, ADOPTING NEW SECTIONS 10- 12 AND 10-13 OF KALISPELL MUNICIPAL CODE CHAPTER 10 AS ENUMERATED AND SET FORTH ON EXHIBIT "A", AS A PORTION OF THE FIRE PREVENTION ORDINANCE OF THE CITY OF KALISPELL, AND APPLICABLE WITHIN THE CORPORATE BOUNDARIES OF THE CITY, TO PROVIDE A PENALTY FOR THE VIOLATION OF ANY LAWFUL ORDER ISSUED PURSUANT THERETO AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell, pursuant to the authority provided to local government by the State of Montana under 7-5-108, M.C.A., and 7-5-4202, M.C.A. may adopt uniform technical codes by reference; and WHEREAS, the Montana State Department of Justice permits local governments, such as the City of Kalispell, to administer the state approved fire codes within the territorial jurisdiction of the local government; and WHEREAS, recent concerns for the security and safety of vacant buildings within the City of Kalispell have been brought to the City's attention, however, the City has no method in place to enforce property owners' timely compliance regarding clean up and security complaints; and WHEREAS, new sections of the Municipal Code have been proposed which would use an expedited enforcement mechanism of ten (10) days for property owners to bring problematic properties into compliance and would make a violation thereof a municipal infraction. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. Chapter 10 of the Kalispell Municipal Code shall be amended as set forth in Exhibit "A" attached hereto and incorporated fully herein by this reference. SECTION 2. It is unlawful for any person to knowingly, purposely, willfully, or negligently violate any lawful order issued pursuant to said codes; such a violation is an offense against the City punishable as provided in Section 1- 12 of the Kalispell City Code. SECTION 3. This Ordinance is effective thirty days following final approval by the Council and Mayor and the filing with the City Clerk of the prescribed copies of the Codes hereby adopted by reference. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS _ DAY OF , 2025. ATTEST: Aimee Brunckhorst, CMC City Clerk Mark Johnson Mayor Exhibit A Chapter 10 FIRE PREVENTION 10-1 INTERNATIONAL FIRE CODE; ADOPTED 10-12. UNSAFE CONDITIONS. Structures or existing equipment that are or hereafter become unsafe, insanitary or deficient because of inadequate means of egress, inadequate light and ventilation, or that constitute a fire hazard, are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed, or made safe, as the fire code official deems necessary and as provided for in the most recent Fire Code adopted by the City of Kalispell. A vacant structure that is not secured against unauthorized entry shall be deemed unsafe. 10-13. PROCEDURE UPON FAILURE OF PROPERTY OWNER TO COMPLY WITH UNSAFE CONDITIONS ORDER. The structure or equipment determined to be unsafe by the fire code official is permitted to be restored to a safe condition. The owner, the owner's authorized agent, operator or occupant of a structure, premises or equipment deemed unsafe by the fire code official shall abate or cause to be abated or corrected such unsafe conditions either by repair, rehabilitation, demolition, or other approved corrective action. Failure to abate such unsafe condition within 10 days after having been given written notice to do so by the City Fire Chief shall be an offense as provided for in Section 1- 12 of this Code.