Ordinance 1932 - KMC Ch 10, Sec 10-12 and 10-13 (Fire Prevention)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 3RD DAY OF FEBRUARY, 2025.
ATTEST:
Ainke Brunckhorst, CMC
City Clerk
Mark Johnso
Mayor
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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.