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03-24-25 Work Session Agenda and MaterialsCITY COUNCIL KCITY OF WORK SESSION AGENDA ALISPELL March 24, 2025, at 7:00 p.m. City Hall Council Chambers, 201 First Avenue East See the bottom of the agenda to learn how to provide public comment and watch meetings live or later. A. CALL TO ORDER B. DISCUSSION Code Enforcement Program C. PUBLIC COMMENT Persons wishing to address the council are asked to do so at this time. See the bottom of the agenda to learn the protocol for providing comment. D. CITY MANAGER, COUNCIL, AND MAYOR REPORTS E. ADJOURNMENT UPCOMING SCHEDULE Next Regular Meeting — April 7, 2025, at 7:00 p.m. — Council Chambers Next Work Session — April 14, 2025, at 7:00 p.m. — Council Chambers PARTICIPATION When addressing council please give your name and address, see the last page of the agenda for the proper manner of addressing the council, and limit comments to three minutes. Comments can also be emailed to publiccomment2kalispell.com. To provide public comment live, remotely, join the video conference through zoom at: httDs://us02web.zoom.us/webinar/reizister/" izit4mVF RaKwv4awYDIPlw. Raise your virtual hand to indicate you want to provide comment. Due to occasional technical difficulties, the most reliable way to participate is through in -person attendance. Electronic means are not guaranteed. Watch City Council meetings live with the agenda and documents or later with time stamped minutes at: https://www.kalispell.com/480/Meeting-Videos or live or later on YouTube at: hlt2s://www.youtube.com/2cilyofkalis]2ellmontana9632/streams. ofkalispellmontana9632/streams. The City does not discriminate on the basis of disability in its programs, services, activities, and employment practices. Auxiliary aids are available. For questions about disability accommodation please contact the City Clerk at 406-758-7756. Page 1 of 2 Kalispell City Council Agenda, March 24, 2025 ADMINISTRATIVE CODE Adopted July 1, 1991 Section 2-20 Manner of Addressing Council a. Each person not a Council member shall address the Council, at the time designated in the agenda or as directed by the Council, by stepping to the podium or microphone, giving that person's name and address in an audible tone of voice for the record, and unless further time is granted by the Council, shall limit the address to the Council to three minutes. b. All remarks shall be addressed to the Council as a body and not to any member of the Council or Staff. C. No person, other than the Council and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, without the permission of the Presiding Officer. d. No question shall be asked of individuals except through the Presiding Officer. PRINCIPLES FOR CIVIL DIALOGUE Adopted by Resolution 5180 on February 5, 2007 ■ We provide a safe environment where individual perspectives are respected, heard, and acknowledged. ■ We are responsible for respectful and courteous dialogue and participation. ■ We respect diverse opinions as a means to find solutions based on common ground. ■ We encourage and value broad community participation. ■ We encourage creative approaches to engage in public participation. ■ We value informed decision -making and take personal responsibility to educate and be educated. ■ We believe that respectful public dialogue fosters healthy community relationships, understanding and problem solving. ■ We acknowledge, consider and respect the natural tensions created by collaboration, change, and transition. ■ We follow the rules & guidelines established for each meeting. Page 2 of 2 -afN%N"W6 CITY OF KALISPELL REPORT TO: Mayor Johnson and Kalispell City Council FROM: Doug Russell, City Manager SUBJECT: Code Enforcement Program MEETING DATE: March 24. 2025 City of Kalispell 201 1" Ave E. P.O. Box 1997 Kalispell, Montana 59903-1997 (406) 758-7000 Fax (406)7757 BACKGROUND: Earlier this year, Council had several meetings to discuss property maintenance and nuisance abatement, culminating in modification of the City of Kalispell Code to allow for abatement of structures that were not secured for egress and ingress. As part of those discussions, it was requested to have a future work session to discuss the code enforcement program and what is needed to be able to respond more effectively and efficiently to complaints that come into the city. Primarily, this would include the addition of a code enforcement officer and what that position would entail and how existing ordinances could be modified to be more effective. Additional discussion that was requested was if we desired to expand the breadth of nuisance abatement. In respect to having a Code Enforcement Officer, an online review of other municipalities revealed the following staffing of Code Enforcement programs across the State of Montana: Code Enforcement Personnel- Top 8 Cities Kalispell Billings Missoula Great Falls Bozeman Helena Butte Belgrade No Code Code Code 2 Code 2 Officers 1 Code 2 Code dedicated Enforcement Compliance Enforcement Enforcement Dedicated to Enforcement Enforcement Personnel Manager Manager Tech Officers Code Director Officers Enforcement Code 5 2 Right of 1 Code Enforcement Compliance Way Enforcement Office Officers Enforcement Officer Manager Officers 5 Code Enforcement Officers If Kalispell went in the direction of a dedicated program and personnel, the following areas of municipal code would be placed under their jurisdiction to provide consistency of enforcement: Boulevards: This article provides for minimum standards for development and maintenance within the street boulevards (the landscaped portion of the right-of-way, typically between the curb and the sidewalk), such as landscaping, traffic visibility, rocks, fencing, etc.). It also prohibits parking on the boulevard. Communi . Decal Community decay includes unshielded debris/junk accumulations on private property that create a public nuisance. Downtown Sidewalks: Items in the right-of-way ("encroachments") in the downtown area, such as tables, chairs, flower pots, artwork, and sidewalk signs. Encroachments in Right-of-Wa: Encroachments are anything, whether temporary or permanent, that are placed in or extend into the street or sidewalk. Common encroachments include fences, basketball hoops, and staging for construction. Curb cuts (locating driveway accesses onto the street) fall under this category. Junk Vehicles: Inoperative vehicles that are missing component parts are considered junk vehicles. Landscaping: Certain aspects of landscaping on private property adjacent to rights -of -way and as part of commercial landscaping plans. Sidewalks: Requirements relating to sidewalks, including necessary replacement/repairs, extension cords over the sidewalk, use of downtown sidewalks, snow removal, and most encroachments. Signs (Private Non-public signs (commercial signs, but not traffic signs). Snipe Signs: Signs placed on telephone poles and light poles. Snow removal: Keeping sidewalks clear of snow and ice falls under the Street and Sidewalk generally requires removal within 72 hours, except in the downtown business district, where it is to be removed by 12:00 noon on the day that it accumulates. Streets/Intersection Visibili Clear vision triangles at street intersections are required for appropriate traffic visibility. Vegetation at intersections (trees, shrubs, hedges, etc.) must be maintained to allow visibility. Weeds/tall _grass: After July 1, weeds/grass over 8" in height must be mowed. Zoning Regulations: Zoning regulations include property use, building setbacks, fences, outdoor lighting on private property, and commercial signage. We are also attaching sample changes that would allow for more effective enforcement of existing ordinances, including: Junk Vehicles, Community Decay and Tall Grass/Weeds. Additional discussion was requested to be included in the work session as it relates to potentially adding provisions for vacant buildings and/or dangerous structures. Sample ordinances that had previously been reviewed from the City of Butte are included for discussion. RECOMMENDATION: It is recommended that Council review and discuss this topic and provide staff direction for next steps. ATTACHMENTS: Draft Changes to Community Decay Code (includes Tall Grass and Weeds) Draft Changes to Junk Vehicle Code Sample Ordinances for Vacant Buildings and Dangerous Structures Community Decay § 11-221Drrrosr 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; amd. Ord. 1925, 7/15/2024) § 11-23Cefinitions, In this article the following terms have the meanings indicated below: ominunity decay. A public nuisance created by allowing unchecked or overgrown vegetation, 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. +- . olic view. Any area visible from any point within the public right-of-way, or from a private road or alley. SmeLding. 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; amd. Ord. 1925, 7/15/2024) § 11-24Prohibitior 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: 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; The storage or accumulation of a significant amount of cardboard boxes, broken packing boxes, paper, or other similar items on lots or fields; 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; 1). 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 motorvehicle wrecking facility; 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. F. 1. Any unchecked or overgrown vegetation that is unsightly, troublesome or offensive, including all weeds and grasses over eight inches in height. 2. Exceptions. a. Property/lots in excess of fifteen thousand (15,000) square feet. b. Property that is inaccessible or impractical for mowing or removing weeds including, but not limited to, drainage areas, wetlands, forested areas, excessive slope or ground instability, active pastureland, and tree covered areas in parks. c. Maintained and cultivated gardens. (Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024) § 11-25Shielding. 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: 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. Chainlinkfencingwith 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. Shieldingwith 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. Other types of fencing of equivalent permanence, attractiveness, and shielding qualities, are also acceptable. The use of plastic tarps does not constitute shielding under this section. 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; amd. Ord. 1925, 7/15/2024) § 11 -26. Notice of Violation It shall be the duty of the City Manager or designee to inspect the City at reasonable intervals and cause written notice of any violation of this section to be given to the occupant of any premises or to the owner of unoccupied premises which are in violation of this section, who shall have 10 days after the service of such notice within which to comply with this section. The notice may be personally served on the head of such household, or owner if the premises are unoccupied, or may be served by registered mail addressed to the head of such household, or owner of unoccupied premises, at his or her address on such premises, or at such other address as he or she may personally reside. Wil 1 IN 71 I R;" I10LqmqRlRl�.t►MI<.11-l00[,.INlt►7�l-ll•J!■ LW, lllrtl LwPOOJ■ VPJ IN [;S4 0 LwMIAW - i mq i L-MiA "AA i L-71 W LA l�J llr�Y�.1��.[t�l t�J tllK►7l��l�llI•r�rl�llll�t►7��.11�1�11•ll�lll � � � l�ilrl �l�i�J �.1 �r.11�l � � l�l � lt�J t►7 � 1l�ll! 11 �!{l�l �l�iR 1 � l! l�l l�.l \l�l ■ M! iRr.l1LWMLW1<RI•lm■1■■LWjm lwlm -J MNIYlY�111BY1lAYI iY�Y�Ail' II I I•l�ll�l 11 lei! �.1�. �rI l�l�.l\ l�J lH \ [►1[►T.1 l! l�J l! l�l �.1 �r.11�l l�l l�r�rl l� 11 S �\rL►71t�J 11�1_ tRIK►7!� _ _ _ _ _ _ _ _ _ MW I M U-, 10 U-, t=4,-1 MWA WE L-2-1 t=4 0 L-IwM 0 0 MW W, "'i MW r-..IwIF4.1410t=4Lw.lm.-]mlLw2t§!Ilmt=mqmL.dm § 11-27Jurisdiction. This article applies to all of the City limits of the City of Kalispell. (Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024) § 11-26Penalty. 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; Ord. 1925, 7/15/2024) Junk Vehicles § 19-36Junk Vehicles on Private Property. /M Definitions: Component part. Any identifiable part of a discarded, ruined, wrecked, or dismantled motor vehicle, including, but not limited to, fenders, doors, hoods, engine blocks, motor parts, transmissions, frames, axles, wheels, tires, and passenger compartment fixtures. Junk vehicle. ll��.l�[►7��l�J ll�l m-,. I!Pr. ulllWALWJ MllWl In l;I 6W 10 wrWAN Ad iscarded. ruined, wrecked, or dismantled motor vehicle, machinery, trailer or parts thereof (including component parts) that is inoperative or incapable of being driven or which has any one (1) or more of the following characteristics: Lacks an engine, wheel, tire, property installed battery or other structural part which renders the vehicle inoperable for use as designed by the manufacturer: 2. Has a broken or missing fender, door, bumper, hood, steering wheel, trunk top, trunk handle, tail pipe, muffler, driver's seat, fuel tank, driveshaft, differential, generator, or alternator: 3. Has heavy growth of weeds or other noxious vegetation over eight (8) inches in height under or immediately next to it: m Contains junk, garbage, refuse, gasoline or fuel other than in its fuel tank, paper, cardboard, wood or other combustible materials, solid waste, or other hazardous material in it or is primarily used for storage of any materials: 5. Has become a source of danger for children through possible entrapment in areas of confinement that cannot be opened from inside, through a danger of the vehicle falling or turning over, or through possible injury from exposed surfaces of metal, glass, or other rigid materials: M. Has become a potential source of contamination of the soil from petroleum products or other toxic liquids being discharged or leaking from the vehicle: 7. Has become illegal to operate on the public streets because it is missing one (1) or more parts required by law; or Because of its defective, deteriorated, or obsolete condition, in any other way constitutes a nuisance or a threat to the public's health or safety. Public view. Any point within the public right-of-way, or private road or alley, from which junk vehicles can be seen. A period of iess than 6E) days. Shielding. The construction or use of fencing or man-made or natural barriers to conceal junk vehicles from public view. The use of plastic tarps does not constitute shielding under this section. Unlawful: No junk vehicle or component part shall be placed on or allowed to remain on any premises in the City exposed to the public view. C. Exception: This section shall not be construed to prevent any occupant of any premises from repairing his or her motor vehicle on his or her premises even though exposed to public view, as long as he or she pursues his or her work to completion with reasonable diligence not to exceed sixty (60) days. Responsibility for Violation: The occupant of any premises shall be responsible for any violation of this section; the head of the household shall be deemed to be the occupant. In the case of vacant or unoccupied premises, the owner thereof shall be responsible for any violation of this section. Wrecking and Junk Yards: This section shall apply to all automobile wrecking and junk yards, except to the extent permitted in industrial districts by the zoning chapter. Inspection; Notice of Violation: It shall be the duty of the City Manager or designee to inspect the City at reasonable intervals and cause written notice of anyviolation of this section to be given to the occupant of any premises or to the owner of unoccupied premises which are in violation of this section, who shall have 10 days after the service of such notice within which to comply with this section. The notice may be personally served on the head of such household, or owner if the premises are unoccupied, or may be served by registered mail addressed to the head of such household, or owner of unoccupied premises, at his or her address on such premises, or at such other address as he or she may personally reside. G. Violation; Nuisance: Anyviolation of this section shall be charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 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) Title 8 - HEALTH AND SAFETY Chapter 8.02 VACANT BUILDINGS Chapter 8.02 VACANT BUILDINGS 8.02.010 Purpose. The purpose of this chapter is to protect the public health, safety and welfare by establishing a program for identification and registration of vacant buildings, determining the responsibilities of owners of vacant buildings and structures, and providing for administration, enforcement and penalties. (Ord. No. 16-2, § 3, 6-15-2016) 8.02.020 Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning. A. "Agency" means the City -County Law Enforcement Department, Building Code Department, Community Enrichment Department or any other City -County Department, officer or employee appointed by the chief executive to enforce the regulations set forth herein, all of which are designated to enforce this chapter. "City -County" means the local government of the City -County of Butte -Silver Bow State of Montana including all of its departments, boards, commissions and agencies, and means all of the area within its jurisdiction. "Dangerous Structure" means a structure that is potentially hazardous to persons or property, including but not limited to: 1. A structure that is in danger of partial or complete collapse; 2. A structure with any exterior parts that are loose or in danger of falling; or 3. A structure with any parts, such as floors, porches, railings, stairs, ramps, balconies or roofs, that are accessible and that are either collapsed, in danger of collapsing or unable to support the weight of normally imposed loads; 4. A dangerous building as defined in Chapter 8.14 of the BSB-MC. D. "Mothballing" means to secure a vacant building and protect it from further deterioration until such time that the structure may be repaired/rehabilitated and returned to a permitted use as defined in Title 17 of the BSB MC entitled "Zoning". E. "Owner" means a person or entity shown to be the owner or owners on the records of the City- County's Clerk and Recorder's and/or the Assessors' offices, or other person, firm or corporation in control of the freehold of the premises. Any person with a shared interest in the property may have a joint and several obligation for compliance with the provisions of this chapter. "Posted" means a building that has been posted with a Notice of Dangerous Building and Order to Repair or Demolish by the building inspector that meets the criteria set forth in the Uniform Code for the abatement of dangerous buildings. G. "Unsecured" means a building that is not locked, protected, shielded or is otherwise made open and accessible and unsafe from outside elements. Butte -Silver Bow County, Montana, Code of Ordinances (Supp. No. 39) Created: 2024-08-14 16:15:35 [EST] Page 1 of 12 H. "Vacant Building" means: 1. A building that is: a. Unoccupied and/or Unsecured or, b. Unoccupied and/or a Dangerous Structure or, C. Unoccupied and/or is Posted or, d. Unoccupied and/or has City -County code violations or, e. Unoccupied and/or is illegally occupied. 2. Vacant Building does not mean any building being constructed pursuant to a valid permit issued pursuant to the City -County building code. (Ord. No. 16-2, § 3, 6-15-2016; Ord. No. 20-04, § 1, 6-17-2020) 8.02.030 Vacant building registration. A. The Owner shall register with the City -County Community Enrichment Department no later than one hundred eighty days after any building in the City -County becomes a Vacant Building as defined in this chapter. B. The registration shall be submitted on form(s) provided by the City-County's Community Enrichment Department. The forms shall include, when applicable: 1. a plan for any required repair/rehabilitation and continued care and upkeep of the property acceptable to any Agency of the City -County and/or a timetable for: a. returning the building to a permitted use as defined in Title 17 of the BSB MC entitled "Zoning", or b. mothballing the building, or C. demolition of the building, subject to the provisions of Chapter 2.64 of the BSB MC entitled "Historic Preservation Program". 2. other information deemed necessary by any Agency of the City -County to ensure the building does not constitute a Dangerous Structure; C. The owner shall notify the City -County Community Enrichment Department of any changes in information supplied as part of the Vacant Building registration within 30 days of the change. If the plan or timetable for the Vacant Building is revised in any way, the revisions must meet the approval of the City -County. D. The owner and any subsequent owners shall keep the building secured and safe and the building grounds properly maintained until any required rehabilitation or demolition has been completed. E. Any new Owner(s) shall register or re -register the vacant building with the City -County Community Enrichment Department within thirty days of any transfer of an ownership interest in a Vacant Building. F. Any new Owner(s) shall comply with the approved plan and timetable submitted by the previous Owner until any proposed changes are submitted and meet the approval of the City -County. (Ord. No. 16-2, § 4, 6-15-2016; Ord. No. 20-04, § 2, 6-17-2020) (Supp. No. 39) Created: 2024-08-14 16:15:35 [EST] Page 2 of 12 8.02.040 Minimum mothballing requirements. A. Ensure the roof is watertight. Repair holes and replace missing or deteriorated roofing materials. B. Repair buckled walls and sagging roofs. Ensuring that a roof can handle snow loads may require bracing at the ridge and mid -points. C. Remove pigeon, rodents, and other pests from the building. Repair, cover, or plug holes or large cracks in the exterior walls and foundations. D. Secure or remove loose materials and architectural elements. If loose architectural elements are removed, they must be documented and stored on -site. E. Repair or replace damaged or missing windows on the first story of commercial buildings with glass. First story windows of a commercial building may not be covered with plywood or other opaque materials, except for windows along an alley. F. Repair or replace damaged or missing windows on the upper story or stories of commercial buildings and in residential buildings with glass or cover the windows with plywood. Window covers shall be high-grade plywood, no less than one -half -inch thick, cut to fit within the window openings, and screwed into placed, opposed to nailed. Additionally, the window covers should be painted a flat gray or brown with replica sashes in a contrasting color. G. Secure access doors with a heavy deadlock and/or a key lock. Extensively damaged or deteriorated doors on primary fagades should be replaced and secured. Other doors should be fixed shut and/or or covered with plywood. H. Clean and inspect flashing, gutters, and downspouts to verify that water will discharge away from the building. Remove all trash and debris from inside the building. Remove all hazardous materials from the building and/or property. K. Maintain the yard by removing all trash and other debris, cutting back or removing vegetation around buildings, removing weeds, and keeping the grass cut short. L. Disconnect electrical systems not required to operated security or fire suppression systems. Turn off water service and drain the pipes. M. Maintain a plan for internal air circulation/ventilation as approved by the City -County. (Ord. No. 20-04, § 3, 6-17-2020) 8.02.050 Vacant building fees. A. The owner of a vacant building shall pay an annual fee by January 3rd of every year of twenty-five dollars for the period the building remains a vacant building. This fee shall be waived the first year the building is registered as a vacant building. B. The fee shall be paid in full prior to the issuance of any building permits, with the exception of a demolition permit. (Ord. No. 16-2, § 5, 6-15-2016; Ord. No. 20-04, § 4, 6-17-2020) Note(s)—Formerly § 8.02.040 (Supp. No. 39) Created: 2024-08-14 16:15:35 [EST] Page 3 of 12 8.02.060 Exemptions. A. A building that has suffered fire damage shall be exempt from the registration requirement for ninety days after the date of the fire if the property owner submits a request for exemption in writing to the City -County Community Enrichment Department. B. This request shall include the following information supplied by the owner(s): 1. The description of the premises; 2. The names and addresses of the owner or owners; 3. A statement of intent to repair and reoccupy the building with a proposed schedule. (Ord. No. 16-2, § 6, 6-15-2016; Ord. No. 20-04, § 5, 6-17-2020) Note(s)—Formerly § 8.02.050 8.02.070 Inspections. A. Pursuant to Section 7-1-4124(16) MCA, the City -County may inspect any premises and enter private property, obtaining warrants when necessary for the purpose of enforcing and assuring compliance with the provisions of this chapter. B. The City -County Community Enrichment Code Officer and Historic Preservation Officer will conduct an initial compliance inspection of mothballed buildings registered under this subchapter and will: 1. Issue an acceptance certificate to the owner if the owner has complied with the minimal mothballing procedures set forth in Section 8.02.040 of this subchapter; or 2. Issue a notice of non -acceptance to the owner if the owner has not complied with the minimal mothballing procedures set forth in Section 8.02.040 of this chapter. The owner will have thirty days from the date of the inspection to complete corrective action(s) and request another compliance inspection. C. The City -County Community Enrichment Code Officer and Historic Preservation Officer will conduct annual compliance inspections of mothballed buildings registered under this subchapter. (Ord. No. 16-2, § 6, 6-15-2016; Ord. No. 20-04, § 6, 6-17-2020) 8.02.080 Enforcement. A. Violators of this chapter will receive notice of the violation. Service of the notice may be made by registered or certified mail, return receipt requested and the service shall be deemed complete on delivery. If the address of a person to be notified is unknown or receipt of a notice which has been mailed is returned unsigned, such notice may be served by posting the same on a conspicuous place on the real property, in which event service shall be deemed completed as of the time of posting. The enforcement officer will keep a record of the posting in the department file for the property. B. Jurisdiction shall be in the City Court or Justice Courts for the City and County Butte -Silver Bow, State of Montana. (Ord. No. 16-2, § 7, 6-15-2016; Ord. No. 20-04, § 7, 6-17-2020) Note(s)—Formerly § 8.02.070 (Supp. No. 39) Created: 2024-08-14 16:15:35 [EST] Page 4 of 12 8.02.090 Penalty. A. Violators who fail to obtain a Vacant Building registry or violates the terms and conditions of the registry and/or fail to meet minimum mothballing requirements will be subject to a penalty not to exceed five hundred dollars for each violation. B. No person or entity may be cited for a violation of this chapter more than once in a calendar day. However each calendar day may be considered a separate offense. C. Only those violations which have occurred within one year of a present offense may be considered prior violations. D. Owner shall comply with a timetable within which to correct the violation. (Ord. No. 16-2, § 8, 6-15-2016; Ord. No. 20-04, § 8, 6-17-2020) (Supp. No. 39) Created: 2024-08-14 16:15:35 [EST] Page 5 of 12 Chapter 8.14 DANGEROUS BUILDINGS Section: 8.14.010 Purpose. The purpose of this chapter is to protect the public health, safety and welfare by establishing a method to be cumulative with and in addition to any other remedy provided by the International Existing Building Code, or otherwise available by law, whereby buildings or structures, which from any cause, endanger the life, limb, health, property, safety or welfare of the general public or their occupants, may be required to be repaired, vacated or demolished. (Ord. No. 19-08, § 2, 8-21-2019) 8.14.020 Scope. The provisions of this chapter shall apply to all dangerous buildings, as herein defined, which are now in existence or which may hereafter become dangerous within the city -county of Butte -Silver Bow, Montana. (Ord. No. 19-08, § 3, 8-21-2019) 8.14.030 Alterations, additions and repairs. All buildings or structures which are required to be repaired under the provisions of this chapter shall be required to obtain the appropriate permits as required by the city -county of Butte -Silver Bow, Montana. (Ord. No. 19-08, § 4, 8-21-2019) 8.14.040 Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning. A. "Code enforcement officer" means an enforcement officer of the city -county community enrichment department, the city -county fire department, the city -county planning/building code department or any other city -county department, officer or employee appointed by the chief executive with the appropriate qualifications whose job duties include enforcing the regulations of this chapter by addressing buildings or structures, which from any cause, endanger the life, limb, health, property, safety or welfare of the general public or their occupants. "Council of commissioners" means the members elected to serve as the governing body of the city - county of Butte -Silver Bow. "Dangerous building" means for the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described, as determined by a code enforcement officer and/or by an outside registered design professional, provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or its occupants are endangered: 1. Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one third of the base. (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 6 of 12 2. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads, is more than one and one half times the working stress or stresses allowed in the International Existing Building Code for buildings of similar structure, purpose or location. 3. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the International Existing Building Code for buildings of similar structure, purpose or location. 4. Whenever any portion or member or appurtenance thereof is likely to fail, or become detached or dislodged, or to collapse and thereby injure persons or damage property. 5. Whenever any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the International Existing Building Code for buildings of similar structure, purpose or locations without exceeding the working stresses permitted in the International Existing Building Code for such buildings. 6. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction. 7. Whenever the building or structure, or any portion thereof, because of: Dilapidation, deterioration or decay; Faulty construction; iii. The removal, movement or instability of any portion of movement or instability of any portion of the ground necessary for the purpose of supporting such building; iv. The deterioration, decay or inadequacy of its foundation; or Any other cause, is likely to partially or completely collapse. 8. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. Whenever the building or structure, exclusive of foundation, shows thirty-three percent or more damage or deterioration of its supporting member or members, or fifty percent damage or deterioration of its non -supporting members, enclosing or outside walls or coverings. 10. Whenever the building or structure has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated as to become: An attractive nuisance to children; A harbor for vagrants, criminals or immoral persons; or iii. As to enable persons to resort thereto for the purpose of committing unlawful or immoral acts. 11. Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the city -county, as specified in the International Existing Building Code, or any law or ordinance of the state of Montana or the city -county relating to the condition, location or structure of buildings. (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 7 of 12 12. Whenever any door, aisle, passageway, stairway or other means of exit is not so arranged as to provide safe and adequate means of exit in case of fire or panic. 13. Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. 14. Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non -supporting part, member or portion less than fifty percent, or in any supporting part, member or portion less than sixty-six percent of the (i) strength, (ii) fire -resisting qualities or characteristics, or (iii) weather -resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. 15. Whenever a building or structure, is used or intended to be used for dwelling purposes, and has an inadequate sewer or water system as determined by a registered sanitarian with the city- county's health department. 16. Whenever any building or structure, is in such a condition as to constitute a "condition of public health importance" as defined in Section 50-1-101(2) MCA. 17. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the city- county's fire marshal to be a fire hazard. 18. Whenever any building or structure is in such a condition as to constitute a public nuisance as defined in Montana law. 19. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. D. "Owner" means those shown to be the owner or owners on the records of the offices of the city - county of Butte -Silver Bow's Clerk and recorder and/or assessor; and/or other person, firm or corporation in control of the freehold of the premises or lessor stated herein. Any person with a shared interest in the property may have a joint and several obligation for compliance with the provisions of this chapter. E. "Posted" means a building that has been posted with a notice of dangerous building and order to repair or demolish by a code enforcement officer that meets the criteria of a dangerous building. "Registered design professional" means an individual who is registered or licensed to practice their respective design profession as defined by the statutory requirements of the professional registration laws of the state of Montana. (Ord. No. 19-08, § 5, 8-21-2019) 8.14.050 Commencement of proceedings. When the code enforcement officer, or when needed a registered design professional, has inspected or caused to be inspected any building and found and determined that such building is a dangerous building, he or she shall commence proceedings to cause the repair, vacation or demolition of the building. (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 8 of 12 A. Notice and directives of code enforcement officer. The code enforcement officer shall issue a notice directed to the owner of the building. The notice shall contain the following information and directive(s): 1. The street address and a legal description sufficient for identification of the premises upon which the building is located. 2. A statement that the code enforcement officer has found the building to be a dangerous building with a brief and concise description of the conditions found to render the building a dangerous building under this chapter. 3. A statement of the action required to be taken as determined by the code enforcement officer as follows: a. If the code enforcement officer has determined that the building or structure must be repaired, the notice shall require that all required permits be secured and the work physically commenced within such time (not to exceed sixty days) and completed within such time as the code enforcement officer determines is reasonable under the circumstances. If the code enforcement officer has determined that the building or structure must be vacated, he or she shall direct that the building or structure be vacated within a time certain from the date of the notice as determined by the code enforcement officer to be reasonable. If the building, official and/or the health department and/or the fire department, in conformity with Section 2.64.150 of Chapter 2.64 of the Butte -Silver Bow Municipal Code entitled historic preservation program has determined that the building or structure must be demolished, the notice shall require that the building be vacated within such time as the building official, and/or the health department and/or the fire department determines is reasonable (not to exceed sixty days from the date of the notice); that all required permits be secured within sixty days from the date of the notice; and that the demolition be completed within such time as the building official and/or the health department and/or the fire department shall determine is reasonable. 4. Statements advising that if any required repair or demolition work (without vacation being required) is not commenced within the time specified, the code enforcement officer (i) will order the building vacated and posted to prevent further occupancy until the work is completed, and (ii) may proceed to cause the work to be done and charge the costs against the property or its owner. 5. Statements advising (i) that any owner person having any record title or legal interest in the building may appeal from the notice and directive of the code enforcement officer, to the building board of appeals provided the appeal is made in writing and filed within thirty days from the date of the notice and directive; and (ii) that failure to appeal will constitute a waiver of all right to a hearing and determination of the matter. Service of notice and directive: The notice and directive, and any amended or supplemental notice and directive, shall be served upon the record owner and posted on the property; and one copy shall be served on each of the following if known to the code enforcement officer or disclosed from official public records: the holder of any mortgage or deed of trust; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the code enforcement officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person form any duty or obligation imposed by the provisions of this section. (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 9 of 12 Method of service. Service of the notice and directive shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and directive by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last tax statement of the city -county or as known to the code enforcement officer. If no address or any such person so appears or is known to the code enforcement officer, then a copy of the notice and directive shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner provided herein shall be effective on the date of mailing. D. Proof of service. Service of the notice and directive shall be certified to at the time of service by a written declaration executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of the receipt by certified mail shall be affixed to the copy of the notice and order and retained by the code enforcement officer that initiated the proceedings. (Ord. No. 19-08, § 6, 8-21-2019) 8.14.060 Repair, vacation and demolition standards. The following standards shall be followed by the code enforcement officer in ordering the repair, vacation or demolition of any dangerous building or structure: A. Any building declared a dangerous building by a code enforcement officer under this code shall comply with the following: 1. The building shall be repaired in accordance with an abatement plan and time table established by the code enforcement officer and in compliance with all city -county local laws including compliance with Chapter 2.64 of the Butte -Silver Bow Municipal Code entitled historic preservation program and permitting requirements and/or 2. The building shall be demolished in a manner compliant with all city -county local laws, including compliance with Chapter 2.64 of the Butte -Silver Bow Municipal Code entitled historic preservation program, and in compliance with all permitting requirements and/or 3. If the building does not constitute an immediate danger to the life, limb or property or safety of the public, it may be vacated, secured and maintained against entry. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated. 1. Every notice to vacate shall be signed by the code enforcement officer and posted at or upon each exit of the building in substantially the following form: DO NOT ENTER UNSAFE TO OCCUPY It is a misdemeanor to occupy this building or to remove or deface this notice. 2. Whenever such notice is posted, the code enforcement officer shall include with the notice an explanation reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted, except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the requested repairs, demolition or removal have (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 10 of 12 been completed and a certificate of occupancy issued pursuant to the provision of the International Existing Building Code. (Ord. No. 19-08, § 7, 8-21-2019) 8.14.070 Appeal of notice and directive of code enforcement officer. Any person entitled to service under Section 8.14.050 of this chapter may appeal from the notice and directive of the code enforcement officer or any action of the code enforcement officer under this chapter to the building board of appeals. The appeal shall be filed within thirty days from the date of the service of such notice and directive or action of the code enforcement officer; provided however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or adjacent property and is ordered vacated and posted in accordance with Section 8.14.060 of this chapter, such appeal shall be filed within five days from the date of the service of the notice and directive of the code enforcement officer. (Ord. No. 19-08, § 8, 8-21-2019) 8.14.080 Failure to comply with notice and directive of code enforcement officer. If no appeal is made, the notice and directive of the code enforcement officer shall become final and any person who fails, neglects or refuses to comply with such notice and directive is guilty of a misdemeanor. In addition, the code enforcement officer may initiate any appropriate action to abate such building as a public Ihllll; lhTCm (Ord. No. 19-08, § 9, 8-21-2019) 8.14.090 Extension of time to perform work. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the code enforcement officer may grant an extension of time, not to exceed an additional one hundred twenty days, within which to complete said repair, rehabilitation or demolition, if the code enforcement officer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The code enforcement officer's authority to extend time is limited to the physical repair, rehabilitation or demolition of the premises and will not in any way affect the time to appeal the notice and directive. (Ord. No. 19-08, § 10, 8-21-2019) 8.14.100 Failure to repair or demolish. If the owner fails to comply with the code enforcement officer's notice and directive pursuant to the requirements set forth herein, or in the event of an appeal, within ten days of the decision of the building board of appeals upholding such notice and directive, the code enforcement officer may direct that the repair or demolition be accomplished by personnel of the city -county or by private contract pursuant to the city-county's contractual procedures set forth in Chapter 3.12 of the Butte -Silver Bow Municipal Code. (Ord. No. 19-08, § 11, 8-21-2019) (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 11 of 12 8.14.110 Notice of costs and right to protest. A. Within twenty days after the repair or demolition of the dangerous building is accomplished by personnel of the city -county or by private contract, the owner will be notified of the costs of such repair or demolition, including administrative costs. If the owner fails to pay the bill in thirty days, the code enforcement officer shall certify the amount of the charges to the clerk and recorder for collection. B. Any person interested in or affected by the proposed charge may file written protests or objections with the clerk and recorder and request a hearing before the council of commissioners. Each protest or objection must contain a description of the property and grounds of the protest or objection. The clerk and recorder shall endorse on every such protest or objection the date of receipt. C. The clerk and recorder shall present the amount of the charges certified by the code enforcement officer and any protests or objections to the council of commissioners for consideration, who shall fix a time, date and place for consideration of the certified cost report and any protests or objections thereto. (Ord. No. 19-08, § 12, 8-21-2019) 8.14.120 Tax liability for payment of charges. A. If any charges to be paid by the owner pursuant to Section 8.14.110 have not been paid within thirty days, following notification or in the case of a written objection, within thirty days following the decision of the council of commissioners, the clerk and recorder shall certify the amount thereof, with the description of the premises charged and shall extend the same to the assessment list as a special tax on the real property. If the real property for any reason is exempt from general taxation, the amount of the charge may be removed by direct claim against the owner and collected in the same manner as personal taxes. B. The city -county shall notify the responsible party that a lien has been placed on the property by certified mail, return receipt requested. (Ord. No. 19-08, § 13, 8-21-2019)13 8.14.130 Repair and demolition fund. The council of commissioners shall establish a special revolving fund to be designated as the repair and demolition fund. Payments shall be made out of said fund upon the request of a code enforcement officer to defray the costs and expenses which may be incurred by the city -county in doing or causing to be done the necessary work or repair or demolition of dangerous buildings. (Ord. No. 19-08, § 13, 8-21-2019) (Supp. No. 39) Created: 2024-08-14 16:15:36 [EST] Page 12 of 12