Ordinance 1936 - Amends Ord 1925, Chap 11, GarbageORDINANCE NO. 1936
AN ORDINANCE AMENDING ORDINANCE 1925, KALISPELL MUNICIPAL CODE,
CHAPTER 11, GARBAGE, REFUSE AND WEEDS, BY AMENDING ARTICLE 5,
COMMUNITY DECAY, 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
be reassessed and updated from time to time to ensure that the interests of the public
are being properly served; and
WHEREAS, during work sessions regarding property maintenance and nuisance abatement,
proposed amendments were suggested to KMC Chapter 11, Article 5, Community
Decay; and
WHEREAS, the Kalispell City Council finds that the amendments to KMC Chapter 11, Article
5, as set forth in Exhibit "A", attached hereto, are necessary and proper to respond
effectively to complaints that are reported to the city and otherwise noted.
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, Article 5, 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 codify 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 5TH DAY OF MAY, 2025.
Mark Johnson
Mayor
ATTEST:
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Aimee Brunckhorst, CMC
City Clerk oNT
III
EXHIBIT "A"
Chapter 11. Garbage, Refuse and Weeds
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; amd. Ord. 1925, 7/15/2024)
11-23 Definitions.
In this article the following terms have the meanings indicated below:
Community 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.
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; amd. Ord. 1925, 7/15/2024)
§ 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.
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 or landscaping.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024)
§ 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; 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.
§ 11-27 Jurisdiction.
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)
11-28 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; Ord. 1925, 7/15/2024)