01/25/99 Neier/Floodplain ViolationON
Tim Stulc
Spring Creek Development, LLC
E. 608 Holland
Spokane, WA 99218-1255
January 25, 1999
RE: Floodplain violation/Hampton Inn, Kalispell, MT
Dear Mr. Stulc:
As you are aware, when the Kalispell Hampton Inn was constructed, a portion of the
development on the south side of the property was performed without the proper permits and in
violation of the floodplain ordinance. Subsequently, in 1997, floodplain development permit
applications were submitted to both Flathead County and the City of Kalispell. The County
denied the application on September 18, 1997, and ordered restoration of the floodplain and
floodway. On October 1, 1997, the City also denied the application via a letter concurring with
the County Floodplain Administrator. Enclosed with this letter is a formal denial by the City in
the form and manner requested by the Federal Emergency Management Agency.
To date, no restoration work has been completed. Well over a year has passed without
any indication that the problem will be corrected. The City is left with little choice but to require
that you restore the floodway to its original (pre -developed) state, including, but not necessarily
limited to, the removal of the fill, culvert, and any other encroachment. The restoration must be
completed prior to April 1, 1999. This action will require you to apply for and obtain a floodplain
development permit from both the City and County. If you do not fully comply with this
requirement, the City may take one or more of the following steps:
(1) File suit under the performance bond;
(2) Revoke the Certificate of Occupancy issued pursuant to the agreement between you
and the City which required resolution of the floodplain situation as part of the consideration for
issuance of the certificate; and
(3) Pursue criminal charges under Section 4.08 of the City of Kalispell Floodplain
Ordinance (Ordinance No. 1170), which makes violation of the ordinance a misdemeanor and
punishable by up to six months in jail and/or a $500 fine. Each day a violation continues is
considered a separate offense.
Post Office Box 1997 • Kalispell, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
Please contact both the City and County Floodplain Administrators immediately to begin
the permit process for restoration of the floodway.
Sincerely,
Glen Neier
City Attorney/Acting City Manager
cc: William Boharski, Mayor, City of Kalispell
Craig Kerzman, Building Official, City of Kalispell
Jim Hansz, Public Works Director, City of Kalispell
PJ Sorensen, Zoning Administrator, City of Kalispell
Eric Mulcahy, Flathead Regional Development Office, Flathead County
Karl Christians, Department of Natural Resources and Conservation, State of Montana
Virginia Motoyama, Senior Hazards Program Specialist, FEMA
Lee Kaufman, Kaufman, Vidal & Hileman, PC, Counsel for Ron Pack