4. Ordinance 1330 - Noxious Weeds - 1st ReadingREPORT TO: Honorable Mayor and City Council
FROM: Chris A. Kukulski, City Manager
Ted Waggener, Fire Chief
SUBJECT: Ordinance 1330 - Cost Recovery for the Removal of Tall Grasses, 1"Reading
MEETING DATE: July 19, 1999
BACKGROUND: The attached ordinance amends Ordinance 887. Amendments to the ordinance
are provided on the attached red -line strike -out copy. Ordinance number 1331 is in regard to the
removal of tall grasses, rubbish and debris which create a fire hazard within the city. Two topics
within the ordinance are in need of updating.
First, the current ordinance states that "after July 1 of each year all weeds and grasses over eight
inches in height constitute a fire hazard." We believe that the July 1 date should be removed from
the ordinance as tall grasses can constitute a fire hazard prior to July 1. Secondly, an assessment of
$45.00 per hour will be charged to the property owner. This figure is outdated. The city commonly
pays upwards of $75.00 per hour for these services. I believe the intent of this section of the
ordinance is for the city to recoup the cost associated with the violation. Therefor, we are
recommending the assessment not include an actual number and rather be equal to the cost the city
pays the contractor plus one hour to cover administrative cost. The administrative fee helps to cover
our cost associated with the Fire Marshall's time and hopefully discourages property owners from
using the city as a lawn mowing contractor.
Post Office Box 190geKiliSoll, Montana 59903-1997
Telephone (406) 758-7700 • FAX (406) 758-7758
RECOMMENDATION: A motion should be made and approved regarding the attached
Ordinance 1330 pertaining to cost recovery for the removal of tall grasses.
FISCAL EFFECTS: Small increase in revenue will offset our administrative cost.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Chris A. Kukulski
City Manager
Ted Waggener
Fire Chief
Page 2 of 2
Report compiled July 16, 1999
ORDINANCE NO. 1330
AN ORDINANCE AMENDING ORDINANCE NO. 887, SECTIONS 10-8 AND 10-9 OF
THE KALISPELL CITY CODE, TO PROVIDE FOR RESPONSIBILITY OF THE
OWNER, HIS REPRESENTATIVE OR CONTRACT PURCHASER OR THE OCCUPANT OF
REAL PROPERTY WITHIN THE CITY TO REMOVE FIRE HAZARDS THEREFROM AND
TO BE LIABLE FOR COSTS OF REMOVAL THEREOF IF SUCH PERSON FAILS TO
REMOVE SAME AFTER THE WRITTEN NOTICE, AND ESTABLISHING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
MONTANA AS FOLLOWS:
SECTION I. Section 10-8, Kalispell City Code is hereby
amended to hereafter provide as follows:
"Section 10-8. Removal of Fire Hazards from
Private Property Required.
It shall be the duty of the owner, his
representative or contract purchaser, or the
occupant of real property within the City to
remove all dry grass, readily combustible
rubbish or debris from said property so that
such material shall not constitute a fire
hazard and, —after- :I:�ily -1 of eTaeh yeame all
weeds and grasses over eight inches in height
constitute a fire hazard for the purpose of
this Section."
SECTION II. Section 10-9, Kalispell City Code, is hereby
amended to hereafter provide as follows:
"Section 10-9. Procedure upon Failure of
Property Owner.
If the owner, his representative or contract
purchaser, or the occupant of any real
property in the City shall, within 10 -3 days
after having been given written notice to do
so by the City Fire Chief, fail or refuse to
remove therefrom all dry grasses, or readily
combustible rubbish or debris, or after ?any
remove any grasses or weeds over eight
inches in height, the City Manager Mayer is
hereby authorized to remove such material,
weeds or grasses and charge such person with
the cost of such removal. There will be
assessed an administrative fee of one hour of
SECTION III.
mowing time Saeh ee.:s-ts shall be assessed at
thei=ate—ef ferty dellars ($eur,
��r-aetre�here-e-f .
All parts and portions of this Ordinance not
amended hereby shall remain the same.
SECTION IV. This Ordinance shall take effect thirty (30)
days from and after its passage by the City
Council.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF KALISPELL,
AND SIGNED BY THE MAYOR THIS DAY OF AUGUST, 1999.
Wm. E. Boharski
Mayor
Attest:
Theresa White
City Clerk
H:\attsect\wp\ord\1331 weeds.wpd
ORDINANCE NO. 881
AN ORDIi--,'ANCE TO AMEND ORDINANCES 10-8 AND 10-9, KALISPELT, CITY
CODE, TO PROVIDE FOR RESPONSIBILITY OF THE 01r7NER, DIS R1.PRESEIgr.['X1` -.FV.0
OR CONTRACT PURCHASER OR TFIE OCCUPANT OF REAL PROPERTY 1,7IT1iIiq T1iI:
CITE' TO REMOVE FIRE IIAZARDS .TIIEREFROM AND TO BE LIABLE FOR COSTS
OF REMOVAL THEREOF BY CITY PERSONNEL IF SUCIi PERSON FAILS TO
REI•IOVE SAME AFTER WRITTEN NOTICE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, 1110Nr1VANA,
21 C Fnr T.O*.1 C -
SECTION 1. Section 10-8, Kalispell City Code, is hereby amended to
:'1— -- .:� to pi .7'v' , C�.: .►:. follos'+'S :
"Section 10-8. Removal of fire hazards from private pro*oerty
Required.
it shall` be '.the duty of the owner; his repxe'sentat:ive- or
contract purchaser, or the occupant of zeal property t•;ithin
the city to remove all dry grass, readily combustible rubbish
or debris from said property so that such mate ial shall not:
constitute a fire hazard and, after July 1 of each year all
deeds and grasses over eight inches in height constitute a fire
hazard for the purpose of this section."
SECTION 2. Section 10-9, Kalispell City Code, is hereby amencicej to
hereafter provide *as follows:
"Section 10-9. Procedure upon failure of
owner . -
If the owner, his representative r contract turchaser,
or the occupant of any .real property i the .city shall,
within S days�ter having been given written notice to do
so by the City Fire Chief, fail or re .use to remove therefrom
all dry grasses, or readil ,combusti • le rubbish or debris, or,
after July 1, remove any rasses or weeds over. eight: inches in
height, the Mayor i ereby yP thorized to remove such
•':-material, yeeds or grass and arge such person with the
�.
costs of uch removal. Such ,liseits shall be assessed at the
f Forty dollars $40..00) per hour, or fraction thereof."
C r: r , .T r jT - T� r T
. . l 1Sc,r.D -.k -�L HE CT, rY COU `C:CT� )F TH., CITY OF KALISPELA. I•IOI\ANA, T\\ll
-
11PI'1:OV) :D BY!�2iY:'rF3R -� `111 s: 6Ti! DAY OF FE RU dtt , 1977.
A-ITES!':
G.
L. 11app, May
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