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13. Ordinance 1330 - Fire Hazards - 2nd ReadingREPORT TO: FROM: SUBJECT: rL Honorable Mayor and City Council Chris A. Kukulski, City Manager Ted Waggener, Fire Chief Ordinance 1330 - Cost Recovery for the Removal of Tall Grasses, 2' Reading MEETING DATE: August 2, 1999 BACK GROUND: The attached ordinance amends Ordinance 887. Amendments to the ordinance are provided on the attached red -line strike -out copy. Ordinance number 1330 is in regard to the removal oftall grasses, rubbish and debris which create a fire hazard within the city. Changes to the ordinance have been made per the first reading held on July 19. The July 1 date has been left in place and the city manager will work with the Fire Department in order to determine a reasonable administrative fee. All other changes are as recommended by the staff prior to the first reading. 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 Ted Waggener City Manager Fire Chief Report compiled July 29,1999 Post Office Box 1997 - Kalispell, Montana 59903-1997 Telephone (406) 758-7700 - FAX (406) 758-7758 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. After July 1 of each year 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 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 July 1, remove any grasses or weeds over eight inches in height, the City Manager is hereby authorized to remove such material, weeds or grasses and charge such person with the cost of such removal and a reasonable administrative charge." SECTION III. SECTION IV. All parts and portions of this Ordinance not amended hereby shall remain the same. 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. Boharsk Mayor Attest: Theresa White City Clerk H:\attsect\wp\ord\1330 weeds.wpd