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