3. Ordinance 1666 - Civil Infraction - Community Decay - 2nd ReadingCharles A. Harball
City Attorney
City of Kalispell
Office of City Attorney
312 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
MEMORANDUM
TO: Mayor Pamela B. Kennedy
and Kalispell City Council
FROM: Charles Harball, City Attorney
Myrt Webb, Interim City Manager
Tel 406.758.7708
Fax 406.758.7771
charballC lcalispell.com
SUBJECT: Ordinance No. 1666 — Community Decay Issues to
Become a Civil Infraction — 2nd Reading
MEETING DATE: July 20, 2009 — Regular City Council Meeting
BACKGROUND: Pursuant to Kalispell City Codes 10-9, 11-17, 11-28 and 19-36
individuals who keep combustible debris, noxious weeds, junk vehicles or otherwise
maintain a community decay within the City of Kalispell are criminally liable for
the commission of a misdemeanor. In practice, the issuance of or the threat of
issuing a misdemeanor citation and prosecuting such for the above described
offenses has not proven to be an effective deterrent or remedy to the transgressions.
The effect of decriminalizing the above named offenses and citing them as civil
infractions will be to give the City a better process to address the problems in the
civil division of Municipal Court where abatement and a wider variety of
appropriate remedies can be explored.
RECOMMENDATION: That City Council move, pass and approve Ordinance No.
1666 on second reading.
FISCAL IMPACTS: This ordinance is not anticipated to have any significant
fiscal impacts and should improve the enforcement process of these community
issues.
Respectfully submitte ,
(ill--
Charles Harball, City Attorney
17
Myrt ebb, Interim City Manager
ORDINANCE NO.1666
AN ORDINANCE AMENDING KALISPELL CITY CODES 10-9, 11-17, 11-28 AND 19-36
TO DECRIMINALIZE THE ENUMERATED VIOLATIONS REGARDING THE
KEEPING OF COMBUSTIBLE DEBRIS UPON PREMISES, THE KEEPING OF
NOXIOUS WEEDS UPON PREMISES, THE MAINTAINING OF COMMUNITY
DECAY UPON PREMISES AND THE KEEPING OF JUNK VEHICLES UPON
PREMISES, MAKING SUCH VIOLATIONS CIVIL INFRACTIONS AND DECLARING
AN EFFECTIVE DATE.
WHEREAS, pursuant to Kalispell City Codes 10-9, 11-17, 11-28 and 19-36 individuals who
keep combustible debris, noxious weeds, junk vehicles or otherwise maintain a
community decay within the City of Kalispell are criminally liable for the
commission of a misdemeanor; and
WHEREAS, in practice, the issuance of or the threat of issuing a misdemeanor citation and
prosecuting such for the above described offenses in the City of Kalispell has not
proven to be an effective deterrent or remedy to the transgressions; and
WHEREAS, the effect of decriminalizing the above named offenses and citing them as civil
infractions will be to give the City a better process to address the problems in the
civil division of Municipal Court where abatement and a wider variety of
appropriate remedies can be explored.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA,
AS FOLLOWS:
SECTION 1 Kalispell City Code 10-9 is hereby amended to read as follows:
10-9 Procedure Upon Failure of Property Owner.
If the owner, his or her representative or contract purchaser, or the occupant of any real
property in the City shall, within ten (10) days after having been given written notice to
do so by the City Fire Ch City Planning Director or his designee, fail or refuse to
remove therefrom all dry grasses, or readily combustible rubbish or debris, or after July
1st, remove any grasses or weeds over eight inches (8") in height,
the eest of s,,,.�., r� ' � able .,d stfat � h e he or she shall be
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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.
SECTION 2 Kalispell City Code 11-17 is hereby amended to read as follows:
11-17 Regulations Governing Growth Upon Private Premises.
A. Duty to Remove: It shall be the duty of any person owning, occupying or having
control of any land or premises within the City, knowingly permitting any of the thistle or
weeds described in Section 11-15 of this article to grow upon such land or premises
owned or occupied by him or her or under his or her control, shall be .deemed guilty of
supper-ting and maintain," , --mon nuisanee-, and, upon eonvietion thereof-, ;;-h
offense.punished as Pf--,.-,- ... S—tion 1 9 f this Code; pfovided, fufthef, that f6f eaeh twefit�-
fauf (24) heur-s that any owfief, oecupant of agefit shall permit aiiy of the thistles of
weeds desefibed ifi Seetion 11 15 of this aftiele t n such land of pfemises
to,
upon receiving notice from the City Planning Director or his designee, eradicate such
noxious weeds. Upon failure to do so, the person owning occupying or having- control of
the land or premises 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.
NEW
~11,11
:-
SECTION 3 Kalispell City Code 11-28 is hereby amended to read as follows:
11-28 Penalty.
Anv person eofiv efed of the of -ense of maintaining community decay under this article is
guilty of a misdemeanof punishable by a fine not to exeeed five hundfed dellafs-
`y✓vv.vvJ y�,,, of by both fine a
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.
SECTION 4 Kalispell City Code 19-36 is hereby amended to read as follows:
19-36 Junk Vehicles on Private Property.
G. Violation; Nuisance: Any violation of this section shall eons tute a
as provided in Seetion 1 9 of this Code -.-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.
SECTION 5 This Ordinance shall be effective thirty (30) days from and after the date of
its final passage and approval.
PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS 20TH DAY OF JULY, 2009.
Pamela B. Kennedy
Mayor
ATTEST:
Theresa White
City Clerk