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3. Ordinance 1669 - Certificate of Occupancy - 2nd ReadingPUNNING FOIL THE FVIVRE REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Jane Howington, City Manager Planning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fag: (406) 758-7739 www.kalispell.com/planning SUBJECT: Second Reading - Ordinance 1669 requiring Residential Certificate of Occupancy MEETING DATE: October 5, 2009 BACKGROUND: This is the second reading on an ordinance that makes occupancy of a new residential unit without the issuance of a C/O a civil infraction. This ordinance will work hand in hand with the new locking water meter valve that the city will begin to issue with new residential water meters next month. The Kalispell City Council approved the first reading of the ordinance at their regular meeting of September 21, 2009. RECOMMENDATION: A motion to approve the second reading of ordinance 1669 would be in order. FISCAL EFFECTS: Minor positive impacts as it will insure new residential units receive the necessary final inspections and correspondingly get on the tax rolls. ALTERNATIVES: As suggested by the city council. Respectfully submitted, Thomas R. Jentz Director c: Theresa White, Kalispell City Clerk Jane Howington City Manager AN ORDINANCE TO REQUIRE A CERTIFICATE OF OCCUPANCY PERMIT PRIOR TO OCCUPANCY OF NEW RESIDENTIAL CONSTRUCTION WITHIN THE CITY OF KALISPELL, MAKING THE VIOLATION OF SUCH A CIVIL INFRACTION, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Kalispell has adopted the International Residential Code (IRC), 2006 Edition, as amended by the Administrative Rules of Montana as its residential building code, which code requires the issuance of and possession of a certificate of occupancy permit prior to actual occupancy of new construction; and WHEREAS, it is the intention of the Council of the City of Kalispell that the certificate of occupancy requirement apply to all new residential construction within the City of Kalispell; and WHEREAS, it is also necessary that the City be able to enforce its requirement for a certificate of occupancy and that it is in the best interests of the City and its residents that the violation of failing to obtain a certificate of occupancy for new residential construction be prosecuted as a civil infraction. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AS FOLLOWS: SECTION I. No new residential construction within the City of Kalispell shall be occupied until a certificate of occupancy permit has been obtained from the City of Kalispell Building Department. SECTION II. Failure to obtain a certificate of occupancy permit from the City of Kalispell Building Department prior to occupying new residential construction within the City of Kalispell shall be deemed a civil infraction and prosecuted by the City pursuant to KCC 1-11 through KCC 1-17. SECTION III. This Ordinance shall take effect from and after 30 days of its passage on second reading by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL THIS 5TH DAY OF OCTOBER, 2009. ATTEST: Theresa White City Clerk Pamela B. Kennedy Mayor