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