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2. Ordinance 1669 - Certificate of Occupancy - 1st ReadingPlanning Department 201 1" Avenue East Kalispell, MT 59901 Phone: (406) 758-7940 Fax: (406) 758-7739 www.kalispell.com/planning REPORT TO: Kalispell Mayor and City Council FROM: Tom Jentz, Director Jane Howington, City Manager SUBJECT: Ordinance 1669 requiring Residential Certificate of Occupancy prior to occupancy MEETING DATE: September 21, 2009 BACKGROUND: The city council, at the September 8 council work session directed staff to pursue a formal Certificate of Occupancy (C/O) program for new residential construction. At that meeting staff had presented a lockable water meter valve that would limit water flows during new construction. Upon the issuance of a C/O by the Building Department at the end of construction, the lock on the water meter would be removed and full water flow established. While this is a very real deterrent to new residential construction being occupied prior to the issuance of a C/O, staff indicated that they also wanted to come before the council with an ordinance which required the issuance of a C/O prior to occupancy of residential construction as well. That ordinance is attached for your review. The ordinance makes occupancy of a new residential unit without the issuance of a C/O a civil infraction. Recommended actions: Adopt ordinance 1669 making the occupancy of a residence or residential unit (new construction) without a C/O a civil infraction. 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 Tie OCCUPANCY OF NEW RESIDENTIALr �; KALISPELL, OF SUCH A CIVIL INFRACTION,1. 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-I I 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