4. Ordinance 1581 - Decay, Junk Vehicle, and Weeds Abatement Ordinance - 1st ReadingCity of Kalispell
Post Office Box 1997 - Kalispell, Montana 5 3- 7 - Telephone 4 6 758-7000 Fax - 5 -7758
REPORT TO: Honorable Mayor and City Council
ROM& Tom Je tt, Planning Director
James H. Patrick, City Manager
SUBJECT: Junk vehicle Ordinance
MEETING DATE: July 1. , 006
BACKGROUND: The junk vehicle ordinance has been enforced by the Police Department
until the City"s new Code Enforcement Officer took over the program last summer. The
ordinance reeds to be amended to reflect the change by placing responsibility with the City
Manager or .his designee (which will be the Code Enforcement Officer).
The ordinance also contains a number of other updates. The most significant change
involves a provision which has hampered enforcement in the field. An exception presently
allows a junk vehicle to be unshielded for periods up to 60 days if it is being repaired and does
not have any "major" parts missing. The proposed modification essentially eliminates the
requirement that ``major" parts be missing,, which creates interpretation problems in practice.
Other updates include 1. adding definitions which reflect definitions contained in state
statues; (2) eliminating the exception for auto and body shops, blacksmiths, machinery shops,
and similar establishments; and 3 aligning the enforcement process with the decay ordinance.
RECOMMENDATION: Staff recommends that the Council move to adopt the ordinance.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
n
Torn Jert es .H. atr
Planning Director City Manager
Report compiled June 16, 2006
REPORT
FROM:
SUBJECT*
City of Kalispell
Post Office Box 1997 -- Kalispell, Montana 9 -1997 - Telephone 7 8-7 0 - 40 758-7758
Honorable Mayor and City Council
Tom Jentz, Planning Director
James H. Patrick, City Manager
Weed/grass ordinance
MEETING DATE: July 1. , 200
BACKGROUND: Currently, Sections 10-8 and 10-9 of the Kalispell City Code require that
property owners remove dry grass, rubbish or debris if it constitutes a fire bazard. The sections
s cificall deem all weeds and grasses in excess of eight x c s In height to b a fire hazard
after July 1. of each year.
Historically, the Fire Department has enforced these provisions. over the last year, the
C1 y's new Code Enforcement officer has n ertaken the enforcement of the ordinance.
The proposed amendment to the ordinance formalizes the change by removing the fire
chief from the text and placing responsibility with the City manager or his designee(which will
be the Code Enforcement officer). Section. 1.0-9 is also reworded for readability.
RECOMMENDATION.: Staff recommends that the Council. move to adopt the ordinance.
ALTERNATIVES: As suggested by the Council.
Respectfully submitted,
Tom. Jentz ames H.. atrlc
Planning Dit etor City Manager
Report compiled June 16, 2006
REPORT TO:
FROM*
SUBJECT:
City of Kalispell
Post Office o 1 - Kalispell, Montana ' -1 - Telephone 0 7 - Fax - 5 - ' 5
Honorable Mayor and City Council
Tom Jentz, Planning Director
James H. Patrick, City Manager
Community Decay Ordinance
MEETING DATE: July 17, 2006
BACKGROUND: The decay ordinance has been enforced by the Police Department until the
Cit y"s new Code Enforcement Officer took over the program last summer. mer. The ordinance needs
to be amended to reflect the change by placing responsibility with the City Manager or his
designee which will he the Code Enforcement officer).
The proposed ordinance also contains other updates, which include amending
g
definitions to better reflect definitions contained in Mate statutes; 2 eliminating the exception
for the -use of plastic tarps and corrugated metal as shielding materials; and 3 aligning the
eforcert process with the junk vehicle ordinance.
RECOMMEN * I N: Staff recommends that the Council move to adopt the ordinance.
ALTERNATIVES.- As suggested by the Council.
Respectfully submitted,
Tom Jentz James H. ' .trick
Planning Director City Manager
Report compiled June 16,2006
ORDINANCE No. 1581
AN ORDINANCE AMENDING PORTIONS of CHAPTERS 101 11 AND 19 of THE
KALISPELL MUNICIPAL CODE RELATING TO THE REGULATION of JUNK
VEHICLES, COMBUSTIBLE WEEDS AND GRASSES AND COMMUNITY DECAY
,AND DECLARING AN EFFECTIVE DATE,
BE IT ORDAINEDY THE CITY COUNCIL of THE CITY OF KALISPELL, M NTANA,
AS FOLLOWS.
SECTION I Chapter 19 Section 36 of the Kalispell Municipal Code shall be and i
hereby amended to read as follows:
ICED19
.I�� VEHICLES N PRIVATE . �. ER Y;
A.Definitions:
1. "Com oner t part" means anv identifiable vart of a discarded, ruined. wrecked
r dismantled motor vehicle including ut not limited to fenders doom hoods
eligine blocksniotor parts, trans .i sio . frames axles wheels, tires and
a ser er compartment fixtures.
2. `gunk Vehicle" means a discarded ruined vreeked or dismantled motor
vehicle diny, componentparts)..that is inoperative or iable of being
driven.
3. "Public View" means a poi within the public ri lit-� -wa rprivate road
or allev, from which junk vehicles can be seer.
. "Reasonable Diligence," mean a er d of less than ixt o days.
. "Shielding" means the construction or use of fencing or..manmade anmade or natural
barriers to conceal +iunk vehicles froapublic view. The use of plastic tams does
not eontit to shielding under this section.
A .Unlawful; : No w vehicle r a � ��
eorr onent� shall he placed on or
allowed to .remain on any premises in the city exposed to the public view,
C. Exec tion This section shall not be construed to prevent any occupant of any
premises from repain*ng his motor vehicle r ffl , %kd- -1L �, W on his premises even though
exposed to public view, as long as he pursues his work to completion with reasonable
dliere. .
. Responsibility For violation: The occupant of any premises shall be responsible for
any violation of this section; the head of the household shall be deerned to be the
occupant. In the case of vacant or unoccupied premises, the owner thereof shall be
responsible for any violation of this section.
r—'P. wrecking and Junkyards: This section shall apply to all automobile wrecking and
+ junkyards, except to the extent permitted in industrial districts by the zoning chapter.
-DF. Inspection; Notice Of violation: It shall be the duty of therahipfaX
manager or his de si to inspect the city at reasonable intervals and cause written
notice of any violation of this section to be given to the occupant of any premises or to
the owner of unoccupied premises which are in violation of this section, who shall have
ten 1 days after the service of such notice within which to comply with this section.
The notice may be personally served on the head of such household, or owner if the
premises are unoccupied, or may he seared by registered mail addressed to the head of
such household, or owner of unoccupied premises, at his address on such premises, or at
such other address as he may personally reside.
-EG { violation; Nuisance: Any violation of this section shall constitute a nuisance which
may e abated as provided in section I 1-2 throu h I I -2 of this code
and the occupant or owner of such premises, upon conviction thereof, also he
punished as provided in section 1-9 of this code.
SECTION 11 Chapter 10 Section 9 of the Kalispell Municipal Code shall be and is
hereby amended to read as follows
10- - REMOVAL OF FIRE HAZARDS FROM PRIVATE PROPERTY REQUIRED:
It shall he 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 I of each year all weeds and gasses over eight inches " in height constitute a fire
hazard for the purposes of this section.
1 -: PROCEDURE URE UPON FAILURE OF PROPERTY oVvNER:
The cit mana er or his desi ee is hereby authorized to remove such material weeds or
grasses and charge such...person with the cost of such removal and a reasonable
administrative chggy e I if the owner, his representative or contract purchaser, or the
occupant of any real property in the city + +
fails or refuses within ten 10 da
after havin been given written notice to do so to - a to remove therefrom all dry grasses,
or readily combustible rubbish or debris, or 021 after July 1, to remove any gasses or
weeds over eight inches " in height.
f { y
1
SECTION III Chapter I i of the Kalispell Municipal Code shall be and is hereby
amended as follows:
11-22: PURPOSE:
The pose of this article is to regulate, control, and prohibit conditions that contribute
o community decay on or adjacent to all public streets within the city of Kalispell.
1 1 -23 : DEFINITIONS:
hi this article the following terms have the meanings indicated below:
COMMUNITY DECAY: A public nuisance created by allowing rubble, debris, junk or
refuse to accumulate resulting in conditions that are injun*ous to health, indecent,
offensive to the senses, or obstruct the free use of property so as to interfere with the
comfortable enjoyment of life or property; provided, however, that "community decay"
may not be construed or defined to apply to normal farming, ranching, or other
agricultural facility, and any appurtenances thereof, during the course of its normal
operation or normal activities at a. shooting ran e.
IN PUBLIC VIEW: Any area visible from a a� point xah"up
.. . within the public fi ht-o wa or from a
private road or alley,
PERSON: An individual, firm., partnership, company, association, corporation, city,
town, county or any other entity whether organized for profit or not.
Condition which en dn ers
safer or health is offensive to the senses or obstructs the Free use o r err so a to
interfere with the comfortable enJoyMent of life or property by an. entire Comm nit or
neighborhood or by any considerable number of persons. The condition is no less a
nuisance although the extent of the annoyance or damage inflicted upon individuals may
be unequal.
SHIELDlNG:
It alp." :rAf_PxJQ 40
. The construction or use of fencing or
manmade or natural barriers to conceal community.decav from ubllc view. The use o
plastic toms does not constitute shieldin2 under this section.
11-24: PROHIBITION:
No person shall maintain %ed" � .
late-communityaeettf nfu . d on property owned b� irn., or under -
,
��
For purposes o this article, a public nuisance includes, but is not necessarily
Bruited to, any of the following conditions that exist within public viewn.
A. The dumping, piling, or stacking of bricks, concrete block, waste wood and similar
material on open lots or fields, unless said material is stacked in neat piles and all
waste materials from the cleaning of such items, such as mortar,, wood splinters,,
broken and unusable briefs, are removed;
B. The storage or accumulation of a significant amount of cardboard boxes, broken
packing boxes, paper, or other similar items on lots or fields;
C. The piling, dumping or depositing of any dirt, demolition wastes including wood,
bricks, concrete, used road blacktop and other similar materials on any open lots or
fields, unless such material is to be utilized for fill material to fill a land depression,
and provided that, if such material is used as fill material, all such material is
completely covered with clean fill material once every ten 1 days and the fill area
is adequately fenced to restct access to the area; and further provided that the
failure to comply with the periodic cover and access control requirements shall
constitute a violation of this article;
D. The storage and accumulation of iron, metal, component vehicle and machine parts.,
junk vehicles, household appliances, barrels and other salvaged metal items unless
such material is stored in an approved, licensed, and shielded rotor vehicle
wrecking facility;
L The accumulation and storage of any other rubble, debris, junk, or refuse that, upon
investigation, is deemed to be a "public nuisance" as defined in this article.
11-2 : SHIELDING:
The maintenance of materials that would be considered community
deca under this article shall be lawful if such materials are shielded from public view in
accordance with the following standards:
A. Any shielding must conform to all local zoning, planning, and building �
provisions and shall be of sufficient height that none of the
violation on the premises is visible to public view.
B. When fences are used for shielding, the boards may be spaced and/or slanted to
reduce wind load the space between boards when viewed from a broadside view
shall not be more than one and one-half inches 1 1 2" and the interval between
spaces shall not be less than seven and one-half inches 1 2" . Rough
dimensional lumber or better is acceptable. Chainlin.k fencing with standard
fiberglass or other inserts is acceptable, provided the gap between adjacent slats
does not exceed one and one-half inches 1 1 2"). The fencing is to be maintained
by the property owner or occupant in a neat and workmanlike e manner and shall be
replaced when. necessary.
C, Shielding with shrubs and trees shall provide a degree of shielding similar to that
produced by fencing at all tunes of the year. Dirt berms are acceptable for
shielding purposes, provided the berm slopes are graded smooth and seeded with an
adequate grass seed formula.
D. Other types of fencing of equivalent permanence, attractiveness, and shielding
Inallidinex _mt are also acceptable.
E. The use of plastic taKps does not constitute shielding under this section.
F. No more than one of the approved shielding materials shall be used on any one side
of a shielding fence.
11-26: ABATEMENT:
In addition to proceedings under Chapter....Chgpter....1 Article 1 of the Kalispell City Code T the
abatement of conditions which constitute communitydeca prohibited
by this article be accomplished under the provisions of this section.
A. The city of Kalispell Cit 11ana er or his desigLiee shall be
responsible for initiating abatement proceedings.
B. When the �t Cana er or hisdesi ee receives a complaint that a
condition of community decay exists, he, or his agent, shall inspect the property
alleged to be in violation of this article to determine whether there is a violation of
this article.
C. 1 he determines that there is a violation o this article, the � �. its
Man a er or his desi nee shall notify the owner of the property in writing of the
violation by certified nail and order its abatement within thirty 30 days. The
notice of violation shall:
1. Include a statement specifically describing the violation;
2. Specify that the owner has thirty days from receipt of such notice to bring the
property into compliance with this article by means of removal or shielding of the
conditions; an
3. Advise the owner that if the violation is not abated, the city may undertake
abatement and assess the costs of that abatement to the owner.
D. The owner may, after receipt of the notice of violation, submit a plan of abatement
to the City Mana er or his desi ee which shall include;
1. The type of abatement or shielding to be undertaken;
. The date for commencement of action; and
3. The date for completion of the abatement.
TheCity Mana er or his desi ee may accept such plan and defer further
proceedings under this article pending the date of completion of the abatement.
E. In the alterative, the owner may, within fourteen 1 days of the date of issuance
of order, appeal the abatement order .afthia pitu
City Man Upon receipt of a timely notice of appeal, the eeiin CityManagLer
shall schedule a hean'ng within twenty (20) days, but may postpone that hearing at
the request of either party. Following the hearing, the City .Manager may
e.t er;
1. Determine that a violation exists and order abatement within thirty 3) days; or
2. Determine that no violation exists and dismiss the proceedings.
F. In the event that the owner fails to comply with are abatement order, or are
abatement plan approved by the City Manager or his desigLiee under
subsection of this section, the i ffi
City Manager or
his designee may enter upon the owner's property with the specific purpose of
abating or shielding the violation, whichever the peAkelta eshieaef City Mara er or his
desiee deems appropriate:
. The city may assess the property owner/user for the actual costs of the
abatemet.11.
2. If the assessment is not paid, it shall become a lien upon the property and
enforced as in nonpayment of property taxes.
11-2 : JURISDICTION. -
This article applies to all of the city limits of the city of Kalispell.
11-28: PENALTY:
person convicted of the offense of maintainingeoMrnu ity decay
under this article is guilty of a misdemeanor punishable by a fine not to exceed five
hundred dollars $ o . o or imprisonment not to exceed six months, or by both fine
and imprisonment.
SECTION IV This Ordinance shall be effective thirty 3 days from and after the slate
of its final passage and approval.
PASSED ,AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR
THIS DAY of JULY, Zoo .
Pamela B. Kennedy
Mayor
Attest:
Theresa White
City Clerk
9.35V A-ftw
JUNK VEHICLES ONPRIVATE
PROPERTY:
A. Definitions*
1. "Component part" means any identifi i part of a discarded, ruined,
wrecked, or dismantled motor vehicle, including but not limited t
fenders, doers, hoods, engine blocks, motor parts, transmissions,
frames, axles, wheels, tires, and passenger compartment fixtures,
2. "Junk Vehicle" means a discarded, ruined, wrecked, or dismantled
motor vehicle (including component parts) that is inoperative or
incapable of being driven.
3. "Public view's means any point within the public right-of-way, or
private road or alley, from which junk vehicles can be seen*
. "Reasonable Diligence" means a period of less than sixty 6 days.
5. "Shielding" means the construction or use of fencing or manmade or
natural barriers to conceal junk vehicles from public view. The use of
plastic tarps does not constitute shielding under this section*
. Unlawful; cueganflen. :No junk v hi c le o r
# component part
shall be placed on or allowed t remain any premises in the city exposed
t the public vier}-a-unant ac
C.Exception: This section shall not be construed to prevent any occupant of
any promises from repairing his motor vehicle n his premises
even though exposed to public view, as long as he pursues his work t
completion with reasonable diligence)* nnu .
* F ` i ZI
rr Y +
J I #
k i y k
} F t # E i t QhQ11 hQ CIMMMOCI ta him p F nn a
a
13, Responsibility For violation: The occupant of any promises shall be
responsible for any violation of this section; the head of the household shall
be deemed to be the occupant. In the case of vacant or unoccupied premises,
the owner thereof shall be responsible for any violation of this section.
GE. Wrecking And Junkyards: This section shah apply to all automobile wrecking
and junkyards, except to the extent permitted in industrial districts by the
zoning chapter.
I nsp ct on; Notice of Violation: it sh l I b the duty of thecity
Manager or his designee to inspect the city at reasonable intervals and
cause written notice of any violation of this section to be given to the occupant
of any premises or to the owner of unoccupied premises which are in violation
of this section, who stall have tarp o days after the service of such notice
within which to comply with this section. The notice may be personally served
on the head of such household, or owner if the premises are unoccupied, or
may be served by registered nail addressed to the head of such household,
or owner of unoccupied premises, at hs address on such premises, or at
such other address as he may personally reside.
- G. Violation; Nuisance: Any violation of this section shall constitute a nuisance
which may be abated as provided ire �#i 1 -26 through
11 -2 F� of this code, and the occupant or owner of such promises, upon
conviction thereof, may also be punished as provided in section 1-9 of
this code. (Ord. 622 §§ 21 3
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 purposes of this section.
(Ord. 522, 1-3-2oo5
10-9: PROCEDURE UPON FAILURE OF PROPERTY OWNER:
The city manager or his designee 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 4 if the owner, his
representative or contract purchaser, or the occupant of any real property in the
city
fails or refuses within ten days after having been given
written notice to do so to=a to remove therefrom all dry grasses, or readily
combustible rubbish or debris, or h after July 1 , to remove any grasses or
weeds over eight inches " in height.
(Ord.
1 22 � 1-3-2005
11-22: PURPOSE:
The purpose of this article is to regulate, control, and prohibit conditions that
contribute to community decay on or adjacent to all public streets within the city
of Kalispell. (Ord. 1164, 1- 9-19 o
11-23: DEFINITIONS:
In this article the following terms have the meanings indicated below:
COMMUNITY DECAL; A public nuisance created by allowing rubble, debris, junk
or refuse to accumulate resulting in conditions that are injurious to health,
indecent, offensive to the senses, or obstruct the free use of property so as to
interfere with the comfortable enjoyment of life or property; provided, however,
that "community decay" may not be construed or defined to apply to normal
farming, ranching, or other agricultural facility, and any appurtenances thereof,
during the course of Its normal operation or normal activities at a shooting
range.
LlC V I EW: An y area vill bI e frorn a any polr t
. within the public
right-of-way, or from a private road or alley.
PERSON: An individual, firm, partnership, company, association, corporation,
city, town, county or any other entity whether organized for profit or not.
PUBLIC NUISANCE: A
condition
which endangers safety or health, is offensive to the senses, or obstructs
the tree use of property so as to Interfere with the comfortable enjoyment
of life or property by an entire community or neighborhood or by any
considerable number of persons. The conditions no less a nuisance
although the extent of the annoyance or damage inflicted upon individuals may
be unequal.
M r The construction or use of
fencing or manmade or natural barriers to conceal community decay from
public view. The use of plastic tarps does not constitute shielding under
this section.
(Ord. 116 , 1 -1 -1990
11-24: PROHIBITION:
o person shall maintain
Irmh wig inns linta community decay on property owned by him, or under his
control #I rrim that-ar.
f ■ i
i � !
i
. For purposes of this article, a public
nuisance includes, but is not necessarily limited to, any of the following
conditions that exist within public view:
A. The dumping, ping, piling, or stacking of bricks, concrete blocks, waste wood and
similar material on open lots or fields, unless said material is stacked in neat
piles and all waste materials from the cleaning of such items, such as mortar,
wood splinters, broken and unusable bricks, are removed;
B. The storage or accumulation of a significant amount of cardboard boxes,
broken packing boxes, paper, or other similar items on lots or fields;
C. The piling, dumping or depositing of any dirt, demolition wastes including
wood, bricks, concrete, used road blacktop and other similar materials on any
open lots or fields, unless such material is to be utilized for fill material to fill a
land depression, and provided that, if such material is used as fill material, al
such material is completely covered with clean fill material once every tern
(10)days and the fill area, is adequately fenced to restrict access to the area;
and further provided that the failure to comply with the periodic cover and
access control requirements shall constitute a violation of this article;
D. The storage and accumulation of iron, metal, component vehicle and machine
parts, junk vehicles, household appliances, barrels and other salvaged metal
items, unless such material is stored in an approved, licensed, and shielded
motor vehicle wrecking facility;
E. The accumulation ulation and storage of any other rubble, debris, junk, or refuse that,
upon investigation, is deemed to be a "public nuisance]] as defined in this
article. (Ord, 1164, 11-1 -1990
11,,25: SHIELDING:
The maintenance of materials that would be considered i }
t Y
community decay under this article shall be lawful l if such materials are shielded
from public view in accordance with the following standards:
A. Any shielding must conform to all local zoning, planning, and building �
provisions and shall be of sufficient height that none of
the violation on the premises is visible to public view.
B. when fences are used for shielding, the boards may be spaced and/or
slanted to reduce wind load, the space between hoards when viewed from a
broadside view shall not be more than one and one-half inches 1 1 2" and
the Interval between spaces shall not be less than seven and one-half inches
(7 1 2" . Rough dimensional lumber or better is acceptable. Chain ink fencing
with standard fiberglass or other inserts is acceptable, provided the gap
between adjacent slats does not exceed one and one-half inches 1 1 211 .
The fencing is to be maintained by the property owner or occupant in a neat
and workmanlike manner and shall be replaced when necessary.
C. Shielding with shrubs and tram shall provide a degree of shielding similar to
that produced by fencing at all times of the year. Dirt berms are acceptable for
shielding purposes, provided the berm slopes are graded smooth and seeded
with an adequate grass seed formula.
D. other types of fencing of equivalent permanence, attractiveness, and
shielding qualities, ,nah , are also acceptable.
E* The use of plastic tarps does not constitute shielding under this section.
& F No more than one of the approved shielding materials shall be used on any
one side of a shielding fence. (Ord. 1164, 11-19-1990
11-26: ABATEMENT:
In addition to Proceedings under chapter 1 , Article I of the Kalispell city
Code, T the abatement of conditions which constitute
community decay prohibited by this article may be accomplished under
the provisions of this section,
A. The city of Kalispell city Manager or his designee shall he
responsible for initiating abatement proceedings.
B. When the city Manager or his designee receives a complaint
that a condition of community decay exists, he, or his agent, shall inspect the
property alleged to be in violation of this article to determine whether there is
a violation of this article.
C. if he determines that thaw is a violation of this article, the city
Manager or his designee shall notify the owner of the property in writing of
the violation by certified mail and order its abatement within thirty 3 days.
The notice of violation shall;
1. Include a statement specifically describing the violation;
2s Specify that the owner has thirty 3 days from receipt of such notice t
bring the property into compliance with this article by moans of removal or
shielding of the conditions; and
3. Advise the owner that if the violation is not abated, the city may undertake
abatement and assess the costs of that abatement to the owner.
DR The owner may, after receipt of the notice of violation, submit a plan of
abatement nt to the City Manager or his designee which shall
include:
1. The type of abatement or shielding to be undertaken;
2. The date for commencement of action; and
. The date for completion of the abatement.
The City Manager or iris designee may accept such plan and
defer further proceedings under this article pending the date of completion of
the abatement.
E. In the alternative, the owner may, within fourteen 1 days of the date of
issuance ace f the order, appeal the abatement order to the
City Manager. Upon receipt of a timely notice of appeal, the
eowne4 City Manager shall schedule a hearing within twenty 2 days, but
may postpone that hearing at the request of either party. Following the
hearing, the ' City Manager may either:
1. Determine that a violation exists and order abatement within thirty(30)
days; or
2. Determine that no violation exists and dismiss the proceedings.
F. In the event that the owner fails to comply with an abatement order, or an
abatement plan approved by the ne"em ehoofC iy Manager or h i s desig nee
under subsection of this section, the fit
Manager or his designee may eater upon the owner's property with the
spot fic purpose of abating or shielding the violation, whichever the y
City Manager or his designee deems appropriate:
1. The city may assess the property owner/user for the actual costs of the
abatement
2. if the assessment is not paid, it shall become a lien upon the property and
enforced as ire nonpayrn e r t of property taxes. rd, 1164, 11 -19- 90
11,,27: JURISDICTION:
This article applies to all of the city limits of the city of Kalispell. d. 11643 11
19-1990)
11,,28: PENALTY:
A Person convicted f the offense f ma nt i n i community
decay under this article is guilty f a misdemeanor punishable by a fire not t
exceed five hundred dollars $ r imprisonment not to exceed six (6)
months, or by both fine and imprisonment. (Ord. 1164, 11-19-1990)