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08. Ordinance 1396 - Amendment to Admin - Building Dept - 1st ReadingCity of Kalispell Post Otllce Box 1997 - Kalispell, Montana 59903-1997 - Telephone (406)758-7700 Fax(406)758-7758 REPORT TO: Honorable Mayor and City Council FROM: Chris A. Kukulski, City Manager SUBJECT: Ordinance 1396 Amending Ordinance 1166 Duties of the Community Development Director and Fire Chief MEETING DATE: September 4, 2001 BACKGROUND: The City of Kalispell's City Council and administration are guided by Ordinance 1166 which established an Administrative Code. During the July 16, 2001 Council workshop the Council directed me to bring forward several amendments to the Administrative Code. The attached amendment alters the duties of the Community Development Director and Fire Chief. Article VII Appointed Officers Section 2-5I Planning, Economic and Community Development Director b. Direct the inspection of buildings constructed -within the City'sjurisdictional area andadminister enforcement of the Uniform Building Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, and the CABO One & Two Family Dwelling Code; d Supervise the administration of the City of Kalispell Zoning Ordinance; The above listed duties were placed under the direction of the Fire Chief in 1999 and thus I would propose moving Article VII, Section 2-51 b and d to Article V11, Section 2-48 Fire Chief. This adjustment in responsibilities was done prior to hiring the current Community Development Director and is consistent with the fact the Code enforcement is a public safety function which works directly with the Fire Marshall. Page 1 of 2 Article VII Appointed Officers Section 2-51 Planning, Economic and Community Development Director e. Coordinate City activities involving planning including annexation and subdivisions; f. Inform and advise the manager on provisions and changes in the Kalispell City -County Master Plan. These planning functions are performed by the Flathead Regional Development Office which in 1999 were directed by myself to report directly to the City Manager rather than the Economic and Community Development Director. Therefor, I would suggest simply eliminating this language from the ordinance. The above listed changes to Section 2-51 would necessitate a change in title removing the reference to Planning. RECOMMENDATION: The City Council approve Ordinance 1396 on first reading. FISCAL EFFECTS: No fiscal effect. ALTERNATIVES: As suggested by the Council. Respectfully submitted, CSC A� Chris A. Kukulski laity Manager Report compiled August 14, 2001 Page 2 of 2 ORDINANCE NO. 1396 AN ORDINANCE AMENDING CHAPTER 2, ADMINISTRATION, KALISPELL MUNICIPAL CODE BY AMENDING ORDINANCE 1166, §§ 2-51 AND 2-48, CHANGING THE TITLE OF THE PLANNING, ECONOMIC AND COMMUNITY DEVELOPMENT DIRECTOR, REMOVING THE PLANNING AND MASTER PLAN FUNCTIONS FROM THE DUTIES OF SAID DIRECTOR; AND REMOVING THE BUILDING AND ZONING FUNCTIONS FROM THE DUTIES OF SAID DIRECTOR AND ASSIGNING THEM TO THE FIRE CHIEF; AND AUTHORIZING THE CITY ATTORNEY TO RECODIFY S 2-51 AND 2-48 IN ACCORDANCE WITH THIS ORDINANCE AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AS FOLLOWS: SECTION I. That Ordinance No. 1166, S 2-51(§ 2-51, Kalispell City Code) is hereby amended to read as follows: COMMUNITY DEVELOPMENT DIRECTOR The Plainting, all Community Development Director shall, subject to the charge and supervision of the Manager, be responsible for the following: A. Administer Urban Renewal Law: Administer and carry out the policies established by the Council pursuant to the urban renewal law; 1w �M- - B. Direct Rehabilitation: Direct the City's efforts to furnish assistance in the rehabilitation of private dwellings within the City; master_- a _, C. Administer Grant Programs: Administer the City's commercial loan and commercial rehabilitation grant programs and be responsible for City oversight of tax increment policy; D. Other Directed Activities: Undertake such other and further activity as may be directed by the Manager. SECTION II. That Ordinance No. 1166, § 2-48 (9 2-48, Kalispell City Code) is hereby amended to read as follows: FIRE CHIEF The Fire Chief shall, subject to the charge and direction of the Manager: A. Command, Control Department: Command and control all persons connected with the Fire Department; B. Responsible For Apparatus: Be responsible for the engines, ambulances and other apparatus and property of the City furnished to the Fire Department and see that said equipment is ready at all time for use in extinguishing fires and responding to emergencies; C. Authority Over Organization, Discipline: Have full authority over the Fire Department's organization, government and discipline and may establish disciplinary rules, subject to approval by the Council; D. Examine Premises: Examine the premises and occupancies listed in Montana Code Annotated title 50, chapter 61, of the Uniform Fire Code for violations of law or regulations and enter school buildings within the City once every twelve (12) months and other premises subject to law or regulation once every eighteen (18) months; E. Report To City Council: Report at least monthly to the City Council on the activities of the Fire Department for the preceding month; F. Direct Building Inspection; Enforce Codes: Direct the inspection of buildings constructed within the City's jurisdictional area and administer enforcement of the Uniform Building Code, the Uniform Plumbing Code, the Uniform Mechanical Code, the Uniform Code for the Abatement of Dangerous Buildings, the Uniform Housing Code, and the CABO One and Two Family Dwelling Code; G. Supervise Administration Of Zoning: Supervise the administration of the Zoning Chapter; H. Other Directed Activities: Undertake such other and further activities as may be directed by the Manager. SECTION III. That the City Attorney is hereby authorized and directed to recodify H 2-51 and 2-48, in accordance with this Ordinance. SECTION IV. This Ordinance shall take effect 30 days from and after its passage by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL AND SIGNED BY THE MAYOR OF THE CITY OF KALISPELL, THIS DAY OF , 2001. Wm. E. Boharski Mayor Attest: Theresa White City Clerk