2. Certificate of Occupancy and Drainage IssuesREPORT TO: Kalispell Mayor and City Council
FROM: Tom Jentz, Director
Myrt Webb, Interim City Manager
SUBJECT: Certificate of Occupancy (C/O) and Drainage Issues
MEETING DATE: Work Session - February 17, 2009
BACKGROUND: Almost 2 years ago city staff and the council held a series of
workshops to discuss the development of a certificate of occupancy (C/O) program.
Included in this process was a desire to get a better handle throughout the city on how
we manage individual storm water run-off and ground water impacts in new
residential subdivisions. In addition, there is a growing concern at the staff level that
many structures are not getting on the tax rolls in a timely fashion as we have no
formal C/O program to trigger this event. Note that Doug Connors, Public Works
Department, estimates that at least 50 completed residences did not get on this year's
tax rolls. This conservatively equates to $15,000 in lost city tax revenue for this year.
At the last workshop the city council directed staff to continue to develop a C/O
program for all new residential and commercial construction. The focus was a
program that could be reasonably implemented and enforced and which brought
together all the existing codes relative to construction of the building. This would
include building code issues, site drainage, sidewalk work, boulevard improvements,
landscaping, etc. It was understood that those issues considered "life and safety"
would be required to be completed prior to the issuance of a C/O. All other issues not
completed at the time a C/O is requested could be addressed through a bond or other
financial security insuring that the required work would be completed in a timely
fashion.
Below is a list of the staff recommendations that need to come together in a unified
package to ensure that our future residents will be safer from life -safety issues and
ground water intrusion and assured that the structures being built in this city do
comply with all our codes. Note: Please find attached to this memo an appendix which
includes a more thorough discussion of each recommendation and the alternatives
that city staff researched in this process.
Recommended actions:
City Council should direct staff to amend the city subdivision regulations
adding a new Section 3:23 which would require the submission of detailed
ground water information to be used to determine if lots in a proposed
subdivision are suitable or appropriate for basement, crawl space or only slab
on grade foundations based on the depth of ground water.
2. Building Department will add an additional inspection to their program
conducting a separate inspection of foundation drains and damp proofing of
basement walls. Since January, 2008 the department has been notifying
builders as they submit plans that such inspections will be required in the near
future.
3. Require the builder/owner on each lot to maintain the grades of their lot in
conformance to the approved drainage plan that was submitted at final plat. As
part of the Certificate of Occupancy process, the building inspector will ask for
a certification from the builder/owner that their lot grading complies with the
specific grades from the approved drainage plan.
4. Implement and enforce a C/O program, as required by the city building codes
program, to ensure that all residential and commercial construction and final
lot grading conforms to city plans and specifications.
a. As the recommended enforcement mechanism, staff recommends that
the city issue a water meter with a locking valve. The meter would leave
city hall locked shut. At time of issuance of C/O, the building inspector
would remove the lock from the meter and turn water on. Thus, water
becomes the controlling mechanism.
b. Note: The issuance of the C/O would be linked to health/safety issues.
If sidewalks, landscaping, driveway paving, drainage issues and or other
non -life safety issues are not installed at the time of C/O, the contractor
could bond for the work to be completed at a later time.
Respectfully submitted,
Thomas R. Jentz tr5t. Webb
Director Interim City Manager
Attachment: Background Report
c: Theresa White, Kalispell City Clerk