Ordinance 778 - Prohibits Operation of Offensive or Unwholesome Establishment252
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ORDINANCE NO. 778
AN ORDINANCE TO PROVIDE FOR THE PROHIBITION OF THE OPERATION AND/OR
MAINTENANCE OF ANY OFFENSIVE AND/OR UNWHOLESOME ESTABLISHMENT WITHIN
THE CITY LIMITS OR WITHIN THREE MILES THEREOF; TO PROVIDE FOR THE
DEFINITION OF TERMS USED IN SAID ORDINANCE: TO PROVIDE FOR PROCEDURE
TO BE FOLLOWED BY THE MAYOR AND THE CITY COUNCIL IN RECEIVING COMP-
LAINTS OF VIOLATIONS OF SAID PROHIBITION, SCHEDULING A PUBLIC HEARING
OF SAID COMPLAINT, FOR PROVIDING NOTICE TIiEREOF TO THE PERSON CHARGED
WITH SUCH VIOLATION, FOR CONDUCTING SUCH PUBLIC HEARING AND MAKING A
FINDING ON THE MERITS OF SAID COMPLAINT; TO PROVIDE FOR NOTIFYING THE
PERSON CHARGED IN SAID COMPLAINT OF SUCH FINDING AND TO DISMISS SUCH
COMPLAINT OR TO ORDER THE REMOVAL OF SUCH OFFENSIVE AND/OR UNWHOLE-
SOME CONDITION OR TO CEASE OPERATING AND/OR MAINTAINING SUCH ESTAB-
LISIiMENT WITHIN THIRTY DAYS; PROVIDING FOR PUNISHMENT UNDER SECTION
#1-9, KALISPELL CITY CODE, FOR FAILURE TO COMPLY WITH THE NOTICE OF
FINDING AND ORDER OF THE COUNCIL; TO REPEAL ALL ORDINANCES, OR PARTS
THEREOF IN CONFLICT HEREWITH.
E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA
S FOLLOWS:
SECTION 1. As used in this Ordinance, the following definitions shall
apply:
OFFENSIVE shall mean any condition which is injurious and/or
o no�us because of noise, odor, vibration, smoke, gas, filth,
or unsightliness.
UNWHOLESOME :hall mean any condition that is injurious to health.
ESTABLISHMENT shall mean any parcel of land, house, garage, or
building w is is vacant or is used for the carrying on of a
business therein or as a residence.
NOTICE shall consist of personal service of the writing provided
o r upon any person entitled to notice hereunder, or the mailing
of same to him by certified or registered mail, the period of
said notice shall commence on the date of said personal service
or the date.pf said mailing.
SECTION 2. The operation, or maintenance of any offensive and/or un-
wholesome establishment within the city limits or within three (3)
miles thereof is prohibited.
SECTION 3. Upon complaint, in writing, being made to the Mayor and
City Council by any person or any officer of the city that any estab-
lishment within the city limits, or within three miles thereof, is
offensive and/or unwholesome, and good cause appearing therefore, the
Mayor and City Council shall notify in writing the owner or operator
or resident of said establishment of a public hearing to be held before
said Mayor and City Council within 30 days of the date of service of
said notice upon said owner and/or operator or resident. Said notice
shall state the time and place of said hearing. The Mayor and City
Council shall hold said public hearing at the time and place provided
in said notice and shall then and there receive evidence and testimony,
under oath, from the complainant and his witnesses as well as said
owner and/or operator or resident of said establishment and his
witnesses; at the termination of said hearing, or within a reasonable
time thereafter, the Mayor and City Council shall make a finding of
the merits of said complaint; if said finding is that said establish-
ment is offensive and/or unwholesome the owner and/or operator or
resident of said establishment shall be so notified in waiting and
shall be ordered to remove or correct the offensive and/or unwholesome
condition existing thereon or if same cannot reasonable be removed or
corrected, to cease operating and/or maintaining said establishment
within 30 daps thereof.
If the finding of the Mayor and City Council is that said estab-
_shment is not offensive and/or unwholesome, the complaint shall be
uismissed and the person charged in said complaint shall be notified
1 writing.
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SECTION 4. Failure of the owner and/or operator or.resident of
such establishment to comply with the notice of finding and order
of the Mayor and City Council following such a public hearing shall
Constitute an offense punishable as provided in Section #1-9, Kalis-
pell City Code.
SECTION 5. All ordinances of the City of Kalispell, or parts thereof,
in conflict herewith are hereby repealed.
PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA AND
:VP'AOVED,BY THE MAYOR this llth day of May, 1970.
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I, George Beardslee, City Clerk of the C of Kalispell, Monta do cer-
15th day of , 19 poa ed a
tify that on the Y
copy of ,the foregoing
.ordinance in o ice, and the s rea�ai ed posted
fora period of five days, and the o going is a tru and co ect copy of
the ordinance as passed by the City ouncil.
Cit Cle of t e City of Kalispell, Montana