Resolution 2839A - Schwartzenberger Wrecking Operating in Offensive MannerRESOLUTION NO. 2839A
A RESOLUTION FINDING THAT THE SCHWARTZENSERGER WRECKING YARD IS
13EING OPERATED IN A1I OFFENSIVE MANNER WITHIN THE MEANING OF CHAPTER
013, ARTICLE II, KALISPELL CITY CODE, AND ORDERING THE OWNER OR
OPERATOR THEREOF TO COMPLY WITH SAID CODE PROVISIONS BY APRIL 3,
1972; DIRECTING CITY CLERK TO SERVE COPY Or THIS RESOLUTION TO SAID
0,1NER OR OPERATOR
WHEREAS, on December 6, 1971 a written complaint was made to
the Mayor and City Council that the Schwartzenberger Wrecking Yard,
on U. S. Highway #93 South, within 3 miles of the City of Kalispell,
was being operated in an offensive manner in -violation of the
provisions of Chapter 13, Article II, Kalispell City Code, and at
the regular meeting of said council on December 6, 1971 good cause
was found to schedule a public hearing before said Council on such
complaint; and
WHEREAS, the Council ordered such public hearing be held on
January 10, 1972 and ordered that the owner or operator of said
Schwartzenberger ?Wrecking Yard be notified of such public hearing,
and due and proper notice of such hearing was personally served on
John Schwartzenberger, owner of said Schwartzenberger Wrecking Yard
on December 10, 1971; and
'WHEREAS, on January 10, 1972 a public hearing was duly held by
the Mayor and City Council in the Council Chambers of the City Hall,
Kalispell, Montana, and at said hearing testimony, under oath, and
evidence'was received from the complainant; said John Schwartzen-
herger personally appeared at said hearing and advised the Council
he had plans to level and fence instant wr ckinq yard but that due
to deep snow and inclement weather current y existing he would not
be able to do so until about April 1, 1972
NOW THEREFORE, the Council finds and
1. The Council finds that Schwartzen
on U. S. Highway #93 South, within 3 miles
is being operated in an offensive manner w
Chapter 13, Article II, Kalispell City Cod
by the maintenance in public view thereon
miscellaneous scrap and trash; and the Cou
condition is within the prohibition of Sec
City Code, and said items should be remove
fully screened from public view;
2. The Council hereby orders said
remove said items from said premises or
or fence to fully remove same from the
s as follows:
erger Wrecking Yard
of the City of Kalispell,
thin the purview of
by John Schwartzenberger
f numerous junked cars,
cil finds that such
ion 13-10, Kalispell
from the premises or
Schwartzenberger to
a suitable screen
view;
3. The Council further finds that du to the heavy snow and
inclement weather conditions presently exi ting, and the repres-
entation made to the Council by John Schwa tzenberger of his plans
to remedy said conditions, that said John 3chwartzenberger be,
and he hereby is, permitted to delay beginning to carry out his
plans therefor until April 1, 1972 and said John Schwartzenberger
is hereby ordered to appear before this Council at its regular
meeting on Argil 3, 1972 to show the Council his specific plan
of leveling and fencing said wrecking yeard and what work
pas been performed in pursuance thereof and at that time the Council
will make further orders in relation to this matter;
4! The City Clerk is hereby directed to notify said John
Schwartzenberger of the orders of the Council by furnishing a copy
of this Resolution to him via registered mail.
PASSED BY THE CITY COMNTCIL AND APPROVED BY THE MkYOR"OF THE
CITY OF KALISPELL, THIS 10TH DAY OF ' JANUARY , 1972/
Mayor
6
ATTE T 0
rk
1, the undersigned, City Clerk of the Clt� of Ka /111spoll,' certify that the
copy
of t_ re
foregoing is a true and correct c - olut d by the City
Council of the City of Kalispell, MontarW,--avinoiku-, et g on
Jazivary 10, 1972 / ) -
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