Resolution 2839 - Spot Garage Operating in Offensive MannerRESOLUTION NO. 2839
A RESOLUTION FINDING THAT THE SPOT GARAGE IS BEING OPERATED IN AN
OFFENSIVE MANNER WITHIN THE MEANING OF CHAPTER #13, ARTICLE II,
KALISPELL CITY CODE, AND ORDERING THE OWNER OR OPERATOR THEREOF TO
COMPLY WITH SAID CODE PROVISIONS BY April 3t 1972; DIRECTING CITY
CLERK TO SERVE COPY OF THIS RESOLUTION TO SAID OWNER OR OPERATOR
WHEREAS, on December 6, 1971 a written complaint was made to
the Mayor and City Council that the Spot Garage, 623 West Idaho
Street, in 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 meetinc
j 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 oDerator of said
Soot Garage be notified of such public hearing; and due and proper
notice of such hearing was personally served on Mr. 0. Earl Hayton,
owner of said Spot Garage on December 10, 1971; and
11TH=ASp 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 complainanti and said 0. Earl Hayton
failed to appear or offer any testimony or evidence to show that said
complaint was without merit.
NOW THEREFORE, the Council finds and orders as follows:
1. The Council finds that tho Spot Garage, 623 West Idaho
Street, within the City of Kalispell, is being operated in an offen-
sive manner by 0. Earl Hayton within the purview of Chapter 13,
Section 11, Xalispell,City Code, by the maintenance in public view
thereon of numerous junked cars, miscellaneous scrap and trash; the
Council finds that such condition is within the prohibition of
Section 13-10, Kalispell City Code, and said items should be
removed from the premises or fully screened from public view;
2. The Council hereby orders said 0. Earl Hayton to remove
said items from said premises or erect a suitable screen or fence
to fully remove same from the public view;
3. The Council further finds that due to inclement weather
coaditions presently existing and the poor health of said 0. Earl
Hayto4, that said 0. Earl Hayton should be and he is permitted until
April
3, 1972 to remove said items or screen them from public view.
Said 0. Earl Ilayton is ordered to appear before the City Council
at any regular or special meeting thereof�on or before April 3, 1972
and show the Council same has been done; I
4. The City Clerk is hereby directed to notify said 0. Earl
Hayton of the orders of the Council by furnishing a copy of this
Resolution,t<r;him via reqis:t�ed mail.
PXSSED//j3Y THE CITY C
CITY y ISPELL, THIS
AND APPROVED 13Y THE MAYOR OF THE
AX OF � ' ' JANUARY , 1972.
mayor / I
1, the undersignea, ulty Clerk of the Cit of lis It eby certif that the
foregoing Is a true and correct copy t ", --I,
passed by he City
Council of the City of Katispe on t regul .- et Ing 96 ary 10, 1972.