Resolution 2839A - Schwartzenberger Wrecking Operating in Offensive MannerRESOLUTION NO. 2839A
A RESOLUTION FINDING THAT THE SCHWARTZEI',MERGER WRECKING YARD IS
13EING OPERATED IN A_`N OFFENSIVE MANNER WITHIN THE MEANING Or 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
a'INER OR OPERATOR
WHEREAS, on December 6, 1971 a written complaint was made to
the Mayor and City Council that the Schwartzenberger wracking 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
WqEREAS, the Council ordered such public hearing be held on
January 10, 1972 and ordered that the owner or operator of said
Schwartzenberger Ireckinq 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 currentLy 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
Chanter 13, Article 11, Kalispell City Cod
by the maintenance in public view thereon
miscellaneous scrap and trashl and the Cou
condition is within the prohibition of See
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 wracking 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
inclenent weather conditions presently exi3ting, and the repres-
entation made to the Council by John Schwa�tzenberqer 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 April 3, 1972 to show the council his specific plan
of leveling and fencing said wrecking yeard and what work '�T�
aas been nerformed in pursuance thereof and at that time the Coun i
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.
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PASSED BY THE CITY COMNTCIL AND APPROVED BY THE MkYOR"OF THI�;
CITY OF KALISPELL, THIS 10TH DAY OF ' JANUARY , 1972/
mayor
ATTE T 60
rk
1, the undersigned, City Clerk of the Clt� of Ka
/111spoll,' ertify that the
'Py of t_ re
foregoing is a true and correct c - olut d by the City
Council of the City of Kalispell, MontarW,--avinoiku-,
Jazivary 10, 1972 / ) -
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