The purpose of this article is to regulate, control, and prohibit conditions that contribute to community decay on or adjacent to all public streets within the City of Kalispell.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)
In this article the following terms have the meanings indicated below:
A public nuisance created by allowing unchecked or overgrown vegetation, rubble, debris, junk or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property; provided, however, that "community decay" may not be construed or defined to apply to normal farming, ranching, or other agricultural facility, and any appurtenances thereof, during the course of its normal operation or normal activities at a shooting range.
An individual, firm, partnership, company, association, corporation, city, town, county or any other entity whether organized for profit or not.
A condition which endangers safety or health, is offensive to the senses, or obstructs the free use of property so as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by any considerable number of persons. The condition is no less a nuisance although the extent of the annoyance or damage inflicted upon individuals may be unequal.
Any area visible from any point within the public right-of-way, or from a private road or alley.
The construction or use of fencing or man-made or natural barriers to conceal community decay from public view. The use of plastic tarps does not constitute shielding under this section.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)
No person shall maintain community decay on property owned by him or her, or under his or her control. For purposes of this article, a public nuisance includes, but is not necessarily limited to, any of the following conditions that exist within public view:
A.
The dumping, piling, or stacking of bricks, concrete blocks, waste wood and similar material on open lots or fields, unless said material is stacked in neat piles and all waste materials from the cleaning of such items, such as mortar, wood splinters, broken and unusable bricks, are removed;
B.
The storage or accumulation of a significant amount of cardboard boxes, broken packing boxes, paper, or other similar items on lots or fields;
C.
The piling, dumping or depositing of any dirt, demolition wastes including wood, bricks, concrete, used road blacktop and other similar materials on any open lots or fields, unless such material is to be utilized for fill material to fill a land depression, and provided that, if such material is used as fill material, all such material is completely covered with clean fill material once every 10 days and the fill area is adequately fenced to restrict access to the area; and further provided that the failure to comply with the periodic cover and access control requirements shall constitute a violation of this article;
D.
The storage and accumulation of iron, metal, component vehicle and machine parts, junk vehicles, household appliances, barrels and other salvaged metal items, unless such material is stored in an approved, licensed, and shielded motor vehicle wrecking facility;
E.
The accumulation and storage of any other rubble, debris, junk, or refuse that, upon investigation, is deemed to be a "public nuisance" as defined in this article.
F.
1.
Any unchecked or overgrown vegetation that is unsightly, troublesome or offensive, including all weeds and grasses over eight inches in height.
2.
Exceptions:
a.
Property/lots in excess of 15,000 square feet.
b.
Property that is inaccessible or impractical for mowing or removing weeds, including, but not limited to, drainage areas, wetlands, forested areas, excessive slope or ground instability, active pastureland, and tree covered areas in parks.
c.
Maintained and cultivated gardens or landscaping.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)
The maintenance of materials that would be considered community decay under this article shall be lawful if such materials are shielded from public view in accordance with the following standards:
A.
Any shielding must conform to all local zoning, planning, and building provisions and shall be of sufficient height that none of the violation on the premises is visible to public view.
B.
When fences are used for shielding, the boards may be spaced and/or slanted to reduce wind load, the space between boards when viewed from a broadside view shall not be more than one and one-half inches and the interval between spaces shall not be less than seven and one-half inches. Rough dimensional lumber or better is acceptable. Chainlink fencing with standard fiberglass or other inserts is acceptable, provided the gap between adjacent slats does not exceed one and one-half inches. The fencing is to be maintained by the property owner or occupant in a neat and workmanlike manner and shall be replaced when necessary.
C.
Shielding with shrubs and trees shall provide a degree of shielding similar to that produced by fencing at all times of the year. Dirt berms are acceptable for shielding purposes, provided the berm slopes are graded smooth and seeded with an adequate grass seed formula.
D.
Other types of fencing of equivalent permanence, attractiveness, and shielding qualities, are also acceptable.
E.
The use of plastic tarps does not constitute shielding under this section.
F.
No more than one of the approved shielding materials shall be used on any one side of a shielding fence.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)
It shall be the duty of the City Manager or designee to inspect the City at reasonable intervals and cause written notice of any violation of this article to be given to the occupant of any premises or to the owner of unoccupied premises which are in violation of this article, who shall have 10 days after the service of such notice within which to comply with this article. The notice may be personally served on the head of such household, or owner if the premises are unoccupied, or may be served by registered mail addressed to the head of such household, or owner of unoccupied premises, at his or her address on such premises, or at such other address as he or she may personally reside.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)
This article applies to all of the City limits of the City of Kalispell.
(Ord. 1581, 8-7-2006; amd. Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)
Any person maintaining community decay under this article shall be charged with a civil infraction to be prosecuted under the provisions of Chapter 1, Article 2 of the Kalispell City Code which remedies may include fines as well as an order of abatement.
(Ord. 1581, 8-7-2006; amd. Ord. 1666, 7-20-2009; Ord. 1925, 7/15/2024; Ord. 1936, 5/5/2025)