Kalispell City Council votes to amend nuisance ordinances

Kalispell City Council on Monday voted to expand and streamline two city ordinances addressing junk vehicles and community decay on private property.

Ordinance 1935 offered a more defined definition of a junk vehicle. Current code defines a junk vehicle as “a discarded, ruined, wrecked, or dismantled motor vehicle (including component parts) that is inoperative or incapable of being driven.” The updated ordinance offered eight other characteristics to define a junk vehicle.  

Those include: missing a structural part; broken or missing parts needed for operation; growth of weeds around the vehicle; containing junk or garbage; posing a source of danger; posing a source of contamination; illegal to operate on public streets; constituting a nuisance or threat to the public’s health or safety.  

“I think the added definition gives a little more clarity and understanding into implementing [city code],” City Manager Doug Russell told Council. 

Once notified, a property owner would have 10 days to address the issue.  

The ordinance passed 5-3 after a minor wording adjustment. Councilors Ryan Hunter, Sid Daoud and Jessica Dahlman voted against the motion, criticizing what they saw as vagaries and the potential for governmental overreach.  

The second ordinance Council amended addresses the aesthetics of private property within city limits. The measure altered the community decay ordinance to apply year-round.  

Under city code, “any unchecked or overgrown vegetation that is unsightly, troublesome or offensive, including all weeds and grasses over eight inches in height” are in violation of the ordinance. 

The ordinance passed 5-3 with Hunter, Daoud and Dahlman in opposition. 

“One of the reasons that all of these things kind of irk me is because we’ve taken the responsibility or the privilege of being able to have a discussion with your neighbor and [rather just say]  ‘I'm not going to do that because that's uncomfortable, I’m just going to have the government go do it for me’,” Daoud said.  

Hunter echoed that sentiment.  

“I don't think the community purpose of this is great enough to justify weaponizing the city in neighbor disputes,” Hunter said.  

Once notified about the violation, a property owner must respond within 10 days. Previously, a landowner had 30 days to address the issue. 

Council spent over an hour discussing the ordinance changes, citing the importance of clean and collected places within city limits.  

“We don't take the implementation of code or rules or ordinances lightly,” Daoud said near the end of the meeting.  

Daoud thanked the public for their patience at the end of the meeting. While some of the items they discuss may seem like “no-brainers,” Council still puts “thought and debate” into each one, he said.  

“People live in the city for a reason,” Councilor Kari Gabriel said. “They pay taxes to keep the city maintained at a certain degree and you have to define that just like you have to define rules when you live in an [homeowners association].” 

“If you want to have whatever you want in your yard, you should live in the county,” she added.   

Councilor Jed Fisher mentioned that while he doesn’t like the government or overreaching laws, despite working for various government positions for years, he supported the amended ordinances].  

“Generally, I do agree that there are so many laws, but I do think this allows the city to do their job better and satisfy as many people who work their tails off and spend a lot of money to have a beautiful yard,” Fisher said. “They expect that in the neighborhood.” 

Mayor Mark Johnson agreed, stating that ordinances are required to prevent subjective rulings.  

“I hate government, I hate it too. I hate [homeowners associations], but you know what I hate more? I hate when I can’t enjoy my backyard. I hate when my property values are negatively impacted because my neighbor doesn’t give a rats you-know-what about their property,” Johnson said  

The exchange prompted City manager Doug Russell to chide Council about its language choice. Government is established by the people for the people, he said.  

“It is a reflection of the community,” Russell said. “... We all are the city, we are collective.” 

Council also approved Johnson’s various appointments to a range of committees during Monday’s meeting, as well as establishing an official Arbor Day designation for April 25. 

Reporter Kate Heston may be reached at 758-4459 or kheston@dailyinterlake.com.