Don't dismiss code enforcement so quickly

Talk of launching a code enforcement program in Kalispell among city councilors last week ran aground on two obstacles — funding and philosophy.  

Like most municipalities in Montana and across the country, Kalispell has a raft of ordinances holding private owners responsible for maintaining their property, including clearing sidewalks of snow in winter and keeping grass and weeds trimmed during the warmer months. The authority to investigate potential violations is spread over several departments and, as city officials indicated last week, haphazardly enforced.  

City Manager Doug Russell said that while Kalispell does enforce its municipal code, “we just don’t do it effectively or efficiently because we don’t have dedicated resources.” 

But we should expect our city government to operate both effectively and efficiently, and if hiring a code enforcement officer will do that then the dedicated position is likely worth creating. 

Some suggested that code enforcement is “heavy-handed government.” 

But it does seem that Council wants to enforce or create new code when an issue creates a certain level of discomfort. Take the Outlaw Inn, for example, when the shuttered hotel fell into disrepair and became a cause for concern the city took steps to amend its fire code allowing it to abate vacant properties.  

So, is Council going to decide when and when not to enforce the code based on its whim of which property owner is in or out of its favor? That seems like a capricious approach to governing.  

Councilors also raised concerns about increasing taxes to fund the position — estimates are that the cost for a full-time position is $75,000. We appreciate councilors being good stewards of taxpayer dollars and not jumping on the idea without careful examination. 

But it seems short-sighted to just dismiss the idea of a code enforcement officer out of hand. As Councilor Kari Gabriel pointed out the codes become a joke if there is no enforcement.  

The city should take the time, as Gabriel suggested, to track the complaints the city receives. And it should track staff time being spent now on code enforcement. 

By hiring a code enforcement officer, would that lift the burden currently placed on city workers who are better suited to focusing on the top priorities of their job rather than being part-time code enforcement? That could result in an increase in efficiency.  

Some suggested asking voters to weigh in on the issue. Kalispell voters already signaled that they care about safety by passing a $4.6 million public safety levy last year. 

And while some of the code violations do come down to petty neighbors using the city to settle disputes over fence placement, at the end of the day many are centered around safety. If sidewalks aren’t cleared of snow, then pedestrians are forced to walk in the street with traffic. If grass is not kept to a reasonable height, then it increases the opportunity for a fire to get out of hand in the dry days of August.  

If residents feel that having a central point of contact to field calls and enforce the city’s codes is important, then let the Council know it’s worth spending the money.