Kalispell council passes first reading of community-decay ordinance tightening weed and refuse rules

The Kalispell City Council on April 21 approved first reading of Ordinance 19-36, an amendment to the municipal community-decay provisions that incorporates tall-grass and weed standards and streamlines the abatement process.

The ordinance moves tall grasses and weeds into the community-decay article of the code, sets an 8-inch standard for weeds/tall grass (drawn from fire-code language), and shortens enforcement timelines. Staff said the model centralizes abatement and allows municipal citation after a written notice and failure to abate.

Why it matters: Councilors and residents debated whether the ordinance would be used primarily to reduce fire hazards and control noxious weeds or whether it risked becoming a tool for neighbor disputes over landscaping preferences. The council adjusted language and rejected proposed exemptions before approving the first reading.

Key provisions and staff explanation - The draft places tall grasses and weeds exceeding 8 inches under the community-decay ordinance rather than a seasonal fire-code provision. Staff told the council the 8-inch threshold currently appears in the fire code and the change brings it under general abatement rules. - The ordinance streamlines abatement by establishing a written-notice step followed by a municipal citation if the property owner does not abate. - Staff said the new process is intended to reduce the back-and-forth series of 30-day letters previously used and to speed remedial action on complaints.

Council debate and amendments Councilor Ryan Hunter and Councilor Dowd raised concerns that the ordinance could “weaponize” neighbor disputes and be used against low-priority, aesthetic disagreements. Hunter repeatedly said he would support a version targeted at fire hazards or noxious weeds but opposed broad, subjective enforcement tied to neighbors’ aesthetic preferences.

Hunter proposed expanding the exception for maintained gardens to explicitly include “nature scaping” and “intentionally created habitat features.” That amendment was debated at length and then failed on a roll-call vote (Aye: Hunter, Dowd, Dahlmann; No: Fisher, Carlson, Gabrielle, Graham, Mayor Mark Johnson).

Councilor Dowd later proposed replacing the exception language with “maintained and/or cultivated gardens and landscaping.” That proposed wording was amended and considered, but subsequent roll calls left the amendment without sufficient support; council ultimately returned to the main motion.

Other councilors, including Councilor Fisher and Mayor Johnson, emphasized public expectation that in-city properties meet community maintenance standards and voiced support for clearer enforcement tools. Councilor Fisher and others noted ongoing demand for enforcement and called the 10-day notice and streamlined process helpful to address rapidly deteriorating lots and fire or noxious-weed risks.

Final vote and effect: On final roll call the council advanced Ordinance 19-36 (Aye: Fisher, Carlson, Gabrielle, Graham, Mayor Mark Johnson; No: Hunter, Dowd, Dahlmann). The ordinance passed first reading as drafted and will proceed to codification and any subsequent readings required.

Clarifying details raised in council discussion - The 8-inch threshold: Staff said that standard currently appears in the fire code and the ordinance incorporates it under general community-decay abatement. - Notice and timeline: Staff explained the intent to move from successive 30-day letters to a 10-day notice followed by municipal citation if the violation is not corrected. - Garden/habitat exceptions: Council debated precise wording to protect maintained gardens, pollinator plantings, and nature-scaping; several amendment proposals failed and council retained the ordinance’s existing exemption language as amended.

Next steps: City attorney to codify the approved language; staff to implement the streamlined abatement process and to handle complaints under the revised timelines.

Votes at a glance (recorded April 21): - Amendment (Hunter) to expand garden exception to include nature-scaping and intentionally created habitat features: Failed (Aye: Hunter, Dowd, Dahlmann; No: Fisher, Carlson, Gabrielle, Graham, Mayor Johnson). - Amendment (Dowd) to replace F2C with “maintained and/or cultivated gardens and landscaping”: Considered; subsequently not adopted. - Ordinance 19-36 (first reading): Passed (Aye: Fisher, Carlson, Gabrielle, Graham, Mayor Johnson; No: Hunter, Dowd, Dahlmann).

Speakers quoted in this report appear in the council record and are identified below.