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Kalispell council adopts ordinance adding penalties, fire-department role for unsecured vacant buildings
Summary
The Kalispell City Council adopted Ordinance 19-32 on final reading to amend municipal code to permit the fire prevention ordinance to address security and safety of vacant buildings and to establish penalties. The 5-3 vote follows months of work sessions and debate over whether such enforcement belongs under the fire code.
The Kalispell City Council on Feb. 3 adopted Ordinance 19-32, amending portions of the Kalispell Municipal Code to incorporate the city's fire prevention provisions into vacant-building security and to establish penalties for violations.
The ordinance, described by staff as amendments to "adopt new sections 10.12 and 10.13 of Kalispell Municipal Code chapter 10" and presented for a second and final reading, passed on a 5-3 roll call vote after substantial debate about scope and enforcement.
City Manager Russell told the council the measure was intended "to make it easier to incorporate the fire code into some property, maintenance enforcement" and to address security of ingress and egress to vacant buildings. Councilor Hunter moved adoption; Councilor Fisher seconded the motion.
Supporters said the change gives the city an additional tool to address hazardous vacant structures. Councilor Fisher said the city had been "fortunate that that building didn't have a major fire" and argued a preventative tool could "save a whole lot of costs" and reduce risks to firefighters.
Opponents questioned whether the fire department is the proper enforcement arm and raised concerns about shifting duties and resources. Councilor Graham said he "don't like that this is being couched under the fire department" and worried firefighters would be asked to perform engineering assessments. Councilor Dowd said the proposal "does not belong under the fire code" and warned the ordinance adds an additional layer of illegality to private-property situations without guaranteeing faster remedies.
Councilor Nunnally and others said the fire department historically handled ingress and egress checks and that restoring that authority would be appropriate. Nunnally said Kalispell had such functions in the past when a fire marshal handled building safety reviews.
On roll call the ordinance received aye votes from Councilors Gabrielle, Dahlmann, Fisher, Hunter and Nunnally; Councilors Graham, Dowd and Mayor Johnson voted no. Mayor Johnson announced, "Motion passes." The vote count mirrored the council's previous first-reading split.
The ordinance text adopted, as read into the record during the meeting, amends the municipal code to make the referenced provisions "a portion of the fire prevention ordinance of the city of Kalispell and applicable within the corporate boundaries of the city to provide a penalty for the violation of any lawful order issued pursuant thereto and establishing an effective date." The city did not announce an effective date during the meeting.
Council discussion noted that even with the ordinance in place the city must follow a legal process before securing or altering private property. Opponents pointed to the time-consuming nature of enforcement and suggested market resolution and existing trespass laws remain in force.
Action on this item completes the ordinance's final reading after prior work sessions and a split first reading earlier in January.
