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Three Forks council approves resolution noting delinquent weed-removal assessments after debate on liens
Summary
The Three Forks City Council approved Resolution No. 431-2024 to note assessments for delinquent weed removal and related administrative fees, voting 5–1 after residents raised concerns about charges, timelines and lien authority.
The Three Forks City Council voted 5–1 on Oct. 8 to approve Resolution No. 431-2024, a resolution noting the assessment list of delinquent fees for weed removal, administrative fees and penalty.
The vote followed a public hearing in which resident Natasha Bivens questioned the city's statutory authority to enter private property and disputed the size of the invoices. "Without permission, this is a trespass issue," Bivens said. Clerk Crystal Turner and City Treasurer Kelly Smith responded that the fees and procedure are established in the city's ordinance and that the billing reflects hourly charges by the contractor; Smith told the council that the ordinance sets payment due within 30 days.
City Attorney Susan Swimley told the council she would prepare a written statement about the city's authority to enter property after notice and said the matter of amending policy should be referred to the ordinance committee for formal consideration. "If the Council wishes to discuss changing the policy, it should refer the topic to the Ordinance Committee," Swimley said.
Councilmembers debated whether the current timeline for lien placement and the length of time before the city proceeds with work were too short. Councilwoman Roxi McDermott said she favored a longer repayment window and raised the idea of a repayment plan for financially strained homeowners; Treasurer Kelly Smith and Councilman Gene Townsend emphasized the city's duty to enforce ordinances and the safety risks posed by overgrown lots. Townsend said the city has been flexible in granting additional time when requested.
The council approved the resolution with Councilwoman McDermott dissenting. The mayor and staff noted the council retains authority to amend fee schedules or the ordinance at a later date.
What the council did: approved Resolution No. 431-2024 to note delinquent weed-removal assessments (vote 5–1). Next steps: the council may refer ordinance changes to the Ordinance Committee; Attorney Swimley offered to provide written legal analysis for a future agenda.
Authorities cited in the hearing included the adopting ordinance (Ord. #397-2022) and a municipal code citation read into the record as 7-22-4101(d), MCA (as stated by staff during the hearing).
