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Kalispell amends fire code to address vacant properties

JACK UNDERHILL | Hagadone News Network | UPDATED 10 months, 2 weeks AGO
by JACK UNDERHILL
Daily Inter Lake | January 22, 2025 11:00 PM

Kalispell City Council added new teeth to the municipal fire code allowing the city to abate vacant properties.  

Council on Tuesday also gave city staff the go-ahead to seek a federal loan to fund the replacement of all lead and galvanized service lines in the city. And the Kalispell Golf Association got the thumbs up to drill a well for irrigation improvements at the Buffalo Hill Golf Course.  

The amendment to the fire code targets structures deemed unsafe due to fire hazards, squatting, inadequate maintenance and being left unsecured.  

Time to comply upon receiving a notice of violation was hastened from the typical 60 days to 10 days and the civil infraction would allow a fire code official to abate the unsafe property “either by repair, rehabilitation, demolition, or other approved corrective action.”  

While the motion to amend the municipal fire code passed, Mayor Mark Johnson and Councilors Sid Daoud and Chad Graham voted in opposition. 

Conversation around adopting legislation to address vacant buildings surfaced in recent months after the 9-acre plot of land that is home to the Outlaw Inn in south Kalispell was left vacant and unsecured.  

Bought by Oregon-based Fortify Holdings in 2022, the property became a thorn in the city’s side, turning into a hotspot for vandalism and vagrants, and posing a safety risk to neighbors and nearby businesses. 

Columbia Falls developer Mick Ruis bought the deed of trust and promissory note on the property in late December. The limited liability company, Outlaw Apartments, was assigned as the new lender for the land and is seeking foreclosure after the property owner failed to pay off the loan.  

Outlaw Apartments is seeking the sale of the land to satisfy the debt of the property owner, who has until May 5 to pay the more than $6 million owed.   

Daoud expressed reservations about imposing a citywide law to address a specific property. 

“Is this a community issue that we could take care of with the community, or does it require government intervention? That’s where I’m sitting,” Daoud said.  

“I think we are fortunate we didn’t lose some children in that building,” said Councilor Jed Fisher, who has pushed for Council to address the dilapidated structure. He also sees the new code as a proactive measure for the future.   

Daoud noted that the owner would already be liable for any injury that occurred on the property.  

“I don’t want the accident to happen,” Fisher replied. “I don’t want to subject anybody to having their child or anyone in that situation.”  

City Manager Doug Russell reiterated that enforcing the code will take resources that the city lacks. Kalispell is without a dedicated code enforcement officer, leaving responsibility to the Fire or Planning departments, Russell said.  

AFTER SEVERAL weeks of debate, councilors OK’d using a federal loan to fund lead service line replacements across the city.  

Kalispell, among other larger Montana cities, must adhere to a federal mandate requiring all lead and galvanized service lines to be replaced by 2037.  

Per city code, the service line, which leads from the water main to a building, is the property owner’s responsibility. The passed amendment allows the city a “one-time exception” to replace the line up to the house.  

Council was in agreement that incurring the cost to replace the pipes was in line with an existing city practice of replacing leaking service lines up to the property boundary.  

“It’s important for the health and safety of our residents,” said Councilor Ryan Hunter, who has previously expressed the need to minimize lead exposure to children.  

There is no safe exposure to lead, according to the Environmental Protection Agency. Lead can affect multiple body systems and is particularly harmful to young children and women of child-bearing age.  

The city will look to nab $2 million from the Drinking Water State Revolving Fund program that offers up to 60% loan forgiveness. The remaining debt will be paid back through Kalispell’s Water Fund.  

Homeowners with documented lead, galvanized and unknown lines have been notified by the city. Contact Kalispell Public Works if the home received notification that the pipe material is unknown.   

THE KALISPELL Golf association got approval to drill a new well at the north end of the Buffalo Hill Golf Course.  

The well would be drilled adjacent to Whitefish Stage Road and Fairway Boulevard and is intended to allow for irrigation improvements.  

The golf course currently takes water from the surface of Stillwater River, but during the summer months the river runs too low for use, said Superintendent Russ Grover. 

The well would also provide cleaner water than the silty river water that corrodes pipes and plugs irrigation, said Grover. The new irrigation system being built will use less water than before, Grover added.  

Kalispell leases the land to the golf association. Operations and maintenance costs are fronted by the golf course.  

Reporter Jack Underhill can be reached at 758-4407 or [email protected].

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