A. Definitions: In this section, the following terms have the meanings indicated below:
ABANDONED, WRECKED, JUNKED OR DISMANTLED VEHICLE, EQUIPMENT OR MACHINERY: Every vehicle, machine or piece of equipment which is not being used for its manufactured or intended purpose and has been discarded, abandoned, wrecked, stored, junked, dismantled or partially dismantled, including parts thereof.
FIRE HAZARD: Where owing to the existence of solid waste or waste, dried grass, weeds or shrubbery, the condition of the property is likely to cause a fire.
INOPERABLE: With respect to any vehicle, the inability of all significant mechanical and electrical systems on such vehicle to operate properly and dependably, or the absence of any significant parts. With respect to wheeled and/or motorized vehicles, and where applicable, inoperable means the inability of any of the following systems to operate properly and dependably, or the absence of such parts: tires, wheels, brakes, engine, ignition, transmission, suspension, steering, windows, windshield, horn, muffler, rearview mirror, windshield wiper, service brakes, parking brakes, headlights, brake lights, turn signals.
OBJECT: Any material, substance or composition not yet classified as waste, solid waste or a fire hazard but which may subsequently be determined to be waste, solid waste or a fire hazard. Object, though used in the singular term, can also mean the plural when circumstances require.
OWNER: Owner of the title to real property or the contract purchaser of real property as shown in the last available complete assessment roll in the office of the county assessor.
PERSON: Every natural person, firm, partnership, association or corporation.
SHIELDING: Refers to fencing or other fabricated barriers to conceal a facility from public view. It also refers to natural barriers.
SOLID WASTE: All putrescible and nonputrescible waste including, but not limited to, garbage, rubbish, refuse, demolition wastes (including wood, bricks, concrete, used road blacktop and other similar materials), ashes, wastepaper and cardboard, sewage, sludge, septic tank and cesspool pumpage or other sludge, commercial, industrial, construction waste, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, dead animals and other waste.
UNLICENSED: With respect to any vehicle which is required to be registered under state law with the department of justice, motor vehicle division, the absence of the appropriate license tags and/or stickers attached to such vehicle showing a current registration.
VEHICLE: Any automobile, car, truck, motorcycle, tractor, trailer, pole trailer, bus, camper, motor home, travel trailer, recreational vehicle, boat or other watercraft.
WASTE: Useless or discarded materials.
ZONING ADMINISTRATOR: Includes the zoning administrator and any employee of the city planning and building department that the zoning administrator designates to carry out the responsibilities identified herein.
B. Declaration Of Public Nuisance: The deposit, accumulation, storage, collection, maintenance or display of waste, solid waste; abandoned, wrecked, junked or dismantled vehicles, equipment or machinery; inoperable or unlicensed vehicles; or dried grass, weeds or shrubbery is hereby found to create a condition tending to reduce the value of private property, to promote blight, deterioration and unsightliness, to create fire hazards, to create a harborage for rodents and insects and to be injurious to the health, safety and general welfare of the people. Therefore, the presence of waste, solid waste; abandoned, wrecked, junked or dismantled vehicles, equipment or machinery; inoperable or unlicensed vehicles; or dried grass, dried weeds or dried shrubbery on private or public property is hereby declared to constitute a public nuisance which may be abated in accordance with the provisions of this section.
C. Exemptions: This section shall not apply to vehicles enclosed in a building, covered by a cover specifically designed for covering vehicles, vehicles which are shielded according to the definition set forth in this section, or to any vehicle held in connection with a lawfully operated business enterprise.
D. Entry Upon Private Property:
1. The zoning administrator is authorized at all times to enter upon private property and examine any object for the purpose of determining if it is a public nuisance as defined herein. However, before entering upon private property, the zoning administrator shall obtain consent of the occupant thereof or have a warrant of the appropriate court authorizing his or her entry for the purpose of inspection.
2. No search warrant shall be issued under the terms of this subsection D until an affidavit has been filed with the appropriate court showing probable cause for such inspection by stating the purpose and the extent of the proposed inspection or other specific or general information concerning the object in question and identifying the property on which it is situated.
3. It is unlawful for any person to interfere with or attempt to prevent the zoning administrator from entering upon private premises and inspecting such object when the zoning administrator exhibits a warrant authorizing the entry of or has obtained consent of the occupant of the property.
E. Initial Action:
1. When the zoning administrator determines that a nuisance condition described in this section exists in the city's zoning jurisdiction, the zoning administrator shall make an initial contact with the property owner for the purpose of making said owner aware of the violation. The initial contact shall be in writing, or by telephone followed up in writing. The initial contact shall explain the violation, cite the applicable provision(s) of the code, set a date for compliance and/or abatement, and provide contact information for the Whitefish planning and building department.
2. In the event that a nuisance condition persists after the date given for abatement/compliance as set forth in subsection E1 of this section, the zoning administrator shall issue a second notice requiring abatement/compliance in no more than twenty one (21) calendar days. Should the nuisance condition persist beyond that time period, the zoning administrator shall proceed as set forth in subsection F of this section.
F. Notice Of Nuisance Condition:
1. Mailed Notice:
a. The city planning and building department shall notify the owner and any occupants of the premises by personal service or by certified mail. The notice shall state:
(1) That a hearing will be held concerning the nuisance character of the property.
(2) A description of the property and alleged nuisances.
(3) The time and place of the hearing.
b. A copy of this notice shall be posted on the property.
2. Published And Posted Notices: At least ten (10) days prior to the hearing date, the city shall publish a notice of the hearing in a newspaper of general circulation within the city or post notices in at least three (3) public places in the city.
G. Hearing:
1. Right To Be Heard: At the hearing, the owner or other interested parties shall have the right to be heard.
2. Inspection Of Property: The council may inspect the property and consider the facts observed in determining whether the property is a nuisance.
3. Resolution Of Council:
a. If the council determines that the property is a nuisance, the council may, by resolution, order the property to be made safe and prescribe what must be done to make it safe.
b. In the resolution, the council may set a time, not less than ten (10) days, within which the order must be obeyed.
H. Council Orders; Notice: Notice of the council's determination and orders by the council shall be by personal service or by certified mail to the owner of the property. If the orders are not obeyed and the property is not made safe within the time specified by the order, the council may order the property made safe at the expense of the owner of the property on which it is located.
I. Abatement By City Of Whitefish: If the council orders are not complied with, the council may specify the work to be done and direct that it be undertaken by city personnel and equipment or that the city contract for such work.
J. Assessment For Costs:
1. The city shall forward to the owner, by personal service or by certified mail, a notice stating:
a. The total cost of abatement, including the administrative costs.
b. The costs as indicated will be assessed to and become a lien against the property unless paid within thirty (30) days from the date of the notice.
c. If the owner objects to the costs of the abatement as indicated, a written notice of objection may be filed with the city planning and building department not more than ten (10) days from the date of the notice.
2. No sooner than thirty (30) days after the date of the notice of costs, the council, in the regular course of business, shall hear and make a decision on the objections to the costs assessed.
3. If the costs of the abatement are not paid within thirty (30) days from the date of the notice of costs or if an objection was filed within ten (10) days from the council determination, an assessment of the costs, as stated or as decided by the council, shall be made by resolution, and thereafter recorded with the Flathead County clerk and recorder and/or assessed with other property assessments at which time it shall constitute a lien on the property from which the nuisance was removed or abated.
4. The lien shall bear interest at a rate set by the council at the time of assessment.
K. Summary Abatement: The procedure of this section need not be followed if the condition of the property is unmistakably dangerous and imminently endangers life or property. In this instance, the city manager, zoning administrator or the police chief may summarily abate the nuisance.
L. Errors In Procedure: Failure to conform to the requirements of this section that does not substantially and adversely affect the legal right of a person does not invalidate a proceeding under this section.
M. Penalty: A person convicted of the offense of maintaining a public nuisance under this section is guilty of a misdemeanor punishable by a fine as provided in the general penalty in section 1-4-1 of this code. The city reserves any and all additional remedies available to enforce this section, including, but not limited to, injunction, abatement and cease and desist orders available under this code and state law. (Ord. 07-07, 3-19-2007)