Kalispell City Council Approves Municipal Code for Unsafe Buildings
The new code, inspired by the years-long disrepair of the old Outlaw Inn in Kalispell, entails that all buildings deemed unsafe will be under the fire department’s purview
By Zoë Buhrmaster
Kalispell city councilors approved a municipal code modification that will place vacant or unsafe buildings under fire code, a change triggered by the unsafe conditions of the former Outlaw Inn, which has sat vacant and in deleterious condition over the past two years.
The abandoned inn, rebranded as the FairBridge Inn & Suites and Outlaw Convention Center at 1701 U.S. 93 S., is now in foreclosure, with Columbia Falls developer Mick Ruis purchasing the promissory note and deed of trust. Outlaw Apartments LLC is instated as the property’s new lender, according to Ryan Purdy, attorney for Ruis and trustee for the property appointed by the company. The code modification, though inspired by the property, will not apply to it as the building is now secured from trespassing.
“I think we’re fortunate we didn’t lose some children or something serious happen,” Councilor Jed Fisher said about the building during the council meeting.
The code change entails that all buildings – residential or commercial – deemed unsafe due to inadequate exits, light and ventilation constituting a fire hazard, or not secured against unauthorized entry, will be subject to an abbreviated 10-day time frame upon receiving a written notice by the fire chief to abate the hazardous conditions. It also modifies unsafe buildings to be placed under civil infraction opposed to a criminal infraction, allowing the city to seek abatement through judicial order.
Conversation at the Jan. 21 council meeting swiveled around the expedited time frame and potential pressure it could apply to homeowners, with Councilor Sid Daoud bringing up concerns that the change should instead fall under property maintenance as opposed to fire code.
“It’s already illegal to enter a private property. What we’re doing is adding on a civil infraction,” Daoud said.
Councilor Ryan Hunter pointed to the length of time that it takes for a building in such condition to reach the attention of the city and fire department.
“The 10 days is probably coming after it’s been a problem for a while, and we’ve been alerted to it,” Hunter said.
Fisher, Hunter, and fellow councilors Sandy Carlson, Kari Gabriel, Jessica Dahlman and Sam Nunnally passed the motion with the majority vote. Councilors Daoud, Chad Graham, and Mayor Mark Johnson voted against the changes.
Council members discussed potentially later expanding or adding an additional code to address dangerous buildings, which would hand over responsibility to the city to pay for the abatement of buildings that do not address the conditions in time.
“This doesn’t cover those,” Doug Russell, city manager, said. “This is ingress and egress of vacant buildings. This isn’t dangerous buildings. This isn’t a be-all, get-all.”
Russell stressed that because the modification places unsafe buildings under fire code, not property maintenance code, it makes the code easier to enforce in the time being while the city lacks resources to implement a code enforcement program.