The City Council is considering amendments to the City of Billings, Montana (BMCC) Nuisance Code. The Council conducted a public hearing and approved amendments to the code on first reading on December 10. After extensive discussion and public comment at the December 10 meeting, the Council made edits to the definition of Abandoned or Decaying Structure and Dangerous Structure, and a few other minor changes for Second Reading. The Council is taking action on the Second Reading of the Ordinance to amend the code including the edits at this meeting.

The City Council was provided with information on amending the nuisance code at City Council Work Sessions on August 7 and October 2, 2017, and February 5 and August 6, 2018. The Council also convened a Nuisance Code Working Group Meeting on August 29 to further discuss and consider amendments that would be brought back before the full Council. City Administration also directed staff to ensure Municipal Court Judge Sheila Kolar was made aware of the proposed amendments since her Court is where most nuisance violations are heard. Staff did inform Judge Kolar of the amendments to the code and of the schedule for consideration and action by City Council.

The changes are meant to bring clarity and update some of the code language, include language that will help in a variety of nuisance code cases to get properties into compliance, and make it easier for property owners, City staff and court officials to work through cases. There also is language in the code directly from State Law, including some of the definition language, the City should keep in its code. Proposed amendments to the code generally include:

• Modify and clarify definitions
• Define that a Public Nuisance may affect an individual, a neighborhood or a community
• Specifically address exterior structure conditions – peeling paint, exterior rot, cracking, broken windows and doors, neglected trees and lawns, etc.
• Clarify abatement cost estimating and time period for abatement by the property owner
• Clarify the right of entry to property process

If the Council approves the ordinance on second reading at this meeting, the changes will take effect in 30 days on February 14, 2019.

City Council may:

• Approve the amendments to the Billings Nuisance Code on Second Reading; or,
•  Not Approve the amendments to the Billings Nuisance Code on Second Reading. No approving the amendments means property owners, staff and Municipal Court will continue to work under the current Nuisance Code that lacks clarity and needs to be updated in relation to local and State laws.

There is no direct financial impact to the City if the Nuisance Code is amended as proposed. However, properties that rise to the level of a nuisance under this code have negative neighborhood and community impacts that while not easily quantifiable may have financial impacts for residents in the neighborhoods where the properties are located.

Staff recommends the City Council adopt the proposed amendments to the City Nuisance Code on Second Reading, including the changes the Council made at the First Reading on December 10. The changes are reflected in the updated Ordinance that is attached to this memo.