The City Council is being asked to conduct a public hearing and consider amendments to the City of Billings, Montana (BMCC) Nuisance Code. 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 29th to further discuss and consider amendments that would be brought back before the full Council. City Administration also directed staff to make sure 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.
 
After a significant amount of review and editing work, Council is being provided the current nuisance regulations in place in the City with proposed changes to the code language. The changes are meant to bring clarity and update 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 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

The Council is scheduled to conduct a public hearing at this meeting and take action on a first reading of the ordinance to amend the Nuisance Code. A second reading is scheduled for the January 14, 2019 regular meeting. 

City Council may:

• Conduct a Public Hearing and Approve the amendments to the Billings Nuisance Code on First Reading; or,
• Conduct a Public Hearing and Not Approve the amendments to the Billings Nuisance Code on First Reading. Not 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.

The City Council is being asked to conduct a public hearing and consider amendments to the City of Billings Nuisance Code. 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 changes are meant to bring clarity and update 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 the definition language, the City should keep in its code.

In addition to discussing this item at four City Council Work Sessions, the Council also convened a Nuisance Code Working Group Meeting on August 29th to further discuss and consider amendments that would be brought back before the full Council. There was opportunity for public comment at all four Work Sessions and at the Working Group Meeting. City Administration also requested Municipal Court Judge Sheila Kolar review the proposed amendments since that is the Court where most nuisance violations are heard. There also will be opportunity for public comment at the public hearing on this item at this meeting.

The proposed amendment is consistent with the City of Billings 2016 Growth Policy under the following Growth Guidelines:

Strong Neighborhoods and Home Base:

• Neighborhoods that are safe and attractive and provide essential services are much desired.
• Public safety and emergency service response are critical to the well-being of Billings' residents
• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy, and safe
• Homes that are safe and sound support healthy community