City Weeds
A field of weeds flourishes on city property. Photo by Kootenai Valley Record.
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City cited for weed ordinance violation
by Brent Shrum, Kootenai Valley Record
July 29, 2008
A Libby police crackdown on enforcement of a local ordinance governing weeds and rubbish has resulted in the issuance of a ticket to the city itself for allowing weeds to grow unchecked on former W.R. Grace property between the railroad tracks and City Service Road.
Police issued the citation – one of 44 tickets handed out over a period of about a week – on July 14. City road foreman Corky Pape and city council member and water treatment plant manager Wally McElmurry appeared before Judge Lucille Briggs in city court the following Monday before the case was moved to the county’s justice court to avoid potential conflict.
Local Environmental Protection Agency project manager Mike Cirian accompanied Pape and McElmurry to court on Monday to help explain that the agency has advised the city not to cut the weeds because of the presence of visible vermiculite at the site of the former Grace processing plant. While contaminated buildings have been removed and tests have shown results of "non-detect" for asbestos, the presence of vermiculite still raises health concerns, Cirian said.
Spraying the weeds was considered, but Fire Chief Tom Wood has recommended against it because of the fire hazard dried-out foliage could present in close proximity to the railroad tracks, Mayor Tony Berget said.
Berget appeared in justice court last Wednesday to plead guilty to the violation and explain the situation to Judge Gary Hicks. Hicks concluded in an order that while "issues concerning the city of Libby rest squarely on the shoulders of the mayor," concerns about public safety must be the first consideration.
"It would clearly not be in the best interest of the public if the cutting of these weeds created a hazard of contamination or fire," Hicks wrote.
The judge is giving the city until Aug. 25 to find a solution to the violation "or show good cause why the issue cannot be resolved in a manner considerate to the health and safety of the public." Hicks suspended any fines until that time.
Violation of the city ordinance is classified as a misdemeanor, punishable under state law by a fine of up to $500 and/or up to six months in jail.
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Editor’s Note: See the July 28, 2008 edition of the Kootenai Valley Record for the printed version of this story. The Kootenai Valley Record publishes once a week, on Monday, in Libby, Montana. They are a locally owned community newspaper, located at 403 Mineral Avenue in Libby. For in-county and out-of-county subscription information, call 406-293-2424, or e-mail kvrecord@gmail.com.
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