8.3 Property Maintenance CodeCITY OF SALINA
REQUEST FOR CITY COMMISSION ACTION DATE TIME
04/15/2013 4:00 P.M.
ORIGINATING DEPARTMENT: FISCAL APPROVAL: AGENDA SECTION
NO: 8
BY: N/A
CITY CLERK’S OFFICE FINAL APPROVAL: ITEM
NO:
Page 1
3
BY: Lieu Ann Elsey BY: JAG
ITEM: Ordinance No. 13-10693
Second reading of Ordinance No. 13-10693 amending the Salina Code by adding Chapter 32
pertaining to Property Maintenance.
BACKGROUND:
Ordinance No. 13-10692 was passed on first reading on April 8, 2013. Since that time no comments
have been received. The ordinance between first and second reading has been revised to incorporate
changes as directed by the City Commission. An additional change has been included to Section 31-
1
RECOMMENDED ACTION:
Adopt on second reading Ordinance No. 13-10693.
Sec. 31-1007. Penalty.
(a). In addition to or as an alternative to the remedy of abatement as provided under
this chapter, any person in violation of this chapter may be prosecuted in
municipal court and subject to:
1. a fine of not less than $50 nor more than $500, except in the case of a
perennial violator as defined in this chapter, in which case the minimum
fine shall be $250;
2. a sentence of not more than six (6) months in jail;
3. such other orders as the court deems just and consistent with the purpose
and intent of this chapter; or
4. any combination thereof.
(b). Prosecution of any offender under this chapter does not limit the city’s right to
pursue assessment or collection of costs as stated in this chapter, or by other
laws.
(c). Each day that any violation shall continue shall constitute a separate offense.
(d). Any fines assessed under this Chapter shall be collected by the municipal court
administration and paid over to the general fund, except for assessments of court
costs.
Sec. 31-1007. Penalty.
(a). In addition to or as an alternative to the remedy of abatement as provided under
this chapter, any person in violation of this chapter may be prosecuted in
municipal court and subject to:
5. a fine of not less than $50 nor more than $500, except in the case of a
perennial violator as defined in this chapter, in which case the minimum
fine shall be $250;
6. a sentence of not more than six (6) months in jail;
7. such other orders as the court deems just and consistent with the purpose
and intent of this chapter; or
8. any combination thereof.
(b). Prosecution of any offender under this chapter does not limit the city’s right to
pursue assessment or collection of costs as stated in this chapter, or by other
laws.
(c). Each day that any violation shall continue shall constitute a separate offense.
(d). Any fines assessed under this Chapter shall be collected by the municipal court
administration and paid over to the general fund, except for assessments of court
costs.
Sec. 31-53.1. Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of
this chapter, the code official shall have the authority to grant modifications for
individual cases upon application of the owner or owner’s representative, provided
the code official shall first find that special individual reason makes the strict letter of
this chapter impractical and the modification is in compliance with the intent and
purpose of this chapter and that such modification does not lessen health, life and fire
safety requirements. The details of action granting modifications shall be recorded
and entered in the department files.
Sec. 31-53.2. Alternative materials, methods and equipment.
The provisions of this chapter are not intended to prevent the installation of any
material or to prohibit any method of construction not specifically prescribed by this
chapter, provided that any such alternative has been approved. An alternative material
or method of construction shall be approved where the code official finds that the
proposed design is satisfactory and complies with the intent of the provisions of this
chapter, and that the material, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this chapter in quality, strength,
effectiveness, fire resistance, durability and safety.
Sec. 31-1310. Limitations on authority. An application for appeal shall be based
upon a claim that:
(a) the true intent of the applicable code or rules legally adopted thereunder
have been incorrectly interpreted;
(b) the provisions of the applicable code do not fully apply; or
(c) that the code official have incorrectly denied a request for a modification
pursuant to section 31-53.1 or use all alternative materials, methods or equipment
pursuant to section 31-53.2 .
A BAB appeal panel shall have no authority to waive requirements of any codes duly
adopted or amended by this chapter.
ORDINANCE NUMBER 13-10693
AN ORDINANCE AMENDING THE SALINA CODE BY ADDING CHAPTER 32
PERTAINING TO PROPERTY MAINTENANCE, AMENDING SECTIONS 34-22, 39-75,
AND 39-76 BY UPDATING CROSS REFERENCES TO THE PROPERTY
MAINTENANCE CODE, AND REPEALING EXISTING ARTICLES IV, V, AND VII OF
CHAPTER 8, CHAPTER 18, ARTICLE I OF CHAPTER 24, SECTIONS 34-22, 34-25, 34-27,
34-28, AND 34-30 OF CHAPTER 34, SECTION 35-137 OF CHAPTER 35, AND SECTIONS
39-75 AND 39-76 OF CHAPTER 39.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Amendment. That Chapter 32 of the Salina Code is hereby amended and reads as
follows:
ARTICLE I. DEFINITIONS
Sec. 31-1. Scope.
Unless otherwise expressly stated, the following terms shall, for the purposes of this chapter,
have the meanings shown herein.
Sec. 31-2. Interchangeability.
Words stated in the present tense include the future; words stated in the masculine gender
include the feminine and neuter; the singular number includes the plural and the plural, the
singular.
Sec. 31-3. Terms defined in other codes.
Where terms are not defined in this chapter and are defined in the Salina Code, such terms shall
have the meanings ascribed to them as stated in the Salina Code.
Sec. 31-4. Terms not defined.
Where terms are not defined through the methods authorized by this chapter, such terms shall
have ordinarily accepted meanings such as the context implies.
Sec. 31-5. Parts.
Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,”
“rooming unit,” “housekeeping unit” or “story” are stated in this chapter, they shall be construed
as though they were followed by the words “or any part thereof.”
Sec. 31.6. Definitions.
Whenever used in this chapter, the following terms shall be defined as follows:
(1) AGENT. Any person or entity listed in the Saline County, Kansas, Appraiser's Office
or Treasurer's Office for the purpose of paying taxes; a registered agent with the Kansas
Secretary of State's Office for corporate or partnership ownership; an agent or manager
directed by the property owner, estate, or court order to represent the interests of the
property or to otherwise control activities on the property, or a corporate officer.
(2) ANCHORED. Secured in a manner that provides positive connection.
(3) APPROVED. Approved by the code official.
(4) BASEMENT. That portion of a building which is partly or completely below grade.
(5) BATHROOM. A room containing plumbing fixtures including a bathtub or shower.
(6) BEDROOM. Any room or space used or intended to be used for sleeping purposes in
either a dwelling or sleeping unit.
(7) CODE OFFICIAL. The official who is charged with the administration and
enforcement of this chapter, or any duly authorized representative.
(8) CONDEMN. To adjudge unfit for occupancy or use.
(9) DETACHED. When a structural element is physically disconnected from another and
that connection is necessary to provide a positive connection.
(10) DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose
effectiveness.
(11) DWELLING UNIT. A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
(12) EASEMENT. That portion of land or property reserved for present or future use by a
person or agency other than the legal fee owner(s) of the property. The easement shall
be permitted to be for use under, on or above a said lot or lots.
(13) EQUIPMENT SUPPORT. Those structural members or assemblies of members or
manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles,
that transmit gravity load, lateral load and operating load between the equipment and
the structure.
(14) EXTERIOR PROPERTY. The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
(15) GARBAGE. The animal or vegetable waste resulting from the handling, preparation,
cooking and consumption of food.
(16) GOOD WORKING ORDER. Maintained in such a manner that said element is
capable of safely and reliably performing the intended function without need for
further intervention, maintenance or repair.
(17) GUARD. A building component or a system of building components located at or near
the open sides of elevated walking surfaces that minimizes the possibility of a fall from
the walking surface to a lower level.
(18) HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are
not considered habitable spaces.
(19) HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable
space equipped and intended to be used for living, sleeping, cooking and eating which
does not contain, within such a unit, a toilet, lavatory and bathtub or shower.
(20) IMMINENT DANGER. A condition which could cause serious or life-threatening
injury or death at any time.
(21) INFESTATION. The presence, within or contiguous to, a structure or premises of
insects, rats, vermin or other pests.
(22) INOPERABLE VEHICLE. A vehicle, trailer or rolling equipment which cannot be
readily used for its intended purpose for reasons including but not limited to being
abandoned, a motorized vehicle incapable of moving under its own power without
assistance, maintenance or repair, or a trailer or rolling equipment intended to be
towed or transported that is unable to be towed or loaded without maintenance or
repair.
(23) LABELED. Equipment, materials or products to which have been affixed a label, seal,
symbol or other identifying mark of a nationally recognized testing laboratory,
inspection agency or other organization concerned with product evaluation that
maintains periodic inspection of the production of the above labeled items and whose
labeling indicates either that the equipment, material or product meets identified
standards or has been tested and found suitable for a specified purpose.
(24) LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or
occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by
a person who is or is not the legal owner of record thereof, pursuant to a written or
unwritten lease, agreement or license, or pursuant to a recorded or unrecorded
agreement of contract for the sale of land.
(25) LIMIT STATE. Condition in which a structure or component becomes unfit for
service and is judged either to be no longer useful for its intended function
(serviceability limit state) or to have reached its ultimate load-carrying capacity
(strength limit state).
(26) NEGLECT. The lack of proper maintenance for a building, structure or premises.
(27) NOXIOUS WEEDS. Plants or vegetation identified by the State of Kansas as
noxious weeds such as but not limited to kudzu (Pueraria lobata), field bindweed
(Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria
draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge
(Euphorbia esula), bur ragweed (Ambrosia grayii), pignut (Hoffmannseggia
densiflora), musk (nodding) thistle (Carduus nutans L.), Johnson grass (Sorghum
halepense) and sericea lespedeza (Lespedeza cuneata).
(28) OCCUPANCY. The purpose for which a building or portion thereof is utilized or
occupied.
(29) OCCUPANT, TENANT. The words "tenant" and "occupant" applied to a building or
land, mean any person who occupies the whole or a part of such building or land,
whether alone or with others.
(30) OPENABLE AREA. That part of a window, skylight or door which is available for
unobstructed ventilation and which opens directly to the outdoors.
(31) OPERATOR. Any person who has charge, care or control of a structure or premises
which is let or offered for occupancy.
(32) OWNER. Any person, agent, operator, firm or corporation having a legal or equitable
interest in the property; or recorded in the official records of the state, county or
municipality as holding title to the property; or otherwise having control of the
property, including the guardian of the estate of any such person, and the executor or
administrator of the estate of such person if ordered to take possession of real property
by a court.
(33) PERENNIAL VIOLATOR. Any person who shows a pattern of failing to comply
with this chapter which may be shown by three or more notices of abatement, notices
of costs, or previous violations of this chapter within the preceding 12 months.
(34) PERSON. An individual, corporation, partnership or any other group acting as a unit.
(35) PEST ELIMINATION. The control and elimination of insects, rodents or other pests
by eliminating their harborage places; by removing or making inaccessible materials
that serve as their food or water; by other approved pest elimination methods.
(36) PREMISES. A lot, plot or parcel of land, easement or public way, including any
structures thereon.
(37) PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed
from the ground to the sky, which is deeded, dedicated or otherwise permanently
appropriated to the public for public use.
(38) ROOMING HOUSE. A building arranged or occupied for lodging, with or without
meals, for compensation and not occupied as a one- or two-family dwelling.
(39) ROOMING UNIT. Any room or group of rooms forming a single habitable unit
occupied or intended to be occupied for sleeping or living, but not for cooking
purposes.
(40) RUBBISH. Combustible and noncombustible waste materials, except garbage; the
term shall include the residue from the burning of wood, coal, coke and other
combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and
dust and other similar materials.
(41) SALINA CODE. All recognized standard codes and local amendments and local
regulations adopted by the City of Salina in the Salina Code of Ordinances.
(42) SANITARY CONDITION. Free from and not conducive to the accumulation of
elements that endanger health such as but not limited to dirt, germs and filth.
(43) SLEEPING UNIT. A room or space in which people sleep, which can also include
permanent provisions for living, eating and either sanitation or kitchen facilities, but
not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping
units.
(44) STRUCTURE. That which is built or constructed or a portion thereof.
(45) TENANT, OCCUPANT. The words "tenant" and "occupant" applied to a building or
land, mean any person who occupies the whole or a part of such building or land,
whether alone or with others.
(46) TOILET ROOM. A room containing a water closet or urinal but not a bathtub or
shower.
(47) ULTIMATE DEFORMATION. The deformation at which failure occurs and which
shall be deemed to occur if the sustainable load reduces to 80 percent or less of the
maximum strength.
(48) VENTILATION. The natural or mechanical process of supplying conditioned or
unconditioned air to, or removing such air from, any space.
(49) WEEDS. All grasses, annual plants and vegetation, other than trees or shrubs
provided; however, this term shall not include cultivated flowers and gardens or
vegetation required to stabilize soil on steep slopes in excess of 2:1 which cannot be
mowed.
(50) WORKMANLIKE. The quality of work that would be done by a worker of average
skill and intelligence; e.g., generally plumb, level, square, in line, undamaged and
without marring adjacent work, sufficient to reliably perform its intended purpose and
acceptable in appearance.
(51) YARD. An open space on the same lot with a structure.
Secs. 31-6--31-24. Reserved.
ARTICLE II. ADMINISTRATION & GENERAL APPLICATION
DIVISION 1. SCOPE & APPLICATION
Sec. 31-25. Title.
The regulations contained within Chapter 31 shall be known as the Property Maintenance Code
of the City of Salina, hereinafter referred to as “this chapter.”
Sec. 31-26. Scope.
The provisions of this chapter shall apply to all existing structures and all existing premises and
constitute minimum requirements and standards for premises, structures, equipment and
facilities for light, ventilation, space, heating, sanitation, protection from the elements, life
safety, safety from fire and other hazards, and for safe and sanitary maintenance; the
responsibility of owners, operators, occupants and tenants; the occupancy of existing structures
and premises, and for administration, enforcement and penalties.
Sec. 31-27. Intent.
This chapter shall be construed to secure its expressed intent, which is to ensure public health,
safety and welfare insofar as they are affected by the continued occupancy and maintenance of
structures and premises. Existing structures and premises that do not comply with these
provisions shall be altered or repaired to provide a minimum level of health and safety as
required herein.
Sec. 31-28. Severability.
If a section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this
chapter.
Sec. 31-29. APPLICABILITY
Sec. 31-29.1. General.
Where there is a conflict between a general requirement and a specific requirement, the specific
requirement shall govern. Where differences occur between provisions of this chapter and the
referenced standards, the provisions of this chapter shall apply. Where, in a specific case,
different sections of this chapter specify different requirements, the most restrictive shall
govern.
Sec. 31-29.2. Application of other codes.
Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in
accordance with the procedures and provisions of the Salina Code. Nothing in this chapter shall
be construed to cancel, modify or set aside any provision of the Salina Zoning Code.
Sec. 31-29.3. Existing remedies.
The provisions in this chapter shall not be construed to abolish or impair existing remedies of
the jurisdiction or its officers or agencies relating to the removal or demolition of any structure
which is dangerous, unsafe and insanitary.
Sec. 31-29.4. Historic buildings.
The provisions of this chapter shall not be mandatory for existing buildings or structures
designated as historic buildings when the building official determines that such buildings or
structures are judged by the code official to be safe; continued maintenance of such condition is
consistent with the public interest of health, safety and welfare; and compliance with the
provisions of this chapter would require significant alteration or elimination of a historic
element in a manner that would detrimentally alter the historic nature of the element.
Sec. 31-29.5. Referenced codes and standards.
The codes and standards referenced in this chapter shall be those recognized standard codes and
local amendments and local regulations adopted by the City of Salina and defined herein as the
Salina Code. Where differences occur between provisions of this chapter and the referenced
standards, the provisions of this chapter shall apply. Exception: Where enforcement of a code
provision would violate the conditions of the listing of the equipment or appliance, the
conditions of the listing shall apply.
Sec. 31-29.6. Application of references.
References to chapter or section numbers, or to provisions not specifically identified by number,
shall be construed to refer to such chapter, section or provision of this chapter.
Sec. 31-29.7. Other laws.
The provisions of this chapter shall not be deemed to nullify any provisions of local, state or
federal law.
Secs. 31-30--31-49. Reserved.
DIVISION 2. ADMINISTRATION & ENFORCEMENT
Sec. 31-50. Appointment.
The Governing Body delegates to the city manager the authority to designate a code official to
be charged with the administration and enforcement of this chapter.
Sec. 31-51. Fees.
The fees for activities and services performed by the department in carrying out its
responsibilities under this chapter shall be as indicated in the Comprehensive Fee Schedule of
the City of Salina.
Sec. 31-52. DUTIES AND POWERS OF THE CODE OFFICIAL
Sec. 31-52.1. General.
The code official is hereby authorized and directed to enforce the provisions of this chapter. The
code official shall have the authority to render interpretations of this chapter and to adopt
policies and procedures in order to clarify the application of its provisions. Such interpretations,
policies and procedures shall be in compliance with the intent and purpose of this chapter. Such
policies and procedures shall not have the effect of waiving requirements specifically provided
for in this chapter.
Sec. 31-52.2. Inspections.
The code official shall make all of the required inspections, or shall accept reports of inspection
by approved agencies or individuals. All reports of such inspections shall be in writing and be
certified by a responsible officer of such approved agency or by the responsible individual. The
code official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the appointing authority.
Sec. 31-52.3. Right of entry.
Where it is necessary to make an inspection to enforce the provisions of this chapter, or
whenever the code official has reasonable cause to believe that there exists in a structure or
upon a premises a condition in violation of this chapter, the code official is authorized to enter
the structure or premises at reasonable times to inspect or perform the duties imposed by this
chapter, provided that if such structure or premises is occupied the code official shall present
credentials to the occupant and request entry. If such structure or premises is unoccupied, the
code official shall first make a reasonable effort to locate the owner or other person having
charge or control of the structure or premises and request entry. If entry is refused, the code
official shall have recourse to the remedies provided by law to secure entry.
Sec. 31-52.4. Identification.
The code official shall carry proper identification when inspecting structures or premises in the
performance of duties under this chapter.
Sec. 31-52.5. Notices and orders.
The code official shall issue all necessary notices or orders to ensure compliance with this
chapter.
Sec. 31-52.6. Department records.
The code official shall keep official records of all business and activities of the department
specified in the provisions of this chapter. Such records shall be retained in the official records
for the period required for retention of public records.
Sec. 31-53. APPROVAL
Sec. 31-53.1. Modifications.
Whenever there are practical difficulties involved in carrying out the provisions of this chapter,
the code official shall have the authority to grant modifications for individual cases upon
application of the owner or owner’s representative, provided the code official shall first find that
special individual reason makes the strict letter of this chapter impractical and the modification
is in compliance with the intent and purpose of this chapter and that such modification does not
lessen health, life and fire safety requirements. The details of action granting modifications shall
be recorded and entered in the department files.
Sec. 31-53.2. Alternative materials, methods and equipment.
The provisions of this chapter are not intended to prevent the installation of any material or to
prohibit any method of construction not specifically prescribed by this chapter, provided that
any such alternative has been approved. An alternative material or method of construction shall
be approved where the code official finds that the proposed design is satisfactory and complies
with the intent of the provisions of this chapter, and that the material, method or work offered is,
for the purpose intended, at least the equivalent of that prescribed in this chapter in quality,
strength, effectiveness, fire resistance, durability and safety.
Sec. 31-53.3. Required testing.
Whenever there is insufficient evidence of compliance with the provisions of this chapter, or
evidence that a material or method does not conform to the requirements of this chapter, or in
order to substantiate claims for alternative materials or methods, the code official shall have the
authority to require tests to be made as evidence of compliance at no expense to the jurisdiction.
Sec. 31-53.4. Test methods.
Test methods shall be as specified in this chapter or by other recognized test standards. In the
absence of recognized and accepted test methods, the code official shall be permitted to approve
appropriate testing procedures performed by an approved agency.
Sec. 31-53.5. Test reports.
Reports of tests shall be retained by the code official for the period required for retention of
public records.
Sec. 31-53.6. Used material and equipment.
The use of used materials which meet the requirements of this chapter for new materials is
permitted. Materials, equipment and devices shall not be reused unless such elements are in
good repair or have been reconditioned and tested when necessary, placed in good and proper
working condition and approved by the code official.
Sec. 31-53.7. Approved materials and equipment.
Materials, equipment and devices approved by the code official shall be constructed and
installed in accordance with such approval.
Sec. 31-53.8. Research reports.
Supporting data, where necessary to assist in the approval of materials or assemblies not
specifically provided for in this chapter, shall consist of valid research reports from approved
sources.
Sec. 31-54. STOP WORK ORDER
Sec. 31-54.1. Authority.
Whenever the code official finds any work being performed in violation of this chapter, the code
official is authorized to issue a stop work order.
Sec. 31-54.2. Issuance.
A stop work order shall be in writing and shall be given to the owner of the property, to the
owner’s agent, or to the person doing the work. Upon issuance of a stop work order, the cited
work shall immediately cease. The stop work order shall state the reason for the order and the
conditions under which the cited work is authorized to resume.
Sec. 31-54.3. Emergencies.
Where an emergency exists, the code official shall not be required to give a written notice prior
to stopping the work.
Secs. 31-55--31-74. Reserved.
DIVISION 3. GENERALLY APPLICABLE SUBSTANTIVE PROVISIONS
Sec. 31-75. Maintenance.
Equipment, systems, devices and safeguards required by this chapter or a previous regulation or
code under which the structure or premises was constructed, altered or repaired shall be
maintained in good working order. No owner, operator or occupant shall cause any service,
facility, equipment or utility which is required under this section to be removed from or shut off
from or discontinued for any occupied portion of a dwelling, except for such temporary
interruption as necessary while repairs or alterations are in progress. The requirements of this
chapter are not intended to provide the basis for removal or abrogation of fire protection and
safety systems and devices in existing structures. Except as otherwise specified herein, the
owner or the owner’s designated agent shall be responsible for the maintenance of buildings,
structures and premises.
Sec. 31-76. Workmanship.
Repairs, maintenance work, alterations or installations which are caused directly or indirectly by
the enforcement of this chapter shall be executed and installed in a workmanlike manner and
installed in accordance with the manufacturer’s installation instructions.
Sec. 31-77. Deputies.
In accordance with the prescribed procedures of this jurisdiction, the City Manager shall have
the authority to appoint a deputy(s) code official. Such employee(s) shall have powers as
delegated by the code official.
Sec. 31-78. Transfer of ownership.
It shall be unlawful for the owner of any dwelling unit or structure who has received a
compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of such dwelling unit or structure to another until the provisions of
the compliance order or notice of violation have been complied with, or until such owner shall
first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or
notice of violation issued by the code official and shall furnish to the code official a signed and
notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt
of such compliance order or notice of violation and fully accepting the responsibility without
condition for making the corrections or repairs required by such compliance order or notice of
violation.
Secs. 31-79--31-99. Reserved.
ARTICLE III. GENERAL
DIVISION 1. SUBSTANTIVE REQUIREMENTS
Sec. 31-100. GENERAL
Sec. 31-100.1. Scope.
The provisions of this article shall govern the minimum conditions and the responsibilities of
persons for maintenance of structures, equipment and exterior property.
Sec. 31-100.2. Responsibility.
The owner of the premises shall maintain the structures and exterior property in compliance
with these requirements, except as otherwise provided for in this chapter. A person shall not
occupy as owner-occupant or permit another person to occupy premises which are not in a
sanitary and safe condition and which do not comply with the requirements of this article.
Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in
a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping
unit or premises which they occupy and control.
Sec. 31-100.3. Vacant structures and land.
All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe,
secure and sanitary condition. The occupant shall keep that part of the exterior property which
such occupant occupies or controls in a clean and sanitary condition.
Sec. 31-101. EXTERIOR PROPERTY AREAS
Sec. 31- 101.1. Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
The occupant shall keep that part of the exterior property which such occupant occupies or
controls in a clean and sanitary condition. In addition to the provisions elsewhere in this chapter,
by way of illustration and not limitation, the following conditions, shall be eliminated or
mitigated to comply with this section.
1) The exposed carcasses of animals or fowl not disposed of after death;
2) Accumulation of animal waste;
3) Brush, limbs, trees, shrubs, or plants which are dead, diseased or infested which present
a harmful or dangerous condition to the public;
4) Exposed refrigerators, freezers, or other appliances left unsecured;
5) All odors and stenches which are disagreeable or obnoxious to a reasonable person, as
well as the conditions, substances or other causes which give rise to the emission or
generation of such odors and stenches (including rank or infested compost heaps);
6) The pollution of any well or cistern, stream, river, lake, or body of water by sewage,
dead animals, industrial wastes or other substances;
7) Smoke, gas, soot or cinders, in abnormal quantities, or any amount of noxious fumes;
8) Any rank sewage, rank septic system, rank vault or rank cesspool;
9) Any other condition which is determined to present a dangerous or harmful condition to
the public.
Sec. 31-101.2. Grading and drainage.
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the
accumulation of stagnant water thereon, or within any structure located thereon. Exception:
Retention areas and reservoirs approved by the City of Salina.
Sec. 31-101.3. Exterior sidewalks and driveways.
All sidewalks, walkways, stairs, driveways, parking spaces and similar areas located on private
exterior properties shall be kept in a proper state of repair, and maintained free from hazardous
conditions. See Section 31-700 regarding sidewalks and drive approaches within rights-of-way.
Sec. 31-101.4. Exhaust vents.
Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease,
smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or
private property or that of another tenant.
Sec. 31-101.5. Accessory structures.
All accessory structures, including detached garages, fences and walls, shall be maintained
structurally sound and in good working order.
Sec. 31-101.6. Defacement of property.
It shall be the responsibility of the owner to restore or repair any exterior surface damaged,
mutilated or defaced by any marking, carving or graffiti such that said damage mutilation,
defacement, carving or graffiti is no longer visible.
Sec. 31-102. SWIMMING POOLS, SPAS AND HOT TUBS
Sec. 31-102.1. Swimming pools.
Swimming pools shall be maintained in compliance with the Salina Code, in a clean and
sanitary condition, and in good working order.
Sec. 31-102.2. Enclosures.
Private swimming pools, hot tubs and spas, containing water more than 24 inches (610 mm) in
depth shall be completely surrounded by a fence or barrier at least 48 inches (1219 mm) in
height above the finished ground level measured on the side of the barrier away from the pool.
Gates and doors in such barriers shall be self-closing and self-latching.
Where the self-latching device is less than 54 inches (1372 mm) above the bottom of the gate,
the release mechanism shall be located on the pool side of the gate. Self-closing and self-
latching gates shall be maintained such that the gate will positively close and latch when
released from an open position of 6 inches (152 mm) from the gatepost. No existing pool
enclosure shall be removed, replaced or changed in a manner that reduces its effectiveness as a
safety barrier. Exception: Spas or hot tubs with a safety cover that complies with ASTM F 1346
shall be exempt from the provisions of this section.
Sec. 31-103. EXTERIOR STRUCTURE
Sec. 31-103.1. General.
The exterior of a structure shall be maintained in good working order, structurally sound and
sanitary so as not to pose a threat to the public health, safety or welfare.
Sec. 31-103.2. Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to
comply with the Salina Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Siding and masonry joints including joints between the building envelope and the
perimeter of windows, doors and skylights are not maintained such that the structure is
reasonably weather resistant or water tight;
5. Structural members that have evidence of deterioration or that are not capable of safely
supporting all nominal loads and load effects;
6. Foundation systems that are not firmly supported by footings which are reasonably
plumb and free from open cracks and breaks, are not anchored and maintained such that
they are capable of supporting all nominal loads and resisting all load effects;
7. Exterior walls that are not anchored to supporting and supported elements or are not
plumb and free of holes, cracks or breaks and loose or rotting materials, or are anchored
and maintained such that they are capable of supporting all nominal loads and resisting
all load effects;
8. Roofing or roofing components that have defects that admit rain, roof surfaces with
inadequate drainage, or any portion of the roof framing that is not in good working order
with signs of deterioration, fatigue or without proper anchorage and incapable of
supporting all nominal loads and resisting all load effects;
9. Flooring and flooring components with defects that affect serviceability or are not
anchored or maintained such that they are capable of supporting all nominal loads and
resisting all load effects;
10. Veneer, cornices, belt courses, corbels, trim, wall facings and similar decorative features
which present an imminent hazard by not being anchored or maintained such that they
are capable of supporting all nominal loads and resisting all load effects;
11. Overhang extensions or projections including, but not limited to, trash chutes, canopies,
marquees, signs, awnings, fire escapes, standpipes and exhaust ducts not anchored or
maintained such they are capable of supporting all nominal loads and resisting all load
effects;
12. Exterior stairs, decks, porches, balconies and all similar appurtenances attached thereto,
including guards and handrails, are not structurally sound, or not anchored and
maintained such that they are capable of supporting all nominal loads and resisting all
load effects; or
13. Chimneys, cooling towers, smokestacks and similar appurtenances not structurally sound
or not anchored or maintained such that they are capable of supporting all nominal loads
and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method or by a properly licensed design
professional.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
Sec. 31-103.3. Protective treatment.
In order to prevent becoming a blighting influence on the neighborhood and to deter weather
related structural decay, exposed exterior surfaces of metal or wood, including but not limited
to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall
be protected from the elements and against decay or rust by periodic application of weather
coating materials such as paint or similar surface treatment. Exterior wood surfaces, other than
decay resistant woods, shall be protected from the elements and decay by painting or other
protective covering or treatment. Accumulations of Peeling, flaking and chipped paint shall be
eliminated and surfaces repainted. All siding and masonry joints, as well as those between the
building envelope and the perimeter of windows, doors and skylights, shall be maintained
reasonably weather resistant and water tight. All metal surfaces subject to rust or corrosion shall
be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be
stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from
exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this
requirement.
Sec. 31-103.4. Premises identification.
Buildings shall have approved address numbers placed in a position to be plainly legible and
visible from the street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Sec. 31-103.5. Structural members.
All structural members shall be capable of safely supporting the imposed dead and live loads.
Sec. 31-103.6. Foundation walls.
All foundation walls shall be maintained reasonably plumb and reasonably free from open
cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and
other pests.
Sec. 31-103.7. Exterior walls.
All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained
weatherproof and properly surface coated where required to prevent deterioration.
Sec. 31-103.8. Roofs and drainage.
The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage
shall be adequate to prevent dampness or deterioration in the walls or interior portion of the
structure. Roof drains, gutters and downspouts shall be maintained in good working order and
free from obstructions. Roof water shall not be discharged in a manner that creates a public
nuisance.
Sec. 31-103.9. Decorative features.
All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features
shall be maintained in good working order with proper anchorage and in a safe condition.
Sec. 31-103.10. Overhang extensions.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings,
fire escapes, standpipes and exhaust ducts shall be maintained in good working order and be
properly anchored so as to be kept in a sound condition.
Sec. 31-103.11. Stairways, decks, porches and balconies.
Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall
be maintained structurally sound, in good working order, with proper anchorage and capable of
supporting the imposed loads.
Sec. 31-103.12. Chimneys and towers.
All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained
structurally safe and sound, and in good working order except as expressly permitted in Section
31-121.1. All exposed surfaces of metal or wood shall be protected from the elements and
against decay or rust by periodic application of weather coating materials, such as paint or
similar surface treatment.
Sec. 31-103.13. Handrails and guards. Every handrail and guard shall be firmly fastened and
capable of supporting normally imposed loads and shall be maintained in good working order.
Sec. 31-103.14. Window, skylight and door frames.
Every window, skylight, door and frame shall be kept in sound condition, good working order
and weather tight.
Sec. 31-103.15. Glazing.
All glazing materials shall be maintained free from cracks and holes.
Sec. 31-103.16. Openable windows.
Every window, other than a fixed window, shall be easily openable and capable of being held in
position by window hardware.
Sec. 31-103.17. Insect screens.
Every window and other outside opening required for ventilation of habitable rooms, food
preparation areas, food service areas or any areas where products to be included or utilized in
food for human consumption are processed, manufactured,
packaged or stored shall be supplied with approved tightly fitting screens of not less than 16
mesh per inch (16mesh per 25 mm), and every screen door used for insect control shall have a
self-closing device in good working order. Exception: Screens shall not be required where other
approved means, such as air curtains or insect repellent fans, are employed.
Sec. 31-103.18. Doors.
All exterior doors, door assemblies and hardware shall be maintained in good working order.
Locks at all entrances to dwelling units and sleeping units shall tightly secure the door. Locks on
means of egress doors shall be in accordance with Section 31-127.3.
Sec. 31-103.19. Basement hatchways.
Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and
surface drainage water.
Sec. 31-103.20. Building security.
Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be
provided with devices designed to provide security for the occupants and property within.
Sec. 31-104. INTERIOR STRUCTURE
Sec. 31-104.1. General.
The interior of a structure and equipment therein shall be maintained in good working order,
structurally sound and in a sanitary condition. Occupants shall keep that part of the structure
which they occupy or control in a clean and sanitary condition. Every owner of a structure
containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling
units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary
condition, the shared or public areas of the structure and exterior property.
Sec. 31-104.2. Unsafe conditions.
The following conditions shall be determined as unsafe and shall be repaired or replaced to
comply with the Salina Code as required for existing buildings:
1. The nominal strength of any structural member is exceeded by nominal loads, the load
effects or the required strength;
2. The anchorage of the floor or roof to walls or columns, and of walls and columns to
foundations is not capable of resisting all nominal loads or load effects;
3. Structures or components thereof that have reached their limit state;
4. Structural members are incapable of supporting nominal loads and load effects;
5. Stairs, landings, balconies and all similar walking surfaces, including guards and
handrails, are not structurally sound, not properly anchored or are anchored with
connections not capable of supporting all nominal loads and resisting all load effects;
6. Foundation systems that are not firmly supported by footings which are reasonably
plumb and free from open cracks and breaks or are not anchored and maintained such
that they are capable of supporting all nominal loads and resisting all load effects.
Exceptions:
1. When substantiated otherwise by an approved method or by a properly licensed design
professional.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
Sec. 31-104.3. Structural members.
All structural members shall be maintained structurally sound, and be capable of supporting the
imposed loads.
Sec. 31-104.4. Interior surfaces.
Interior surfaces, including windows and doors, shall be maintained in reasonably clean and
sanitary condition. Accumulations of peeling, chipping, flaking or abraded paint shall be
repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective
surface conditions shall be corrected.
Sec. 31-104.5. Stairs and walking surfaces.
Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in
good working order.
Sec. 31-104.6. Handrails and guards.
Every handrail and guard shall be firmly fastened and capable of supporting normally imposed
loads and shall be maintained in good working order.
Sec. 31-104.7. Interior doors.
Every interior door shall fit reasonably well within its frame and shall be capable of being
opened and closed by being properly and securely attached to jambs, headers or tracks as
intended by the manufacturer of the attachment hardware.
Sec. 31-105. COMPONENT SERVICEABILITY
Sec. 31-105.1. General.
The components of a structure and equipment therein shall be maintained in good working order
and structurally sound condition.
Sec. 31-105.2. Unsafe conditions.
Where any of the following conditions cause the component or system to be beyond its limit
state, the component or system shall be determined as unsafe and shall be repaired or replaced to
comply with the Salina Code as required for existing buildings:
1. Soils that have been subjected to any of the following conditions:
1.1. Collapse of footing or foundation system;
1.2. Damage to footing, foundation, concrete or other structural element due to soil
expansion;
1.3. Adverse effects to the design strength of footing, foundation, concrete or other
structural element due to a chemical reaction from the soil;
1.4. Inadequate soil as determined by a geotechnical investigation;
1.5. Where the allowable bearing capacity of the soil is in doubt; or
1.6. Adverse effects to the footing, foundation, concrete or other structural element due
to the ground water table.
2. Structural Concrete that has been subjected to any of the following conditions:
2.1. Deterioration;
2.2. Ultimate deformation;
2.3. Fractures;
2.4. Fissures;
2.5. Spalling;
2.6. Exposed reinforcement; or
2.7. Detached, dislodged or failing connections.
3. Structural Aluminum that has been subjected to any of the following conditions:
3.1. Deterioration;
3.2. Corrosion;
3.3. Elastic deformation;
3.4. Ultimate deformation;
3.5. Stress or strain cracks;
3.6. Joint fatigue; or
3.7. Detached, dislodged or failing connections.
4. Structural Masonry that has been subjected to any of the following conditions:
4.1. Deterioration;
4.2. Ultimate deformation;
4.3. Fractures in masonry or mortar joints;
4.4. Fissures in masonry or mortar joints;
4.5. Spalling;
4.6. Exposed reinforcement; or
4.7. Detached, dislodged or failing connections.
5. Structural Steel that has been subjected to any of the following conditions:
5.1. Deterioration;
5.2. Elastic deformation;
5.3. Ultimate deformation;
5.4. Metal fatigue; or
5.5. Detached, dislodged or failing connections.
6. Structural Wood that has been subjected to any of the following conditions:
6.1. Ultimate deformation;
6.2. Deterioration;
6.3. Damage from insects, rodents and other vermin;
6.4. Fire damage beyond charring;
6.5. Significant splits and checks;
6.6, Horizontal shear cracks;
6.7. Vertical shear cracks;
6.8. Inadequate support;
6.9. Detached, dislodged or failing connections; or
6.10. Excessive cutting and notching.
Exceptions:
1. When substantiated otherwise by an approved method or by an appropriately licensed
design professional.
2. Demolition of unsafe conditions shall be permitted when approved by the code official.
Sec. 31-106. HANDRAILS AND GUARDRAILS
Sec. 31-106.1. General.
Every exterior and interior flight of stairs having more than four risers shall have a handrail on
one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or
other walking surface which is more than 30 inches (762 mm) above the floor or grade below
shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42
inches (1067 mm) high measured vertically above the nosing of the tread or above the finished
floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high
above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
Exception: Guards shall not be required where exempted by the Salina Code.
Sec. 31-107. RUBBISH AND GARBAGE
Sec. 31-107.1. Accumulation of rubbish or garbage.
All exterior property and premises, and the interior of every structure, shall be free from any
accumulation of rubbish or garbage.
Sec. 31-107.2. Disposal of rubbish.
Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by
placing such rubbish in approved containers.
Sec. 31-107.3. Refrigerators.
Refrigerators and similar equipment not in operation shall not be discarded, abandoned or stored
on premises without first removing the doors.
Sec. 31-107.4. Disposal of garbage.
Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing
such garbage in an approved garbage disposal facility or approved garbage containers.
Sec. 31-108. PEST ELIMINATION
Sec. 31-108.1. Rodent harborage.
All structures and exterior property shall be kept free from rodent harborage and infestation.
Where rodents are found, they shall be promptly exterminated by approved processes which will
not be injurious to human health. After pest elimination, proper precautions shall be taken to
eliminate rodent harborage and prevent reinfestation.
Sec. 31-108.2. Owner.
The owner of any structure shall be responsible for pest elimination within the structure prior to
renting or leasing the structure. If infestation is caused by failure of an occupant to prevent such
infestation in the area occupied, the occupant and owner shall be responsible for pest
elimination.
Sec. 31-108.3. Occupant.
The occupant of any structure shall be responsible for the continued rodent and pest-free
condition of the structure. Exception: Where the infestations are caused by defects in the
structure, the owner shall be responsible for pest elimination.
Sec. 31-109. LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS,
GENERALLY, GENERALLY.
Sec. 31-109.1. Scope.
The provisions of Section 31-110, Section 31-111 & Section 31-112 shall govern the minimum
conditions and standards for light, ventilation and space for occupying a structure.
Sec. 31-109.2. Responsibility.
The owner of the structure shall provide and maintain light, ventilation and space conditions in
compliance with Sections 31-110, Section 31-111 & Section 31-112.
Sec. 31-109.3. Alternative devices.
In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the Salina Code shall be permitted.
Sec. 31-110. LIGHT
Sec. 31-110.1. Common halls and stairways.
Every common hall and stairway in residential occupancies, other than in one- and two-family
dwellings, shall be lighted at all times with at least 1 foot candle of light at the walking surface.
In other than residential occupancies, means of egress, including exterior means of egress,
stairways shall be illuminated at all times the building space served by the means of egress is
occupied with a minimum of 1 footcandle (11 lux) at floors, landings and treads.
Sec. 31-110.2. All Other spaces.
All other spaces shall be provided with natural or artificial light sufficient to permit the
maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the
appliances, equipment and fixtures.
Sec. 31-111. VENTILATION
Sec. 31-111.1. Bathrooms and toilet rooms.
Every bathroom and toilet room shall comply with the Salina Code requirements for residential
bathrooms, except that a window shall not be required in such spaces equipped with a Salina
Code complaint mechanical ventilation system.
Sec. 31-111.2. Process ventilation.
Where injurious, toxic, irritating or noxious fumes, gases, dusts or mists are generated, a local
exhaust ventilation system shall be provided to remove the contaminating agent at the source.
Air shall be exhausted to the exterior and not be recirculated to any space.
Sec. 31-112. OCCUPANCY LIMITATIONS
Sec. 31-112.1. Privacy.
Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be
arranged to provide privacy and be separate from other adjoining spaces.
Sec. 31-112.2. Access from bedrooms.
Bedrooms shall not constitute the only means of access to other bedrooms or habitable spaces
and shall not serve as the only means of egress from other habitable spaces. Exception: Units
that contain fewer than two bedrooms.
Sec. 31-112.3. Prohibited occupancy.
Kitchens and nonhabitable spaces shall not be used for sleeping purposes.
Sec. 31-112.4. Other requirements.
Bedrooms shall comply with the applicable provisions of this chapter including, but not limited
to, the light, ventilation, requirements of Section 31-109; the plumbing facilities requirements of
Section 31-113; the water-heating facilities requirements of Section 31-117.4; the heating
facilities requirements of Section 31-121; the electrical receptacle requirements of Section 31-
123; the smoke detector requirements of Section 31- 129 and the emergency escape
requirements of Section 31-127.
Sec. 31-112.5. Efficiency unit.
Nothing in this section shall prohibit an efficiency living unit which meets the following
requirements:
1. A unit occupied by not more than two occupants shall have a clear floor area of not less
than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear
floor area of not less than 320 square feet (29.7 m2). These required areas shall be
exclusive of the areas required by Items 2 and 3.
2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration
facilities, each having a clear working space of not less than 30 inches (762 mm) in
front.
3. The unit shall be provided with a separate bathroom containing a water closet, lavatory
and bathtub or shower.
4. Light and ventilation conforming to this chapter shall be provided.
5. The maximum number of occupants shall be three.
Sec. 31-113. PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
Sec. 31-113.1. Scope.
The provisions of Section 31-113, Section 31-114, Section 31-115, Section 31-116, Section 31-
117 and Section 31-118 shall govern the minimum plumbing systems, facilities and plumbing
fixtures to be provided.
Sec. 31-113.2. Responsibility.
The owner of the structure shall provide and maintain such plumbing facilities and plumbing
fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or
permit another person to occupy any structure or premises which does not comply with the
requirements of Section 31-114. Section 31-115, Section 31-116, Section 31-117 and Section
31-118.
Sec. 31-114. REQUIRED FACILITIES
Sec. 31-114.1. Dwelling units.
Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen
sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be
placed in the same room as the water closet or located in close proximity to the door leading
directly into the room in which such water closet is located. A kitchen sink shall not be used as a
substitute for the required lavatory.
Sec. 31-114.2. Rooming houses.
At least one water closet, lavatory and bathtub or shower shall be supplied for each four
rooming units.
Sec. 31-114.3. Hotels.
Where private water closets, lavatories and baths are not provided, one water closet, one
lavatory and one bathtub or shower having access from a public hallway shall be provided for
each ten occupants.
Sec. 31-114.4. Employees’ facilities.
A minimum of one water closet and one lavatory shall be available to employees.
Sec. 31-114.4.1. Location of employee toilet facilities.
The required toilet facilities shall be located not more than one story above or below the
employees’ working area and the path of travel to such facilities shall not exceed a distance of
500 feet (152 m). Employee facilities shall either be separate facilities or combined employee
and public facilities.
Sec. 31-114.5. Public toilet facilities.
Required public toilet facilities shall be maintained in a safe sanitary and working condition in
accordance with the Salina Code. Except for periodic maintenance or cleaning, public access
and use shall be provided to the toilet facilities at all times during occupancy of the premises.
Sec. 31-115. TOILET ROOMS
Sec. 31-115.1. Privacy.
Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway
to a hall or other space, or to the exterior. A door and interior locking device shall be provided
for all common or shared bathrooms and toilet rooms in a multiple dwelling.
Sec. 31-115.2. Location.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or
housekeeping units, shall have access by traversing not more than one flight of stairs and shall
have access from a common hall or passageway.
Sec. 31-115.3. Floor surface.
In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard,
nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
Sec. 31-116. PLUMBING SYSTEMS AND FIXTURES
Sec. 31-116.1. General.
Required plumbing fixtures shall be properly installed and maintained in a safe and sanitary
condition and shall be in good working order. All functioning plumbing fixtures shall be kept
free from obstructions, leaks and defects and be capable of performing the function for which
such plumbing fixtures are designed.
Sec. 31-116.2. Plumbing system hazards.
Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or
the structure by reason of inadequate service, inadequate venting, cross connection, back
siphonage, improper installation, deterioration or damage or for similar reasons, the code
official shall require the defects to be corrected to eliminate the hazard.
Sec. 31-117. WATER SYSTEM
Sec. 31-117.1. General.
Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing
fixture shall be properly connected to either a public water system or to an approved private
water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be
supplied with hot or tempered and cold running water in accordance with the Salina Code.
Sec. 31-117.2. Contamination.
The water supply shall be maintained free from contamination, and all water inlets for plumbing
fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor
sink faucets and other hose bibs or faucets to which hoses are attached and left in place, shall be
protected by an approved atmospheric-type vacuum breaker or an approved permanently
attached hose connection vacuum breaker.
Sec. 31-117.3. Supply.
The water supply system shall be installed and maintained to provide a supply of water to
plumbing fixtures, devices and appurtenances in sufficient volume and at pressures adequate to
enable the fixtures to function properly, safely, and free from defects and leaks.
Sec. 31-117.4. Water heating facilities.
Water heating facilities shall be properly installed, maintained and capable of providing an
adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and
laundry facility at a temperature of not less than 110°F (43°C). A gas-burning water heater shall
not be located in any bathroom, toilet room, bedroom or other occupied room normally kept
closed, unless adequate combustion air is provided. An approved combination temperature and
pressure-relief valve and relief valve discharge pipe shall be properly installed and maintained
on water heaters.
Sec. 31-118. SANITARY DRAINAGE SYSTEM
Sec. 31-118.1. General.
All plumbing fixtures shall be properly connected to either a public sewer system or to an
approved private sewage disposal system.
Sec. 31-118.2. Private wastewater disposal system.
Where a public sanitary sewer is not available under the provisions of section 41-114, the
building sewer shall be connected to a private wastewater disposal system complying with the
provisions of this article.
Sec. 31-118.3. Maintenance.
Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from
obstructions, leaks and defects.
Sec. 31-118.4. Grease interceptors.
Where it has been determined that a grease interceptor is not being maintained and serviced as
intended by this chapter, the manufacturer’s instructions or applicable local requirements, an
approved interceptor monitoring system shall be provided or a maintenance program shall be
established with documentation submitted to the code official or their designee.
Sec. 31-119. STORM DRAINAGE
Sec. 31-119.1. General.
Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall
not be discharged in a manner that creates a public nuisance.
Sec. 31-120. MECHANICAL AND ELECTRICAL REQUIREMENTS
Sec. 31-120.1. Scope.
The provisions of Section 31-121 and Section 31-122 shall govern the minimum mechanical and
electrical facilities and equipment to be provided.
Sec. 31-120.2. Responsibility.
The owner of the structure shall provide and maintain mechanical and electrical facilities and
equipment in compliance with these requirements. A person shall not occupy as owner-occupant
or permit another person to occupy any premises which, in the opinion of the Code Official
constitutes a safety hazard due to failure to comply with the requirements of Section 31-121 and
Section 31-122.
Sec. 31-121. MECHANICAL EQUIPMENT
Sec. 31-121.1. Mechanical appliances.
All mechanical appliances, fireplaces, solid fuel-burning appliances, cooking appliances and
water heating appliances shall be properly installed and maintained in a safe working condition,
and shall be capable of performing the intended function. Exception: mechanical appliances,
fireplaces, solid fuel-burning appliances, cooking appliances and water heating appliances
secured and permanently removed from service such that they are incapable of producing
combustion gases.
Sec. 31-121.2. Removal of combustion products.
All fuel-burning equipment and appliances shall be connected to a Salina Code compliant
chimney or vent. Exception: Fuel-burning equipment and appliances which are labeled for
unvented operation.
Sec. 31-121.3. Clearances.
All required clearances to combustible materials shall be maintained.
Sec. 31-121.4. Safety controls.
All safety controls for fuel-burning equipment shall be maintained in effective operation.
Sec. 31-121.5. Combustion air.
A supply of air for complete combustion of the fuel and for ventilation of the space containing
the fuel-burning equipment shall be provided for the fuel-burning equipment.
Sec. 31-121.6. Energy conservation devices.
Devices intended to reduce fuel consumption by attachment to a fuel-burning appliance, to the
fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed
unless labeled for such purpose and the installation is specifically approved.
Sec. 31-122. ELECTRICAL FACILITIES
Sec. 31-122.1. Facilities required.
Every occupied building shall be provided with an electrical system in compliance with the
requirements of this section and Section 31-123.
Sec. 31-122.2. Service.
The size and usage of appliances and equipment shall serve as a basis for determining the need
for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-
wire, 120/240 volt, single-phase electrical service having a rating of not less than 60 amperes.
Sec. 31-122.3. Electrical system hazards.
Where it is found that the electrical system in a structure constitutes a hazard to the occupants or
the structure by reason of inadequate service, improper fusing, insufficient receptacle and
lighting outlets, improper wiring or installation, deterioration or damage, or for similar reasons,
the code official shall require the defects to be corrected to eliminate the hazard.
Sec. 31-122.4. Abatement of electrical hazards associated with water exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and
equipment that have been exposed to water.
Sec. 31-122.5. Electrical equipment.
Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable,
flexible cords, wiring devices, ground fault circuit interrupters, surge protectors, molded case
circuit breakers, low-voltage fuses, luminaires, ballasts, motors and electronic control, signaling
and communication equipment otherwise subject to the Salina Code that have been exposed to
water shall be replaced in accordance with the provisions of the Salina Code.
Exception: Equipment shall be allowed to be repaired where a written inspection report from the
equipment manufacturer, approved manufacturer’s representative or licensed electrician
indicates that the equipment has not sustained damage that requires replacement.
Sec. 31-122.6. Abatement of electrical hazards associated with fire exposure.
The provisions of this section shall govern the repair and replacement of electrical systems and
equipment that have been exposed to fire.
Sec. 31-122.7. Electrical equipment.
Electrical switches, receptacles and fixtures, including furnace, water heating, security system
and power distribution circuits that have been exposed to fire, shall be replaced in accordance
with the provisions of the International Building Code.
Exception:
Electrical switches, receptacles and fixtures shall be allowed to be repaired where a written
inspection report from the equipment manufacturer, approved manufacturer’s representative or
licensed electrician indicates that the equipment has not sustained damage that requires
replacement.
Sec. 31-123. ELECTRICAL EQUIPMENT
Sec. 31-123.1. Installation.
All electrical equipment, wiring and appliances shall be properly installed and maintained in a
safe and approved manner.
Sec. 31-123.2. Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle
outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle
with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any
new bathroom receptacle outlet shall have ground fault circuit interrupter protection.
Sec. 31-123.3. Luminaires.
Every public hall, interior stairway, toilet room, kitchen, bathroom, laundry room, boiler room
and furnace room shall contain at least one electric luminaire.
Sec. 31-124. ELEVATORS, ESCALATORS AND DUMBWAITERS
Sec. 31-124.1. General.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1.
Sec. 31-124.2. Elevators.
In buildings equipped with passenger elevators, at least one elevator shall be maintained in
operation at all times when the building is occupied.
Exception: Buildings equipped with only one elevator shall be permitted to have the elevator
temporarily out of service for testing or servicing.
Sec. 31-125. DUCT SYSTEMS
Sec. 31-125.1. General.
Duct systems shall be maintained free of obstructions and shall be capable of performing the
required function.
Sec. 31-126. FIRE SAFETY REQUIREMENTS
Sec. 31-126.1. GENERAL
Sec. 31-126.2. Scope.
The provisions of Section 31-127, Section 31-128 and Section 31-129 shall govern the
minimum conditions and standards for fire safety relating to structures and exterior premises,
including fire safety facilities and equipment to be provided.
Sec. 31-126.3. Responsibility.
The owner of the premises shall provide and maintain such fire safety facilities and equipment
in compliance with these requirements. A person shall not occupy as owner-occupant or permit
another person to occupy any premises that do not comply with the requirements of Section 31-
127, Section 31-128 and Section 31-129.
Sec. 31-127. MEANS OF EGRESS
Sec. 31-127.1. General.
A safe, continuous and unobstructed path of travel shall be provided from any point in a
building or structure to the public way. Means of egress shall comply with the International Fire
Code as locally adopted and amended.
Sec. 31-127.2. Aisles.
The required width of aisles in accordance with the International Fire Code as locally adopted
and amended shall be unobstructed.
Sec. 31-127.3. Locked doors.
All means of egress doors shall be readily openable from the side from which egress is to be
made without the need for keys, special knowledge or effort, except where the door hardware
conforms to that permitted by the International Building Code as locally adopted and amended.
Sec. 31-127.4. Emergency escape openings.
Required emergency escape openings shall be maintained in accordance with the code in effect
at the time of construction, and the following:
1. Required emergency escape and rescue openings shall be operational from the inside of
the room without the use of keys or tools.
2. Bars, grilles, grates or similar devices are permitted to be placed over emergency escape
and rescue openings provided the minimum net clear opening size complies with the
code that was in effect at the time of construction and such devices shall be releasable or
removable from the inside without the use of a key, tool or force greater than that which
is required for normal operation of the escape and rescue opening.
Sec. 31-128. FIRE-RESISTANCE RATINGS
Sec. 31-128.1. Fire-resistance-rated assemblies.
The required fire-resistance rating of fire-resistance-rated walls, fire stops, shaft enclosures,
partitions and floors shall be maintained.
Sec. 31-128.2. Opening protectives.
Required opening protectives shall be maintained in an operative condition. All fire and
smokestop doors shall be maintained in operable condition. Fire doors and smoke barrier doors
shall not be blocked or obstructed or otherwise made inoperable.
Sec. 31-129. FIRE PROTECTION SYSTEMS
Sec. 31-129.1. General.
All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a
fire or any combination thereof shall be maintained in an operable condition at all times in
accordance with the International Fire Code as locally adopted and amended.
Sec. 31-129.2. Automatic sprinkler systems.
Inspection, testing and maintenance of automatic sprinkler systems shall be in accordance with
NFPA 25.
Sec. 31-129.3. Smoke alarms.
Single- or multiple-station smoke alarms shall be installed and maintained in Groups R-2, R-3,
R-4 and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of
the following locations:
1. On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of
bedrooms.
2. In each room used for sleeping purposes.
3. In each story within a dwelling unit, including basements and cellars but not including
crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and
without an intervening door between the adjacent levels, a smoke alarm installed on the
upper level shall suffice for the adjacent lower level provided that the lower level is less
than one full story below the upper level. Single- or multiple-station smoke alarms shall
be installed in other groups in accordance with the International Fire Code as locally
adopted and amended.
Sec. 31-129.4. Power source.
In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station
smoke alarms shall receive their primary power from the building wiring provided that such
wiring is served from a commercial source and shall be equipped with a battery backup. Smoke
alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a
disconnecting switch other than as required for overcurrent protection.
Exception:
Smoke alarms are permitted to be solely battery operated in buildings where no construction
which requires a building permit is taking place, buildings that are not served from a
commercial power source and in existing areas of buildings undergoing alterations or repairs
that do not result in the removal of interior wall or ceiling finishes exposing the structure, unless
there is an attic, crawl space or basement available which could provide access for building
wiring without the removal of interior finishes.
Sec. 31-129.5. Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling unit
in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke
alarms shall be interconnected in such a manner that the activation of one alarm will activate all
of the alarms in the individual unit. The alarm shall be clearly audible in all bedrooms over
background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings which are not undergoing alterations, repairs
or construction which require a building permit or for which the cost of installing
required interconnection would exceed 15% of said alterations, repairs or construction.
2. Smoke alarms in existing areas are not required to be interconnected where wireless
interconnection is not practically feasible and alterations or repairs do not result in the
removal of interior wall or ceiling finishes exposing the structure, unless there is an attic,
crawl space or basement available which could provide access for interconnection
without the removal of interior finishes.
Sec. 31-130. BOARDING STANDARD
Sec. 31-130.1. General.
All unsecured windows and doors shall be boarded in an approved manner to prevent entry by
unauthorized persons and boarding and related installation or repairs shall be painted to
correspond to the color of the existing structure if the boarding, related installation or repairs
remains in place for greater than sixty (60) days .
Sec. 31-130.2. MATERIALS
Sec. 31-130.2.1. Boarding sheet material.
Boarding sheet material shall be minimum 7/16-inch (11.1 mm) thick wood structural panels
complying with the International Building Code as locally adopted and amended.
Sec. 31-130.2.2. Boarding framing material.
Boarding framing material shall be minimum nominal 2-inch by 4-inch (51 mm by 102 mm)
solid sawn lumber complying with the International Building Code, as locally adopted and
amended.
Sec. 31-130.2.3. Boarding fasteners.
Boarding fasteners shall be construction screws or carriage bolts of such a length and strength as
required to penetrate the assembly and as required to adequately secure the boarding materials
Sec. 31-130.3. INSTALLATION
Sec. 31-130.3.1. Boarding installation.
The boarding installation shall be in accordance with Figures A103.1(1) and A103.1(2) and
Sections A103.2 through A103.5.
Sec. 31-130.3.2. Boarding sheet material.
The boarding sheet material shall be cut to fit the door or window opening neatly or shall be cut
to provide an equal overlap at the perimeter of the door or window.
Sec. 31-130.3.3. Windows.
The window shall be opened to allow the carriage bolt to pass through or the window sash shall
be removed and stored. The 2-inch by 4-inch (51 mm by 102 mm) strong back framing material
shall be cut minimum 2 inches (51 mm) wider than the window opening and shall be placed on
the inside of the window opening 6 inches minimum above the bottom and below the top of the
window opening. The framing and boarding shall be predrilled. The assembly shall be aligned
and the bolts, washers and nuts shall be installed and secured.
Sec. 31-130.3.4. Door walls.
The door opening shall be framed with minimum nominal 2-inch by 4-inch (51 mm by 102 mm)
framing material secured at the entire perimeter and vertical members at not more than 24
inches (610 mm) on center. Blocking shall also be secured at not more than 48 inches (1219
mm) on center vertically. Boarding sheet material shall be secured with screws and nails
alternating every 6 inches (152 mm) on center.
Sec. 31-130.3.5. Doors.
Doors shall be secured by the same method as for windows or door openings. One door to the
structure shall be available for authorized entry and shall be secured and locked in an approved
manner.
Secs. 31-131--31-199. Reserved.
DIVISION 2. ENFORCEMENT PROCEDURES
Sec. 31-200. Unlawful acts.
It shall be unlawful for a person to be in conflict with or to cause, permit, maintain or allow the
creation or maintenance of a violation of the provisions of this chapter.
Sec. 31-201. Notice of violation.
Whenever the code official determines there has been a violation of this chapter or has grounds
to believe that a violation has occurred, a written notice of violation and order of abatement
(“notice and order”) shall be given to the person responsible for the violation as specified in this
chapter.
Sec. 31-202. Order of abatement.
The notice and order abatement shall provide information sufficient to reasonably allow the
recipient to determine the nature of the actions required to self-abate the violation and specify a
reasonable time period for completion of the self-abatement. In the case of a violation of the
nature of a nuisance, a reasonable time to abate the violation shall be presumed not to exceed 10
days in accordance with K.S.A. 12-1617e(b), subject to extension upon the authority of the code
official following a demonstration of due diligence in the self-abatement of the violation.
Sec. 31-203. Request for hearing.
The recipient of the notice and order may request a hearing before the building advisory board
appeal panel established pursuant to article X by completing and filing a written request for
hearing form in the office of the city clerk prior to the close of business on the date of the
deadline for self-abatement of the violation as stated in the notice and order. The decision of the
building advisory board appeal panel shall be the final order of the City.
Sec. 31-204. Form.
The notice and order shall:
1. Include a description of the subject real estate sufficient for identification;
2. Include a statement of the nature of the violation and including relevant ordinances, with
sufficient information that would reasonably allow the recipient to determine the nature
of the violation to allow for self-abatement.
3. Include an order of abatement allowing a reasonable time to take the actions required to
self-abate the violation;
4. Inform the recipient of the notice and order of the right to a hearing if the recipient
completes and files a written request for a hearing form in the office of the city clerk
prior to the close of business on the date of the deadline for self-abatement of the
violation;
5. Inform the recipient that failure to comply with the notice and order may result in the
City abating the violation and recovering any costs not paid by the recipient within 30
days of a notice of costs by (a) assessing of any costs against the subject real estate or (b)
filing suit seeking a personal judgment against the recipient; and
6. Inform the recipient that the violation is subject to prosecution.
Sec. 31-205. Service of notice and order.
The notice and order shall be served either by certified mail, return receipt requested, or by
personal service; provided, however, if the subject real estate is unoccupied and the owner is a
non-resident, then by mailing the order by certified mail, return receipt requested to the last
known address of the owner. If a person to whom a notice and order is directed for service has
failed to accept delivery or otherwise failed to effectuate receipt of a notice and order pursuant
to this section during the preceding 24-month period, the City may provide notice of the
issuance of any further notice and order by such other methods as door hangars, conspicuously
posting notice of such order on the subject property, personal notification, telephone
communication or first class mail. If the property is unoccupied and the owner is a nonresident,
the alternative means of notice provided by this section shall be given by telephone
communication or first class mail. Destroying or tampering with any means of posting notice of
such order on the subject property shall be a separate violation.
Sec. 31-206. Abatement of nuisance by City; assessment and collection of costs.
(a). If the recipient of the notice and order fails to comply with the order within the period of
time designated in the order, then the City may go onto the property to abate the violation
in a reasonable manner. The City shall not be responsible for damage to property due to
reasonable methods of gaining entrance onto the property or for damages to property in
the reasonable exercise of its duty to the public to abate the violation(s). The City may use
its own employees or contract for services to abate the violation.
(b). If the City takes action to abate the violation, it shall provide a notice of costs to the person
responsible for the violation. The notice of costs shall be delivered by certified mail,
return receipt requested, at the last known mailing address; or if the property is vacant or
unoccupied, the notice of costs shall also be posted on the property in a reasonable
manner. The recipient shall have 30 days from the date of the notice of costs to make full
payment. The notice of costs shall state:
1. The description of the subject real estate sufficient for identification;
2. The nature of the work performed to abate the violation;
3. The costs incurred for the abatement of the violations in either a lump sum or in
itemized form;
4. That the notice is a demand for payment within 30 days from the date of notice;
5. That failure to pay the entire amount within 30 days shall allow the City to file a tax
lien against the property or to pursue a personal judgment for the recovery of the costs,
or both;
6. That such additional remedies to recover costs shall include additional amounts
including additional administrative costs, attorneys’ fees when applicable, and interest;
7. The payments shall be made by check or money order made payable to the City of
Salina, Kansas, with no post-dating of the check, and sent to the address as stated
within the notice with a written indication of the purpose for the payment and the
address of the property where the violations occurred. Partial payments will not be
accepted and shall be considered as non-payments, unless a payment arrangement has
been agreed to and approved in writing by the code official.
(c). If the payment of costs is not made within the 30-day period, the City may levy a special
assessment for such costs against the subject real estate. The City Clerk at the time of
certifying other city taxes to the county clerk shall certify such costs, and the county clerk
shall extend such costs on the tax roll of the county against the subject real estate, and it
shall be collected by the county treasurer and paid to the City as other city taxes are
collected and paid. Provided further, the City may collect the costs in the manner provided
at K.S.A. 12-1,115, as amended, by bringing an action in the district court as a personal
debt. The City may pursue both assessment and collection at the same time until the full
cost, including applicable interests, court costs, attorneys’ fees, and administrative costs,
including but not limited to, investigative cost as well as the cost of providing notice,
including any postage, have been paid in full.
(d). The abatement of a violation of this chapter by the City shall not be a defense or excuse to
any person in violation of this chapter.
Sec. 31-207. Penalty.
(a). In addition to or as an alternative to the remedy of abatement as provided under this
chapter, any person in violation of this chapter may be prosecuted in municipal court and
subject to:
1. a fine of not less than $50 nor more than $500, except in the case of a perennial
violator as defined in this chapter, in which case the minimum fine shall be $250;
2. a sentence of not more than six (6) months in jail;
3. such other orders as the court deems just and consistent with the purpose and intent of
this chapter; or
4. any combination thereof.
(b). Prosecution of any offender under this chapter does not limit the city’s right to pursue
assessment or collection of costs as stated in this chapter, or by other laws.
(c). Each day that any violation shall continue shall constitute a separate offense.
(d). Any fines assessed under this Chapter shall be collected by the municipal court
administration and paid over to the general fund, except for assessments of court costs.
Sec. 31-208. Additional remedies.
In addition to or as an alternative to the remedy of abatement or the penalties provided herein,
the code official may cause to be instituted any appropriate proceeding at law or in equity to
restrain, correct or abate any violation of the provisions of this chapter or of any order or
direction made pursuant thereto.
Sec. 31-209. Emergency abatement.
In the event the code official determines that a violation of the provisions of this chapter exists
which creates an emergency requiring immediate abatement to protect the public health, safety
or welfare, then the City shall proceed, without delay, to take steps to abate the situation and
without prior notice or hearing. The costs of such shall be assessed as set forth in this chapter.
Secs. 31-210--31-299. Reserved.
ARTICLE IV. STRUCTURES DAMAGED BY FIRE, EXPLOSION, OR
WINDSTORM
Sec. 31-300. Authorization.
The city is hereby authorized to utilize the procedures established by K.S.A. 40-3901 et seq.,
whereby no insurance company shall pay a claim of a named insured for loss or damage to any
building or other structure located within the city, arising out of any fire, explosion, or windstorm,
where the covered claim payment for the loss or damage to the building or other structure under
the policy is in excess of 75% of the face value of the policy covering such building or other
insured structure, unless there is compliance with the procedures set out in this article.
Sec. 31-301. Procedure.
(a) When final settlement on a covered claim has been agreed to or arrived at between the
named insured and the company and final settlement exceeds 75% of the face value of the
policy covering any building or other insured structure, and when all amounts due to the
holder of a first real estate mortgage against the building or other structure, pursuant to the
terms of the policy and endorsements thereto, shall have been paid, the insurance company
shall execute a draft payable to the director of finance in an amount equal to the sum of 15%
of the covered claim payment unless the building official of the city has issued a certificate
to the insurance company that the insured has or will remove the damaged building or other
structure, as well as all associated debris, or replace, rebuild, or otherwise make the
premises safe and secure.
(b) Such transfer of funds shall be on a pro rata basis by all companies insuring the building or
other structure. Policy proceeds remaining after the transfer to the city shall be disbursed in
accordance with the policy terms.
(c) Upon the transfer of funds as required by subsection (a) of this section, the insurance company
shall provide the city with the name and address of the named insured, the total insurance
coverage applicable to said building or other structure, and the amount of the final settlement
agreed to or arrived at between the insurance company and the insured whereupon the building
official shall contact the named insured by registered mail, notifying them that the insurance
proceeds have been received by the city and apprise them of the procedures to be followed
under this article.
Sec. 31-302. Fund created; deposit of moneys.
The director of finance is hereby directed to create a fund to be known as the "Insurance
Proceeds Fund." All moneys received by the director of finance as provided for by this article
shall be placed in that fund and deposited in an interest-bearing account.
Sec. 31-303. Building inspector; investigation, removal of structure.
(a) Upon receipt of moneys as provided for by this article, the director of finance shall
immediately notify the building official of the receipt, and transmit all documentation
received from the insurance company to the building official.
(b) Within 20 days of the receipt of the moneys, the building official shall determine, after prior
investigation, whether the city shall initiate proceedings under the provisions of article VI
and K.S.A. 12-1750 et seq., as amended.
(c) Prior to the expiration of the 20 days established by subsection (b) of this section, the
building official shall notify the director of finance whether he or she intends to initiate
proceedings under article VI and K.S.A. 12-1750 et seq., as amended.
(d) If the building official has determined that proceedings under article VI and K.S.A. 12-1750 et
seq., as amended, shall be initiated, he or she will do so immediately but no longer than 30
days after receipt of the moneys by the director of finance.
(e) The director of finance shall pay all such moneys received, plus interest, to the insured as
identified in the communication from the insurance company within 30 days after receipt of
such moneys, unless the City has initiated legal proceedings under article VI and K.S.A. 12-
1750 et seq., as amended.
Sec. 31-304. Removal of structure.
If the building official determines that it is necessary to initiate local proceedings under article
VI and K.S.A. 12-1750 et seq., as amended, with regard to a building or other structure
damaged by fire, explosion, or windstorm, any proceeds received by the director of finance
under the authority of section 31-302 relating to that building or other structure shall be used to
reimburse the city for any expenses incurred by the city in repairing or removing the building or
other structure. All moneys in excess of that which is ultimately necessary to comply with the
provisions for the repair or removal of the building or other structure, less salvage value, if any,
shall be paid to the insured. Should the expenses incurred by the city exceed the insurance
proceeds paid to the director of finance under section 31-302 (a) the excess expenses incurred
shall be assessed against the property and paid and collected in the manner provided by K.S.A.
12-1755, as amended.
Sec. 31-305. Relation to insurance policies.
This article shall not make the city a part to any insurance contract, nor is the insurer liable to
any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
Sec. 31-306. Insurers; liability.
Insurers complying with this article or attempting in good faith to comply with this article shall
be immune from civil or criminal liability and such action shall not be deemed in violation of
K.S.A. 40-2404 and any amendments thereto, including withholding payment of any insurance
proceeds pursuant to this article, or releasing or disclosing any information pursuant to this
article.
Sec. 31-307. Regulations authorized.
The city manager is hereby authorized to promulgate any further regulations necessary to
implement the provisions of this article.
Sec. 31-308 – 31-399. Reserved.
ARTICLE V. TOXIC CHEMICAL REMEDIATION
Sec. 31-400. Definitions.
For the purposes of this article:
(1) DRUG ACTIVITY means any processing of methamphetamine, methamphetamine
components, other toxic substances, or the hazardous waste there from; or the presence
of methamphetamine, methamphetamine components, manufacturing paraphernalia,
other toxic substances or hazardous waste that indicate either that illegal drugs have been
processed or manufactured or the intent to process or manufacture illegal drugs.
(2) DRUG SITE means the property and personal effects in and adjacent to the location of
drug activity.
(3) PERSONAL EFFECT means any personal property, including but not limited to,
furniture, cookware, dishes, clothing, fabric items, blankets, and linens, used in a
dwelling.
(4) POROUS MATERIALS include but are not limited to, carpet, draperies, bedding,
mattresses, pillows, cork board, ceiling panels, and cardboard.
(5) PROPERTY means any real or personal property, including land, buildings,
manufactured homes and mobile homes, designed for human occupancy.
(6) PROPERTY OWNER means the person holding title to real property, manufactured or
mobile homes, or the person(s) who lawfully own(s) such property.
(7) QUALIFIED CONTRACTOR means a company experienced in hazardous waste
removal and remediation. At a minimum, the contractor must be certified as having
completed 40 hours of Hazardous Waste Operation and Emergency Response training
pursuant to 29 C.F.R. 1910.120. (Or as designated by Kansas Department of Health &
Environment).
Sec. 31.401. Purpose.
The purpose of this ordinance is to protect occupants of real property, as well as occupants of
adjoining properties and the public at large, from hazardous and contaminated living
environments by requiring owners of real property to remediate contamination of property
caused by methamphetamine activity, or activities involving other noxious, hazardous and toxic
substances, prior to resumed occupancy pursuant to the standards and conditions described in
this chapter.
Sec. 31-402. Drug Site Designation.
The building official will designate a property as a drug site when the Salina Police Department,
the I-70 Drug Task Force, Kansas Highway Patrol, Salina Fire Department or the Kansas
Department of Health & Environment determine that the property hosted drug activity:
(a) The building official shall prepare and file with the register of deeds an affidavit noting
the property was designated a drug site.
(b) The drug site shall be declared a dangerous building, and the property owner shall not
permit the property to be occupied or personal effects or porous materials to be removed,
except in accordance with section 31-403, until a qualified contractor certifies that the
contamination on the property is remediated.
(c) Upon discovery by the owner that an owner’s property is, or has been, the location for
any type of drug activity, an owner shall immediately report such activity to the Salina
Police Department.
Sec. 31-403. Public Notice of Contamination.
(a) Upon designating a property a drug site, the building official shall post a public notice on the
property, that toxic substances have been used in the property, which contains the following:
(1) Warning in capital letters and bold-faced type: “WARNING: DO NOT ENTER
‘PUBLIC HEALTH NOTICE’.”
(2) Statement of danger: “Toxic substances or hazardous waste may be present on the
property.”
(3) Prohibition of trespass: “Any person who enters without the permission of the Building
Official is trespassing.”
(4) The address of each potentially contaminated property or unit.
(5) This public notice shall be removed only by the building official upon completion of
remediation, as required by this article. It shall be unlawful for anyone else to remove
this public notice.
(b) The building official shall notify the Salina Police Department, residents of adjacent
properties, and the Kansas Department of Health and Environment of the contamination.
(c) The building official shall notify the property owner and any tenants by certified mail or
personal service that the property has been designated a drug site and shall order the
property owner to assess the level of contamination and remediate the building no later than
60 days from issuance of the notice.
(d) Limited entry will only be permitted for the purpose of removing personal property to the
tenant and/or owner who acknowledge, in writing, the potential dangers associated with the
contamination and agree to remediate the property removed.
(e) Upon posting of the public health notice, all occupant(s) of the building shall immediately
vacate the premise. Occupation of the building is not permitted until assessment and
remediation is complete pursuant to this chapter.
Sec. 31-404. Assessment and Remediation Standards.
(a) All assessment and remediation must be conducted by a qualified contractor pursuant to the
standards and/or recommendations of the Kansas Department of Health and Environment
and the Environmental Protection Agency and the hazardous waste procedures of the
international fire code adopted by the City of Salina, such that the levels of contamination
do not exceed those permitted by this section. At a minimum, such contractor shall have
completed forty (40) hours of Hazardous Waste Operation and Emergency Response
training pursuant to 29 C.F.R. 1910.120, or subsequent regulations thereof, and shall have
received certification pursuant to this training.
(b) The contaminants to be tested and maximum acceptable levels of contamination follow:
(1) pH: Surface level of 7.
(2) Methamphetamine: 1.5 micrograms per 100 square centimeters.
(3) Mercury [only if the preliminary assessment indicates the phenyl-2-propanone (P2P)
method of methamphetamine manufacturing was used]: 0.3 micrograms per cubic meter of
mercury in the air.
(c) The property owner is solely responsible for the costs associated with remediation of a drug
site.
(d) A property owner may request an extension for up to 30 days if the property owner
exercised due diligence to assess and remediate the building. The request for an extension
must be submitted in writing to the city clerk no later than 60 days from issuance of the
notice provided in section 31-403.
Sec. 31-405. Preliminary Assessment.
(a) After a property is designated a drug site, the property owner must retain a qualified
contractor to assess the drug site and adjacent properties and the qualified contractor will
write a report detailing the level of contamination and the areas contaminated. The owner
shall obtain a copy of the contractor’s 29 C.F.R. 1910.120 certification and receive written
confirmation from the building official that the contractor is in good standing with the City
of Salina before allowing the contractor to begin assessment. The report shall be delivered to
the building official without delay.
(b) The preliminary assessment should include:
(1) Property description including physical address, legal description, number and type of
structures present;
(2) Review of available law enforcement reports or summaries that provide information
regarding the manufacturing method, chemicals present, cooking areas, chemical
storage areas, and observed areas of contamination or waste disposal;
(3) Identification of structural features that may indicate separate functional spaces, such
as attics, false ceiling and crawl spaces, basements, closets and cabinets;
(4) Identification of HVAC mechanical systems, vents and plumbing, including separate
HVAC systems and venting, if any;
(5) Identification of manufacturing methods based on the observations and law
enforcement reports, if the reports are available;
(6) Identification of chemicals used, based on observations, law enforcement reports if
available, and knowledge of manufacturing method(s);
(7) Identification and documentation of areas of contamination. This identification may
be based on visual observation, law enforcement reports or summaries, proximity to
chemical storage areas, waste disposal areas, or cooking areas;
(8) Identification and documentation of signs of contamination such as staining, etching,
fire damage, or outdoor areas of dead vegetation;
(9) Identification and documentation of common ventilation systems with adjacent units or
common areas;
(10) Identification of adjacent units and common areas where contamination may have spread
or been tracked.
(c) Documentation of the preliminary assessment should include all information about sampling
locations, sample combinations used in each composite, sampling methods utilized (wiping
material, solvent used, size of areas wiped in cm2, name and address of laboratory that
conducted the analysis and original laboratory reports. If multiple samples are to be taken at
the site, prepare a rough sketch of the area sampled. The documentation should be
documented in an outline which includes the following:
(1) Property description
(2) Background information
(3) Functional areas
(4) Inspection findings
(5) Sample documentation
(6) Methodology
(7) Locations
(8) Laboratory information
(9) Results
(10) Other documentation
(11) Determination(s)
(d) If the level of contamination does not exceed that permitted by this article, the building
official shall then remove the public notice and provide written authorization to the owner
that occupancy may resume. The building official shall prepare an affidavit to be filed by
the property owner with the register of deeds indicating a preliminary assessment was
received indicating the level of contamination does not exceed that permitted by this article.
(e) If the level of contamination exceeds that permitted by this article, the property owner shall
remediate the toxic contamination within 60 days of the notice issued pursuant to section 31-
403.
Sec. 31-406. Remediation.
The qualified contractor must clean the drug site and retest in accordance with Section 31-405
until contamination falls below the maximum acceptable levels. When the level of
contamination no longer exceeds that permitted by this article, the contractor shall prepare a
final report and deliver it to the Building Official. The property will remain vacated and posted
pursuant to Sec. 31-403 until the property is remediated.
Sec. 31-407. Final Report.
All inspections and assessments conducted by a contractor during the removal and remediation
process shall be fully documented in writing. The report shall include the dates that activities
were performed and the names and signatures of the people and/or companies who performed
the activities. The final report shall include any other types of relevant documentation,
including but not limited to photographs, video recordings, drawings, and charts. Such
additional documentation shall likewise be signed and dated. The owner shall immediately
provide a certified copy of the final report to the building official upon receipt from the
contractor. The final report, at a minimum, shall include:
(a) A case narrative, site description, and site assessment.
(b) Physical address of property, number and type of structures on the property, and a
description of adjacent and/or surrounding properties.
(c) Documented observations, and pre-remediation sampling results that provide
information regarding the manufacturing or processing method, chemicals present,
manufacturing or processing areas, chemical storage areas, and observed areas of
contamination or waste disposal.
(d) Name of cleanup contractor(s) and the contractor’s qualifications, experience, and
copy(s) of any certification(s); and
(e) The signature of the contractor who prepared the report.
(f) A copy of the contractor’s 29 C.F.R. 1910.120 certification.
(g) Worker safety and health information.
(h) Decontamination and encapsulation procedures for each area that was decontaminated.
(i) Documentation that the structure was cleaned to acceptable levels, including, but not
limited to, the location and the results of post-decontamination samples, descriptions of
analytical methods used, and the location(s) of laboratory(s) used.
Sec. 31-408. Post Remediation Actions.
Upon receipt of a final report in compliance with this article confirming the level of
contamination does not exceed that permitted by this article, the Building Official shall then
remove the public notice and provide written authorization to the owner that occupancy may
resume. The Building Official shall prepare an affidavit to be filed by the property owner with
the register of deeds indicating a final report was received indicating the level of contamination
does not exceed that permitted by this article.
Sec. 31-409. Remediation or Condemnation Authorized by the Governing Body.
If the property owner does not remediate the drug site or request an extension for good cause
within 60 days, the City may condemn the building and either remediate the contamination or
demolish the building in the same manner as a dangerous structure pursuant to Article VI.
Sec. 31-410. Penalty.
(a) Any violation of the provisions of this article shall be a misdemeanor.
(b) Each day a violation of this article occurs shall constitute a separate offense.
(c) The provisions of this Chapter shall not preclude the City of Salina or any other aggrieved
party from pursuing any civil remedies to recover any and all costs associated with
administration or enforcement of this article.
Secs. 31-411--31-499. Reserved.
ARTICLE VI. DANGEROUS STRUCTURES, EQUIPMENT OR
PREMISES
DIVISION 1. SUBSTANTIVE REQUIREMENTS
Sec. 31-500. DANGEROUS STRUCTURES, EQUIPMENT OR PREMISES
Sec. 31-501. General. When a structure, equipment or premises is found by the code official to
be dangerous, or when a structure is found unfit for human occupancy, or is found unlawful,
such structure shall be condemned pursuant to the provisions of this chapter.
Sec. 31-502. Dangerous structures. A dangerous structure is one that is found to be dangerous
to the life, health, property or safety of the public or the occupants of the structure by not
providing minimum safeguards to protect or warn occupants in the event of fire, or because such
structure contains dangerous equipment or is so damaged, decayed, dilapidated, structurally
dangerous or of such faulty construction or unstable foundation, that partial or complete
collapse is possible.
Sec. 31-502.1. Dangerous structure or premises. For the purpose of this chapter any
structure, or premises, that has any or all of the conditions or defects described below shall be
considered dangerous:
1. Any door, aisle, passageway, stairway, exit or other means of egress that does not
conform to the approved building or fire code of the jurisdiction as related to the
requirements for existing buildings.
2. The walking surface of any aisle, passageway, stairway, exit or other means of
egress is so warped, worn loose, torn or otherwise dangerous as to not provide safe
and adequate means of egress.
3. Any portion of a building, structure or appurtenance that has been damaged by fire,
earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any
other cause to such an extent that it is likely to partially or completely collapse, or to
become detached or dislodged.
4. Any portion of a building, or any member, appurtenance or ornamentation on the
exterior thereof that is not of sufficient strength or stability, or is not so anchored,
attached or fastened in place so as to be capable of resisting natural or artificial
loads.
5. The building or structure, or part of the building or structure, because of dilapidation,
deterioration, decay, faulty construction, the removal or movement of some portion
of the ground necessary for the support, or for any other reason, is likely to partially
or completely collapse, or some portion of the foundation or underpinning of the
building or structure is likely to fail or give way.
6. The building or structure, or any portion thereof, is clearly dangerous for its use and
occupancy.
7. The building, structure or premises is neglected, damaged, dilapidated, unsecured or
abandoned so as to become an attractive nuisance to children who might play in the
building or structure to their danger, becomes a harbor for vagrants, criminals or
immoral persons, or enables persons to resort to the building or structure for
committing a nuisance or an unlawful act.
8. Any building or structure has been constructed, exists or is maintained in violation of
any specific requirement or prohibition applicable to such building or structure
provided by the building or fire code of the City of Salina, or of any law or ordinance
to such an extent as to present either a substantial risk of fire, building collapse or an
imminent threat to life and safety.
9. A building or structure, used or intended to be used for dwelling purposes, because
of inadequate maintenance, dilapidation, decay, damage, faulty construction or
arrangement, inadequate light, ventilation, mechanical or plumbing system, or
otherwise, is determined by the code official to be unsanitary, unfit for human
habitation or in such a condition that is likely to cause sickness or disease.
10. Any building or structure, because of a lack of sufficient or proper fire-resistance-
rated construction, fire protection systems, electrical system, fuel connections,
mechanical system, plumbing system or other cause, is determined by the code
official to be a threat to life or health.
11. Any portion of a building remains on a site after the demolition or destruction of the
building or structure or whenever any building or structure is abandoned so as to
constitute such building or portion thereof as an attractive nuisance or hazard to the
public.
Sec. 31-503. Dangerous equipment. Dangerous equipment includes any boiler, heating
equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers
or other equipment on the premises or within the structure which is in such disrepair or
condition that such equipment is a hazard to life, health, property or safety of the public or
occupants of the premises or structure.
Sec. 31-504. Unfit Structure. A structure is unfit for human occupancy whenever a reasonable
person would find that such structure because of the degree to which the structure is in disrepair
or lacks maintenance, is unsanitary, insect, vermin or rat infested, or whenever the structure
lacks ventilation, sanitary or heating facilities.
Secs. 31-505--31-599. Reserved.
DIVISION 2. ENFORCEMENT PROCEDURES
Sec. 31-600. Enforcement authority and procedures. Pursuant to K.S.A. 12-1750 et seq.,
as amended, the governing body of the City shall have the authority:
1. to cause the repair or removal of, or to remove any structure located within the city
which may have become unsafe or dangerous; and
2. to cause the rehabilitation of or to rehabilitate any abandoned property located within the
city;
in accordance with the procedures therein set forth.
Sec. 31-601. EMERGENCY MEASURES
Sec. 31-601.1. Emergency measures. Pursuant to K.S.A. 12-1756, as amended, the code
official may take immediate action to protect the public when, in the opinion of the code
official, any structure is in such condition as to constitute an immediate hazard.
Sec. 31- 601.2. Imminent danger. When, in the opinion of the code official, there is imminent
danger of failure or collapse of a building or structure which endangers life, or when any
structure or part of a structure has fallen and life is endangered by the occupation of the
structure, or when there is actual or potential danger to the building occupants or those in the
proximity of any structure because of explosives, explosive fumes or vapors or the presence of
toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code
official is hereby authorized and empowered to order and require the occupants to vacate the
premises forthwith. The code official shall cause to be posted at each entrance to such structure
a notice reading as follows:
“This Structure Is Dangerous and Its Occupancy Has Been Prohibited by the Code Official.”
It shall be unlawful for any person to enter such structure except for the purpose of securing the
structure, making the required repairs, removing the hazardous condition or of demolishing the
same.
Sec. 31- 601.3. Temporary safeguards. Notwithstanding other provisions of this chapter,
whenever, in the opinion of the code official, there is imminent danger due to a dangerous
condition, the code official shall order the necessary work to be done, including the boarding up
of openings, to render such structure temporarily safe whether or not the legal procedure herein
described has been instituted; and shall cause such other action to be taken as the code official
deems necessary to meet such emergency.
Sec. 31-601.4. Closing streets. When necessary for public safety, the code official shall
temporarily close structures and close, or order the authority having jurisdiction to close,
sidewalks, streets, public ways and places adjacent to dangerous structures, and prohibit the
same from being utilized.
Sec. 31-601.5. Emergency repairs. For the purposes of this section, the code official shall
employ the necessary labor and materials to perform the required work as expeditiously as
possible.
Sec. 31-602. Costs of emergency repairs. Costs incurred in the performance of emergency
work shall be advanced by the City and recovered pursuant to K.S.A. 12-1755, as amended.
Sec. 31-603. Hearing. Any person ordered to take emergency measures shall comply with such
order forthwith. Any affected person shall thereafter, upon written request, be afforded an
appeal hearing by the building advisory board appeal panel.
Secs. 31-604--31-699. Reserved.
ARTICLE VII. SIDEWALKS AND DRIVEWAY APPROACHES
DIVISION 1. SUBSTANTIVE REQUIREMENTS
Sec. 31-700. Maintenance required; removal and reconstruction.
Every sidewalk, driveway approach or recessed parking area located with a public right-of-way
shall be maintained and kept in a safe condition by the owner of the property served thereby,
and any such sidewalk, driveway approach or recessed parking area which shall not be so
maintained and kept or which shall interfere with or obstruct the drainage carried by such street
or the use of the street for the purpose of travel shall be repaired to conform with the
specifications of this article and the rules, regulations and specifications of the city engineer or
be removed.
Sec. 31-701. City Repairs. The city engineer, or city clerk, after giving thirty (30) days' notice
to the owner or his or her agent of the necessity therefor and failure of the property owner to
perform said improvements may make all necessary repairs at any time. An account of the cost
thereof shall be kept and reported to the governing body.
Secs. 31-702--31-799. Reserved.
DIVISION 2. ENFORCEMENT PROCEDURES
Sec. 31-800. Procedure for sidewalks, driveway approaches and recessed parking
generally.
(1) General Procedure. The procedure for the construction, reconstruction and repair of
sidewalks, driveway approaches and recessed parking and the recovery of any costs incurred
by the City shall be as provided by Article 18 of Chapter 12 of the Kansas Statutes
Annotated, and according to requirements specified by ordinance; provided, that nothing
herein shall be construed as prohibiting the use of Article 6a, Chapter 12, Kansas Statutes
Annotated.
(2) Condemnation and Reconstruction Authority. The authority of the governing body provided
for in Article 18 of Chapter 12 of the Kansas Statutes Annotated to determine when a
sidewalk becomes inadequate or unsafe to travel requiring condemnation and reconstruction
is hereby delegated to the city manager for administration by the city engineer. Whether a
sidewalk is inadequate or unsafe to travel shall be determined by the city engineer in
accordance with the standards adopted by the governing body by resolution. Such standards
shall be kept on file in the offices of the city clerk and the city engineer.
(3) Condemnation and Reconstruction Notice. Upon a finding by the city engineer that a
sidewalk is inadequate or unsafe to travel requiring condemnation and reconstruction, the
city engineer shall provide notice to the abutting owner pursuant to the notice requirements
in Article 18 of Chapter 12 of the Kansas Statutes Annotated. The city engineer shall
establish appropriate deadlines for the required concrete work, taking into consideration
weather or any other relevant factors. If the sidewalk is not constructed by the abutting
owner within the time specified, the city engineer shall cause the work to be done by
contract or by City staff.
(4) Appeals.
(a) Any abutting owner that receives a notice that a sidewalk, driveway approach, or
recessed parking is inadequate or unsafe to travel requiring condemnation and
reconstruction shall have the right to appeal such finding to the building advisory board
appeal panel (“BAB appeal panel”) established pursuant to article X.
(b) An appeal to the BAB appeal panel shall be taken by filing with the city clerk a written
statement setting forth the grounds for the appeal.
(c) The decision of the BAB appeal panel on the appeal shall be final a final order of the
City and binding on all parties concerned.
Secs. 31-801--31-899. Reserved.
ARTICLE VIII. WEEDS
DIVISION 1. SUBSTANTIVE REQUIREMENTS
Sec. 31- 900. Weeds. It shall be the duty of an owner, agent or occupant to maintain all
premises and exterior property free from weeds or plant growth in excess of eight inches (8”)
and free from all growth of noxious or poisonous weeds.
Exceptions: The following areas may be exempt from the above stated maintenance
requirements provided that they do not contribute to weed, rodent or pest infestation of an
adjoining occupied property.
1. Pond, creek or stream banks;
2. Undisturbed areas of grassland ecosystems or forest ecosystems greater than 2,000
square feet in area and maintained less than 8” in height a minimum of 15’ from
maintained areas on an adjoining property under separate ownership;
3. Homogenous agricultural crops grown on vacant lots qualifying for agricultural
classification for ad valorem property tax purposes provided that the agricultural crop is
not grown:
a. within 15’ of the property line of an adjoining property that is either occupied or
under separate ownership or
b. within a required front, side or rear yard adjoining a right-of-way or properties
that are either occupied or under separate ownership.
4. Areas of vegetation within public parks or park like settings owned by governmental or
educational entities.
DIVISION 2. ENFORCEMENT PROCEDURES
Sec. 31-1000. Unlawful acts. It shall be unlawful for a person to be in conflict with or to
cause, permit, maintain or allow the creation or maintenance of a violation of the provisions of
this article.
Sec. 31-1001. Notice of violation. Whenever the code official determines there has been a
violation of this article or has grounds to believe that a violation has occurred, a one-time yearly
written notice of violation and order of abatement (“notice and order”) shall be given to the
owner, occupant or agent of the subject premises or exterior property.
Sec. 31-1002. Order of abatement. The one time yearly notice and order shall provide
information sufficient to reasonably allow the recipient to determine the nature of the actions
required to self-abate the violation by cutting or destroying weeds or overgrowth:
1. Within five days; or
2. In cases where the owner is unknown or is a nonresident, and there is no resident
agent, within 10 days after notice has been posted by the city clerk on the official
city web site.
Sec. 31-1003. Request for hearing. The recipient of the notice and order may request a
hearing before the building advisory board appeal panel established pursuant to article X by
completing and filing a written request for hearing form in the office of the city clerk prior to
the close of business on the date of the deadline for self-abatement of the violation as stated in
the notice and order. The decision of the building advisory board appeal panel shall be the final
order of the City.
Sec. 31-1004. Form. The notice and order shall:
1. Include a description of the subject premises or exterior property sufficient for
identification;
2. Include a statement of the nature of the violation, including relevant ordinances,
with sufficient information that would reasonably allow the recipient to
determine the nature of the violation and to allow for self-abatement.
3. Include an order of abatement allowing a reasonable time to take the actions
required to self-abate the violation;
4. Inform the recipient of the notice and order of the right to a hearing if the
recipient prepares and files a written request for a hearing form in the office of
the city clerk prior to the close of business on the date of the deadline for self-
abatement of the violation;
5. Inform the recipient that failure to comply with the notice and order may result in
the City abating the violation and recovering any costs not paid by the recipient
within 30 days of a notice of costs by (a) assessing of any costs against the
subject real estate or (b) filing suit seeking a personal judgment against the
recipient;
6. Inform the recipient that the violation is subject to prosecution; and
7. Inform the recipient that no further notices and orders will be given in the same
calendar year to remove weeds or plant growth.
Sec. 31-1005. Service of notice and order. The notice and order shall be served either by
certified mail, return receipt requested, or by personal service; provided, however, if the subject
premises or exterior property is unoccupied and the owner is a non-resident, then by mailing the
order by certified mail, return receipt requested to the last known address of the owner. In cases
where the owner is unknown or is a nonresident, and there is no resident agent, notice shall also
be posted by the city clerk on the official city web site.
Sec. 31-1006. Abatement of nuisance by City; assessment and collection of costs.
(a). If the recipient of the notice and order fails to comply with the order either (1) within the
period of time designated in the order or in the published notice (if applicable); (2) in the
event of any subsequent violation within the same year, without further notice, then the
City may go onto the property to abate the violation in a reasonable manner. The City
shall not be responsible for damage to property due to reasonable methods of gaining
entrance onto the property or for damages to property in the reasonable exercise of its duty
to the public to abate the violation(s). The City may use its own employees or contract for
services to abate the violation.
(b). If the City takes action to abate the violation, it shall provide a notice of costs to the person
responsible for the violation. The notice of costs shall be delivered by certified mail,
return receipt requested, at the last known mailing address; or if the property is vacant or
unoccupied, the notice of costs shall also be posted on the property in a reasonable
manner. The recipient shall have 30 days from the date of the notice of costs to make full
payment. The notice of costs shall state:
1.The description of the subject premises or exterior property sufficient for identification;
2.The nature of the work performed to abate the violation;
3.The costs incurred for the abatement of the violations in either a lump sum or in itemized
form;
4.That the notice is a demand for payment within 30 days from the date of notice;
5.That failure to pay the entire amount within 30 days shall allow the City to file a tax lien
against the property or to pursue personal judgment for the recovery of the costs, or
both;
6.That such additional remedies to recover costs shall include additional amounts including
additional administrative costs, attorneys’ fees when applicable, and interest;
7.The payments shall be made by check or money order made payable to the City of Salina,
Kansas, with no post-dating of the check, and sent to the address as stated within the
notice with a written indication of the purpose for the payment and the address of the
property where the violations occurred. Partial payments will not be accepted and shall
be considered as non-payments, unless a payment arrangement has been agreed to and
approved in writing by the code official.
(c). If the payment of costs is not made within the 30-day period, the City may levy a special
assessment for such costs against the subject real estate. The City Clerk at the time of
certifying other city taxes to the county clerk shall certify such costs, and the county clerk
shall extend the such cost on the tax roll of the county against the subject real estate, and it
shall be collected by the county treasurer and paid to the City as other city taxes are
collected and paid. Provided further, the City may collect the costs in the manner provided
at K.S.A. 12-1,115, as amended, by bringing an action in the district court as a personal
debt. The City may pursue both assessment and collection at the same time until the full
cost, including applicable interests, court costs, attorneys’ fees, and administrative costs,
including but not limited to, investigative cost as well as the cost of providing notice,
including any postage, have been paid in full.
(d). The abatement of a violation of this chapter by the City shall not be a defense or excuse to
any person in violation of this article.
Sec. 31-1007. Penalty.
(a). In addition to or as an alternative to the remedy of abatement as provided under this
chapter, any person in violation of this chapter may be prosecuted in municipal court and
subject to:
1. a fine of not less than $50 nor more than $500, except in the case of a perennial
violator as defined in this chapter, in which case the minimum fine shall be $250;
2. a sentence of not more than six (6) months in jail;
3. such other orders as the court deems just and consistent with the purpose and intent
of this chapter; or
4. any combination thereof.
(b). Prosecution of any offender under this chapter does not limit the city’s right to pursue
assessment or collection of costs as stated in this chapter, or by other laws.
(c). Each day that any violation shall continue shall constitute a separate offense.
(d). Any fines assessed under this Chapter shall be collected by the municipal court
administration and paid over to the general fund, except for assessments of court costs.
Sec. 31-1008. Additional remedies. In addition to or as an alternative to the remedy of
abatement or the penalties provided herein, the code official may cause to be instituted any
appropriate proceeding at law or in equity to restrain, correct or abate any violation of the
provisions of this chapter or of any order or direction made pursuant thereto.
Sec. 31-1009. Emergency abatement. In the event the code official determines that a
violation of the provisions of this chapter exists which creates an emergency requiring
immediate abatement to protect the public health, safety or welfare, then the City shall proceed,
without delay, to take steps to abate the situation and without prior notice or hearing. The costs
of such shall be assessed as set forth in this chapter.
Secs. 31-1010--31-1099. Reserved.
ARTICLE IX. INOPERABLE VEHICLES
DIVISION 1. SUBSTANTIVE REQUIREMENTS
Sec. 31-1100. Inoperative or Unlicensed Vehicles. Except as provided for in other
regulations, no inoperable or unlicensed motor vehicle shall be parked, kept or stored on any
premises.
Exceptions: 1.) A vehicle of any type is permitted to either be parked or undergo major
overhaul, including body work, provided that such work is performed inside a
structure or similarly enclosed area designed and lawfully utilized for such
purposes;
2.) An immediate repair of a vehicle serving as an occupant’s sole source of
vehicular transportation, but such repair activity, interrupted or not, shall not
extend beyond two consecutive calendar days.
Secs. 31-1101--31-1199. Reserved.
DIVISION 2. ENFORCEMENT PROCEDURES
Sec. 31-1200. Nuisance and abatement.
Any inoperable vehicle parked, stored or deposited in a manner other than that permitted under
this article is hereby declared a nuisance and may be abated from property other than public
property or property open to use by the public under the same authority and procedure as set
forth in division 2 of article III of this chapter, as it now exists or may be amended.
Sec. 31-1201. Disposition of abated vehicles. Disposition of any vehicle abated pursuant to
this article shall be in compliance with the procedures for impoundment, notice and public
auction provided by K.S.A. 8-1102(a)(2), as amended.
Sec. 31-1202. Penalty.
(a) Any person violating the provisions of this division shall be guilty of a misdemeanor and
shall be fined not less than twenty-five dollars ($25.00) or more than five hundred dollars
($500.00), or imprisoned not to exceed five (5) days, or be both so fined and imprisoned, for
each offense. Each day such violation continues to exist shall constitute a separate offense.
(b) Upon a conviction for violation of this division, it shall be within the court's discretion to
order that the vehicle be removed and stored at the expense of the person so convicted.
Secs. 31-1203--31-1299. Reserved.
ARTICLE X. APPEALS
Sec. 31-1300. Application for appeal. Any person directly affected by a decision of the code
official or a notice or order issued under this chapter shall have the right to appeal to a building
advisory board appeals panel (“BAB appeal panel”), by completing and filing a written
application for appeal hearing form in the office of the city clerk prior to the close of business
on the day of the deadline specified pursuant in the applicable provisions of this chapter or, if no
deadline is specified, within 20 days after the day the decision, notice or order was served. An
application for appeal shall be based upon a claim that the true intent of this chapter or the rules
legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do
not fully apply, or the requirements of this chapter are adequately satisfied by other means.
Sec. 31-1301. Membership of board. A BAB appeal panel shall consist of a minimum of three
members of the building advisory board appointed on a case-by-case basis by the chairman of
the building advisory board, making reasonable effort to select members who are available to
serve and who are qualified by experience and training to pass on matters pertaining to the
matter being appealed. The chairman of the building advisory board may designate alternate
members of a BAB appeal panel and may serve as a self-appointed member of a BAB appeal
panel.
Sec. 31-1302. Chairman. The chairman of the building advisory board shall designate a BAB
appeal panel member to serve as the chairman of the BAB appeal panel. The chairman of the
building advisory board may serve as a self-appointed chairman of a BAB appeal panel.
Sec. 31-1303. Disqualification of member. A member shall not hear an appeal in which that
member has a personal, professional or financial interest.
Sec. 31-1304. Compensation of members. Members of the building advisory board shall serve
as volunteers and shall not be compensated for their service when serving on a BAB appeals
panel.
Sec. 31-1305. Notice of meeting. A BAB appeals panel shall meet upon notice from the
chairman and within 30 days of the filing of an appeal.
Sec. 31-1306. Open hearing. Subject to the provisions of the Kansas open meetings act, all
hearings before a BAB appeal panel shall be open to the public. The appellant, the appellant’s
representative, the code official and any person whose interests are affected shall be given an
opportunity to be heard.
Sec. 31-1307. Procedure. The building advisory board shall adopt and make available to the
public procedures under which hearings by a BAB appeals panel will be conducted. The
procedures shall not require compliance with strict rules of evidence, but shall mandate that only
relevant information be received.
Sec. 31-1308. Postponed hearing. When a full BAB appeal panel consisting of three appointed
or alternate members is not present to hear an appeal, the hearing shall be postponed and
rescheduled as soon as reasonably possible.
Sec. 31-1309. Stays of enforcement. Appeals of notice and orders (other than imminent
danger notices) shall stay the enforcement of the notice and order until the appeal can be heard
and decided by the BAB appeal panel.
Sec. 31-1310. Limitations on authority. An application for appeal shall be based upon a
claim that:
(a) the true intent of the applicable code or rules legally adopted thereunder have been
incorrectly interpreted;
(b) the provisions of the applicable code do not fully apply; or
(c) that the code official have incorrectly denied a request for a modification pursuant to
section 31-53.1 or use all alternative materials, methods or equipment pursuant to section
31-53.2 .
A BAB appeal panel shall have no authority to waive requirements of any codes duly adopted or
amended by this chapter.
Sec. 31-1311. Final Order. The decision of the BAB appeal panel shall be a final order of the
City.
Section 2. That Sections 34-22, 39-75 and 39-76 are hereby amended as follows:
Sec. 34-22. Disposal from unoccupied premises.
It shall be the responsibility of the property owner or his authorized agent to cause to be collected
and disposed of all refuse accumulated at or on any unoccupied premises within the corporate
limits of the city not later than seven (7) days following vacation of the premises. Upon failure of
the property owner or his authorized agent to dispose of such refuse within the seven (7) days
following vacation of premises, the city manager shall attempt to notify the property owner or his
authorized agent to cause to be collected and disposed of according to the provisions of this article
all refuse accumulated at or on the premises within forty-eight (48) hours. Inability to contact the
property owner or his authorized agent, or failure of the property owner or his authorized agent to
dispose of the accumulated refuse as ordered, shall be cause for the city manager to order the
refuse collected and disposed of in accordance with chapter 31, article III.
Sec. 39-75. Abatement procedure.
If the owner or agent of the real estate upon which the public nuisance exists fails to abate the
nuisance within the time permitted in the preliminary notice, the city may initiate the procedures
for abatement of nuisances set forth in chapter 31, article III as they now exist or may be
amended.
Sec. 39-76. Emergency abatement.
Whenever the city forester determines that an emergency exists which requires immediate
abatement of a nuisance to protect the public health, safety or welfare, an order may be issued
directing the owner or agent of the real estate to take appropriate action to immediately abate the
nuisance causing the emergency. If the owner or agent does not take immediate action to abate
the emergency or is not immediately available, the city forester may act to abate the emergency
with any costs incurred to be assessed and collected in the manner provided under chapter 31,
article III.
Section 3. Repealer. That Articles IV, V, and VII of Chapter 8, Chapter 18, Article I of Chapter
24, Sections 34-22, 34-25, 34-27, 34-28, and 34-30 of Chapter 34, Section 35-137 of Chapter 35,
and Sections 39-75 and 39-76 are hereby repealed.
Section 4. Effective. This ordinance shall be in full force and effect 90 days from and after its
adoption and publication by the following summary once in the official city newspaper.
Ordinance No. 13-10693 Summary
On April 15, 2013, the City of Salina, Kansas, passed Ordinance No. 13-10693. The
ordinance amends the Salina Code by adding Chapter 32 pertaining to property
maintenance. A complete copy of the ordinance is available at www.salina-ks.gov or in the
office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the
city attorney.
Introduced: April 8, 2013
Passed: April 15, 2013
Norman M. Jennings, Mayor
[SEAL]
ATTEST:
Lieu Ann Elsey, CMC, City Clerk