09-10494 Sidewalk StandardsN
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(Published in the Salina Journal on April A0, 2009.)
ORDINANCE NUMBER 09-10494
AN ORDINANCE AMENDING CHAPTER 35, SECTION 35-137 OF THE SALINA
CODE PERTAINING TO THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR
OF SIDEWALKS AND REPEALING THE EXISTING SECTION 35-137.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
Section 1. That Section 35-137 of Chapter 35 is hereby amended to read as follows:
"Sec. 35-137. Procedure for sidewalks generally.
(1) General Procedure. The procedure for the construction, reconstruction and repair of
sidewalks 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. Whether a sidewalk is inadequate or unsafe to
travel shall be determined by the city manager 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 manager that a
sidewalk is inadequate or unsafe to travel requiring condemnation and reconstruction, the
city manager shall provide notice to the abutting owner pursuant to the notice requirements
in K.S.A. 12-1805. If the sidewalk is not constructed by the abutting owner within the time
specified, the city manager 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 is inadequate or unsafe to
travel requiring condemnation and reconstruction shall have the right to appeal such
finding to the board of city commissioners within fourteen (14) days after the notice
of the finding has been mailed to the abutting owner.
(b) An appeal to board of city commissioners shall be taken by filing with the city clerk
a written statement setting forth the grounds for the appeal.
(c) A hearing shall be set not later than ten (10) working days from the date of receipt of
the appellant's written statement.
(d) Notice of the time and place of the hearing shall be given to the appellant by
certified mail or by personal service.
(e) The decision of the board of city commissioners on the appeal shall be final and
binding on all parties concerned.
Section 2. That the existing 35-137 is hereby repealed.
Section 3. That this ordinance shall be in full force and effect from and after its adoption and
publication once in the official city newspaper.
(SEAL)
TEST:
Lieu Ann Elsey, CMC, City Jerk
Introduced: March 23, 2009
Passed: April 6, 2009
Jo K. Vanier II, Mayor