10-10545 Erosion Control(Published in the Salina Journal on May cR9 , 2010)
ORDINANCE NUMBER 10-10545
AN ORDINANCE AMENDING CHAPTER 24 OF THE SALINA CODE BY ADDING
ARTICLE III PERTAINING TO EROSION CONTROL.
BE IT ORDAINED by the Governing Body of the city of Salina, Kansas:
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Section 1. That Article III of Chapter 24 is hereby added and reads as follows:
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"ARTICLE III. EROSION CONTROL
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Sec. 24-31. Purpose.
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The purpose of this article is to set forth procedures for controlling erosion and sedimentation
caused by Land Disturbance activities, thereby providing for the protection and enhancement of
the water quality of watercourses, Water Bodies and wetlands.
Sec. 24-32. Definitions
"Best Management Practices (BMPs)" mean physical facilities, schedules of activities,
prohibitions of practices, maintenance procedures, and other management practices which, when
properly designed, installed and maintained, will be effective to prevent or reduce the discharge
of water or air pollution associated with Land Disturbance activities regulated by this article.
"Certified Professional in Erosion and Sediment Control (CPESC)" means an individual who is
currently holding such certification as issued by CPESC, Inc., or other Person holding a state
license authorizing them to prepare and submit an Erosion and Sediment Control Plan.
"City Engineer" means the City Engineer or the City Engineer's authorized representative.
"Clearing" means any activity that removes the vegetative surface cover.
"Code" means the Salina Municipal Code.
"Drainage Way" means any channel that conveys surface runoff throughout the site.
'Erosion" means the wearing away of land by the action of wind, water, gravity or ice or a
combination thereof.
"Erosion Control" means a measure that prevents erosion.
"Erosion and Sediment Control Plan" or "Plan" means a Plan for the control 'of soil erosion and
sedimentation resulting from land disturbing activity, and may include, without being limited to,
the drawings, specifications, construction documents, schedules, or other related documents
which establish the Best Management Practices (BMPs) on a project. The Plan shall include any
information required to review the design of the BMPs and to ensure proper installation,
maintenance, inspection, and removal of the BMPs, along with the details required to construct
any portion of the final storm sewer system that was impeded by a BMP.
"Erosion and Sediment Control Standards" or "Standards" means the Erosion and Sediment
Control design criteria and specifications adopted in writing by the City Engineer.
"Control Plan " means indicating the specific measures and sequencing to be used to control
sediment and erosion on a development site during and after construction.
"Grading" means excavation or fill of material, including the resulting conditions thereof.
"Land Disturbance " means any activity that changes the physical conditions of landform,
vegetation and hydrology, creates bare soil, or otherwise may cause erosion or sedimentation.
Such activities include, but are not limited to, clearing, removal of vegetation, stripping, grading,
grubbing, excavating, filling, logging and storing of materials.
"Perennial Vegetation " means grass or other appropriate natural growing vegetation that
provides substantial land cover, Erosion protection and soil stability and that is capable of
sustained and healthy growth over multiple years under the constraints of shade, temperature,
and moisture that will be prevalent on the site. For the purposes of this article, annual grasses
that do not regenerate after winter, ornamental plants or shrubs that do not offer effective
Erosion and Sediment protection, and plants that are not suitable for the expected growing
conditions on the site shall not be considered Perennial Vegetation.
"Perimeter Control" means a barrier that prevents sediment from leaving a site by filtering
sediment -laden runoff or diverting it to a sediment trap or basin.
"Permit" means a Building Permit for construction of a building, Site Development Permit,
Land Disturbance Permit, or Right of Way Permit.
"Permit Holder" means the owner or contractor who is issued a Permit pursuant to this Section.
The Permit Holder may designate a separate contact person regarding field issues related to
erosion and sediment control.
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"Person" means any individual, business,,, partnership, corporation, association, organization or
legal entity of any kind including governmental entities.
"Phasing" means clearing a parcel of land in distinct phases, with the stabilization of each
phase completed before the clearing of the next.
"Sediment" means any solid material, organic, or inorganic that has been deposited from its site
of origin by wind, water, ice or gravity as a result of soil Erosion. Sedimentation is the process
by which eroded material is transported and deposited by the action of wind, water, or gravity.
"Sediment Control" means Measures that prevent eroded sediment from leaving the site.
"Site" means a parcel of land or a contiguous combination thereof, where grading work is
performed as a single unified operation.
"Site Development" means a permit issued by the municipality for the construction or alteration of
ground
"Stabilization " means the use of practices that prevent exposed soil from eroding.
"Start of Construction" means the first land -disturbing activity associated with a development,
including land preparation such as clearing, grading, and filling; installation of streets and
walkways; excavation for basements, footings, piers, or foundations; erection of temporary
forms; and installation of accessory buildings such as garages.
"Storm Sewer System" means any conveyance or system of conveyances for stormwater,
including road with drainage systems, streets, catch basins, curbs, gutters, ditches, man-made
channels, or storm drains, as well as any system that meets the definition of a Municipal
Separate Storm Sewer System or "MS4" as defined by the Environmental Protection Agency in
40 CFR 122.26.
"Stormwater" means stormwater runoff, snowmelt runoff, and surface runoff and drainage.
"Water Bodies" means surface waters including rivers, streams, lakes and wetlands, including all
areas designated by the federal government as water of the United States.
"Watercourse" means any body of water, including, but not limited to lakes, ponds, rivers,
streams, and bodies of water delineated by the City of Salina.
"Waterway" means a channel that directs surface runoff to a watercourse or to the public storm drain.
See. 24-33. Permits.
The City Engineer shall be responsible for the administration and enforcement of this article.
The City Engineer shall have the authority to adopt regulations, policies and procedures as
necessary for the enforcement of this Article. The City Engineer may waive the requirements for
maps, plans, reports or drawings, if the City Engineer finds that the information otherwise
submitted or to be submitted will be sufficient to show that the proposed work will conform to
the requirements of this Article.
Sec. 24-34. Land disturbance permits -- when required
(a). A land disturbance permit shall be obtained from the City Engineer prior to
commencement of any of the following:
1. Any activity that changes the physical conditions of landform, vegetation and
hydrology, creates bare soil, or otherwise may cause erosion or sedimentation of one
or more acres of land or part of a larger common plan of development or sale which
may disturb a cumulative total of one or more acres. Such activities include, but are
not limited to, clearing, removal of vegetation, stripping, grading, grubbing,
excavating, filling, logging and storing of materials
2. Utility construction; except for storm sewer construction which requires a Site
Development Permit or Public Improvement Permit.
3. Construction of any privately funded public streets, public storm sewer systems,
public street lighting and the appurtenances related to these public facilities, except
when the public improvements are constructed or contracted by the City.
(b). Regardless of whether or not a Land Disturbance activity requires a Permit, any Person
engaged in any Land Disturbance activity remains subject to the illicit discharge
prohibitions and requirements contained in this Article and shall comply with the .spirit and
intent of this Article. At a minimum, such Persons shall employ BMP methods for Erosion
and Sediment Control in proportion to the scale of the activity to reduce the amount of
Sediment or other pollutants in stormwater discharges associated with those activities.
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Sec. 24-35. Building permits -- compliance with existing land disturbance permits.
Issuance of any building permit that is part of a common plan of development with a pre-
existing land disturbance permit, will require written agreement by- the permit applicant to
comply with the provisions of the pre-existing land disturbance permit.
Sec. 24-36. Franchised and/or Public Utilities Permit(s)
In lieu of obtaining individual project Land Disturbance Permits for utility -funded linear
projects, the City may issue a General Permit to franchise and public utilities which shall be
renewed annually. To apply for a General Permit, the utility must submit a permit application
which includes:
(a). Effective erosion control standards and construction methods that are to be
implemented on the utility's projects, conforming to Sections 24-34. The General
Permit does not relieve the utility of the responsibility of preparing and implementing
project specific Stormwater Pollution Prevention Plans (SWPPP), as defined by the
State of Kansas, for projects disturbing over 1 acre of area.
(b). A procedure to notify the City, no less than 14 days prior to work beginning, of projects
disturbing a cumulative area greater than 1 acre. The notification shall be accompanied
by a copy of the Stormwater Pollution Prevention Plan (SWPPP) and the associated
Kansas Department of Health and Environment (KDHE) Notice of Intent (NOI).
(c). A mechanism to reimburse the City for the cost of all abatement actions. The City
Engineer may revoke a Land Disturbance General Permit for failure to reimburse City
abatement costs within 60 days of receipt of an abatement invoice. The utility must
notify the City Engineer in writing within 14 days of any'State or Federal citations
related to erosion and sediment control violations in the City. The City Engineer shall
revoke any general permit when the activities authorized by that General Permit cause
the City of Salina to be noncompliant with the City's National Pollutant Discharge
Elimination System (NPDES) permit.
Sec. 24-37. Land disturbance permits — exemptions.
(a). Land disturbance permit is not required for the following:
1. Work to correct or remedy emergencies, including situations that pose an immediate
danger to life, property or natural resources or pose the risk of substantial flood or
fire hazards.
2. Existing nursery and agricultural operations conducted as a permitted main or
accessory use.
3. Land disturbance activities specifically authorized by a building permit which
includes an erosion and sediment control plan covering the entire area of
disturbance. This exemption is not intended to exempt the building permit from
erosion and sediment control requirements provided by Sections 24-46, 47, 48 of this
Article.
4. Linear utility projects with less than 1,500 feet of cumulative open trench
construction that are located outside the boundaries of a development project.
(b). If the land disturbance activity threatens or impedes the ability of the City to meet its
own permit requirements under the National Pollutant Discharge Elimination System
(NPDES), the City Engineer may terminate the exemption and require the applicant to
obtain a land disturbance permit in full compliance with Sections 24-34 of this Article.
Sec. 24-38. Land disturbance permits -- limitations of usage.
Authorization granted by issuance of a land disturbance permit shall be limited to authority to
proceed with land disturbance as detailed in the approved Stormwater Pollution Prevention Plan
subject to all other required approvals or permits associated with the proposed scope of work
such as but not limited to Planning Commission approval of a final development plan, siteplan
review and approval, issuance of a building permit, etc.
Sec. 24-39. Responsible Person(s)
The responsible Person(s) are the owner of the property upon which a Land Disturbance takes
place and any person(s) performing a Land Disturbance activity. When a Land Disturbance
Permit or Site Development Permit is issued, an owner is responsible for Land Disturbance
activities from Permit issuance to closure, unless the City approves a transfer of responsibility.
When Land Disturbance is authorized through the issuance of a Permit pursuant to the Building
Code, the owner remains responsible until that Permit is closed and any open Land Disturbance
Permits on the same property are closed.
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The responsible person(s) shall inspect the site on a regular schedule, which shall be no less
frequent than once each month, and shall increase such inspections when construction activity
increases. The person responsible shall inspect the site within twenty-four hours of a
precipitation event of one-half inch or greater within the city. Inspections shall be documented
in writing and made available for inspection by the City Engineer or their designee upon request.
As a condition of approval, the city shall have the authority to inspect the site for compliance
with the approved plan and this Article at all reasonable times, which may include the collection
of samples of any discharge to the stormwater management system or surface waters.
Sec. 24-40. Designation of Authorized Representatives.
The owner of the property may designate, in writing, others to act on his or her behalf, however
the responsibility for compliance with this Article with respect to land disturbance activities
shall remain with the owner of the property until the issued permit has been officially closed.
Sec. 24-41. Transfer of Permit.
The land disturbance permit holder may request that the permit be transferred to another party.
The transfer of a permit from one party to another shall be subject to the approval of the City
Engineer and not be effective until written approval is issued.
Sec. 24-42. Land disturbance permit — application
Application fees for all applications for permits shall be established by resolution of the
Governing Body. Application fees may be reviewed on an annual basis and revised as necessary
by adoption of a new resolution. Copies of the current resolution establishing filing fees shall be
on file in the offices of the City Clerk, the Engineering Division of the Public Works
Department and Development Services Department.
(a). Each application shall bear the name(s) and address(es) of the owner or developer of the
site, and of any consulting firm retained by the applicant together with the name of the
applicant's principal contact at such firm and shall be accompanied by a filing fee.
(b). Each application shall include a statement that any land clearing, construction, or
development involving the movement of earth shall be in accordance with the Erosion and
Sediment Control Plan.
(c). Applications for land disturbance, site plan approval, or building permits shall be filed
upon forms prescribed by the City and conform to the following:
1. Construction documents shall clearly indicate the location, nature and extent of the
work proposed and show in detail that it will conform to the provisions of this Article,
and other relevant laws, rules and regulations as determined by the City Engineer.
2. The construction documents shall include a site plan drawn to an engineer scale
showing the size and location .of new construction and existing structures on the site
and the legal description of the lot tract or parcel.
3. The construction documents shall include a grading plan, drainage map, and an erosion
and sediment control plan in conformance with Section 24-46, 47, 48 of this Article.
(d). Applications for land disturbance permits shall be submitted for approval by the City
Engineer. Issuance of land disturbance permits shall conform to the following:
1. Where the proposed land disturbance activity covers multiple tracts of land or multiple
lots, the permit shall be issued only to the common owner.
2. A contact person or field representative shall be identified on every permit as a
responsible party whom the City can contact regarding the installation, maintenance,
and removal of erosion and sediment control measures. The land disturbance permit
holder is responsible for timely written notification to the City Engineer of any
changes to the contact person or field representative.
Sec. 24-43. Building permits and land disturbance permits — closure.
(a). Closure of a building permit shall be completed in accordance with the provisions of this
Article. In cases where there is not a separate land disturbance permit issued for a
particular site, a final certificate of occupancy shall not be issued until the site has been
permanently stabilized and all temporary BMP's removed and all drainage and grading is
found to be in compliance with this Code.
(b). Closure of a land disturbance permit is independent of closure of other permits. If a site
has been partially stabilized, a land disturbance permit can be closed upon issuance of a
subsequent land disturbance permit covering remaining unstabilized areas. Closure of a
land disturbance permit shall be completed by obtaining a satisfactory final inspection and
issuance of a certificate of compliance. Timing of final inspections for land disturbance
permits shall conform to the following:
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1. For single-family or two-family construction only, where the permit holder seeks
closure of the entire site subject to the permit, a final inspection can be completed after
80 percent of the housing units in the associated final plat have received final
certificates of occupancy, or a minimum of three years after issuance of the first
building permit for a housing unit. Additionally, no final inspection can be made
before any temporary BMP's serving more than one lot are no longer needed and are
removed.
2. For development other than single-family or two-family residential development, a
final inspection can occur when all temporary BMP's serving more than one lot are no
longer needed and are removed.
3. For single-family or two-family construction only, the holder of a land disturbance
permit that includes multiple lots shall no longer be responsible for activities that
occur on an individual. lot for which all dwellings have received Certificates of
Occupancy. In that event there shall be a final inspection of that lot and partial closure
of the land disturbance permit prior to or at the time of issuance of a Certificate of
Occupancy.
Sec. 24-44. Expiration of permits
Expiration of disturbance permits shall comply with the following:
(a) Land disturbance permits shall expire if the authorized work has not commenced within
180 days after permit issuance. A land disturbance permit shall not expire after land
disturbance activities have begun, but shall be closed pursuant to Section 24-43.
Sec. 24-45. Review and approval
(a). The City Engineer will review each application for a site development permit to determine
its conformance with the provisions of this regulation. Within 21 days after receiving an
application, and shall, in writing:
1. Approve the permit application;
2. Approve the permit application subject to such reasonable conditions as may be
necessary to secure substantially the objectives of this regulation, and issue the permit
subject to these conditions; or
3. Disapprove the permit application, indicating the reason(s) and procedure for
submitting a revised application and/or submission.
(b). Failure of the City Engineer to act on an original or revised application within 21 days of
receipt shall authorize the applicant to proceed in accordance with the plans as filed unless
such time is extended by agreement between the applicant and the City Engineer. Pending
preparation and approval of a revised plan, development activities shall be allowed to
proceed in accordance with conditions established by the City Engineer.
(c). Time Requirement. Where Land Disturbance activities have temporarily or permanently
ceased on a portion of a project site for over 21 consecutive days, the disturbed areas shall
be protected from Erosion by stabilizing the areas with mulch or other similarly effective
soil stabilizing BMPs, unless the timeframe for compliance is extended by the City
Engineer. Where implementation of stabilization measures is precluded by snow cover,
stabilization measures shall be initiated as soon as practicable.
Sec. 24-46. Erosion and Sediment Control Plan
(a). All proposed Land Disturbance activity that requires a Permit in accordance with Sections
24-34 of this Article shall be depicted on a site-specific Erosion and Sediment Control
Plan. Land Disturbance activities that do not require a Permit in accordance with Section
24-34 of this Article are required to employ applicable BMPs included in standard details
provided by the City. The Erosion and Sediment Control Plan shall be submitted to the
City Engineer for review. The Plan shall include, at a minimum, the following
information:
(b). The Erosion and Sediment Control Plan shall include the following:
1. Proposed site map.
2. Proposed name of the development;
3. Location by legal description;
4. Names, addresses and telephone numbers of applicant and designer of plans;
5. Date, North Arrow, Scale of Plan (one inch to fifty (50) feet or one inch to one
hundred (100 feet);
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6. Existing and proposed topography of the entire site with contour lines sufficient to
demonstrate runoff from the site. In lieu of contours, the plan preparer may provide
arrows indicating direction of flow provided that said plans note that the flow
information is based upon an on-site assessment by the plan preparer; specify on-going
monitoring of site conditions and provide for performance review and plan
modification in response to the observed conditions.
7. Any area subject to one -hundred -year flooding shall be indicated;
8. The boundary lines of the area included in the site plan, including angles, dimensions
and reference to a section corner, quarter corner or point on a recorded plat;
9. If the SWPP proposes subgrade work in excess of 30" deep, existing sewers, storm
sewers, water mains, culverts and other underground facilities within the tract,
indicating locations of storm inlets, manholes and other pertinent features.
10. Areas to be disturbed.
11. A natural resources map identifying soils, forest cover, and resources protected under
other articles of this code.
12. Proposed Erosion and Sediment Control BMPs to be employed.
13. A sequence of construction of the development site, including stripping and clearing;
rough grading; construction of utilities, infrastructure, and buildings; and final grading
and landscaping. Sequencing shall identify the expected date on which clearing will
begin, the estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and establishment of
permanent vegetation.
14. All erosion and sediment control measures necessary to meet the objectives of this
local regulation throughout all phases of construction and after completion of
development of the site. Depending upon the complexity of the project, the drafting of
intermediate plans may be required at the close of each season.
15. Sufficient information regarding installation and maintenance of temporary and
permanent vegetative control measures such that the SWPP clearly communicates the
intended performance of the control measures and the manner in which said measures
shall be installed and implemented.
16. Details and specifications for any sections of the final storm sewer system that must be
constructed after the removal of BMPs such as temporary sediment basins.
17. Final stabilization plan for each phase.
18. Provisions for maintenance of control facilities, including easements and estimates of
the cost of maintenance.
19. Work schedule.
Sec. 24-47. Plan Preparation, Review and Approval.
(a). Review and Approval of Erosion and Sediment Control Plans. The Erosion and
Sediment Control Plan shall be of sufficient clarity to indicate the location, manner,
nature and extent of the work proposed. The Plan shall clearly show that the proposed
work will conform to the provisions of this Code, the Erosion and Sediment Control
Standards, and other relevant laws, Chapters, policies, rules and regulations as
determined by the City Engineer. The City Engineer shall review the submitted
documents to determine compliance with the Erosion and Sediment Control Standards.
If the City Engineer finds that the Plan is not in compliance, the City Engineer shall
advise the Applicant which elements of the Plan are not in compliance.
The City Engineer may either waive plan content requirements or require any
additional information or data deemed appropriate information or data when they deem
that doing so ensures compliance with the intent, purpose and provisions of this
Section of the Code.
(b). Preparation of Plans. Erosion and Sediment Control Plans submitted to the City for
review must be prepared under the supervision of and sealed by a licensed professional
engineer, landscape architect or by a Certified Professional in Erosion and Sediment
Control (CPESC). The engineer or landscape architect must be licensed to practice in
the State of Kansas. The plan shall be prepared at an engineer's scale of one inch
equals fifty (50) feet, or one inch equals one hundred (100) feet on a tract of land
containing five (5) acres or more.
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The City Engineer may waive this Plan preparation requirement if the Applicant's Plan
consists entirely of utilizing standard plans and specifications as adopted in the City's
Erosion and Sediment Control Standards.
(c). Modifications to the plan shall be processed and approved or disapproved in the same
manner as Section IV of this regulation, and may be authorized by the City Engineer
by written authorization to the permittee, and shall include:
1: Major amendments of the erosion and sediment control plan submitted to the City
Engineer
2. Field modifications of a minor nature
(d). Amended Plans. Work shall be installed and maintained in accordance with the
approved Plan. Changes made during construction that are not in compliance with the
approved Plan shall be resubmitted for approval as an amended set of construction
documents. Minor modifications of the approved Plan may be authorized by the City
Engineer without formal review provided those modifications are consistent with the
Erosion and Sediment Control Standards and standard industry practice.
Sec. 24-48. Design Requirements
(a). Erosion and Sediment Control Plan designs shall be based on, but not limited to, the
following principles:
1. Erosion and Sediment Control Plans shall incorporate the following elements:
a. Soil stabilization shall be completed within five days of clearing or inactivity in
construction.
b. Fit the development to existing site conditions.
c. Stabilize disturbed areas.
d. Minimize the extent of exposure.
e. Minimize duration of exposure.
f. Inspection and maintenance of control measures.
g. Use of performance measures and outcomes.
h. Timely employment and maintenance of all measures.
i. Break work activities into phases when possible
j. If seeding or another vegetative erosion control method is used, it shall become
established within two weeks or the City Engineer may require the site to be
reseeded or a nonvegetative option employed.
L When possible, protect disturbed areas from any unnecessary run-on off
stormwater from adjacent sites, at least during the construction period.
1. Special techniques that meet the design criteria on steep slopes or in drainage
ways shall be used to ensure stabilization.
in. Soil stockpiles must be stabilized or covered at the end of each workday.
n. The entire site must be stabilized, using a heavy mulch layer or another method
that does not require germination to control erosion, at the close of the
construction season.
o. Techniques shall be employed to prevent the blowing of dust or sediment from
the site.
p. Techniques that divert upland runoff past disturbed slopes shall be employed.
q. Keep runoff velocities low.
r. Retain Sediment on the site.
2. Sediment control techniques may include:
a. Settling basins, sediment traps, or tanks and perimeter controls.
b., Settling basins that are designed in a manner that allows adaptation to provide
long term stormwater management, if required by the City Engineer
c. Protection for adjacent properties by the use of a vegetated buffer strips in
combination with perimeter controls
3. Other Pollutants. In addition to Sediment, the Erosion and Sediment Control Plan
shall provide for the control of other pollutants related to the Land Disturbance
activity that might cause an adverse impact to water quality, including, but not
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limited to, discarded building materials, concrete truck washout, fuel, hydraulic
fluids, chemicals, litter, and sanitary wastes.
4. Waterway and watercourse protection requirements shall include:
a. A temporary stream crossing installed and approved by the City Engineer
if a wet watercourse will be crossed regularly during construction
b. Stabilization of the watercourse channel before, during, and after any in -
channel work
c. Appropriate design of all on-site stormwater conveyance channels.
d. Stabilization adequate to prevent erosion located at the outlets of all pipes
and paved channels
5. Construction site access requirements shall include:
a. a temporary access road provided at all sites
b. other measures required by the City Engineer in order to ensure that
sediment is not tracked onto public streets by construction vehicles or
washed into storm drains
(b). Erosion and Sediment Control Standards. The City Engineer may adopt and maintain
Erosion and Sediment Control Standards to assist in the administration of this Article.
See. 24-49. Enforcement.
(a). The Governing Body hereby delegates to the City Manager the authority to designate a
public officer to be charged with the administration and enforcement of this Article as
it concerns illicit discharges. The public officer shall authorize the investigation of
violations. If it is determined that a violation exists, then the officer shall file a written
report with the City Manager and direct that an order of abatement be sent to the
property owner, representative, or tenant. The Governing Body, by resolution, also
may make such determination;
(b). Except as provided by Subsection C, the order of abatement shall be served on the
owner or agent of such property by certified mail, return receipt requested, or by
personal service, or if the same is unoccupied and the owner is a nonresident, then by
mailing a notice by certified mail, return receipt requested, to the last known address -
of the owner.
(c). If the owner or agent of the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of an order sent pursuant to this Section during
the preceding 24 -month period, the City may provide notice of the issuance of any
further orders to abate or remove a nuisance from such property in the manner
provided by Subsection B or as provided in this Subsection. Except as specifically
provided in this Subsection, the City may provide notice of the order by such methods
including, but not limited to, door hangers, conspicuously posting notice of such order
on the property, personal notification, telephone communication or first class mail. If
the property is unoccupied and the owner is a nonresident, notice provided by this
Section shall be given by telephone communication or first class mail
(d). The order of abatement shall state:
1. A common or legal description of the property, or both;
2. The nature of the violation, 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. That the condition creating the violation shall be abated within a designated time
period, provided that extensions of such time period shall be granted if the owner
or agent of the owner of the property demonstrates that due diligence is being
exercised in abating the violation;
4. That the recipient, upon written request, may obtain a hearing before a designated
hearing officer, provided such request is received by the City Clerk prior to the
expiration of the designated compliance period;
5. That failure to comply with the order of abatement shall result in the City abating
the violation with the assessment of costs made against the property or by filing
for judgment against the recipient;
6. That failure to pay such assessment within 30 days of the notice of costs shall
result in the filing of a tax lien against the property, or the filing for judgment
against;the recipient, or both;
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7. That such violations are subject to prosecution.
(e). If the recipient of the order of abatement makes a written request for hearing within the
designated compliance period, then the City shall immediately schedule a hearing
before a designated hearing officer. The hearing officer shall receive evidence, review
the investigation, and prepare a written order. The order shall be sent by certified mail
to all relevant parties within 10 days of the hearing, unless otherwise stated at the
hearing, and prior to the City taking any action to abate the violation. The order shall
describe the relevant facts relied upon, state the specific Code provisions being relied
upon should a violation be found, and state any such other stipulations, methods of
abatement, or orders as deemed necessary by the hearing officer.
(f). The City Manager, or his designee, is hereby designated as the hearing officer as the
representative of the governing body for the purposes of conducting hearings
requested by any recipient of an order of abatement.
(g). It shall be unlawful for the property owner of any property or the agent of the owner of
the property who has received a compliance order or upon whom an order of
abatement has been served to sell, transfer, mortgage, lease or otherwise dispose of to
another until the provisions of the notice have been complied with, or until such
property owner or agent of the owner of the property shall first furnish the grantee,
transferee, mortgagee or lessee a true copy of any order of abatement and shall furnish
to the public officer a signed and notarized statement from the grantee, transferee,
mortgagee or lessee, acknowledging the receipt of such notice of abatement and fully
accepting responsibility. without condition for making the corrections or repairs
required by the notice of abatement.
(h). If the recipient of the order of abatement fails to comply with the order within the
period of time designated in the order, or fails to comply with the order after a hearing
on the matter, 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 nuisances.
(i). If the City takes action to abate the violation, it shall provide a Notice of Costs to the
property owner, representative, or tenant. 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 to make full payment. The Notice of Costs shall state:
1. The common or legal description of the property, or both;
2. The nature of the violation, including relevant ordinances;
3. The nature of the work performed to abate the violation;
4. The costs incurred for the abatement of the violations in either a lump sum or in
itemized form;
5. That the notice is a demand for payment within 30 days from the date of notice;
6. 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 litigation for the recovery of the costs, or
both;
7. That such additional remedies to recover costs shall include additional amounts
including additional administrative costs, attorneys' fees when applicable, and
interest;
8. 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 Public Officer.
9. 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 lot or piece of land. The City Clerk at
the time of certifying other City taxes to the County Clerk shall certify the
aforesaid costs, and the County Clerk shall extend the same on the tax roll of the
county against the lot or parcel of ground, 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,
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as amended, by bringing an action in the appropriate 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.
10. The abatement of a nuisance by the City shall not be a defense or excuse to the
owner of a vehicle or property in violation of this article.
Sec. 24-50. Injunctive Relief.
It shall be unlawful for any person to violate any provision or fail to comply with any of the
requirements of this Article. If a person has violated or continues to violate the provisions of
this article, the authorized enforcement agency may petition for a preliminary or permanent
injunction restraining the person from activities which would create further violations or
compelling the person to perform abatement or remediation of the violation.
Sec. 24-51. Compensatory Actions.
In lieu of enforcement proceedings, penalties, and remedies authorized by this Article, the
authorized enforcement agency may impose upon violator alternative compensatory actions,
such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc.
Sec. 24-52. Criminal Prosecution.
Any person that has violated or continues to violate this article shall be liable to criminal
prosecution to the fullest extent of the law, and shall be subject to a criminal penalty of not
less than $50 nor more than $500 dollars per violation per day and/or imprisonment for a
period of time not to exceed 6 months.
The authorized enforcement agency may recover all attorney's fees court costs and other
expenses associated with enforcement of this article, including sampling and monitoring
expenses.
Sec. 24-53. Remedies Not Exclusive.
The remedies listed in this article are not exclusive of any other remedies available under
any applicable federal, state or local 'law and it is within the discretion of the authorized
enforcement agency to seek cumulative remedies.
If any section, subsection, paragraph, sentence, clause or phrase in this Article or any part
thereof is held to be unconstitutional, invalid or ineffective by any court of competent
jurisdiction, such decision shall no affect the validity or effectiveness of the remaining
portions of this article.
Sec. 24-54. Severability
The. provisions and sections of this article shall be deemed to be separable, and the invalidity
of any portion of this article shall not affect the validity of the remainder.
If any section, subsection, paragraph, sentence, clause or phrase in this Article or any part
thereof is held to be unconstitutional, invalid or ineffective by any court of competent
jurisdiction, such decision shall not affect the validity or effectiveness of the remaining
portions of this Article.
Section 2. That Article III of Chapter 24 is hereby added.
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]
ATTEST:
LA-W���r
Lieu Ann Elsey, CMC, City Clerk
Passed: May 10, 2010
Adopted: May 24, 2010
cw. �.
A on G. Peck, Mayor