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sewerage discharge 311 s. 3rd. 12/2/1981SALINA-SALINE COUNTY DEPARTMENT OF COMMUNITY HEALTH - GOVERNMENT CENTER - SALINA, KANSAS 67401 TELEPHONE 913/827-9376 December 2, 1981 Daniel Hebert Assistant City Attorney Planters Bank Arcade Salina, KS 67401 Dear Sir: Subject: Sewerage being discharged to the surface creating an unhealthful condition at 311 South Third This property is owned by Jack Sheahon and Scott M. Price. A notice was sent to them November 3, 1981 in regard to this problem. Mr. Price contacted this office on November 13, 1981 stating that the problem would be corrected that weekend or next and asked for the.time., It was granted. He also stated he would contact us for approval. To this date no contact has been made. It is the Health Department's feeling that there has been sufficient time for the project to be completed and I am forwarding this to you for whatever action you would feel necessary to bring the problem to a close. A copy of the complaint along with a copy of the receipt of registered mail is enclosed.. If you have questions, please call. Sincerely wa,A�& Warren Griffin Supervising Sanitarian Enclosures cc: Building Inspection Don Hoff, City Engineering aen L <cwsdn•m. suw n Griffin FROM: Ronald R. Tremblav CITY OF SALINA, KANSAS INTER -DEPARTMENTAL MEMO caner oullaing ana toning inspector.. o. 311 South 3rd. E: In August of 1981, at the request of Imler Plumbing, I inspected 311 South 3rd to try to determine where the sewage was going. Test shows that it is draining directly into the river channel.. y O SENDER: CnmPkN Item,1, ?, and 3. - -muYear adLen 1v 0e "Rk7'VRN To- apace on m I. Ths fypbwing w"I" Is requested (check ow . ©Show to whom and date delivered........... Show to whom, date and address of deNVc&... ' O RESTRICTED DELVERY m Show to wham and data delivered... a...... s i ❑ RESTRICTED DELIVERY. R Show to whom, date, and address of deltvery_S_ (CONSULT POSPdASSTER FOR �FEEES) C a �RT' IC � ADO�Li T'c-ec-!'.a .LL -SLG i i d RTICLE DESCRIPTION. / REGISTEREOA'O. CERTIFIEDNO.. I' INSURED N0. 132�'f Iliii?i (AI Ys obtain OSnatuee of eddeasNla a agent) I have received the article described above.- - -" SIGNATURE DAddraaaaa "- - - d. fi" ' T N .ALJ �P i��� S. ADDRESS (Cam;, S. VNA 29, 1981 SALINA-SALINE COUNTY DEPARTMENT OF COMMUNITY HEALTH - GOVERNMENT CENTER • SALINA, KANSAS 67401 TELEPHONE 913/827-9376 November 3, 1981 Jack Sheahon & Scott M. Price 1226 East Wayne Salina, KS 67401 Dear Sirs: Subject: -Sewerage being discharged to the surface creating an unhealthful condition Legal Description: S115' L 9 Plat J It has been brought to our attention that sewerage is being discharged into the river from 311 S. Third creating an unhealthful condition. A survey of the property was made by the city plumbing inspector, city engineer, and City Sewer Department. The•complaint was found to be valid. You are hereby notified that under Chapter 15, Article I Section 15-7 the property at 311 S. Third• is to be hooked to the city sewer.system to remove this unhealthful condition. .Under Chapter 15 Section 15-3 this problem is to be corrected within ten (10) days from date of notice. We would appreciate your cooperation in this matter. Sincerely, Warren Griffin Supervising Sanitarian I CITY OF SAILANA L. O. BENOTSON, CITY ATTORNEY DANIEL L. HEBERT, ASSISTANT CITY ATTORNEY PLANTERS BANK ARCADE. SUITE C 114 EAST IRON AREA 6.A* '-'.I tl71-5482 P O SOK 903 AREA CODE 913 Sn22u December 3, 1981 F t ! k Mr. Sc t Price c, r,,�•-_ _ I, !-, Mr. J ck Sheahon 122 East Wayne Sa na, Kansas 67401 Re: Sewerage Discharge at 311 S. 3rd, Salina, KS Dear Scott and Jack: I have been requested by Warren Griffin of the Community Health Department to follow up on their previous correspondence with you regarding the above situation. I realize that you have been involved in some potential litigation regarding this situation, but it does appear that Mr. Griffin is correct in asserting that a violation of City Code Chapter 15, Article I, Section 15-7, is occurring. Please do whatever is necessary to correct this situation or advise me of the situation of your litigation; otherwise, some injunction proceedings will probably have to be instituted to secure compliance. V,eryi-Er'41y yours, Daniel L. Hebert, Assistant City Attorney DLH:bhh cc: /Warren Griffin L. O.. Bengston, City Attorney MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES • NATIONAL LEAGUE OF CITIES L. O. BENGTSON, CITY ATTORNEY 114 EAST IRON P 0 BOX 903 AREA CODE 913.8212244 December 18, 1981 DANIEL L. HEBERT, ASSISTANT CITY ATTORNEY. PLANTERS BANK ARCADE, SUITE C AREA CODE 913 325-5492 Paul J. Richardson, Director Salina -Saline Co. Community Health Dept. 300 West Ash Salina, Kansas 67401 Re: 311 South 3rd, Salina, Kansas Dear Paul: im Upon receipt of your letter of December 17, 1981, I contacted Mr. Scott Price, one of the owners of the subject property. I had previously discussed this matter with Mr. Price. Mr. Price outlined the following steps that the owners have taken and are taking to correct the problem: 1. They have obtained an easement from Mr. Rich Boyd, a next door neighbor, in order to excavate over Mr. Boyd's property. 2. They have prepared and are negotiating a similar easement with Mr. Dick Houser, the owner of a duplex two doors away. Such easement is a legal requirement for excavation through a neighbor's property. 3. A contract has been entered into with.Giles Plumbing Company of Salina to commence the excavation and installation as soon as the Houser easement is obtained. Mr. Price anticipated that with Christmas coming up, work would not commence on this until the week after Christmas. It would be my opinion that, since legal process would take at least that long in any event and would be subject to the same holiday delays,, we allow the property owners to proceed as they have outlined. It would appear that any contract let by the City for the elimination of this nuisance would require similar easements or condemnation of the adjacent property. It would appear that although no physical work has been done, legal ground work has been done and that the physical installation work will be commencing shortly. Allowing the property owners MEMBER ... KANSAS LEAGUE OF MUNICIPALITIES - NATIONAL LEAGUE OF CITIES I -14 -2- to proceed as outlined would appear at this time to be in the best economical interest of the City, both financially and in terms of timing. I would be happy to further discuss this matter at your early convenience. i will, however, be -out of the office from December 24 through and including December 29, 1981. With kindest personal regards, I am Cor y yours, Daniel L. Hebert, Attorney DLH:bh cc: Rufus Nye,'City Manager L. O. Bengtson, City Attorney V16on Hoff, Asst. City Engineer C 0 P Y" SALINA-SALINE COUNTY DEPARTMENT OF COMMUNITY HEALTH • GOVERNMENT CENTER • SALINA, KANSAS 67401 TELEPHONE 913/827-9376 December 17, Daniel L. Hebert Assistant City Attorney Planter's Bank Arcade, Suite L Salina, Ks 67401 _ Re: Sewerage discharge at 311 S. 3rd, Salina,.Kansas Dear Dan: An inspection of the above residence was made on December 17, 1981 by Warren Griffin of this department. He has informed me that no effort has been made to correct the problem. Pursuant to Salina City Code Chapter 15, Article I,. Section 15-3, 15-7 and 15-8, I request you proceed.as outlined. The Owners of Record have had more than ample time to eliminate the violation. Very truly ours, (-i.-•1.,�� �-�( }4MS <PAUL J. RIC DSO,.P Director cc: Rufus L.-Nye,.City Manager L.O. Bengston, City Attorney rron Hoff, Assistant City Engineer PJR:ejs