8309 Min Housing Requirements1
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ORDINANCE NUMBER 8309
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(Published in The Salina Journal
AN ORDINANCE ESTABLISHING MINIMUM HOUSING REQUIREMENTS; DEFINING TERMS;
PROHIBITING CERTAIN ACTS; PROVIDING CERTAIN PROCEDURES; AMENDING CHAPTER SIXTEEN
OF THE SALINA CODE AND REPEALING THE EXISTING CHAPTER.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. That Chapter Sixteen of the Salina Code is hereby amended
to read as follows:
Chapter 16
HOUSING
Article I. In General
Section 16-1. Short title.
This chapter shall be known as the "Minimum Housing
Code", and will be referred to herein as ,this code".
Section 16-2. Compliance required.
Buildings used in whole or in part as a home or residence
of a single family or person and every building used in whole
or in part as a home or residence of two (2) or more persons
or families living in separate apartments shall conform to the
requirements of this code.
Section 16-3. Policy and purpose declared.
The Board of Commissioners declares the purpose of this
code is to protect, preserve, and promote the physical and
mental health of the people, investigate and control communicable
diseases, regulate privately and publicly owned dwellings for the
purpose of sanitation and public health, and protect the safety
of the people and promote the general welfare by legislation
which shall be applicable to all dwellings now in existence or
hereafter constructed and which legislation: (1) establishes
minimum standards for basic equipment and facilities for light,
ventilation and heating, for safety from fire for the use and
location and amount of space for human occupancy, and for safe
and sanitary maintenance; (2) determines the responsibilities
of owners, operators and occupants of dwellings; and (3) provides
for the administration and enforcement thereof.
Section 16-4. Definitions.
The following definitions shall apply to the enforcement
of this code:
Section 16-4 (1) Basement shall mean a portion of
a building located partly underground, but having less than
half (2) of its clear floor -to -ceiling height below the
average grade of the adjoining ground.
Section 16-4 (2). Cellar shall mean a portion of a
building located partly or wholly underground, and
having half(2) or more than half(2) of its clear floor -to -
ceiling height below the average grade of the adjoining ground.
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Section 16-4 (3). Dwelling shall mean any building which is
wholly or partly used or intended to be used for living or
sleeping by human occupants: Provided that temporary housing as
hereinafter defined shall not be regarded as a dwelling.
Section 16-4 (4). Dwelling unit shall mean any room or
group of rooms located within a dwelling and forming a single
habitable unit with facilities which are used, or intended to
be used, for living, sleeping, cooking and eating.
Section 16-4 (5). Garbage shall mean any accumulation of
animal, fruit or vegetable waste matter that attends the prepara-
tion, use, cooking, delivering, or storage of meats, fish, fowl,
fruits or vegetables.
Section 16-4 (6). Habitable dwelling shall mean any structure
or part thereof that shall be used as a home or place of abode by
one or more persons.
Section 16-4 (7). Habitable room shall mean a room designed
to be used for living, sleeping, eating or cooking purposes,
excluding bathrooms, toilet rooms, closets, halls and storage
places, or other similar places, not used by persons for extended
periods.
Section 16-4 (8). Infestation shall mean the presence,
within or around a dwelling, of insects, rodents, or other pests.
Section 16-4 (9). Multiple dwelling shall mean any dwelling
containing more than two (2) dwelling units.
Section 16-4 (10). Occupant shall mean any person, over one
year of age, living, sleeping, cooking, or eating in, or having
actual possession of, a dwelling unit or rooming unit.
Section 16-4 (11). Operator shall mean any person who has
charge, care, or control of a building, or part thereof, in which
dwelling units or rooming units are let.
Section 16-4 (12). Owner shall mean any person, firm, or
corporation who, jointly or severally along with others, shall be
in actual possession of, or have charge, care and control of any
dwelling unit within the city as owner, employee, or agent of
the owner, or as trustee or guardian of the estate or person of
the title holder, and such person shall be deemed and taken to be
the owner or owners of such property within the true intent and
meaning of this code and shall be bound to comply with the
provisions to the same extent as the record owner and notice to
any such person shall be deemed and taken to be a good and
sufficient notice as if such person or persons were actually
the record owner or owners of such property.
Section 16-4 (13). Plumbing shall mean and include all of
the following supplied facilities and equipment: Gas or fuel pipes,
gas or fuel burning equipment, water pipes, garbage disposal units,
waste pipes, water closets, sinks, installed dishwashers, lavatories,
bathtubs, shower baths, installed clothes -washing machines, catch
basins, drains, vents.and any other similar supplied fixtures,
together with all connections to water, sewer, gas or fuel lines.
Section 16-4 (14). Building inspector shall be that person
appointed by the city manager pursuant to section 2-77 of the
Salina Code, together with the city health officer and such
assistant officers as the city manager shall designate.
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Section 16-4 (15). Rooming unit shall mean any room or
group of rooms forming a single habitable unit used or intended
to be used for living and sleeping; but not for cooking or
eating purposes.
Section 16-4 (16). Rooming house shall mean any dwelling,
or that part of any dwelling containing one or more rooming
units, in which space is let by the owner or operator to three
(3) or more persons who are not husband or wife, son or
daughter, mother or father, or sister oribrother of the owner
or operator.
Section 16-4 (17). Refuse shall include garbage and trash.
Section 16-4 (18). Supplied shall mean paid for, furnished,
or provided by, or under the control of, the owner or operator.
Section 16-4 (19). Temporary housing shall mean any tent,
trailer, or other structure used for human shelter which is
designed to be transportable and which is not attached to the
ground, to another structure, or to any utilities system on
the same premises for more than thirty (30) consecutive days,
or one which is located in a mobile homes court duly licensed
by the city.
Section 16-4 (20). Trash, combustible shall mean waste
consisting of papers, cartons, boxes, barrels, wood and excelsior,
tree branches, yard trimmings, wood furniture, bedding and
leaves.
Section 16-4 (21). Trash, noncombustible' -shall mean waste
consisting of metals, tin cans, glass, crockery, other mineral
refuse and ashes and street rubbish and sweepings.
Section 16-4 (22). Meaning of certain words. Whenever the
words "dwelling", "dwelling unit", "rooming house", "rooming
unit", "premises", are used in this chapter, they shall be
construed as though they were followed by the words "or any part
thereof".
Section 16-5. Violations; nuisance declared.
Any violation of the provisions of this code shall be
deemed a nuisance and detrimental to the health, safety and
welfare of the inhabitants of this city. It shall be a mis-
demeanor for any owner or occupant to maintain such a nuisance.
Section 16-6. Effect of conflict of ordinances
In any case where a provision of this code is found to be
in conflict with a provision of any zoning, building, fire,
safety, or health ordinance or code of the city existing on the
effective date hereafter, the provision which establishes the
higher standard for the promotion and protection of the health
and safety of the people shall prevail. In any case where a
provision of this code is found to be in conflict with a
provision of any other ordinance or code of the city existing
on the effective date hereafter which establishes a lower
standard for the promotion and protection of the health and
safety of the people, the provisions of this code shall be
deemed to prevail.
Section 16-7. Responsibilities of owners, occupants generally.
Every dwelling, including all yards, lawns and courts shall
be kept clean and free from any accumulation of filth, rubbish,
garbage or any similar matter. It shall be the duty of each
occupant of a dwelling unit to keep in clean condition the portion
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of the property which he occupies and of which he has exclusive
control, to comply with the rules and regulations and to place
all garbage and refuse in proper containers. If receptacles
are not provided by the owner, then the occupant shall provide
such receptacles as may be necessary to contain all garbage and
trash. Every occupant of a dwelling containing a single dwelling
unit shall be responsible for the extermination of any insects,
rodents or other pests therein or on the premises; and every
occupant of a dwelling unit in a dwelling containing more than
one dwelling unit shall be responsible for such extermination
whenever his dwelling unit is the unit primarily infested.
Notwithstanding the foregoing provisions of this section, whenever
infestation is caused by failure of the owner to maintain a
dwelling in a ratproof or reasonably insect -proof condition,
extermination shall be the responsibility of the owner and
operator. Whenever infestation exists in two (2) or more of the
dwelling units in any dwelling, or in the shared or public parts
of any dwelling containing two (2) or more dwelling units,
extermination thereof shall be the responsibility of the owner.
Section 16-8. Maintenance and repair.
Every dwelling and every part thereof shall be maintained
in good repair by the owner or agent and shall be fit for human
habitation. The roof shall be maintained so as not to leak and
all rainwater shall be drained therefrom so as not to cause damp-
ness in the walls or ceilings. All floors, stairways, doors,
porches, windows, skylights, chimneys, toilets, sinks, walls, and
ceilings shall be kept in good repair and good usable condition.
Section 16-9 - 16-1$ Reserved.
Article II. Administration and Enforcement
Division I. Generally
Section 16-19. Responsibility for enforcement.
The building inspector is hereby authorized and directed to
enforce all of the provisions of this code. The city manager may
also appoint such number of inspectors as may be necessary from time
to time, or he may deputize such employees as may be necessary, to
carry out the functions required for the enforcement of this code.
Section 16-20. Building inspector may make recommendations.
The building inspector is authorized to make recommendations
from time to time as shall be necessary to carry out the purpose
of this code; which recommendations and regulations shall become
effective when approved by ordinance of the board of commissioners.
Section 16-21. Inspection authorized.
For the purpose of determining compliance with the provisions
of this code, the building inspector or his authorized representative,
is hereby authorized and directed to make inspections to determine
the condition, use and occupancy of dwellings, dwelling units, room-
ing units, and the premises upon which the same are located. For the
purpose of making such inspections, the building inspector or his
authorized representative, is hereby authorized to enter, examine
and survey all dwellings, dwelling units, rooming units and premises
upon which the same are located, at all reasonable times.
Section 16-21 (1). Notification and right of entry.
The owner, operator and occupant of every dwelling, dwelling
unit, and rooming unit shall give the building inspector, or his
authorized representative, free access to such dwelling, dwelling
unit, or rooming unit, and its premises, for the purpose of such
inspection, examination and survey. In the event the owner, operator,
or occupant refuses to admit the building inspector, the inspector
may apply for the right to enter and inspect, by application to the
District Court of Saline County, Kansas.
Section 16-21 (2). Occupant to give owner access for
repairs or alterations.
Every occupant shall give to the owner thereof, or his agent or
employees, access to any part of such dwelling, or its premises,
at all reasonable.times for the purpose of making such repairs
or alterations as are necessary to effect compliance with the
provisions of the code, or with any rule or regulations adopted
and promulgated, or any order issued pursuant to the provisions of
this code.
Section 16-22. Notice of violations required.
Except in those instances in which section 16-24 hereof is
applicable, whenever the building inspector or his authorized
representative determines that there has been a violation of any
provision of this chapter or any rule or regulation adopted
pursuant hereto, he shall give notice of such alleged violation
to the person or persons who are or may be responsible therefor,
as enumerated in section 16-23 (4).
Section 16-23. Contents of notice; service.
This notice of violation shall:
Section 16-23 (1). Be in writing;
Section 16-23 (2). Particularize the violations alleged to
exist or to have been committed;
Section 16-23 (3). Provide a reasonable time, but not less
than thirty (30) days in any event, for the correction of the
violations particularized;
Section 16-23 (4). Be addressed to and served upon the
owner of the property, the operator of the dwelling, and the
occupant of the dwelling unit or the rooming unit concerned,
if the occupant is or may be responsible for violation. Service
shall be by personal service or by registered or certified
mail, return receipt requested, delivered to addressee only,
If service is made by registered or certified mail, the building
inspector or his authorized representative shall include in the
record a verified statement giving details regarding the
mailing. If one or more persons to whom the notice is addressed
cannot be found or served after diligent effort to do so,
service may be made upon such person or persons by posting a
notice in a conspicuous place in or about the dwelling affected
by the notice, in which event the building inspector or his
authorized representative shall include in the record a statement
as to why such posting was necessary.
Section 16-24. Designation, condemnation of unfit dwellings.
The designation of dwellings or dwelling units as unfit
for human habitation and the procedure for the condemnation
and placarding of such unfit dwellings or dwelling units shall
be carried out in compliance with the following requirements:
Section 16-24 (1). Standards. The building inspector may
determine that any dwelling unit is unfit for human use or
habitation if he finds that conditions exist in such structure
which are dangerous or injurious to the health, safety or
morals of the occupants of such buildings, or other residents
of the municipality, or which shall have a blighting influence
on properties in the area. Such conditions may include the
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following without limitations: Defects therein increasing the
hazards of fire, accident, or other calamities; lack of
adequate ventilation; air pollution; light or uncleanliness,
sanitary facilities; delapidation; disrepair, structural
defects; overcrowding; inadequate ingress and egress; dead
and dying trees, limbs or other unsightly natural growth;
unsightly appearances that constitute a blight to the adjoin-
ing property, the neighborhood or the city; walls, siding or
exteriors of a quality and appearance not commensurate with
the character of the properties in the neighborhood; unsightly
stored or parked material, equipment, supplies, machinery,
trucks, or automobiles or parts thereof; vermin infestation;
inadequate drainage; or any violation of the health, fire,
building or zoning regulations, or other law or regulations
relating to the use of land and the use and occupancy of the
buildings and improvements.
Section 16-24 (2). Placarding, order to vacate. Any
dwelling or dwelling unit condemned as unfit for human habitation
and so designated and placarded by the building inspector, shall be
vacated within thirty (30) days.
Section 16-24 (3). Compliance required before reoccupancy.
No dwelling or dwelling unit which has been condemned and
placarded as unfit for human habitation shall again be used for
human habitation until written approval is secured from and
such placard is removed by, the building inspector. The building
inspector shall remove such placard whenever the defect or defects
upon which the condemnation and placarding action were based
have been eliminated. It shall be unlawful for anyone to let,
lease, occupy or permit the occupancy, whether for a consider-
ation or not, of any dwelling so posted and any violation of
this provision shall constitute a misdemeanor within the mean-
ing of this code. It shall be unlawful for any person to
deface or remove the placard from any dwelling or dwelling unit
which has been condemned as unfit for human habitation and
placarded as such, except the building inspector as herein
provided, and any violation of this provision shall constitute a
misdemeanor within the meaning of this code.
Section 16-25. Order to repair, remove or demolish.
At the time of the placarding and order to vacate specified
by section 16-24 (2) hereof, the building inspector shall determine
the cost of repairs, alterations, or improvements and shall
notify the owner of his determination. The building inspector
shall also issue and cause to be served upon the owner in the
manner specified for serving notice in section 16-23 (4) hereof,
a further order which:
Section 16-25 (1). If the repair, alteration, or improve-
ment of the structure can be made at a cost which is less than
three hundred per cent (300%) of the then current assessed
taxable value of the structure, requires the owner, within the
time specified in the order, to repair, alter, or improve such
structure so as to render it fit for human use or habitation
and commanding the owner to leave such structure vacant until
compliance with such order; or
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Section 16-25 (2). If the repairs, alterations, or
improvements of the structure cannot be made at a cost which
is less than three hundred per cent (300%) of the then
current assessed taxable value of the structure, requires the
owner within the time specified in the order to remove or
demolish such structure.
Section 16-26. Procedure for repairs or demolition.
Section 16-26 (1). Whenever a petition is filed with the
building inspector, or his designated agent, by at least five (5)
residents of the municipality charging that any structure is
unfit for human use or habitation, or whenever it appears to
the building inspector, or his designated agent, on his own motion,
that any structure is unfit for human use or habitation, he shall,
if his preliminary investigation discloses a basis for such
charges, issue and cause to be served upon the owner, every
mortgagee of record and all parties in interest in such structure
(including persons in possession) a complaint stating the charges
in that respect. Such complaint shall contain a notice that a
hearing will be held before the building inspector or his designated
agent at a place therein fixed not less than ten (10) days nor
more than thirty (30) days after the serving of said complaint;
the owner, mortgagee and parties in interest shall have the right
to file and answer to the complaint and to appear in person, or
otherwise, and give testimony at the place and time fixed in the
complaint; and that the rules of evidence prevailing in courts
of law or equity shall not be controlling in hearings before the
building inspector.
Section 16-26 (2). If, after such notice and hearing the
building inspector determines that the structure under consideration
is unfit for human use or habitation he shall state in writing
his findings of facts in support of such determination and shall
issue and cause to be served upon the owner thereof an order
which:
Section 16-26 (2) (a). If the repair, alteration, or
improvements of said structure can be made at a reasonable
cost in relation to the value of the structure, which shall
not exceed three hundred per cent (300%) of the then current
assessed taxable value of the structure, the owner of said
property shall within the time specified in the order, repair,
alter or improve such structure to render it fit for human
use or habitation or shall vacate and close the structure
until conformance with this ordinance is made; or,
Section 16-26 (2) (b). If the repair, alteration or
improvement of the said structure cannot be made at a reason-
able cost in relation to the value of the structure, that
is to say, less than three hundred per cent (300%) of the then
current assessed taxable value of the structure, which is hereby
fixed as a reasonable cost by the governing body of said city,
the owner shall within the time specified in said order remove
or demolish such structure.
Section 16-26 (3). If the owner fails to comply with an
order to repair, alter, or improve or to vacate and close the
structure within one hundred twenty (120) days from the date of
issuance of such order, the building inspector may cause such
structure to be repaired, altered or improved, or to be vacated
and closed.
Section 16-26 (4). If the owner fails to comply with an
order to remove or demolish the structure within one hundred
twenty (120) days from the date of issuance of such order, the
building inspector may cause such structure to be removed or
demolished.
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Section 16-26 (5). The amount of the cost of such repairs,
alterations or improvements, or vacating and closing or removal
or demolition by the building inspector shall be a lien against
the real property upon which such cost was incurred and such
lien, including as part thereof allowance of his costs and the
necessary attorney's fees, may be foreclosed in judicial pro-
ceedings, in the manner provided or authorized by law for loans
secured by liens on real property or shall be assessed as a
special assessment against the lot or parcel of land on which
the structure was located and the city clerk shall at the time
of certifying other city taxes, certify the unpaid portion of
the aforesaid costs and the county clerk shall extend the same
on the tax rolls of the county against said lot or parcel of
land. If the structure is removed or demolished by the building
inspector he shall sell the materials of such structure and shall
credit the proceeds of such sale against the cost of the removal
or demolition and if there be any balance remaining it shall be
paid to the parties entitled thereto as determined by proper
judicial proceedings instituted by the building inspector after
deducting the costs of such judicial proceedings including his
necessary attorney's fees incurred therein, as determined by
the court.
Section 16-27. Conditions making structures unfit for human
use or habitation.
The building inspector may determine that a structure is unfit
for human use or habitation if he finds that conditions exist
in such structure which are dangerous or injurious to the health,
safety or morals of the occupants of such buildings or other
residents of such municipality or which have a blighting influence
on properties in the area. Such conditions may include the follow-
ing without limitations: Defects therein increasing the hazards of
fire, accident or other calamities; lack of adequate ventilation,
air pollution; light or sanitary facilities; delapidation; disrepair,
structural defects, uncleanliness; overcrowding; inadequate ingress
and egress; dead and dying trees; limbs or other unsightly natural
growth; unsightly appearances that constitute a blight to
adjoining property, the neighborhood or the city; walls, siding or
exteriors of a quality and appearance not commensurate with the
character of the properties in the neighborhood; unsightly stored
or parked material, equipment, supplies, machinery, trucks or
automobiles or parts thereof; vermin infestation; inadequate
drainage; or any violation of health, fire, building or zoning
regulations, or any other laws or regulations relating to the use
of land and the use and occupancy of buildings and improvements.
Section 16-28. Service of complaint or order.
Complaints or orders issued by the building inspector pursuant
to this section shall be served upon persons either personally
or by registered or certified mail, but if the whereabouts of
such persons is unknown and the same cannot be ascertained by
the building inspector in the exercise of reasonable diligence,.and
the building inspector shall make an affidavit to that effect, then
the serving of such complaint or order upon such person may be
made by publishing the same once each week for two (2) consecutive
weeks in the official newspaper of the city. A copy of such
complaint or order shall be posted in a conspicuous place on the
premises affected by the complaint or order. A copy of such
complaint or order shall also be filed with the Clerk of the
District Court of Saline County, Kansas, and such filing of the
complaint or order shall have the same force and effect as
other lis pendens notices provided by law.
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Section 16-29. Emergency abatement.
Section 16-29 (1). Whenever, in the judgment of the
building inspector an emergency exists which requires immediate
action to protect the public health, safety, or welfare, an
order may be issued, without notice, conference, or hearing,
directing the owner, occupant, operator, or agent to take
such action as is appropriate to correct or abate the
emergency. If circumstances warrant, the building inspector may
act to correct or abate the emergency.
Section 16-29 (2). The owner, occupant, operator, or
agent shall be granted a conference on the matter upon his
request, as soon as practicable but such conference shall in
no case stay the abatement or correction of such emergency.
Division 2.
APPEALS
Section 16-30. Housing Advisory and Appeals Board.
In order to provide for final interpretation of the
provisions of this code and to hear appeals provided for
hereunder, there is hereby established a Housing Advisory
and Appeals Board, consisting of five (5) members none of
whom shall be employees of the city. The board shall be appointed by
the mayor with the approval of the City Commissioners. The board may
adopt reasonable rules and regulations for conducting its
business and shall render all decisions and findings in
writing to the appellant with a copy to the building
inspector. Appeals to the board shall be processed in
accordance with the provisions contained in Section 16-31 et
seq, of this code. Copies of all rules or regulations
adopted by the board shall be delivered to the building
inspector who shall make them freely accessible to the
public.
The board shall have the power to hear and decide
appeals where it is alleged that there is error in any
order, requirement, decision or determination made by the
building inspector in the enforcement of the code. The
board may also when it deems the same appropriate, grant
variances, waivers or exceptions to any portion, standard
or requirement of this code providing that such variance,
waiver or exception is not contrary to the purpose of this
code as stated in section 16-3.
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Section 16-31. Procedure.
Section 16-31 (1). Right of appeal.
Any person, officer of the city or of any governmental
agency or body aggrieved by any decision, notice or order
of the officer administering the provisions of this act
may appeal such decision to the Housing Advisory and Appeals
Board of the City of Salina.
Section 16-32 (1). Form of appeal.
Any person entitled to appeal the decision, notice or
order of the building inspector may appeal the same by filing
at the office of the building inspector within 10 days from
the date of the service of such decision, notice or order
upon .them, a written appeal containing the following:
(a) A heading in the words: "Before the Housing
Advisory and Appeals Board of the City of
Salina, Kansas."
(b) A caption reading: "Appeal of
giving the names of all appellants participating
in the appeal.
(c) A brief statement setting forth the legal
interest of each of the appellants in the
building or the land involved in the notice
and order.
(d) A brief statement in ordinary and concise
language of that specific order or -action.
protested, together with any material facts
claimed to support the contentions of the
appellant.
(e) A brief statement in ordinary and concise
language of the relief sought and the reasons
why it is claimed the protested order or
action should be reversed, modified, or
otherwise set aside.
(f) The signature of all the parties named as
appellants, and their official mailing
addresses.
(g) The verification of the appellants as to the
truth of the matters stated in the appeal.
Section 16-32 (2). Scheduling and noticing appeal for
hearing.
Within 10 days after receiving the written appeal the
Housing Advisory and Appeals Board shall fix a date, time,
and place for the hearing of the appeal by the board. Such
date shall be not less than 10 days nor more than 60 days from
the date the appeal was filed with the building inspector.
Written notice of the time and place of the hearing shall be
given at least 10 days prior to the date of the hearing to
each appellant by the secretary of the board either by
causing a copy of such notice to be delivered to the appel-
lant personally or sent to him by certified mail, postage
prepaid, return receipt requested, at his address shown
on the appeal.
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Section 16-33. Effect of failure to appeal.
Failure of any person to file an appeal in accordance with
the provisions of Section 16-30 shall constitute a waiver of his
right to an administrative hearing and adjudication of the notice
and order, or to any portion thereof.
Section 16-34. Scope of hearing.
Only those matters or issues specifically raised by the
appellant shall be considered in the hearing of the appeal.
Section 16-35. Stay order.
Enforcement of any notice and order of the building
inspector issued under this code shall be stayed during the
pendency of an appeal therefrom which is properly and timely
filed.
Section 16-36. Procedure for conduct of Bearing appeals.
Section 16-36 (1). Procedure for conduct of hearing
appeals-- General.
(a) Record. A record of the entire proceedings
shall be made by tape recording or by any
other means of permanent recording determined
to be appropriate by the board.
(b) Reporting. The proceedings at the hearing shall
be reported by a stenographic reporter if re-
quested by any party thereto. A transcript shall
be made available to all parties upon request and
upon payment of a fee equal to the cost involved
in making said transcript.
(c) Continuances. The Board may grant continuances
for good cause shown.
(d) Oaths, certification. In any proceedings under
this code, the board has the power to administer
oaths and affirmations and to certify to official
acts.
(e) Reasonable dispatch. The board shall proceed
with reasonable dispatch to conclude any matter
before it. Due regard shall be shown for the
convenience and necessity of any parties or
their representatives.
Section 16-36 (2). Same -- Form of notice of hearing.
The notice to appellant shall be substantially in the fol-
lowing form, but may include other information:
" You are hereby notified that a hearing will be held
before the Housing Advisory and Appeals Board at the
City Commission Room, City -County Building, 300 West
Ash Street, Salina, Kansas, on the day of ,
19 , at o'clock .M., upon the notice
and order served upon you. You may be present at the
hearing. You may be, but need not be, represented by
counsel. You may present any relevant evidence and
will be given full opportunity to cross-examine all
witnesses testifying against you. You may request
the issuance of subpoenas to compel the attendance
of witnesses and the production of books, documents,
or other things by filing an affidavit therefor with
the board."
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Section 16-36 (3). Same Subpoenas.
(a) Filing of affidavit. The board may obtain
issuance and service of a subpeona for the
attendance of witnesses or the production
of other evidence at a hearing upon the request
of a member of the board or upon written demand
Of any party. The issuance and service of such
subpoena shall be obtained upon the filing of
an affidavit therefor which states the names and
addresses of the proposed witness; specifies the
exact things sought to be produced and the
materiality thereof in detail to the issues
involved; and states that the witness has the
desired things in his possession or under his
control. A subpoena need not be issued when
affidavit is defective in any particular.
(b) Penalties. Any person who refuses, without
lawful excuse, to attend any hearing, or to
produce material evidence in his possession or
under his control as required by any subpoena
served upon such person as provided for herein,
shall be guilty of a misdemeanor.
Section 16-36 (4). Same -- Conduct of hearing.
(a) Rules. Hearings need not be conducted according
to the technical rules relating to evidence and
witnesses.
(b) Oral evidence. Oral evidence shall be taken
only on oath or affirmation.
(c) Hearing evidence. Hearsay evidence may be used
only if it would be admissible over objection in
civil actions in courts of competent jurisdiction
in this state.
(d) Admissibility of evidence. Any relevant evidence
shall be admitted if it is the type of evidence
on which responsible persons are accustomed to
rely in the conduct of serious affairs, regardless
of the existence of any statutory rule or common
law which might make improper the admission of
such evidence over objection in civil actions
in courts of competent jurisdiction in this
state.
(e) Exclusion of evidence. Irrelevant and unduly
repetitious evidence shall be excluded.
(f) Rights of parties. Each party shall have these
rights, among others:
(1) To call and examine witnesses on any matter
relevant to the issues of the hearing;
(2) To introduce documentary and physical
evidence;
(3) To cross examine opposing witnesses on any
matter relevant to the issues of the hearing;
(4) To impeach any witness regardless of which
party first called him to testify;
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(5) To rebut evidence against him;
(6) To represent himself or to be represented
by counsel.
(g) Official notice.
(1) What may be noticed. In reaching a decision,
official notice may be taken, either before
or after submission of the case for decision
of any fact which may be judically noticed
by the courts of this state or of official
records of the board or departments and
ordinances of the city or rules and regulations
of the board.
(2) Parties to be notified. Parties present at
the hearing shall be informed of the matters
noticed, and these matters shall be noted
in the record referred to therein, or
appended thereto.
(3) Opportunity to refute. Parties present at
the hearing shall be given a reasonable
opportunity, on request, to refute the
officially noticed matters by evidence or by
written or oral presentation of authority,
the manner of refutation to be determined
by the board.
(4) Inspection of premises. The board may inspect
any building or premises involved in the
appeal during the course of the hearing,
provided that (a) notice of such inspection
shall be given to the parties before the
inspection is made, (b) the parties are given
an opportunity to be present during the
inspection; and (c) the board shall state
for the record upon completion of the inspection
the material facts observed and the conclusion
drawn therefrom. Each party then shall have a
right to rebut or explain the matters so
stated by the board, the manner of rebuttal
or explanation to be determined by the board.
Section 16-36 (5). Same -- Method and form of decision.
(a) Hearing before board. No member of the board
who did not hear the evidence or has not read
the entire record of the proceedings shall note
or take part in the decision upon a contested
case heard by the board.
(b) Form of decision. The decision of the board shall
be in writing and shall contain findings of facts,
a determination of the issues presented, and the
requirements to be complied with by the parties.
A copy of the decision shall be delivered to
appellant personally, or sent to him by certified
mail, postage prepaid, return receipt requested.
(c) Effective date of decision. The effective date
of the decision shall be the date stated therein.
Section 16-37. Appeals from decision of board.
Any person, officer of the city or of any governmental
agency or body aggrieved by the decision of the Housing Advisory
and Appeals Board may appeal such decision by filing an action
in the District Court of Saline County, Kansas, to determine the
reasonableness of any such. decision. Such action must be filed
within 30 days from the effective date of the decision of the board.
Section 16-38 -- 16-53• Reserved.
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Article III. Use and Occupancy Regulations.
Section 16-54. Scope, applicability.
No person shall occupy as owner -occupant or let to another
for occupancy any dwelling or dwelling unit, for the purpose of
living, sleeping, cooking, or eating therein, which does not
comply with the following requirements. The following require-
ments are hereby declared essential to the health and safety of
the occupants of such dwelling or dwelling unit.
Section 16-55. Basement or cellar.
The basement or cellar of any dwelling shall be reasonably
dry and ventilated and shall be kept free from rubbish accumulation.
Section 16-56. Heating.
Every dwelling and every dwelling unit shall be so constructed,
insulated, and maintained and be provided by the owner or occupant
with heating units so that it is capable of reaching an air tempera-
ture of seventy degrees (70) Fahrenheit under ordinary winter
conditions. The chimney of the dwelling or dwelling unit shall be
maintained in good order, and the owner of the approved heating
equipment shall maintain it in good order and repair.
Section 16-57. Natural light and ventilation.
Section 16-57 (1). Natural or artificial light and
ventilation.
All guest rooms, dormitories, and habitable rooms within
a dwelling unit shall be provided with natural light by means of
windows or skylights with an area of not less than one-tenth of
the floor area of such rooms with a minimum of 12 square feet.
All bathrooms, water closet compartments, laundry rooms, and
similar rooms shall be provided with natural ventilation by means
of windows or skylights with an area of not less than one-tenth of
the floor area of such rooms with a minimum of 3 square feet. Not
less than one-half of the required window or skylight area shall
be openable to provide natural ventilation.
Section 16-57 (2). Origin of light and ventilation.
Required windows shall open directly onto a street or public
alley or court located on the same lot as the building.
EXCEPTION: Required windows may open into a
roofed porch where the porch:
l.. Abuts a street, yard, or court; and
2. Has a ceiling height of not less than
7 feet; and
3. Has the longer side at least 65 per cent
open and unobstructed.
A required window in a service room may open into a vent
shaft which is open and unobstructed to the sky and not less than
4 feet in least dimension. No vent shall extend through more than
two stories.
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For the purpose of determining light and ventilation
requirements, any room may be considered as a portion of an
adjoining room when one-half of the area of the common wall
is open and unobstructed and provides an opening of not less
than one-tenth of the floor area of the interior room or 25
square feet, whichever is greater.
Section 16-57 (3). Mechanical ventilation.
In lieu of openable windows for natural ventilation, a
mechanical ventilation system may be provided. Such system
shall be capable of providing two air changes per hour in:all
guest rooms, dormitories, habitable rooms, and in public
corridors. One-fifth of the air supply shall be taken from the
outside. In bathroom, water closet compartments, laundry rooms,
and similar rooms a mechanical ventilation system connected direct-
ly to the outside, capable of providing five air changes per hour,
shall be provided.
Section 16-57 (4). Vent shaft.
A required window in a service room may open into a vent
shaft which is open and unobstructed to the sky and not less than
4 feet in least dimension. No vent shaft shall extend through
more than two stories.
Section 16-57 (5). Hallways.
All public hallways, stairs, and other exitways shall be
adequately lighted at all times in accordance with Section 3312
(a) of the Uniform Building Code.
Section 16-57 (6). Sleeping areas.
All rooms or areas used for sleeping purposes shall be provided
with a secondary means of exit. This may be provided by an additional
door or window leading to the exterior of the building.
Section 16-58. Windows and doors.
Every window and exterior door shall be reasonably weather-
tight, watertight, and rodent -proof and shall be kept in good
working condition and repair.
Section 16-59. Lighting.
Every habitable room shall have a ceiling electric outlet
and a duplex outlet in the wall or floor, or at least two(2)
wall or floor outlets.
Every laundry room, furnace room, hall, porch, and corridor
shall have one ceiling or wall type electric light fixture.
Section 16-59 (1). Wiring.
All electrical wiring and fixtures shall be properly
installed, maintained in safe and good working order, and shall
be connected to the source of electric power in safe manner.
Section 16-60. Basement and cellar dwelling units.
No dwelling unit partially below grade shall be used for living
purposes unless:
1. Floors and walls are watertight;
2. Total window area, total operable
area and ceiling height are in
accordance with this code; and
3. Required minimun window area of
every habitable room is entirely
above the grade of the ground
adjoining such window area.
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Section 16-61. Floor area and ceiling heights.
Section 16-61 (1). Ceiling heights.
Habitable rooms, storage rooms and laundry rooms shall have
a ceiling height of not less than seven feet, six inches (7' 6").
Hallways, corridors, bathrooms, toilet rooms and basement and
cellar dwelling units shall have a ceiling height of not less than
seven feet (7') measured to the lowest projection from the ceiling.
Section 16-61 (2). Superficial floor area.
Every dwelling unit shall have at least one room which shall
have not less than 120 square feet of superficial floor area.
Every room which is used for both cooking and living or both living
and sleeping purposes shall have not less than 150 square feet of
superficial floor area. Every room used for sleeping purposes shall
have not less than 70 square feet for one person and 90 square feet
for two persons. Where more than two persons occupy a room used
for sleeping purposes the required superficial floor area shall
be increased at the rate of 50 square feet for each occupant in
excess of two.
EXCEPTION: Nothing in this section shall prohibit
the use of an efficiency living unit meeting the
following requirements:
1. The unit shall have a living room of not
less than 220 square feet of superficial
floor area. An additional 100 square feet
of superficial floor area shall be provided
for each occupant of such unit in excess of
two.
2. The unit shall be provided with a seperate
closet.
3. 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 in front. Light and ventilation
conforming to this code shall be provided.
4. The unit shall be provided with a separate
bathroom containing a water closet, lavatory,
and bathtub or shower.
5. Whenever one of the occupants of a sleeping
room is less than 7 years old, the allowed
occupancy may be increased by one, by special
permission of the board.
Section 16-61 (3). Width.
No habitable room shall be less than 7 feet in any dimension
and no water closet.space less than 30 inches in width and shall
provide a clear space in front on the water closet not less than
24 inches.
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Section 16-62. Bathing facilities.
Bathing facilities shall be provided in rooming and board-
inghouses in the form of a tub or shower for each eight (8)
occupants. Separate facilities, plainly marked, shall be pro-
vided for each sex.
Section 16-63. Toilet facilities.
A water closet shall be provided for each six (6) occupants
of a rooming or boardinghouse, and shall be separated with
separate access from bathing facilities if more than four (4)
occupants are served by each. Separate facilities shall be pro-
vided for each sex and shall be plainly marked.
Section 16-64. Kitchen sink.
In every dwelling unit there shall be at least one kitchen
sink with public water under pressure and connected to the public
sewer, or if that sewer system is not available, to a sewage
disposal system approved by the joint City -County Health.Department.
Section 16-65. Water heating facilities.
Every dwelling shall have water heating facilities which are
properly installed and maintained in a safe and good working condition
and are capable of heating water to such a temperature as to permit
an adequate amount of water to be drawn at every required kitchen
sink, lavatory basin, bathtub or shower at a temperature of not less
than 120 degrees Fahrenheit.
Section 16-66. Bathing facilities.
Every dwelling unit shall contain within a room which affords
privacy to a person in said room, a bathtub or shower in good working
condition and properly connected to an approved water and sewer
system.
Section 16-67. Toilet facilities.
There shall be at least one flush water closet in good work-
ing condition for each dwelling unit, which flush water closet
shall be located within the dwelling unit and in a room which affords
privacy.
Section 16-68. Lavatory facilities.
Every dwelling unit shall contain within its walls a lavatory
basin in good working condition and properly connected to an
approved water and sewer system and located in the same room as the
required flush water closet or as near to the room as practicable.
Section 16-69. Reserved.
Section 16-70. Maintenance of plumbing.
All plumbing, water closets and other plumbing fixtures in
every dwelling or dwelling unit shall be maintained in good working
order.
Section 16-71. Privies.
All pit privies, privy vaults, 'dry hopper' sewer connected
privies and frost -proof closets are hereby declared to be a public
nuisance and shall be eliminated, except that those on property
where no public water line or public sewerage facilities are
conveniently available to the property may continue to be used until
such time as the public water line and public sewerage system is
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extended to the public property or easement adjacent to the
property of the dwelling.
Section 16-72. Lighting of toilets and bathrooms.
Every toilet and every bathroom in every dwelling shall
have at least one electric light in either the ceiling or on
the wall.
Section 16-73. Garbage and trash receptacles.
Every dwelling and every dwelling unit shall be provided
with such receptacles as may be necessary to contain all gar-
bage and trash and such receptacles shall at all times be
maintained in good repair, and shall comply with the standards
set forth in Chapter 31 of this Code of Ordinances.
Section 16-74. Means of access.
There shall be, for each dwelling unit, a separate access
either to a hallway, stairway, or street, which is safe and in
good. repair.
Section 16-75. Drainage.
All courts, yards or other areas on the premises of any
dwelling shall be so graded and drained that there is no pool-
ing of the water thereon. Properly constructed wading and
swimming pools and fish ponds are excepted from this section.
Section 16-76. Attached garages and nondwelling areas.
All nondwelling occupants shall be separated from the
dwelling unit by a solid wall or ceiling with a fire resistance
rating of not less thar, one hour as defined in the building code
of the city.
Section 2. That the existing Chapter Sixteen (16) of the Salina
Code is hereby repealed.
Section 3. This ordinance shall take effect and be in full force
from and after its adoption and publication in the official city newspaper.
Adopted by the Board of Commissioners and approved by the Mayor
this 29th day of
(SEAL)
October , 1973.
Attest:
D. L. Harrison, City Clerk
Jack Weisgerb. r, Mayor
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