8209 Min Housing Requirements1
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ORDINANCE NUMBER 8209
(Published in The Salina Journal 1972)
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 shall be enacted
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 cf 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 reocrd 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). Public officer shall be that person
appointed by the city manager pursuant to section 2-77 of the
Salina Code, together with the city building inspector, 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 or 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,
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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 or brother 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
January II, 1966, 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 January ll, 1966,
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.
"Sections 16-9 - 16-18. Reserved.
"Article II. Administration and Enforcement
"Division I. Generally
"Section 16-19. Office of public officer created; responsibili
for enforcement.
There is hereby created the office of public officer who is
hereby authorized and directed to enforce all of the provisions
of this code. The city manager may also appoint such number of
inspectors and other employees 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. Public officer may make recommendations.
The public officer is hereby 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. Inspections authorized; riqht of entr
For the purpose of determining compliance with the provisions
of this code, the public officer or his authorized representative
is hereby authorized and directed to make inspections to determine
the condition, use, and occupancy of dwellings, dwelling units,
rooming units, and the premises upon which the same are located.
For the purpose of making such inspections, the public officer 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. The owner, operator, and occupant of every dwelling,
dwelling unit, and rooming unit shall give the public officer, or
his authorized representative, free access to such dwelling,
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dwelling unit, or rooming unit, and its premises, for -he purpose
of such inspection, examination and survey. In the event of
necessity, the public officer, or his authorized representative,
shall procure the right to enter and inspect by application to
and proper orders from a court of record, justice court, or
municipal court in the city and county. Every occupant of a
dwelling shall give the owner thereof, or his agent or employee,
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 this 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 public officer 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 public
officer 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 public officer 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 dwellinas.
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 public officer 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 limitation: 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 habita-
tion, and so designated and placarded by the public officer,
shall be vacated within a reasonable time as ordered by the
public officer.
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 public officer. The public
officer 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 public officer as herein provided,
and any violation of this provision shall constitute a mis-
demeanor within the meaning of this code.
Section 16-24 (4). Right of appeal. Any person affected
by any notice or order relating to the condemning and placarding
of a dwelling or dwelling unit as unfit for habitation may
request and shall be granted a hearing on the matter before the
housing board of appeals, under the procedure set forth in
section 16-30 et. seq.
"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 official shall determine
the cost of repairs, alterations, or improvement and shall
notify the owner of his determination. The building official
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
public officer, 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 public officer, 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 public officer 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
public officer.
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 thirty (30) days from the date of such order,
the public officer 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 thirty (30)
days from the date of such order, the public officer may cause
such structure to be removed or demolished.
Section
16-26 (2). If, after such notice and
hearing the
public officer determines that the structure under
is unfit for human use or habitation he shall state
consideration
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 thirty (30) days from the date of such order,
the public officer 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 thirty (30)
days from the date of such order, the public officer 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 public officer 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 public
officer 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 public officer after
deducting the costs of such judicial proceedings including his
necessary attorney's fees inclurred therein, as determined by
the court.
"Section 16-27. Conditions making structures unfit for human
use or habitation.
The public officer 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; dilapidation; 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 public officer 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 public officer in the exercise of reasonable diligence, and
the public officer 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
Public Officer 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 Public Officer 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.
"Section 16-30. Appeal Procedure.
Section 16-30 (1). Form of Appeal.
Any person entitled to service under Section 16-24 may appeal
from any notice and order or any action of the Public Officer under
this Code by filing at the office of the Public Officer within
30 days from the date of the service of such order, a written
appeal containing:
(a). A heading in the words: 'Before the Board of Appeals
of the City of .............I
(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 askde.
(f). The signatures of all parties named as appellants,
and their official mailing addresses.
(g). The verification (by declaration under penalty of
perjury) of at least one appellant as to the truth of the matters
stated in the appeal.
Section 16-30 (2). Processing of Appeal.
Upon receipt of any appeal filed pursuant to this Section,
the Public Officer shall present it at the next regular or
special meeting of the Board of Appeals.
Section 16-30 (3). Scheduling and Noticing Appeal for
Hearing.
As soon as practicable 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
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be not less than 10 days nor more than 60 days from the date
the appeal was filed with the Public Officer. Written
notice of the time and place of the hearing shall be given at
least IO 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 appellant personally or by mailing
a copy thereof, postage prepaid, addressed to the appellant at
his address shown on the appeal.
"Section 16-31. Effect of failure to appeal.
Failure of any person to file an appeal in accordance with
the provisions of Sections 16-24 and 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 16-32. Scope of Hearin
Only those matters or issues specifically raised by the
appellant shall be considered in the hearing of the appeal.
"Section 16-33. Stay Order.
Enforcement of any, notice and order of the Public Officer
issued under this Code shall be stayed during the pendency of an
appeal therefrom which is properly and timely filed.
"Section 16-34. General Procedure.
Section 16-34 (1). 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.
Section 16-34 (2). Reporting.
The proceedings at the hearing shall also be reported by a
phonographic reporter if requested by any party thereto. A
transcript of the proceedings shall be made available -to all parties
upon request and upon payment of the fee prescribed therefor.
Such fees may be established by the Board but shall in no event be
greater than the cost involved.
Section 16-34 (3). Continuances.
The Board may grant continuances for good cause siown.
Section 16-34 (4). Oaths - Certification.
In any proceedings under this Chapter, the Board and any
board member has the power to administer oaths and affirmations and
to, -,certify to official acts.
Section 16-34 (5). Reasonable Dispatch.
The Board and its representatives shall proceed with reason-
able dispatch to conclude any matter before it. Due regard shall
be shown for the convenience and necessity of any parties or their
representatives.
"Section 16-35. Form of Notice of Hearing.
The notice to appellant shall be substantially in the following
form, but may include other information:
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"You are hereby notified that a hearing will be held before
the Board at ............. on the ...... day of .......... 19 ...,
at the hour......, 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 sub-
poenas to comp6l the attendance of witnesses and the production
of books, documents or other things by filing an affidavit there-
for with the Board.'
"Section 16-36. Subpoenas.
Section 16-36 (1). Filinq of Affidavit.
The Board may obtain the issuance and service of a subpoena
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 the written demand of any party. The issuance and
service of such subpoena shall be obtained upon the filing of an
affiCavit therefor which states the name and address 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 the affadavit is
defective in any particular.
Section 16-36 (2). 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 16-37. Conduct of Hearing.
Section 16-37 (1). Rules.
Hearings need not be conducted according to the technical
rules relating to evidence and witnesses.
Section 16-37 (2). Oral Evidence.
Oral evidence shall be taken only on oath or affirmation.
Section 16-37 (3). Hearsay Evidence.
Hearsay evidence may be used for the purpose of supplementing
or explaining any direct evidence, but shall not be sufficient
in itself to support a finding unless it would be admissible
over objection in civil actions in courts of competent juris-
diction in this state.
Section 16-37 (4). 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
common law or statutory rule which might make improper the admission
of such evidence over objection in civil actions in courts of
competent jurisdiction in this state.
Section 16-37 (5). Exclusion of Evidence.
Irrelevant and unduly repetitious evidence shall be excluded.
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Section 16-37 (6). Rights of Parties.
Each party shall have these rights, among others:
(a). To call and examine witnesses on any matter relevant
to the issues of the hearing;
(b). To introduce documentary and physical evidence.
(c). To cross-examine opposing witnesses on any matter
relevant to the issues of the hearing;
(d). To impeach any witness regardless of which party first
called him to testify;
(e). To rebut the evidence against him;
M. To represent himself or to be represented by anyone of
his choice who is lawfully permitted to do so.
Section 16-37 (7). Official Notice.
(a), What may be noticed. In reaching a decision, official
notice may be taken, either before or after submission of the
case for :recision, of any fact which may be judicially 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.
(b). Parties to be notified. Parties present at the hearing
shall be informed of the matters to be noticed, and these
matters shall be noted in the record, referred to therein, or
appended thereto.
(c). 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 such refutation
to be determined by the Board.
(d). Inspection of the premises. The Board may inspect any
building or premises involved in the appeal during the course
of the hearing, provided that (i) notice of such inspection
shall be given to the parties before the inspection is made,
(ii) the parties are given an opportunity to be present during
the inspection, and (iii) the Board shall state for the record
upon completion of the inspection the material facts observed
and the conclusions drawn therefrom. Each party then shall
have a right to rebut or explain the matters so stated by the
Board.
"Section 16-38. Method and Form of Decision.
Section 16-38 (1). Hearinq Before Board.
Where a contested case is heard before the Board no member
thereof who did not hear the evidence or has not read the entire
record of the proceedings shall vote on or take part in the decision.
Section 16-38 (2). Form of Decision.
The decision shall be in writing and shall contain findings of
fact, a determination of the issues presented, and the requirements
to be complied with. A copy of the decision shall be delivered to
the appellant personally or sent to him by certified mail, postage
prepaid, return receipt requested.
Section 16-38 (3). Effective Date of Decision.
The effective date of the decision shall be as stated therein.
"Sections 16-39 -- 16-53. Reserved.
"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 hearing units so that it is capable of reaching an air tempera-
ture of seventy degrees (700) 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 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:
I. 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 bathrooms, 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 16-58. 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 property
installed, maintained in safe and good working order, and shall
be connected to the source of electric power in a safe manner.
"Section 16-60. Basement and Cellar Dwelling Units.
No dwelling unit partially below grade shall be used for
living purposes unless:
I. Floors and walls are watertight;
2. Total window area, total openable area and ceiling
height are in accordance with this code; and
3. Required minimum 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 7 feet 6 inches. Hall-
ways, corridors, bathrooms and toilet rooms shall have a ceiling
height of not less than 7 feet measured to the lowest projection
from the ceiling.
If any room in a building has a sloping ceiling, the pre-
scribed ceiling height for the room is required in only one-
half the area thereof. No portion of the room measuring less
than 5 feet from the finished floor to the finished ceiling shall
be included in any computation of the minimum area thereof.
If any room has a furred ceiling, the prescribed ceiling
height is required in two-thirds the area thereof, but in no case
shall the height of the furred ceiling be less than 7 feet.
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 ex-
cess of two.
EXCEPTION: Nothing in this Section shall prohibit the
use of an efficiency living unit meeting the following
requirements:
I. 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 separate closet.
3. The unit shall be provided with a kitchen sink, cook-
ing 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 close space less than 30 inches in width and shall
provide a clear space in front of the water closet not less than
24 inches.
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"Section 16-62. Bathinq 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 Heatinq 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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repealed.
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 Garaqes and Nondwellinq Areas.
All nondwelling occupancies shall be separated from the
dwelling unit by a solid wall or ceiling with a fire resistance
rating of not less than one hour as defined in the building code
of the city."
Section 2. Chapter Sixteen (16) of the Salina Code is hereby
Section 3. This ordinance shall take effect and be in full force from
and after its adoption and publication in the official city newspaper.
(SEAL)
Attest:
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D. L. Harrison, City Clerk
Introduced: May 26, 1972
Passed: May 30, 1972
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Jack Weisger er, Mayor