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8122 Levee ExcavationCONSOLIDATED -SALIVA ORDINANCE NUMBER 8122 (Published in The Salina Journal Y/cvennXwn 2� 1970) I AN ORDINANCE PROVIDING FOR THE REVIEW OF ALL PLANS BY THE CITY ENGINEER FOR PROPOSED CONSTRUCTION OR EXCAVATION WITHIN 1000 FEET LANDWARD OF LEVEES AND A MINIMUM OF 500 FEET RIVERWARD OF LEVEES, PROHIBITING ANY PROPOSED CONSTRUCTION OR EXCAVATION THAT WILL IMPAIR THE FUNCTION OF THE FLOOD PROTECTION WORKS, PROVIDING FOR THE ISSUANCE OF PERMITS AND AUTHORIZING THE WITHHOLDING OF GRADE SHEETS AND BUILDING PERMITS UNTIL COMPLIANCE WITH THIS ORDINANCE AND PRESCRIBING PENALTIES FOR VIOLATION. BE IT ORDAINED by the Governing Body of the City of Salina, Kansas: Section 1. The Governing Body of the City of Salina hereby declares that in the public interest and for the protection of life and property of citizens of this City, the following ordinance is deemed necessary. Section 2. No construction or excavation or other works shall be made or commenced within One Thousand (1000) feet landward of the center line of any flood protection works defined as including levees, floodwalls and appurtenances or within r a minimum of Five Hundred (500)feet riverward and such further distance as may be determined necessary by the City Engineer under certain circumstances then existing, of the center line of any flood protection works that may impair or endanger the proposed function of any such flood protection works; Provided, that any plan or proposal for such construction or excavation shall be submitted to the City Engineer for examination and determination as to the probability of any impairment or endangerment to such flood protection works by the proposed construction or excavation. Section 3. If the City Engineer shall determine, upon good authority, that the proposed construction or excavation referred to in Section 2 shall be detrimental or will impair or endanger the function of any flood protection works, permission for such construction shall be denied. However, if a determination that no impairment or endangerment of such flood protection works by such proposed construction or excavation may occur, a permit for such construction or excavation shall be issued by the City Engineer after the applicant has fulfilled the prerequisite requirements of the Building Code and other pertinent ordinances. Section 4. The City Engineer may issue, within sound discretion and upon good authority, a restricted or conditional permit for such proposed construction or excavation. Section 5. The City Engineer and the City Building Inspector may withhold the issuance of any grade sheet or building permit until compliance with this ordinance. Section 6. Any person, firm or corporation feeling aggrieved by the determination of the City Engineer under the conditions tions and terms of this ordinance may appeal in writing to the Board of Commissioners of the City within ten days of such determination by the City Engineer. l:6NSOLMATED-SALINA 1 1 Section 7. Any person, firm or corporation found guilty of a violation of this ordinance shall be fined in.a sum of not more than $1,000.00 or by imprisonment for a period of not exceeding six (6) months, or both such fine and imprisonment, at the discretion of the Court, and in addition thereto, shall restore to original condition any area involved in the violation. Section 8. That this ordinance shall take effect and be in force from and after its passage, approval and publication in the official city newspaper. Introduced: November 9, 1970 Passed: November 16, 1970 (SEAL) Attest. s City Clerk P