8122 Levee ExcavationCONSOLIDATED -SALIVA
ORDINANCE NUMBER 8122
(Published in The Salina Journal Y/cvennXwn 2� 1970)
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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
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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
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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.
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City Clerk
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