Loading...
6900 Housing CodeCONSOLIDATED-SALINA 1 1 1 ORDINANCE ?JO. 6^ —00— All Q All ORDINANCE RELATING TO A MINIMUTI HOUSING CODE, THE PURPOSE, OF SAID CODE, ENFORCE!'fEHT OF SAID CODE, :JOTICE, APPEALS, RESPOJSI- BILITY OF OWNER, DEFINITION OF TERMS, MINIMUM STANDARDS 70P BASIC E')UIPME JT AND FACILITIES, LIGHTING, VENTILATION AND HEATING REQUIREMENTS RELATING TO SAFE AND SANITARY P,TAINTENANCE OF DWELLT14C AND D�,IELLING UNITS, MINIMU14 USE A JD LOCATION RE2UI REMENTS , UNOC- CUPIED BUILDINGS, DANGEROTJS BUILDINGS, SUB -STANDARD RESIDENTIAL 3UI LDINCS , BUILDINGS UNSAFE rOR USE, PROCEDURE FOR CO"JDEMNATI ON , REPAIR, REP?OVAL OR DEPFOLITION OF SU3-STANDARD BUILDI'JGS AND ASSESS MENT OF COSTS THEREOF. FORMATION OF BOARD OF APPEALS, MEETIN('S, POWERS, AND DUTIES, 3UDGET, AND PROCEDURE FOR BOARD OF HOUSING CODE APPEALS AND PENALTIES FOR VIOLATION; BE IT ORDAINED BY THE GOVERNI dC BODY OF THE CITY OF SALI!IA, KANSAS: Section 1. Title: This ordinance shall be known as the "Minimum Housing Code", and will be referred to herein as "this code". Section 2. General: Buildings used in whole or in part as a home or residence of a single family or person and ever% buildin used in whole or in part as a home or residence of two or more persons or families living in separate apartments shall conform to the requirements of this code. Section 3. Declaration of Policy: The Hoard of Commissioner declares the purpose of this code isto protect, nr.eserve, and nro mote 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 thegeneral wel- fare 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 faciliti s for light, ventilation and heating, .for safety from fire for the use and location and amount of space for human occupancv, 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 4. Definitions: The following definitions shall air)V to the enforcement of this code. I a. BASEMENT shall mean a portion of a building located partl underground, but having less than half its clear floor -to -ceiling height below the average grade of the adjoining ground. b. CELLAR shall mean a portion of a building located partly or wholly underground, and having half or more than half of its clear floor -to -ceiling height below the average grade of the ad- joining ground. C. D4ELLING shall mean anv building which is wholly or Dartl used or intended to be used for living or sleepin7 by human oc- cupants: PROVIDED that temporary housing as hereinafter defined shall not be regarded as a daell_ng. d. D'4ELLING UNIT shall mean anv room or group of rooms located within a dwelling and forming a single habitable unit with facili- ties .which are used, or intended to be used for living, sleeping, cooking and eating. e. !IABITA3LE DWELLING shall mean anv structure or part there of that shall be used as a horse or place of abode by one or more persons. CONSOLIDATED-SALINA 1 1 1 f. MITABLE 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 nersons for extended periods. g. INFESTATION shall mean the presence, within or around a dwelling, of insects, rodents, or other pests. h. MULTIPLE DWELLING shall mean anv dwelling containing more than two dwelling units. i_. OCCUPANT shall mean anv person, over 2. vear of age, livin?, sleeping, cooking, or eating in, or having actual possession of, a dwelling unit or rooming unit. 1. OPERATOR shall mean anv person who has charge, care, or control of a building, or part thereof, in which dwelling units o rooming units are let. k. OWNER shall mean any person, firm, or corporation, who jointly or severally along with others, shall be in actual posses- sion of, or have charge, care and control or anv dwelling unit within the Citv 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 owne of such nroner.ty within the true intent and meaning of this code and shall be bound to comply with the provisions to the same exte t as the record owner and notice to anv 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 owner of such nroperty. 1. PERSON shall mean and include anv individual, firm, cor- poration, association or partnership. M. PLUMBING shall mean and include all of the following sun plied facilities and equipment: gas or fuel pipes, gas or fuel burning equipment, water pines, garbage disposal units, waste pip s, water closets, sinks, installed dishwashers, lavatories, bathtubs shower baths, installed clothes -washing machines, catch basins, drains, vents and anv other similar, supplied fixtures, together with all connections to water, sewer, gas or fuel lines. n. PUI3LIC OFFICER shall be the City Building Insnector, Cit ilealth Officer and such assistant officers as the Citv Commission may designate. o. ROOMING UNIT shall mean any room or group of rooms formi g a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating nurnoses. p. ROOMING MOUSE shall mean anv dwelling, or that part of a v dwelling containing one or more rooming units, in which space is let by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father., or sister or brother of the owner or operator. q. REFUSE. For the purpose of this article refuse shall in elude garbage and trash. (a). GARBAGE. For the purpose of this article garbage shall mean anv accumulation of animal, fruit or vegetable waste matter that attends the preparation of, use of, cooking of, deliv eying of, or storage of meats, fish, fowl, fruit or vegetables. (b). TRASH. (Combustible) Far the purpose of this article combustible trash shall mean waste consisting of naners, cartons, boxes, barrels, wood and excelsior, tree branches, iard trimmings, wood furniture, bedding and leaves. 2. 2 CONSOLIDATED-3ALINA 1 U 1 (c). TP.AST1. (Non -Combustible) For the nurpose of this article non-combustible trash shall mean waste consisting of metals, tin cans, glass, crockerv, other mineral refuse and ashes and street rubbish and sweepings. r. SUPPLIED shall mean naid for, furnished, or nr.ovided by or under the control of, the owner or operator. S. TEMPORARY HOUSING' shall mean anv tent, trailer, or other structure used for human shelter which is designed to be trans- portable and which is not attached to the ground, to another structure, or to any utilities system on the same premises for more than 30 consecutive dans, or one which is located in a mobil homes court duly licensed under ordinances of the Citv. t. MEA^ZING OF CERTAIN WORDS. Whenever the words "dwelling," "dwelling unit," "rooming house," ''rooming unit," "premises," are used in this ordinance, they shall be construed as though thev were followed by the words "or anv part thereof." Section S. Dutv of Occupant: Every dwelling, including all vards, lawns and courts shall be kept clean and free from anv ac- cumulation of filth, rubbish, garbage or anv similar matter. It shall be the duty of each occupant of a dwelling unit to keen in clean condition the portion of the property which he occupies and of which he has exclusive control, to comply with the rules and regulations, to place all garbage and refuse in Droner containers If receptacles are not provided by the owner, then the occupant shall provide receptacles as may be necessary to contain all gar- bage and trash. Every occupant of a dwelling containing a single dwelling unit shall be resnonsible for the extermination of anv insects, rodents or other Dests therein or on the oremises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such exterminatio whenever his dwelling unit is the unit primarily infested. Not- withstandin7 the foregoing provisions of this section, whenever infestation is caused by failure of the owner to maintain a dwell in a ratproof or reasonable insect -proof condition, extermination shall be the responsibility of the owner and operator. Jhenever infestation exists in two or more of the dwelling units in anv dwelling, or in the shared or public harts of anv dwelling contai ing two or more dwelling units, extermination thereof shall be th responsibility of the owner. Section 6. Regulations for the Use and Occupancv of Dwelling No person shall occupy as owner -occupant or let to another for oc cupancv anv dwelling or dwelling unit, for the purpose of living, sleeping, cooking, or eating therein, which does not comDly with the following requirements. The following requirements are hereb declared essential to the health and safetv of the occupants of such dwelling or dwelling unit: n? a. BASEHENT OR CELLAR. The basement or cellar of anv dwelli g shall be reasonably dry and ventilated and shall be kept free frog rubbish accumulation. b. :HEATING. Every dwelling and every dwelling unit shall be so constructed, insulated, and maintained and be nrovided by owne or occuDa.nt with heating units so that it is capable of reaching an air temperature of 70 degrees Fahrenheit under ordinary winter conditions. The chimney of the dwelling or dwelling unit shall b maintained in good order, and the owner of the aonroved heati.n,,y equipment shall maintain it in good order and repair. C. VENTILATION. Every habitable room in a dwelling or dwell unit shall contain a window or windows openable directly to the outside air and the total area of such window or windows shall be 3. ..nn CONSOLIDATED-SALINA 1 1 1 not less than five per cent (5%) of the floor area of such room. An approved system of mechanical ventilation or air conditioning may be used in lieu of openable windows. Such system shall provide not less than four air changes per hour, except that in toilet compartments such system shall provide a complete air change every five minutes. d. WINDOWS AND DOORS. Every window and exterior door shall be reasonable weather -tight, water -tight, and rodent -proof and shall be kept in good working condition and good repair. e. LIGHTING. Every habitable room shall have a ceiling electric outlet and a duplex outlet in wall or floor, or at least two wall or floor outlets. f. BASEMENT DWELLING UNITS. The use of basements or cellars for dwelling units is prohibited unless they comply with Section 6-c., governing ventilation, provided, however, if occupied at the time of the passage of this Code and if it complies with all other provisions of this code, the Public Officer may approve a window less than required, if in his opinion, the window area is not detrimental to the occupants. g. FLOOR AREA. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 50 additional square feet of floor space for every additional occupant thereof. The floor space shall be calculated on the basis of total habitable room area, inside measurements. No floor space shall be included in determining habitable room area over which the ceiling is less than seven (7) feet above the floor for the purpose of this subsection. h. BOARDING AND ROOMING HOUSES. No room shall be used for sleeping purposes unless the ceiling height is at least seven (7) feet and there are at least four hundred (400) cubic feet of air space for each occupant over six (6) years of age. For sleeping rooms with sloping ceilings, the ceiling height shall be at least seven (7) feet over at least fifty per cent (50%) of the floor area. (1) Bathing facilities shall be provided in the form of a tub or shower for each eight (8) occupants. Separate facilities shall be provided for each sex and plainly marked. (2) A water closet shall be provided for each six (6) occupants and shall be separated with separate access from bathing facilities if more than four (4) occupants are served by each. Separate facilities shall be provided for each sex and shall be plainly marked. i. KITCHEN SINK. In every dwelling unit containing two or more rooms, 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 City Health Department (except as otherwise permitted under Section n). j. WATER HEATING FACILITIES. No later than January 1, 1969, every dwelling shall have supplied water heating facilities which are installed in an approved manner and are maintained and operated in a safe and good working condition and are properly connected with the hot water lines to the kitchen sink, lavatory and bathtub or shower. (except as otherwise permitted under Section n.) k. BATHING FACILITIES. No later than January 1, 1969, 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 (except as otherwise permitted under Section n and o). 1. TOILET FACILITIES. There shall be at least one flush water closet in good working condition for each dwelling unit, which flush water closet shall be located within the dwelling and in a room which affords privacy (except as otherwise permitted under Sections n and o). 4. CONSOLIDATED-SALINA 11 1 1 m. 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 (except as otherwise permitted under Sections n and o.) n. PUBLIC WATER NOT AVAILABLE. In dwellings which were occupied at the time this code went into effect and which are not conveniently located in respect to a public water system, kitchen sinks, bathtubs or showers, flush water closets, and lavatories shall not be required until such time as the public water line is extended to public property or easement adjacent to the property of the dwelling. o. MORE THAN TWO DWELLING UNITS. The occupants of not more than two dwelling units may share a single flush water closet, a single lavatory basin and a single bathtub or shower if: (a) Neither of the two dwelling units can accomodate more than four occupants each. (b) Such facilities are in good working condition and reasonable accessible to the occupant of one dwelling unit without passing through any room of the other dwelling unit. (c) Such dwelling units are in the same building arranged so that the occupants of neither unit are required to go outdoors to reach the facilities. (d) Except that a total of six occupants of dwelling units (of such size that they cannot accomodate more than one person each) may share a single flush water closet, a single lavatory basin and a single bathtub or shower. P. PLUMBING. All plumbing, water closets and other plumbing fixtures in every dwelling or dwelling unit shall be maintained in good working order. q. 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 with no public water line conveniently available to the property may continue to be used until the time when such water line becomes available, or until January 1, 1969, whichever date comes sooner. r. 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. S. GARBAGE AND TRASH RECEPTACLES. Every dwelling and every dwelling unit shall be provided with such receptacles as may be necessary to contain all garbage and trash and such receptacles shall at all times be maintained in good repair, and shall comply with the standards set forth in Article I of Chapter 25, of the Code of the City of Salina, Kansas, as amended thereto. t. ENTRANCES. There shall be for each dwelling unit a separate access either to a hallway, stairway, or street, which is safe and in good repair. U. DRAINAGE. All courts, yards or other areas on the premises of any dwelling shall be so graded and drained that there is no pooling of the water thereon. Properly constructed wading and swimming pools and fish ponds are excepted from this section. V. ATTACHED GARAGES OR NON DWELLING AREAS. All non --dwelling 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 of Salina. Section 7. Maintenance and Repair. Every dwelling and every part thereof shall be maintained in good repair by the owner or agent and be fit for human habitation. The roof shall be maintained so as not to leak and all rain water shall be drained therefrom so as not to cause dampness 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. 5. CONSOLIDATED -SALIVA 1 1 Section 8. Notice of violations: Except in those instances in which Section 9, (Designation of Unfit Dwellings and Order to Vacate) hereof is applicable, whenever the Public Officer or his authorized representative determines that there has been a violation of any provision of this article (or any rule or regulation adopted pursuant thereto, he shall give notice of such alleged violation to the person or persons who are or may be responsible therefor, as enumerated in (d) below. Such notice shall: (a) be in writing, (b) particularize the violations alleged to exist or to have been committed, (c) provide a reasonable time, but not less than 30 days in any event for the correction of the violations particularized, (d) 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 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 9. Designation of Unfit Dwellings and Procedure of Condemnation: 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. (a) 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 aafety or morals of the occupants of such buildings or other residents of the municipality or which shall have a blithing influence on properties in the area. Such conditions may include the 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; delapitation; 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 adjoining property, the neighborhood or the city; walls, sidings or exteriors of a quality and appearance not commencerate 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. (b) PLACARDING, ORDER TO VACATE. Any dwelling or dwelling unit condemned as unfit for human habitation, and so designated and placarded by the Public Officer, shall be vacated within a reasonable time as ordered by the Public Officer. 0 CONSOLIDATED-SALINA 1 1 1 C. COMPLIANCE REQUIRED 3EFORF REOCCUPANCY. 10 dwellin7 or dwelling unit which has been comd�.mned 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 anvone to let, lease, occupv or permit the occupancy whether for a consideration or not, of an -,r dwelling so potted and anv violation of this provision shall constitute a misdemeanor within the meaning of this Code. It shall be unlawful for anv person to deface or remo-e the placard from anv dwelling or dwell unit which has been condemned as unfit for human habitation and placarded as such, except the Public Officer as herein Drovi�ied, and any violation of this provision shall constitute'a misdemeano: within the meaning of this code. d. RIGHT OF APPEAL. Any person affected by anv notice or order relating to the condemning and nlacarding of a dwelli.n7 or dwelling unit as unfit for habitation may renuest and shall be granted a hearing on the matter before the Housing Board of Annea under the procedure set forth in Section 17 of this ordinance. Section 10. Inspection of Dwellings Dwelling Units, Rooming Units, and Premises: For the purpose o�. determining compliance i with the provisons of this code, the Public Officer or his author ized representative is hereby authorized and directed to make in- spections to determine the condition, use, and occupancv of dwelli dwelling units, rooming units, and the premises upon which the sam are located. For the purpose of making such inspections, the Public Officer or his authorized representative is hereby author- ized to enter, examine and survev all dwellings, dwelling units, rooming units and premises, upon which the same are located, at al 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, dwelling unit, or rooming unit, and its premises, for the purpose of such inspection, examination and survev. In event of necessity, the Public Officer, or his authorized renresentative shall procure right to enter and inspection 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 anv part of such dwelling, or its premises, at all reasonable times, for the purpose of making such repairs or alterations as are neces sary to effect compliance with the provisions of this code or with any rule or regulations adopted and promulgated, or anv order issu pursuant to the provisions of this code. g FS 0 Section 11. Public Officer: Authority to Enforce Code: For the purpose of protecting health, -welfare,-and sa etv o. the habi- tants of dwellings or dwelling units, the Public Officer is hereby authorized to enforce provisions of this code and of other ordin- ances which regulate or set standards affecting habitable buildings, including the provisions of Articles 3 and 11 of Chanter 13 of The Code of the City of Salina, Kansas, 1960, and amendments there o. Section 12. Public Officer: Authority to Mlake Recommendati The Public Officer is hereby authorized from time to time as shall be necessary of this code; which .recommendations and effective when approved by ordinance of to make recommendations to carry out the purpose regulations shall become the City Commission. Section 13. Board of Housing Code Appeals Annointment: Terms, vacancies: There s consisting of three City of Salina, to hall be created members all of be appointed b1.7 7. a board of housing code anneal whom shall be residents of the the Mavor and with the consent s: CONSOLIDATED-SALINA 1 1 1 of the Board of Commissioners. One member of said board shall be appointed to serve for a period of one year, one for a period of two years, and one for a period of three years from October 1, 1965. Thereafter, members shall be appointed for terms of three years each. Vacancies shall be filled by appointment for the unexpired term only. Members of the board shall serve without compensation. Section 14. Meeting of Board Officers: The members of the board of housing code appeals shall meet at least once each month or on call of the chairman at such time and place as they may fix by resolution. They shall select one of their number as chairman and one as vice-chairman and one as secretary, who shall serve one year and until their successors have been selected. Special meetings may be called at any time by the chairman or, in his absence, by the vice-chairman. A majority of the board shall constitute a quorum for the transaction of business. The board shall cause a proper record to be kept by the secretary of its proceedings. Section 15. Authority of Board: The board of housing code appeals is hereby authorized to hear and decide appeals where there is alleged error in any order requirement, decision or determination by the Public Officer in enforcement of the housing code, and may authorize upon appeal in specific cases such variance from the terms of the code as will not adversely affect the public health, safety or welfare of inhabitants of the city, is in harmony with the spirit of this code and where literal enforcement of the code will result in unnecessary hardship. Section 16. Budget. On or before the first Monday in July of each year the said board of housing code appeals shall submit to the Mayor and Commissioners its budget of expenditures for the ensuing fiscal year, itemizing the expenses and amounts. The City Commission shall thereupon consider said budget and make such allowances to said board of housing code appeals as it shall determine proper and shall add the same to the general budget of the City. Section 17. Appeals: Any person, firm or corporation considering himself aggrieved by the decision of any Public Officer under the housing code, and who desires to present his application to said board, shall in writing request a hearing before said board, within ten days after receiving notice of said decision from the public officer. Such notice of application for appeal shall be filed with the office of the Public Officer. The Public Officer shall, upon receipt of such notice of appeal, notify in writing the secretary of said board of such appeal. The board shall, within thirty days of receipt by the secretary of such notice of appeal, determine a date for the hearing. Notice of the date for the hearing shall be sent to the appellant at least ten (10) days before the hearing. Section 18. Violations, Definition of Nuisance and Penalties: Any violation of the provisions of this code shall be deemed a nuisance and i detrimental to the health, safety and welfare of the inhabitants of this city. It shall be a misdemeanor for any owner or occupant to maintain such a nuisance. Upon conviction thereof, the owner, occupant, or both, shall be punished by fine of not less than five dollars ($5.00) and not more than five hundred dollars ($500.00), or by imprisonment in the city jail for a period not exceeding thirty (30) days, or both, such fine and imprisonment in the discretion of the court. Each day any violation of this ordinance shall continue shall constitute a separate offense. Section 19. Order of Repair, Remove and Demolish: At the time of the placarding and order to vacate specified by Section 9b hereof, the public officer shall also issue and cause to be served upon the owner in the manner specified for serving notice in Section 8 hereof, further order which: ,� CONSOLIDATED-SALINA 1 1 1 (1). If the repair, alteration, or improvement o -F the structure can be made at a cost which is less than 300% of the the current assessed taxable value of the structure, requires the owne within the time specified in the order, to repair, alter, or im- prove such structure so as to render it fit for human use or habi- tation and commanding the owner to leave such structure vacant unt compliance with such order; or (2). If the .repairs, alterations, or improvements of the structure cannot be made at a cost which is less than 300% of the then current assessed taxable value of the structure, require the owner within the time specified in the order to remove or de- molish such structure. Section 20. Re ..air or Demolition by Public Officer: If the owner fails to comply with the order under Section 19 hereof, for the renair, alteration or improvement of such structure, the Dub- lic officer may cause such structure to be repaired, altered or improved. I.f the owner fails to comply with an order to remove or demolish such structure, the public officer may cause such structure to be removed or demolished. The amount of the cost of such repairs , alterations or i mpro ments or demolition by a public officer shall be a lien upon the property upon which the cost was incurred and such lien, includin as a part thereof an allowance of his costs and necessary attorne fees, may be foreclosed in judicial nroceedings in the manner nro vided or authorized by law for loans secured by liens on real pro erty or shall be assessed as a snecia.l assessment upon the lot or parcel of land on which the structure was located and the City Clerk at the time of certifying other city taxes, shall certify t'. unpaid portion of the aforesaid costs and the Countv Clerk shall extend the same on the tax rolls against said lot or parcel of la: If the structure is removed or demolished by the public officer, he shall sell the materials of such structure and shall credit thi proceeds of such sale against the cost of the removal or demoliti, and, if there is anv balance remaining, it shall be naid to the parties entitled thereto as determined by judicial proceedings in. stituted by the public officer, after deducting such costs of judicial proceedings, including the necessary attorney's fees in- curred therein, as determined by the court. Section 21. Conflict of Ordinances: Effect of. Partial Invalid itv: In anv case where a nrovisi.on of this code is found to e in conflict with a provision of anv zoning, building, fire, safety, or health ordinance or code of the City of Salina, Kansas, existing on the effective date of this ordinance, the provision which esta - lishes the higher standard for the promotion and protection of the health and safety of the people shall nrevail. In anv case where a provision of this ordinance is, found to be in conflict with a provision of any other ordinance or code of the City of Salina, Kansas, existing on the effective date of this ordinance which establishes a lower standard for the nr.omoti.on and protection of the health and safety of the people, the provisions of this ordin ance shall be deemed to prevail and such other ordinances or code are hereby declared to be repealed to the extent that thev may be found in conflict with this code. If any section, subsection, Daragraph, sentence, clause, or phrase of this code should be declared invalid for anv reason wha- soever, such decision shall not effect the remaining nortions of this code, which shall remain in full force and effect; and to this end the provisions of this code are hereby declared to be severable. 9. I) 1 CONSOLIDATED-SALINA 1 1 1 Section 22. Effective Date: This ordinance shall take effec and be in force from and a ter its nassaFe and publication as pro- vided by law. Passed by the governing bo of the Citv of Salina and signed by the Mavor this day of Mavor ATTEST: Citv Clerk 10.