5278 Moving of Buildings- --. - —
- --- - - --- -- ORDINANCE N WER 5278
Published_ in the Salina Journal y 19 48)
,
AN ORDINANCE providing for and regulating and moving of buildings to be employed
as dwellings, from one place to another within and from without to within the City of
Salina and providing for penalties and forfeitures for the violation thereof.
WHMMS, certain persons have heretofore removed certain buildings to be employ-
ed, occupied and used as dwellings from one place to another within the City of Salina;
and
WHEREAS, certain persons have heretofore moved certain buildings to be employ-
ed, occupied and used as dwellings, from without into the City of Salina; and
WHEREAS, many of said buildings so removed and moved, as aforesaid, have been
in a delapidated and unsanitary condition so as to be injurious to the health of the
inhabitants of the city; and
WHEREAS, it is necessary to protect the public health by regulating the removal
and moving of such buildings to be so employed, used and occupied within and from
without the said city; and
SO, NOW THEREFORE,
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF SALINA, KANSAS:
Section 1. That the preambles of this ordinance are hereby made a part hereof.
That the removal of buildings having been or to be used, occupied or employed as a
dwelling for persons within the City of Salina from one place to another within said
city or the moving of buildings used or to be used for said purposes, from without
the said city into said city except in full compliance with all the terms, conditions
and provisions of this ordinance and first obtaining a permit to do so, is hereby
prohibited.
Section 2. No as herein be
permit required shall issued by the Building
Inspector until any applicant therefor shall file an application as hereinafter pro-
vided and shall deposit with said Building Inspector a fee of $2.50, which fee, when
the permit hereafter provided for is issued, if ever, shall entitle and require the
permittee to do and perform the things therein provided for.
Section. 3. The application for such a permit shall set forth the following:
(a) The name and address of the applicant.
(b) Two photographs of the structure proposed
to be moved within or into the City of
Salina.
(o) The legal description of the location upon
which the structure is to be located, install-
ed or placed.
(d) Whether the structure complies with the Build-
ing Code of the City of Salina as otherwise
provided by ordinance.
(e) Whether the structure complies with the Eleo-
trical Code of the City of Salina as otherwise
provided by ordinance.
(f) Whether the structure complies with the Plumb-
ing Code of the City of Salina as otherwise
provided by ordinance.
(g) Complete plans and specifications for the comp-
letion of the structure at the place it is to be
erected, installed or placed.
Section 4. That the applicant shall submit a surety bond, duly signed by a
D
1
local agent authorized on behalf of a corporate surety authorized to do business in Kansas,
or cash in the sum of $l,000.00, conditioned so that the permittee will be required to install
erect and place said structure at the place so described in the application, that said
structure will be completed in full compliance with all ordinances of the City of Salina and
or in full compliance with the plans and specifications submitted with the application, a
copy of which plans and specifications shall be attached to said bond and further providing
that default, shall operate as a forfeiture of said bond or cash for the benefit of the
City of (Salina, as liquidated damages.
Section 5. After the filing of the application, payment of the fee hereinbefore pro-
vided for, then the Building Inspector shall carefully examine the application, the photo-
graphs of the structure, the structure and the plans and specifications for the completion
thereof and if he finds that said structure will comply with all ordinances of the City if
installed, erected and placed in compliance with the said plans and specifications then he
i
shall issue a permit to the applicant authorizing and providing for the followings
(a) The moving of a structure to a certain described place in the
City of Salina, Kansas.
i
(b) The erection, installation and placing of said structure on the
described place in full compliance with the plans and specifi-
cations submitted with the application and the Building Code,
Electrical Code, PUmbing Code and Gas Piping Code of the City
of Salina, Kansas.
(o) Providing that default in compliance with any ordinance, or
portion thereof of the said city or default in compliance with
the plans and specifications or any part thereof shall operate
as a forfeiture of the bond or cash submitted with the application.
(d) Providing that the structure shall be completely installed,
erected and placed in full compliance with each and every pro-
vision of the ordinances of said city and the plans and specifi-
cations submitted within six months from the issuance of the permit
and in event of default that said bond or cash shall be forfeited.
Section 6. It shall be the duty of the Building Inspector to examine the structure
from time to time and upon the structure being installed, erected and placed at the place
described in the permit in compliance with the plans and specifications submitted, as
aforesaid, and all ordinances of the City of Salina, the Building Inspector shall report
that fact in wiiting to the City Manager and upon the City Manager being satisfied as to
full compliance by the permittee, he shall release the surety on the bond or cause the
cash deposit to be returned to the permittee.
S ection 7. That in the event the Building Inspector ascertains that said structure
has not been completed in compliance with the permit, ordinances of said city and plans
and specifications within six months from the date of issuance of said permit, he shall in
writing report such failure to comply in details to the Board of Commissioners of the City
of Salina, Kansas. Upon receipt of any such report the Board of Commissioners shall cause
a notice of hearing to be sent unto said permittee by registered mail at least four (4) da ys.
prior to hearing requesting the permittee to appear at a certain time and place before said
Board to show cause why said bond or cash should not be forfeited by said Board as a result
of said default. on the hearing the said Board shall hear the evidence and if satisfied
i
1
1
1
That the permittee has fully complied with the provisions of said permit and this ordinance,
then said Board shall by resolution release the surety on the bond or cause the cash bond
i
to be refunded. In the event that said board is satisfied that the permittee has not
I
substantially complied with the provisions of said permit and the ordinances of said city,
then said Board shall by resolution order the bond forfeited and if a surety bond shall
order the City Attorney to proceed in the name of the City to collect the amount of the
bond from the surety.
Section 8. That this ordinance shall be administered and enforced as supplemental
to Sections 5-801 to 5-811, both inclusive, of the Revised Ordinances of the City of
Salina., Kansas, 1939.
Section 9. .any person who shall violate or shall fail to comply with any of the
provisions of this ordinance shall be deemed guilty of a public offense and upon con-
viction shall be punished by a fine of not less than $10.00 nor more than $100.00 for
each offense and each days violation or failure to comply with this ordinance shall be
deemed to constitute a separate offense.
i
Section 10. If any sentence, clause or section of this ordinance be held to be
unconstitutional by the final judgement of any court of competent jurisdiction, such
judgement shall be deemed not to eefect any other sentence, clause or section hereof,
and it is hereby declared that each sentence, clause or section of this ordinance is
i
hereby adopted and wXould have been passed, independently of each and every other sent -
once, clause or section hereof.
Section 11. This ordinance shall be in full force from and after its adoption and
publication in the official city paper.
Attest:
Introduced: February 9, 1948
Passed: February 16, 1948
Mayor