3779 Regulating Vaults and Cesspoolsd�r
ORDINANCE NO. 377
AN ORDINANCE relating to, regulating and prohibiting the construction
and use of vaults and cesspools, regulating and suppressing those
already constructed; compelling and regulating the connection of
all property with sewers; providing for certain exceptions to
this ordinance; defining certain nuisances and providing for the
abatement and for the taxing of the cost thereof, and repealing
certain ordinances or parts of ordinances in conflict herewith.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
Section 1. It shall be unlawful for any person, firm or corpora-
tion to construct on any property in the City of Salina, which abutts
on any street or alley in which there is located a pzblic sewer, or
which is sufficiently close to any public sewer to have access there-
to, any vault or cesspool, and it shall be unlawful for any person,
firm or corporation to use or permit the use of any vault or cess-
pool now constructed on any such property.
Section 2. That any vault or cesspool now or hereafter located
or constructed on any property in the City of Salina, which abutts
upon any street or alley upon which there is or in which there may
be hereafter located any public sewer, or which is accessible to
any public sewer now or hereafter constructed, shall be and the same
is hereby prohibited and suppressed and the same shall be removed
upon notice given by the Chief of Police to the occupant of any such
premises, and to the owner of such premises if such owner be a
resident of the City of Salina, or if such owner be a non resident
of the City of Salina, then to the agent of such owner, if such agent
be a resident of the City of Salina, and if such agent can be found
by or is known to the Chief of Police. If any such occupant, owner
or agent, or any of them, are non residents of the City of Salina,
or cannot be found or located, by the Chief of Police in said city,
such notice as to any or all of such persons who are non residents
or who cannot be located within the city, may be posted in a
conspicuous place on said premises and such posting shall have the
same effect as to such non-residents or persons who cannot be found
or located in said city, as if the same had been personally served
upon them. Every such vault or cesspool is hereby declared to be a
public muisance and if within ten days after the service of any such
notice, the same shall not be removed by the occupant or owner, or by
the agent of the owner, such vault or cesspool shall be abated and
removed, and filled up, by some person employed for such purpose by
order of the Board of Commissioners of the City of Salina, and the
cost thereof shall be reported to the Board of Commissioners and shall
be assessed and taxed against the lot or tract of ground upon which
such vault or cesspool is located and maintained, and such cost shall
M
be levied, certified and collected as a special assessment in the same
manner as special assessments for repairing and building sidewalks.
Section 3. That every person, firm or corporation owning any
property in the City of Salina which abutts upon any street or alley
in which there is located a public sewer or which is accessible to
any public sewer, shall, upon order of the Board of Commissioners
of the City of Salina, and upon notice given by the Chief of Police
of such order, connect said property with such sewer. The notice
herein provided for shall be served in the same manner as that pro-
vided for in the preceeding section of this ordinance. The mainten-
ance or use of any such property without sewer connection, if the same
shall be ordered as provided for herein, be and the same is hereby
declared to be a public nuisance and any such nuisanee may be abated
by the City of Salina by the connection of such property to any such
sewer, and if after the notice herein provided for is served or posted,
as required herein, the owner of said property shall neglect or re-
fuse to make such connection, the Board of Commissionersof said city
may contract for the construction of such sewer connection or may
employ any person to make such connection, and tax the cost thereof
as a special assessment against the real estate so connected to any
such sewer in the same manner as provided for in the preceeding section
of this ordinance.
Section 4. The terms "Vault" and "Cesspool" as used herein shall
be deemed to include all privy vaults, septic tanks, and any receptacle
for filth or excrement for the carrying off of which the sewers of the
city may be properly used, and all appurtenances thereto.
Section 5. Any person, firm or corporation, or the agent,
employee, representative, officer or member of any such person, firm
or corporation who shall violate any of the provisions of this ordinance
or who shall fail, neglect or refuse to comply with any order or notice
made or given pursuant to the provisions of this ordinance, or who shall
maintain or permit the maintenance of any nuisance described in this
ordinance, shall be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than $25.00 nor more than $100.00 for
each offense and each day upon which any such nuisance shall be per-
mitted to continue or during which any violation of this ordinance shall
be permitted or caused to exist, may be deemed a separate offense.
Section 6. That Section 7 of Ordinance No. 1143, as amended by
section 1 of Ordinance No. 1514, being Section 20.214 Revised Ordinances
1925, and all other ordinances in so far as they specifically conflict
herewith be and the same are hereby repealed.
Section 7. This ordinance shall take effect and be in force
from and after its publication in the official city paper.
Introduced August 26th, 1929
Passed, September 3rd, 1929
Guy T. Helvering
Mayor
Attest:
Chas. E. Banker
City Clerk
STATE OF KANSAS )
) SS
COUNTY OF SALINE )
I, Chas. E. Banker, City Clerk of the City of Salina, Kansas,
do hereby certify that the above and foregoing is a true and correct
copy of Ordinance No. 3779 passed and approved by the Board of Com-
missioners of the City of Salina, September 3rd, 1929; and a record
of the vote on its final. adoption is found on page / 5� Journal No. 12
�7,
City Clerk
(Published in the Salina Journal 41 11929)
ORDINANCE NO. 3779
An Ordinance relating to, regulating and prohibiting the construction
and use of vaults and cesspools, regulating and suppressing those
already constructed; compelling and regulating the connection of
all property with sewers; providing for certain exceptions to this
ordinance; defining certain nuisances and providing for the abate-
ment and for the taxing of the cost thereof, and repealing certain
ordinances or -parts of ordinances in conflict herewith.
BE IT ORDAINED by the Board of Commissioners of the City of Salina,
Kansas:
SECTION 1. It shall be unlawful for any person, firm or corporation
to construct on any property in the City of Salina, which abutts on
any street or alley in which there is located a public sewer, or
which is sufficiently close to any public sewer to have access thereto,
any vault or cesspool, and it shall be unlawful for any person, firm
or corporation to use or permit the use of any vault or cesspool now
constructed on such property.
SECTION 2. That any vault or cesspool now or hereafter located or
constructed on any property in the City of Salina, which abutts upon
any street or alley upon which there is or in which there may be here-
after located any public sewer, or which is accessible to any public
sewer now or hereafter constructed, shall be and the same is hereby
prohibited and suppressed and the same shall be removed upon notice
given by the Chief of Police to the occupant of any such premises,
and to the owner of such premises if such owner be a resident of the
City of Salina, or if such owner be a non resident of the City of Salina,
then to the agent of such owner, if such agent be a resident of the City
of Salina, and if such agent can be found by or is known to the Chief of
Police. If any such occupant, owner or agent, or any of them, are non-
residents of the City of Salina, or cannot be found or located, by the
Chief of Police in said city, such notice as to any or all of such
persons who are non residents or who cannot be located within the city,
may be posted in a conspicuous place on said premises and such posting
shall have the same effect as to such non-residents or persons who cannot
be found or located in said city, as if the sarle had been personally
served upon them.
2.
Every such vault or cesspool is hereby declared to be a public nuisance
and if within ten days after the service of any such notice, the same
shall not be removed by the occupant or owner, or by the agent of the
owner, such vault or cesspool shall be abated and removed, and filled
up, by some person emplolTed for such purpose by order of the Board of
Commissioners of the City of Salina, and the cost thereof shall be
reported to the Board of Commissioners and shall be assessed and taxed
against the lot or tract of ground upon which such vault or cesspool
is located and maintained, and such cost shall be levied, certified and
collected as a special assessment in the same manner as special assess-
m.ents for repairing and building sidewalks.
SECTION 3. That every person, firm or corporation owning any property
in the City of Salina which abutts upon any street or alley in which
there is located a public sewer or which is accessible to any public
sewer, shall, upon order of the Board of Commissioners of the City of
Salina, and upon notice given by the Chief of Police of such order,*ft
connect said property with such sevier. The notice herein provided for
shall be served in the same manner as that provided for in the preceeding
section of this ordinance. The maintenance or use of any such property
without sewer connection, if: the same shall be ordered as provided for
herein, be and the same is hereby declared to be a public nuisance and
any such nuisance may be abated by the CitS, of Salina by the connection
of such property to any such sewer, and if after the notice herein pro-
vided for is served or posted, as required herein, the owner of said
property shall neglect or refuse to ma_l:e such connection., the Board of
Commissioners of said city may contract for the construction of such
sewer connection or may employ any person to mane such connection, and
tax the cost thereof as a special assessment against the real estate so
connected to any such sewer in the same manner as provided for in the
preceeding section of this ordinance.
SECTION 4. The terms "Vault" and "6esspool" as used herein shall be
deemed to include all privy vaults, septic tanks, and any receptacle
for filth or excrement for the carrying off of which the sewers of the
city may be properly used, and all appurtenances thereto.
SECTION 5. Any person, firm or corporation, or the agent, employee,
representative, officer or member of any such person, firm or corporation
who shall violate any of the provisions of this ordinance, or who shall
fail, neglect or refuse to comply with any order or notice made or
given pursuant to the provisions of this ordinance, or who shall main-
tain or permit the maintenance of any nuisance described in this ordi-
nance, small be deemed guilty of a misdemeanor and upon conviction
thereof shall be fined not less than ;25.00 nor more than 1100.00 for
each offense and each daz, upon which any such nuisance shall be per-
mitted to continue,/ during which any violation of this ordinance shall
be permitted or caused to exist, may be deemed a separate offense.
SECTION 6.1 That Section 7 of Ordinance No. 1143, as amended by section
1 of Ordinance No. 1514, being Section 20-214 Revised Ordinances 1925,
and all other ordinances in so far as they specifically conflict herewith
be and the same are hereby repealed.
SECTION 7• This ordinance shall take effect and be in force from and
after its publication in the official city paper.
Introduced A,B st 5)Sth- IQ29 •
Attest: ?"
v
City Clerk.
Mayor.