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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.