News Releases

5/17/2016 - Ordinance No. 16-10829 Amending the Property Maintenance Code

 

ORDINANCE NUMBER 16-10829

AN ORDINANCE AMENDING SALINA CODE SECTIONS 31-6, 31-101.1, 31-101.2, 31-103.4, 31-103.5, 31-103.10, 31-103.16, 31-105.1, 31-108.1, 31-112.5, 31-114.4, 31-115.2, 31-116.1, 31-118.4, 31-122.2, 31-123.2, 31-124.1, 31-127.3, 31-129.5, 31-130.1, 31-301, 31-504, 31-601.2, 31-601.3, 31-900, 31-1200, 31-1301 AND REPEALING THE CORRESPONDING EXISTING CODE SECTIONS; AND ADDING SALINA CODE SECTIONS 31-103.21, 31-111.3, 31-112.6, 31-112.7, 31-112.8, 31-114.4.2, 31-116.3, 31-120.3, 31-120.4, 31-123.4, 31-505 OF CHAPTER 31 OF THE SALINA CODE PERTAINING TO MAINTENANCE OF PROPERTIES IN THE CITY LIMITS.

BE IT ORDAINED by the Governing Body of Salina, Kansas:

Section 1.  Amendment.  Section 31-6 of the Salina Code is amended to read as follows:

Sec. 31-6. Definitions.
Whenever used in this chapter, the following terms shall be defined as follows:
(1) AGENT. Any person or entity listed in the Saline County, Kansas, Appraiser's Office or Treasurer's Office for the purpose of paying taxes; a registered agent with the Kansas Secretary of State's Office for corporate or partnership ownership; an agent or manager directed by the property owner, estate, or court order to represent the interests of the property or to otherwise control activities on the property, or a corporate officer.

(2) ANCHORED. Secured in a manner that provides positive connection.

(3) APPROVED. Approved by the code official.

(4) BASEMENT. That portion of a building which is partly or completely below grade.

(5) BATHROOM. A room containing plumbing fixtures including a bathtub or shower.

(6) BEDROOM. Any room or space used or intended to be used for sleeping purposes in either a dwelling or sleeping unit.

(7) CALENDAR YEAR. The period of time beginning January 1 and ending December 31 of the same year.

(8) CODE OFFICIAL. The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.

(9) CONDEMN. To adjudge unfit for occupancy or use.

(10) DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.

(11) DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.

(12) DWELLING UNIT. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

(13) EASEMENT. That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above a said lot or lots.

(14) EQUIPMENT SUPPORT. Those structural members or assemblies of members or manufactured elements, including braces, frames, lugs, snuggers, hangers or saddles, that transmit gravity load, lateral load and operating load between the equipment and the structure.

(15) EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.

(16) GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.

(17) GOOD WORKING ORDER. Maintained in such a manner that said element is capable of safely and reliably performing the intended function without need for further intervention, maintenance or repair.

(18) GRAFFITI. Any letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind visible to the public from a public place that is drawn, painted, chiseled, scratched, or etched on a commercial building or residential building, or any portion thereof, including fencing, that is not consented to by the owner of the commercial building or residential building.  There shall be a rebuttable presumption that such letter, word, name, number, symbol, slogan, message, drawing, picture, writing or other mark of any kind is not consented to by the owner.  Such presumption may be rebutted by the owner informing the city that the owner consents to the marking and intends that it remain on the building.

(19) GUARD. A building component or a system of building components located at or near the open sides of elevated walking surfaces that minimizes the possibility of a fall from the walking surface to a lower level.

(20) HABITABLE SPACE. Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

(21) HOUSEKEEPING UNIT. A room or group of rooms forming a single habitable space equipped and intended to be used for living, sleeping, cooking and eating which does not contain, within such a unit, a toilet, lavatory and bathtub or shower.

(22) IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.

(23) INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.

(24) INOPERABLE VEHICLE. A vehicle, trailer or rolling equipment which cannot be readily used for its intended purpose for reasons including but not limited to being abandoned, a motorized vehicle incapable of moving under its own power without assistance, maintenance or repair, or a trailer or rolling equipment intended to be towed or transported that is unable to be towed or loaded without maintenance or repair.

(25) LABELED. Equipment, materials or products to which have been affixed a label, seal, symbol or other identifying mark of a nationally recognized testing laboratory, inspection agency or other organization concerned with product evaluation that maintains periodic inspection of the production of the above labeled items and whose labeling indicates either that the equipment, material or product meets identified standards or has been tested and found suitable for a specified purpose.

(26) LET FOR OCCUPANCY OR LET. To permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premise or structure by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

(27) LIMIT STATE. Condition in which a structure or component becomes unfit for service and is judged either to be no longer useful for its intended function (serviceability limit state) or to have reached its ultimate load-carrying capacity (strength limit state).

(28) NEGLECT. The lack of proper maintenance for a building, structure or premises.

(29) NOXIOUS OR POISONOUS WEEDS. Plants or vegetation which are injurious to humans, animals, other plans, or property, including but not limited to poison ivy (Toxicodendron radicans), and poison oak (Toxicodendron diversilobum), and any plants or vegetation identified by the State of Kansas as noxious weeds such as but not limited to kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea repens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), bur ragweed (Ambrosia grayii), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), Johnson grass (Sorghum halepense), sericea lespedeza (Lespedeza cuneata).

(30) OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.

(31) OCCUPANT, TENANT. The words "tenant" and "occupant" applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.

(32) OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.

(33) OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

(34) OWNER. Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.

(35) PERENNIAL VIOLATOR. Any person who on three or more occasions during the previous calendar year and with respect to the same premises was:
1. issued a written notice of violation and order of abatement in connection with one or more violations of this chapter,
2. responsible for a violation  of section 31-900 pertaining to weeds and plant growth that was abated by the city, and for which the city was not required to issue a notice of violation and order of abatement other than the one –time yearly notice pursuant to section 31-1001; or
3. responsible for a violation of this chapter that was abated by the city, and for which the city was not required to issue a notice of violation and order of abatement on the basis of an emergency requiring immediate abatement to protect the public health, safety or welfare.
Provided, however, if such person timely fits an appeal pursuant to article X, the building advisory board appeal panel’s decision shall determine the existence of, or such person’s responsibility for, a violation of this chapter.
(36) PERSON. An individual, corporation, partnership or any other group acting as a unit.

(37) PEST ELIMINATION. The control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food or water; by other approved pest elimination methods.

(38) PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.

(39) PUBLIC WAY. Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.

(40) ROOMING HOUSE. A building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one- or two-family dwelling.

(41) ROOMING UNIT. Any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

(42) RUBBISH, DEBRIS. Combustible and noncombustible waste materials, except garbage; the terms shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.

(43) SALINA CODE. All recognized standard codes and local amendments and local regulations adopted by the City of Salina in the Salina Code of Ordinances.

(44) SANITARY CONDITION. Free from and not conducive to the accumulation of elements that endanger health such as but not limited to dirt, germs and filth.

(45) SLEEPING UNIT. A room or space in which people sleep, which can also include permanent provisions for living, eating and either sanitation or kitchen facilities, but not both. Such rooms and spaces that are also part of a dwelling unit are not sleeping units.

(46) STRUCTURE. That which is built or constructed or a portion thereof.

(47) TENANT, OCCUPANT. The words "tenant" and "occupant" applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.

(48) THICKETS. Dense growth of wild shrubbery and/or uncontrolled or invasive species including but not limited to bamboo, briar patches and similar growth having stems or trunks less than one and one-half inches in diameter.

(49) TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.

(50) ULTIMATE DEFORMATION. The deformation at which failure occurs and which shall be deemed to occur if the sustainable load reduces to 80 percent or less of the maximum strength.

(51) VEHICLE. Any automobile, truck, tractor, farm machinery or motorcycle which as originally built contained an engine, regardless of whether it contains an engine at any other time.

(52) VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

(53) WEEDS. All grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens or vegetation required to stabilize soil on steep slopes in excess of 2:1 which cannot be mowed.

(54) WORKMANLIKE. The quality of work that would be done by a worker of average skill and intelligence, executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged and without marring adjacent work, sufficient to reliably perform its intended purpose and acceptable in appearance.

(55) YARD. An open space on the same lot with a structure.

Section 2.  Amendment.  Section 31-101.1 of the Salina Code is amended to read as follows:

Sec. 31- 101.1. Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. In addition to the provisions elsewhere in this chapter, by way of illustration and not limitation, the following conditions, shall be eliminated or mitigated to comply with this section.

1) The exposed carcasses of animals or fowl not disposed of after death;

2) Accumulation of animal waste;

3) Brush, limbs, trees, shrubs, or plants which are dead, diseased or infested which present a harmful or dangerous condition to the public;

4) Exposed refrigerators, freezers, or other appliances left unsecured;

5) All odors and stenches which are disagreeable or obnoxious to a reasonable person, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches (including rank or infested compost heaps);

6) The pollution of any well or cistern, stream, river, lake, or body of water by sewage, dead animals, industrial wastes or other substances;

7) Smoke, gas, soot or cinders, in abnormal quantities, or any amount of noxious fumes;

8) Any rank sewage, rank septic system, rank vault or rank cesspool;

9) Any other condition which is determined to present a dangerous or harmful condition to the public.

10) Appliances, furniture and other household items not designed or manufactured for use outside of the dwelling.

11) Accumulation of waste, garbage, trash, debris or refuse; items that impede the mowing of weeds and tall grass; food products or food containers attracting insects, rodents, or animals; or items that are useless by evidenced by their broken, deteriorated or dismantled condition.

Section 3.  Amendment.  Section 31-101.2 of the Salina Code is amended to read as follows:

Sec. 31-101.2. Grading and drainage.
All premises shall be graded and maintained to include grass or suitable ground cover to prevent the erosion of soil and to prevent the accumulation of standing and/or stagnant water thereon, or within any structure located thereon. Exception: Retention areas and reservoirs approved by the City of Salina.

Section 4.  Amendment.  Section 31-103.4 of the Salina Code is amended to read as follows:

Sec. 31-103.4. Address identification.
New and existing buildings shall have approved address numbers in conformance with the requirements set forth in City of Salina Code, Chapter 35, Article V.
Section 5.  Amendment.  Section 31-103.5 of the Salina Code is amended to read as follows:

Sec. 31-103.5.  Structural members.
All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

Section 6.  Amendment.  Section 31-103.10 of the Salina Code is amended to read as follows:

Sec. 31-103.10. Overhang extensions.
All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good working order and be properly anchored so as to be kept in a sound condition. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.

Section 7.  Amendment.  Section 31-103.16 of the Salina Code is amended to read as follows:

Sec. 31-103.16. Operable windows.
Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware. Operable windows located in whole or in part within six (6) feet above ground level or a walking surface below shall be equipped with a window sash locking device for the purpose of security.

Section 8.  New Section.  The Salina Code is amended by adding a section to be numbered 31-103.21, which section reads as follows:  

Sec 31-103.21. Gates and fences.
Gates. All exterior gates, gate assemblies, operator systems if provided, and hardware shall be maintained in good and operable condition. Latches at all entrances shall tightly secure the gates.
Fences. All fencing shall be maintained in good condition free of damage, breaks, or missing structural members.

Section 9.  Amendment.  Section 31-105.1 of the Salina Code is amended to read as follows:

Sec. 31-105.1. General.
The components of a structure and equipment therein shall be maintained in good working order, structurally sound, and in a sanitary condition.

Section 10.  Amendment.  Section 31-108.1 of the Salina Code is amended to read as follows:

Sec. 31-108.1. Infestation.
All structures and exterior property shall be kept free from insect and rodent harborage and infestation. All structures in which insects and/or rodents are found shall be promptly exterminated by approved processes which will not be injurious to human health. After pest elimination, proper precautions shall be taken to prevent re-infestation.

Section 11.  New Section.  The Salina Code is amended by adding a section to be numbered 31-111.3, which section reads as follows:  

Sec. 31-111.3. Clothes dryer exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions. Exception: Listed and labeled condensing (ductless) clothes dryers.

Section 12.  Amendment.  Section 31-112.5 of the Salina Code is amended to read as follows:

Sec. 31-112.5. Efficiency unit.

Nothing in this section shall prohibit an efficiency living unit which meets the following requirements:
1. A unit occupied by not more than one occupant shall have a minimum clear floor area of not less than 120 square feet (11.2 m²). A unit occupied by not more than two occupants shall have a minimum clear floor area of not less than 220 square feet (20.4m²). A unit occupied by three occupants shall have a minimum clear floor area of 320 square feet (29.7m²). These required areas shall be exclusive of the areas required by Items 2 and 3.

2. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front.

3. The unit shall be provided with a separate bathroom containing a water closet, lavatory and bathtub or shower.

4. Light and ventilation conforming to this chapter shall be provided.

5. The maximum number of occupants shall be three.

Section 13.  New Section.  The Salina Code is amended by adding a section to be numbered 31-112.6, which section reads as follows:  

Sec. 31-112.6 Minimum room widths.
A habitable room other than a kitchen shall be a minimum of 7 feet in any plan dimension. Kitchens shall have a minimum clear passageway of 3 feet between the counterfronts and appliances or counterfronts and walls.

Section 14.  New Section.  The Salina Code is amended by adding a section to be numbered 31-112.7, which section reads as follows:  

Sec. 31-112.7 Minimum ceiling heights.
Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms, and habitable basement areas shall have a minimum clear ceiling height of 7 feet.
Exceptions:
1. In one and two family dwellings, beams or girders spaced a minimum of 4 feet on center and projecting a maximum of 6 inches below the required ceiling height.
2. Existing basement rooms in one and two family dwellings occupied exclusively for laundry, study or recreational purposes,(no bedrooms) having a minimum ceiling height of 6 feet 8 inches, with a minimum clear height of 6 feet 4 inches under beams, girders, ducts and similar obstructions.
3. Rooms occupied exclusively for sleeping, study, or similar purposes and having a sloped ceiling over all or part of the room, with a minimum clear height of 7 feet over a minimum one-third of the required floor area. In calculating the floor area of such rooms, only those portions of the floor area with a minimum clear ceiling height of 5 feet shall be included.

Section 15.  New Section.  The Salina Code is amended by adding a section to be numbered 31-112.8, which section reads as follows:  

Sec. 31-112.8. Room areas.
Every living room shall contain at least 120 square feet (11.2m²) and every bedroom shall contain a minimum of 70 square feet (6.5m²) and every bedroom occupied by more than one person shall contain a minimum of 50 square feet (4.6m²) of floor area for each occupant thereof.

Section 16.  Amendment.  Section 31-114.4 of the Salina Code is amended to read as follows:

Sec. 31-114.4. Employees’ facilities.
A minimum of one water closet and one lavatory and one drinking facility shall be available to employees.

Section 17.  New Section.  The Salina Code is amended by adding a section to be numbered 31-114.4.2, which section reads as follows: 
 
Sec. 31-114.4.2. Drinking facilities.
Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or bathrooms.

Section 18.  Amendment.  Section 31-115.2 of the Salina Code is amended to read as follows:

Sec. 31-115.2. Location.
Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units, shall have access by traversing a maximum of one flight of stairs and shall have access from a common hall or passageway.

Section 19. Amendment.  Section 31-116.1 of the Salina Code is amended to read as follows:

Sec. 31-116.1. General.
Required plumbing fixtures shall be properly installed and maintained in a safe and sanitary condition and shall be in good working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed.

Section 20.  New Section.  The Salina Code is amended by adding a section to be numbered 31-116.3, which section reads as follows: 

Sec. 31-116.2. Fixture clearances. 
Plumbing fixtures shall have adequate clearances for usage, maintenance and cleaning, pursuant to Section R307 of the International Residential Code.

Section 21. Amendment.  Section 31-118.4 of the Salina Code is amended to read as follows:

Sec. 31-118.4. Grease interceptors.
Grease interceptors and automatic grease removal devices, shall be maintained in accordance with Chapter 10, Section 1014 of the Uniform Plumbing Code, and the manufacturer’s installation instructions. Grease interceptors and automatic grease removal devices shall be regularly serviced and cleaned to prevent the discharge of oil, grease, and other substances harmful or hazardous to the building drainage system, the public sewer, the private sewage disposal system or the sewage treatment plant or processes. All records of maintenance, cleaning, and repairs shall be available for inspection by the city.

Section 22.  New Section.  The Salina Code is amended by adding a section to be numbered 31-120.3, which section reads as follows: 

Sec. 31-120.3. Heating facilities required.
Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F in all habitable rooms, bathrooms, and toilet rooms. Cooking appliances shall not be used, nor shall portable unvented fuel-burning space heaters be used, as a means to provide required heating.

Section 23.  New Section.  The Salina Code is amended by adding a section to be numbered 31-120.4, which section reads as follows: 

Sec. 31-120.4. Room temperature measurement.
The required room temperatures shall be measured 3 feet above the floor near the center of the room and 2 feet inward from the center of each exterior wall.

Section 24. Amendment.  Section 31-122.2 of the Salina Code is amended to read as follows:

Sec. 31-122.2. Service.
The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordance with NFPA 70. Dwelling units shall be served by a three-wire, 120/240 volt, single-phase electrical service having a rating of not less than 100 amperes. Exception: Existing, fully functional and unaltered 60 amp services are permitted to remain in service, until such time as a service upgrade is completed.

Section 25. Amendment.  Section 31-123.2 of the Salina Code is amended to read as follows:

Sec. 31-123.2. Receptacles.
Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground fault circuit interrupter. Every bathroom shall contain at least one receptacle. Any new bathroom receptacle outlet shall have ground fault circuit interrupter protection.  All receptacle outlets shall have the appropriate faceplate cover for the location.

Section 26.  New Section.  The Salina Code is amended by adding a section to be numbered 31-123.4, which section reads as follows: 

Sec. 31-123.4. Wiring.
Extension cords shall not be used for permanent wiring, or for running through doors, windows, or cabinets, or concealed within walls, floors, or ceilings.

Section 27. Amendment.  Section 31-124.1 of the Salina Code is amended to read as follows:

Sec. 31-124.1. General.
Elevators, dumbwaiters and escalators shall be maintained in compliance with ASME A17.1. The most current certificate of inspection shall be on display at all times within the elevator or attached to the escalator or dumbwaiter, be available for public inspection in the office of the building operator, or be posted in a conspicuous location approved by the code official or fire marshal. The inspection and tests shall be performed at not less than the periodic intervals listed in ASME A17.1, Appendix N.

Section 28. Amendment.  Section 31-127.3 of the Salina Code is amended to read as follows:

Sec. 31-127.3. Locked doors.
All means of egress doors shall be equipped with a deadbolt lock designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, and shall have a minimum lock throw of 1 inch. Such deadbolt locks shall be installed according to the manufacturer’s specifications and maintained in good working order. For the purpose of this section, a sliding bolt shall not be considered an acceptable deadbolt lock. Exception: Where the door hardware conforms to that permitted by the International Building Code as locally adopted and amended.

Section 29. Amendment.  Section 31-129.5 of the Salina Code is amended to read as follows:

Sec. 31-129.5. Interconnection.
Where more than one smoke alarm is required to be installed within an individual dwelling unit in Group R-2, R-3, R-4 and in dwellings not regulated as Group R occupancies, the smoke alarms shall be interconnected in such a manner that the activation of one alarm will activate all of the alarms in the individual unit. Physical interconnection of smoke alarms shall not be required where listed wireless alarms are installed and all alarms sound upon activation of one alarm. The alarm shall be clearly audible in all bedrooms over background noise levels with all intervening doors closed.
Exceptions:
1. Interconnection is not required in buildings which are not undergoing alterations, repairs or construction which require a building permit or for which the cost of installing required interconnection would exceed 15% of said alterations, repairs or construction.
2. Smoke alarms in existing areas are not required to be interconnected where wireless interconnection is not practically feasible and alterations or repairs do not result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl space or basement available which could provide access for interconnection without the removal of interior finishes.

Section 30. Amendment.  Section 31-130.1 of the Salina Code is amended to read as follows:

Sec. 31-130.1. General.
All unsecured windows and doors shall be boarded in an approved manner to prevent entry by unauthorized persons. The boarding, and related installation shall be in accordance with Sections 31-130.2.1 through 31-130.3.5.

Section 31. Amendment.  Section 31-301 of the Salina Code is amended to read as follows:

Sec. 31-301. Procedure.
(a) When final settlement on a covered claim has been agreed to or arrived at between the named insured and the company and final settlement exceeds 75% of the face value of the policy covering any building or other insured structure, and when all amounts due to the holder of a first real estate mortgage against the building or other structure, pursuant to the terms of the policy and endorsements thereto, shall have been paid, the insurance company shall execute a draft payable to the city, in care of the director of finance, in an amount equal to the sum of 15% of the covered claim payment unless the building official of the city has issued a certificate to the insurance company that the insured has or will remove the damaged building or other structure, as well as all associated debris, or replace, rebuild, or otherwise make the premises safe and secure.
(b) Such transfer of funds shall be on a pro rata basis by all companies insuring the building or other structure. Policy proceeds remaining after the transfer to the city shall be disbursed in accordance with the policy terms.
(c) Upon the transfer of funds as required by subsection (a) of this section, the insurance company shall provide the city with the name and address of the named insured, the total insurance coverage applicable to said building or other structure, and the amount of the final settlement agreed to or arrived at between the insurance company and the insured whereupon the building official shall contact the named insured by registered mail, notifying them that the insurance proceeds have been received by the city and apprise them of the procedures to be followed under this article.

Section 32. Amendment.  Section 31-504 of the Salina Code is amended to read as follows:

Sec. 31-504. Structure unfit for human occupancy.
A structure is unfit for human occupancy whenever the code official finds that such structure is dangerous, unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is unsanitary, insect, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities.

Section 33.  New Section.  The Salina Code is amended by adding a section to be numbered 31-505, which section reads as follows: 

Sec. 31-505. Vacant and unsecured structures unfit for human occupancy.
If a structure or portion of a structure is vacant, unsecured, and unfit for human habitation and occupancy, and is not in danger of structural collapse, the code official is authorized to post a placard on the premises and order the structure closed up. Upon failure of the owner to close up the premises within the time frame specified in the order, the code official shall cause the premises to be closed and secured. Costs incurred in the performance of such work shall be advanced by the city and assessed against the property and paid in the manner provided by Sec. 31-206.

Section 34. Amendment.  Section 31-601.2 of the Salina Code is amended to read as follows:

Sec. 31- 601.2. Imminent danger.
When, in the opinion of the code official, there is imminent danger of failure or collapse of a building or structure which endangers life, or when any structure or part of a structure has fallen or suffered a partial collapse and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the code official is hereby authorized and empowered to order and require the occupants to vacate the premises forthwith. The code official shall cause to be posted at each entrance to such structure a notice reading as follows:
“This Structure Is Dangerous, Unsafe and Its Occupancy Has Been Prohibited by the Code Official.”
It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.

Section 35. Amendment.  Section 31-601.3 of the Salina Code is amended to read as follows:

Sec. 31- 601.3. Temporary safeguards.
Notwithstanding other provisions of this chapter, whenever, in the opinion of the code official, there is imminent danger due to a dangerous and/or unsafe condition, the code official shall order the necessary work to be done, including the boarding up of openings, to render such structure temporarily safe whether or not the legal procedure herein described has been instituted; and shall cause such other action to be taken as the code official deems necessary to meet such emergency.

Section 36. Amendment.  Section 31-900 of the Salina Code is amended to read as follows:

Sec. 31- 900. Weeds.
(a) It shall be the duty of the owner, agent or occupant to maintain all premises free from weeds or turf grass in excess of eight (8) inches high and free from all growth of noxious or poisonous weeds, or thickets.

(b) The duty of an owner, agent, or occupant described in subsection (a) shall extend to the area within any right-of-way abutting the premises, up to the curb line or edge of any street, with the following exceptions:

      (1) In a residential district, subject to the maintenance requirements of subsection (c), the portion of a right-of-way situated between the rear or side yard of a premises and an arterial or a collector street, which is:
           i.  Beyond the first fifteen (15) feet of right-of-way nearest the premises; or
           ii. Between the curb line or edge of a street and the edge of an oversized paved sidewalk of at least ten (10) feet in width (hike-and-bike trail), or within six (6) feet of the edge of such oversized sidewalk nearest the premises.
      (2)  Any portion of a right-of-way located in a residential or commercial district, upon a written finding by the City Manager that a barrier, open ditch, rough terrain, steep grade, or similar condition related to the topography of the site makes access to the right-of-way for purposes of complying with this section unsafe or unduly burdensome.
      (3)  Any portion of a right-of-way designated by the City Manager to be maintained by the city due to the proximity of a public improvement, including public landscape improvements.
      (4)  In an agricultural district, subject to the maintenance requirements of subsection (c), the first fifteen (15) feet of right-of-way nearest an abutting arterial or collector street without an established curb and gutter.

(c) Notwithstanding the right-of-way maintenance exceptions set forth in subsections (b)(1) and (b)(4), it shall be the duty of an owner, agent, or occupant of a premises to maintain all portions of the abutting right-of-way located within one (1) foot of any temporary or permanent building, structure, improvement, utility facility, tree, vegetation (excluding weeds), landscaping material, or any other object of any kind or character.

(d) Premises located in the following areas shall be presumed exempt from the above stated maintenance requirements, unless the City Manager determines, in writing, and on the basis of public health, safety and welfare, that such premises should be subject to the above stated maintenance requirements as contributing to weed, rodent or pest infestation of an adjoining occupied property:
      (1) Pond, creek, or stream banks, and dedicated stormwater detention or retention areas.
      (2) Undisturbed areas of grassland ecosystems or forest ecosystems greater than 2,000 square feet in area and maintained less than eight (8) inches in height a minimum of fifteen (15) feet from maintained areas on an abutting property under separate ownership.
      (3) Homogeneous agricultural crops grown on vacant lots qualifying for agricultural classification for ad valorem property tax purposes provided that the agricultural crop is not grown:
            i.  Within fifteen (15) feet of the property line of an abutting property that is either occupied or under separate ownership; or
           ii. Within a required front, side or rear yard abutting a right-of-way or a property that is either occupied or under separate ownership.
        (4) Areas of vegetation within public parks or park-like settings owned by governmental or educational entities.

Section 37.  Amendment.  Section 31-1200 of the Salina Code is amended to read as follows:

Sec. 31-1200. Nuisance and abatement.
Any inoperable or unlicensed vehicle parked, stored or deposited in a manner other than that permitted under this article is hereby declared a nuisance and may be abated from property other than public property or property open to use by the public under the same authority and procedure as set forth in division 2 of article III of this chapter, as it now exists or may be amended.

Section 38.  Amendment.  Section 31-1301 of the Salina Code is amended to read as follows:

Sec. 31-1301. Membership of board.
A BAB appeal panel shall consist of three members of the building advisory board appointed on a case-by-case basis by the chairman of the building advisory board, making reasonable effort to select members who are available to serve and who are qualified by experience and training to pass on matters pertaining to the matter being appealed. The chairman of the building advisory board may designate alternate members of a BAB appeal panel and may serve as a self-appointed member of a BAB appeal panel.

Section 39. Repealer. Existing Salina Code Sections 31-6, 31-101.1, 31-101.2, 31-103.4, 31-103.5, 31-103.10, 31-103.16, 31-105.1, 31-108.1, 31-112.5, 31-114.4, 31-115.2, 31-116.1, 31-118.4, 31-122.2, 31-123.2, 31-124.1, 31-127.3, 31-129.5, 31-130.1, 31-301, 31-504, 31-601.2, 31-601.3, 31-900, 31-1200, 31-1301 are repealed.
Section 40. Effective. This ordinance shall be in full force and effect from and after its adoption and publication in the official city newspaper by the following summary:

Ordinance No. 16-10829
On May 16, 2016, the City Commission passed Ordinance No. 16-10829. The Ordinance amends Salina Code Sections 31-6, 31-101.1, 31-101.2, 31-103.4, 31-103.5, 31-103.10, 31-103.16, 31-105.1, 31-108.1, 31-112.5, 31-114.4, 31-115.2, 31-116.1, 31-118.4, 31-122.2, 31-123.2, 31-124.1, 31-127.3, 31-129.5, 31-130.1, 31-301, 31-504, 31-601.2, 31-601.3, 31-900, 31-1200, 31-1301 and repeals the corresponding existing sections; and adds Salina Code Sections 31-103.21, 31-111.3, 31-112.6, 31-112.7, 31-112.8, 31-114.4.2, 31-116.3, 31-120.3, 31-120.4, 31-123.4, 31-505 collectively pertaining to the Property Maintenance Code of the City of Salina.   A complete copy of the Ordinance can be found at www.salina-ks.gov or in the office of the City Clerk, 300 W. Ash, free of charge. This summary is certified by the City’s legal counsel.

      Introduced: April 25, 2016
                        Passed:  May 16, 2016 


_________________________________Kaye J. Crawford, Mayor
[SEAL]
ATTEST:


______________________________
Shandi Wicks, CMC, City Clerk

 

____________________________________

Greg Bengtson, Legal Counsel