ORDINANCE NUMBER 14-10759
AN ORDINANCE AMENDING CHAPTER 31, ARTICLE I OF THE SALINA CODE BY AMENDING SECTION 31.6 ESTABLISHING DEFINITIONS FOR THE PROPERTY MAINTENANCE CODE OF THE CITY OF SALINA.
BE IT ORDAINED by the Governing Body of the City of Salina, Kansas:
Section 1. Section 31.6 of the Salina Code is hereby amended 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) CODE OFFICIAL. The official who is charged with the administration and enforcement of this chapter, or any duly authorized representative.
(8) CONDEMN. To adjudge unfit for occupancy or use.
(9) DETACHED. When a structural element is physically disconnected from another and that connection is necessary to provide a positive connection.
(10) DETERIORATION. To weaken, disintegrate, corrode, rust or decay and lose effectiveness.
(11) 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.
(12) 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.
(13) 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.
(14) EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or operators of such premises.
(15) GARBAGE. The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(16) 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.
(17) 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.
(18) 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.
(19) 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.
(20) IMMINENT DANGER. A condition which could cause serious or life-threatening injury or death at any time.
(21) INFESTATION. The presence, within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
(22) 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.
(23) 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.
(24) 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.
(25) 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).
(26) NEGLECT. The lack of proper maintenance for a building, structure or premises.
(27) NOXIOUS WEEDS. 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) and sericea lespedeza (Lespedeza cuneata).
(28) OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
(29) 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.
(30) OPENABLE AREA. That part of a window, skylight or door which is available for unobstructed ventilation and which opens directly to the outdoors.
(31) OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
(32) 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.
(33) PERENNIAL VIOLATOR. On and after January 1, 2015 through December 31, 2015, the term “perennial violator” shall mean any person who shows a pattern of failing to comply with this chapter which may be shown by three or more notices of abatement, notices of costs, or previous violations of this chapter within the preceding 12 months. On and after January 1, 2016, the term “perennial violator” shall mean any person who on three or more occasions during the previous calendar year and with respect to the same premises was:
(a) issued a written notice of violation and order of abatement in connection with one or more violations of this chapter;
(b) 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
(c) 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 files 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.
(34) PERSON. An individual, corporation, partnership or any other group acting as a unit.
(35) 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.
(36) PREMISES. A lot, plot or parcel of land, easement or public way, including any structures thereon.
(37) 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.
(38) 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.
(39) 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.
(40) RUBBISH. Combustible and noncombustible waste materials, except garbage; the term 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.
(41) SALINA CODE. All recognized standard codes and local amendments and local regulations adopted by the City of Salina in the Salina Code of Ordinances.
(42) 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.
(43) 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.
(44) STRUCTURE. That which is built or constructed or a portion thereof.
(45) 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.
(46) TOILET ROOM. A room containing a water closet or urinal but not a bathtub or shower.
(47) 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.
(48) VENTILATION. The natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.
(49) 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.
(50) WORKMANLIKE. The quality of work that would be done by a worker of average skill and intelligence; 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.
(51) YARD. An open space on the same lot with a structure.
Section 2. That existing Section 31.6 of the Salina Code is hereby repealed.
Section 3. This ordinance shall be published by the following summary:
Ordinance No. 14-10759 Summary
On December 15, 2014, the City of Salina, Kansas, passed Ordinance No. 14-10759. The ordinance amends Chapter 31, Article I of the Salina Code by amending Section 31.6 establishing definitions for the Property Maintenance Code of the City of Salina. A complete copy of the ordinance is available at www.salina-ks.gov or in the office of the city clerk, 300 W. Ash Street, free of charge. This summary is certified by the city attorney.
Section 4. This ordinance shall be in full force and effect from and after January 1, 2015, following its adoption and publication by summary once in the official city newspaper.
Introduced: December 8, 2014
Passed: December 15, 2014
Aaron K. Householter, Mayor
Shandi Wicks, CMC, City Clerk
Certification of Publication Summary:
Greg A. Bengtson, City Attorney