City Ordinances

ORDINANCE NO. 2015–02

AN ORDINANCE AMENDING THE CODE OF THE CITY OF NEW STRAWN, KANSAS, BY AMENDING SECTION 15–518 TO CHANGE THE RATES AND FEES RELATED TO THE COLLECTION AND DISPOSAL OF SOLID WASTE FOR THE CITY OF NEW STRAWN, KANSAS AND REPEALING ORDINANCE NO. 2014-03.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAwN, KANSAS:

SECTION 1. That Section 15-518 of the Code of the City of New Strawn, Kansas, is hereby amended to read as follows:

Section 15–518 SAME, FEE SCHEDULE. The Governing Body has determined that

the monthly rates or charges for collection and disposal of residential Solid waste by the city or by a contractor holding a valid contract with the city shall be as specified below, subject, however, to such changes and revisions thereof as may be deemed necessary from time to time by the city. . (a) Residential rate: Single and multi-family regular monthly solid waste service rate per dwelling unit per month, beginning March 1, 2015, shall be one dollar above the contracted rate, which is $14.98. (b) When solid waste collection and disposal service is provided by a contractor for residential solid waste service, such revenue shall be paid out in the following manner by the city clerk per residence fee collected: $13.98, effective March 1, 2015.

SECTION 2. That the above described changes in rates and fees will be in effect on March 1, 2015.

SECTION 3. That Ordinance No. 2014-03 shall be repealed upon this ordinance taking effect. –

SECTION 4. This Ordinance shall be effective from and after its passage by the Governing Body of the City of New Strawn, Kansas, and its publication one (1) time in the official city newspaper as provided by law.

PASSED by the Governing Body and approved by the Mayor of the City of New Strawn, Kansas, on this 7th day of May, 2015.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Denise McNabb, City Attorney

ORDINANCE NO. 2014–03

AN ORDINANCE AMENDING THE CODE OF THE CITY OF NEW STRAWN, KANSAS, BY AMENDING SECTION 15-518 TO CHANGE THE RATES AND FEES RELATED TO THE COLLECTION AND DISPOSAL OF SOLID WASTE FOR THE CITY OF NEW STRAWN, KANSAS AND REPEALING ORDINANCE NO. 2013–04.

BE IT ORDALNED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS:

SECTION 1. That Section 15-518 of the Code of the City of New Strawn, Kansas, is hereby amended to read as follows:

Section 15–518 SAME, FEE SCHEDULE. The Governing Body has determined that

the monthly rates or charges for collection and disposal of residential solid waste by the city or by a contractor holding a valid contract with the city shall be as specified below, subject, however, to such changes and revisions thereof as may be deemed necessary from time to time by the city. (a) Residential rate: Single and multi-family regular monthly solid waste Service rate per dwelling unit per month, beginning March 1, 2014, shall be one dollar above the contracted rate, which is $14,37. (b) When solid waste collection and disposal service is provided by a contractor for residential solid waste service, such revenue shall be paid out in the following manner by the city clerk per residence fee collected: $13.37, effective March 1, 2014.

SECTION 2. That the above described changes in rates and fees will be in effect on AMarch 1, 2014.

SECTION 3. That Ordinance No. 2013–04 shall be repealed upon this ordinance taking effect. . . .

SECTION 4. This Ordinance shall be effective from and after its passage by the Governing Body of the City of New Strawn, Kansas, and publication of a summary of same one

(1) time in the official city newspaper as provided by law.

PASSED by the Governing Body and approved by the Mayor of the City of New Strawn, Kansas, on this 6th day of March, 2014.

Mark Petterson, Mayor

ATTEST:

Janell K. Templeton, City Clerk

APPROVED AS TO FORM

Douglas P. Witteman, City Attorney

ORDINANCE NO. 2013-04

AN ORDINANCE AMENDING THE CODE OF THE CITY OF NEW STRAWN, KANSAS, BY AMENDING SECTION 15-518 TO CHANGE THE RATES AND FEES RELATED TO THE COLLECTION AND DISPOSAL OF SOLID WASTE FOR THE CITY OF NEW STRAWN, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS:

SECTION 1. That Section 15-518 of the Code of the City of New Strawn, Kansas, is hereby amended to read as follows:

Section 15-518 SAME, FEE SCHEDULE. The Governing Body has determined that the monthly rates or charges for collection and disposal of residential solid waste by the city or by a contractor holding a valid contract with the city shall be as specified below, subject, however, to such changes and revisions thereofas may be deemed necessary from time to time by the city. ”

(a) Residential rate: Single and multi-family regular monthly solid waste Service rate per dwelling unit per month, beginning June 1, 2013, shall be one dollar above the contracted rate, which is $13.81.

(b) When solid waste collection and disposal service is provided by a contractor for residential solid waste service, such revenue shall be paid out in the following manner by the city clerk per residence fee collected: $12.81, effective June 1, 2013.

SECTION 2. That the above described changes in rates and fees will be in effect on June 1, 2013.

SECTION 4. This Ordinance shall be effective from and after its passage by the Governing Body of the City of New Strawn, Kansas, and its publication one (1) time in the official city newspaper as provided by law.

PASSED by the Governing Body and approved by the Mayor of the City of New Strawn, Kansas, on this 6th day of June, 2013.

 

Mark Petterson, Mayor

ATTEST:

Tammy Allen, City Clerk

APPROVED AS TO FORM

Douglas P. Witteman, City Attorney

ORDINANCE NO. 2013-02

AN ORDINANCE REPEALING CERTAIN SECTIONS OF CHAPTER XV, UTILITIES OF THE CITY CODE OF THE CITY OF NEW STRAWN, KANSAS, AND AMENDING OTHER CERTAIN PROVISIONS THEREOF;

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS

that Section 15-105 of the City Code of the City of New Strawn, Kansas, shall be repealed in its entirety and that a new Section 15-105 shall be stated as follows:

SECTION 15-105. CONNECTION FEE.

(a) Each new customer requesting utility services shall pay a non-refundable connection fee of One hundred twenty dollars ($120,00) to the City Clerk of the City of New Strawn, Kansas, prior to the commencement of service.

(b) An existing customer wishing to open an additional account who has had payment history for a minimum of the past twelve (12) months with no late payments shall pay a reduced non-refundable connection fee of twenty dollars ($20.00) in lieu ofone hundred twenty dollars ($120.00).

BE IT FURTHER ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS that Section 15-205 of the City Code of the City of New Strawn, Kansas, shall be amended as follows:

SECTION 15–205. APPLICATION FOR SERVICE.

(a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the connection.

(b) The application shall:

(1) Contain an exact description including street address of the property to be served;

(2) State the size of tap required;

(3) State the size and kind of service pipe to be used;

(4) State the full name of the owner of the premises to be served;

(5) State the purpose for which the water is to be used;

(6) State any other pertinent information required by the city clerk, including adequate identification of person, firm or corporation;

(7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent,

(8) If applicant lives outside the city limits, the applicant must sign a consent for annexation.

(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15-105 and 15–207.

BE IT FURTHER ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS that Section 15–207 of the City Code of the City of New Strawn, Kansas, shall be amended as follows:

SECTION 15–207. INSTALLATION FEES. The fees for new installation to the city

waterworks system shall be as follows:

(a) For connecting water main within the city limits, Seven hundred fifty dollars ($750.00) plus tax.

(b) For connecting water main not within the corporate Himits of the city, Fifteen hundred fifty dollars ($1,500.00) plus tax. (Code 2012)

BE IT FURTHER ORDAINED BY THE GOVERNING вору OF THE CITY OF NEW STRAWN, KANSAS that Section 15-215 of the City Code of the City of New Strawn, Kansas, shall be amended as follows:

SΕCΤΙΟΝ 15-215. DISCONNECTION, RECONNECTION CHARGES. Whenever the city receives a request from a customer for termination of water service a disconnection charge of Twenty dollars ($20.00) shall be added to the customer’s final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill interest penalty thereon, and the reconnection charge of Fifty dollars ($50.00).

BE IT FURTHER ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN,KANSAS that Section 15–216 of the City Code of the City of New Strawn, Kansas, shall be deleted in itsentirety.

BE IT FURTHER ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS that Section 15-222 of the City Code of the City of New Strawn, Kansas, shall be amended as follows:

SECTION 15–222. PAYMENT OF BILLS.

(a) All water bills for the previous month’s water service shall be paid on or before the 10″ day of the month following the service, unless the 10″ is a day the city clerk’s office is not open for business, then the bill shall be due on the next business day. For any billing not paid when due a late charge of 10 percent will be added to the bill. No partial payment or payment by installments shall be accepted without special order of the governing body. (Code 2012)

(b) Any person at the time of beginning or terminating service who receives service for a period of less than 17 consecutive days shall be billed at no less than one-half of the regular minimum monthly rate. For service of 17 consecutive days or more the charge shall be not less than full regular minimum monthly rate. (Code 2012)

BE IT FURTHER ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEW STRAWN, KANSAS that Section 15–403 of the City Code of the City of New Strawn, Kansas, shall be amended as follows:

SECTION 15-403. PERMIT, INSTALLATION FEES. (a) No person shall uncover, make

any connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof withoutfirst obtaining a written permit from the city.

(b) There shall be charged a non-refundable fee of Two hundred fifty dollars ($250.00) payable at the time of making application for the permit.

EFFECTIVE DATE. This ordinance shall take effect and be in force from and after its publication in the Coffey County Republican, the official city newspaper.

PASSED AND APPROVED by the City Council of the City of New Strawn, Kansas, on this _R

Mark Petterson, Mayor

ATTEST:

Tammy Allen, City Clerk

APPROVED AS TO FORM

Steven J. Smith, City Attorney

ARTICLE 1. GENERAL PROVISIONS

15–101. DEFINITION.

For purposes of this article utility services shall include water, sewer, solid waste (refuse) and other utility services provided by the city. (Code 2012)

15–102. DELINQUENT ACCOUNTS.

Unless otherwise provided, water, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:104. (Code 2012)

15-103. NOTICE; HEARING.

(a) If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.

(b) The notice shall state:

(1) The amount due, plus delinquency charge;

(2) Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;

(3) Notice that the customer has the right to a hearing before the designated hearing officer, which will be the mayor or person designated by the mayor;

(4) Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c) Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held within three working days following receipt of the request. (Code 2012)

15–104. SAME, FINDING.

Following the hearing, if the hearing officer shall find that Service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service. (Code 2012)

15-105. UTILITY DEPOSIT.

(a) Each new customer making application for utility service shall make a cash deposit to the city to serve as a guaranty for the payment of service thereafter furnished to the customer’s premises.

(b) The deposit(s) required by subsection (a) shall not exceed an amount equal to the expected average bill for a three month period for such utility service(s). At its discretion, the city may require a single utility deposit to be paid by the property owner or customer. If a single deposit is requested, the total amount of the deposit shall not exceed and amount equal to the expected average bills for a three month period for all such utility services provided by the city.

(c) In the event that utility service shall be disconnected or discontinued for failure to pay any bill due the city for such utility, such cash deposit shall be applied as a credit against all amount due from the customer to the city, and if there shall remain any surplus of such deposit, the same shall be returned to the CuStorner.

(d) Deposits collected pursuant to this ordinance shall be governed by the provisions of K.S.A. 12–822 as amended. (Code 2012)

15-106. DELINQUENT ACCOUNTS; REFUSAL OF SERVICE; TERMINATION OF SERVICE, LIEN AGAINST PROPERTY.

(a) In the event that any person, except the United States or the state of Kansas, shall fail to pay the fees or charges for such utility services(s), utility service shall be terminated as provided in sections 15-102:104. The governing body may refuse the delivery of utility service(s), as permitted by law, until such time as the fees and charges are paid in full.

(b) In the event that any person, except the United States or the state of Kansas, residing, occupying, using or operating on property to which utility service(s) furnished by the city is not paid, the unpaid fees or charges shall constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges shall be certified by the governing body to the county clerk of the county in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law.

(c) The lien, described in subsection (b) of this section, shall not attach to property for unpaid utility fees or charges when the utility service(s) have been contracted for by a tenant and not by the landlord or owner of the property to which the utility service is provided.

(d) If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.

(e) If utility service is furnished to leased premises on the application and request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service furnished. (Code 2012)

15–107. LANDLORD LIABILITY.

(a) Owners of premises served by utility service under this article shall be liable for payment of the costs of any utility service account delinquency arising from service provides to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.

(b) In the event that a delinquency arises involving leased premises, in addition to the tenant, the owner or owner’s agent shall be notified in writing of the delinquency of the lessee by first class regular mail within 10 days after the billing to the lessee becomes delinquent. Notice shall be sufficient if mailed to the last known address of the owner or owner’s agent known to city personnel responsible for said mailing, after reasonable inquiry. –

(c) if utility service is furnished to a leased premises on the application or request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service finished.

(d) The city may collect the amount of the unpaid bill for utility services by any lawful means. Provided, however, that in no event may the city place a lien, as provided in subsection (b) of 15-106, on real estate of the lessor. (Code 2012)

ΑRΤΙCLΕ 2. WΑΤΕR

15–201. SUPERINTENDENT OF WATER AND SEWAGE.

The general management, care, control and supervision of the city water system shall be in the superintendent of water and sewage, who shall be appointed by the mayor with the consent of the governing body. (Code 2012)

15-202. REGULATIONS.

The furnishing of water to customers by the city through its waterworks system shall be governed by the regulations set out in this article. (Code 2012)

15–203. SERVICE NOT GUARANTEED.

The city does not guarantee the delivery of water through any of its mains and connecting services at any time except only when its mains, pumping machinery, power service connection are in good working order, and the supply of water is sufficient for the usual demand of its COրՏԱրդՅրՏ. (Code 2012)

15-204. SERVICE CONNECTIONS REQUIRED.

(a) The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city abutting on any street, alley, or right-of-way in which there is now located or may in the future be located near public water mains, is hereby required at his or her own expense to make connection to such public water main subject to subsection (c).

(b) Before any connection is made to the city’s water system an application must be made in writing to the city clerk by the owner of the premises, or his or her authorized representative, for a permit to make such connection.

(c) Any resident may continue to use his or her private water system for such resident’s own use as long as such private system is safe, sanitary, and not a public nuisance, but no person, firm, or corporation shall, solely, or in connection with others, construct or maintain a water pipeline by or through which water is or may be transported to others. There shall be no physical connection between any private water system and the water system of the city. Representatives of the city shall have the right at all reasonable times to enter upon the consumer’s premises, to the extent allowed by law, for the purpose of inspection and enforcement of the provisions of this section. Violation of the provisions of this section shall constitute a cause for disconnection of a consumer’s service. (Code 2012)

15-205. APPLICATION FOR SERVICE.

(a) Any person, firm or corporation desiring a connection with the municipal water system shall apply in writing to the city clerk, on a form furnished by the city for that purpose, for a permit to make the Connection.

(b) The application shall:

(1) Contain an exact description including street address of the property to be served;

(2) State the size of tap required;

(3) State the size and kind of service pipe to be used;

(4) State the full name of the owner of the premises to be served;

(5) State the purpose for which the water is to be used;

(6) State any other pertinent information required by the city clerk;

(7) Be signed by the owner or occupant of the premises to be served, or his or her authorized agent.

(8) If applicant lives outside the city limits, the applicant must sign a consent for annexation.

(c) Each application for a connection permit shall be accompanied by payment of fees and/or costs specified in section 15–207. (Code 2012)

15-206. CITY TO MAKE CONNECTIONS.

All taps shall be given, street excavations made, corporation cocks inserted, pipes installed from main to curb, and the curb cock installed in a meter box to which the service pipe is to be connected by city employees only. (Code 2012)

15–207. CONNECTION FEES.

The fees for connection to the city waterworks system shall be as follows:

(a) For connecting water main within the city limits, $750.00 plus tax, (b) For connecting water main not within the corporate limits of the city, $1500.00 plus tax. (Code 2012)

15–208. CURB COCKS.

There shall be a curb cock in every service line attached to the city main, the same to be placed within the meter box. Curb cocks shall be supplied with strong and suitable “T” handles and shall be enclosed in a substantial tile case covered with a tight fitting iron lid. There shall be one or more stop and waste cocks attached to every supply pipe at some point between the curb cock and the meter so that the water can be shut off at the meter and house plumbing entirely drained. (Code 2012)

15–209. CHECK VALVES.

Check valves are required on all connections to steam boilers or on any other connection deemed necessary by the water superintendent. Safety and relief valves shall be placed on all boilers or other steam apparatus connected with the water system where the steam pressure may be raised in excess of 40 pounds per square inch. (Code 2012)

15–210. UNAUTHORIZED SERVICE.

It shall be unlawful for any person, firm, or corporation, other than duly authorized city officials or employees to turn water on or off at the water meter or curb cock shut off, with a key or in any other manner, without first obtaining written permission from the mayor or the governing body. (Code 2012)

15–211. METERS.

(a) All water furnished to customers shall be metered.

(b) Meters shall be located between the sidewalk or property line and curbing when the main is in the street, and on private property within three feet of the alley line when the main is in the alley. In the business district the meters may be installed in the basement at a location specified by the city.

(c) The city’s responsibility stops at the meter. (Code 2012)

15-212. SAME; TESTING.

Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within three

percent, the meter will be deemed correct and a charge of $15.00 will be made to the customer. (Code 2012)

15–213. TAMPERING WITH METER.

It shall be unlawful for any person to break the seal of any meter, to alter the register or mechanism of any meter, or to make any outlet or connection in any manner so that water supplied by the city may be used or wasted without being metered. It shall be uniawful for any person except an authorized employee of the water department to turn any curb cock on or off. (Code 2012)

15–214. LEAKS PROHIBITED; PENALTY.

No allowances shall be made for water used or lost through leaks, carelessness, neglect or otherwise after the same has pass through the meter. However, every customer shall have the right to appeal to the city from water bill or meter reading which he or she may consider excessive and the council may order an adjustment in accordance with the facts of each case. (Code 2012)

15-215. DISCONNECTION, RE-CONNECTION CHARGE.

Whenever the city receives a request from a customer for termination of water service the disconnection charge shall be added to the customer’s final bill. Any service disconnected for nonpayment of delinquent bill shall be reconnected only upon payment of the delinquent bill, interest penalty thereon, and the re-connection charge of $20.00. (Code 2012)

15–216. UTILITY DEPOSIT.

At the time of making application for water service, the property owner or customer shall make a cash deposit in the amount and manner specified in section 15-105 to secure payment of accrued bills or bills due on discontinuance of service. (Code 2012)

15–217. INTERRUPT SERVICE.

The city reserves the right to interrupt water service for the purpose of making repairs or extensions to water lines or equipment. (Code 2012)

15–218. PROHIBITED ACTS.

It shall be a violation of this article for any unauthorized person to:

(a) Perform any work upon the pipes or appurtenances of the city’s waterworks system beyond a private property line unless such person is employed by the city;

(b) Make any connections with any extension of the supply pipes of any consumer without written permission to do so having been first obtained from the governing body;

(c) Remove, handle or otherwise molest or disturb any meter, meter lid, cutoff, or any other appurtenances to the water system of the city. (Code 2012)

15–219. WASTING WATER.

Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus, including the service line leading from the property to the meter in good condition at their expense. (Code 2012)

15–220. RIGHT OF ACCESS.

Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading the meter or Servicing or inspecting meters or water lines. (Code 2012)

15–221. RATES.

The rates for the use of water in the city shall be as follows:

(a) Consumers shall pay the following water rates for water furnished them within the City limits of New Strawn:

(1) Thirty Dollars ($30.00) – for a water system maintenance fee;

(2) Eight and 75/100 Dollars ($8.75) per thousand gallons.

(3) The minimum monthly water charge shall be Thirty-eight and 75/100 Dollars ($38.75).

(b) Consumers shall pay the following water rates for water furnished outside the City limits of New Strawn:

(1) Thirty Dollars ($30.00) for a water system maintenance fee;

(2) Thirteen and 10/100 Dollars ($13.10) per thousand gallons.

(3) The minimum monthly water charge shall be Forty-three and 10/100 Dollars ($43.10).

All retail water consumers shall pay a state water protection fee at the rate of 3 cents per 1,000 gallons. (Ord. 2009-6)

15-222. PAYMENT OF BILLS.

All water bills for the previous month’s water service shall be paid on or before the 10th day of the month following the service, unless the 10″ is not a day the city clerk’s office is not open for business, then the bill shall be due on the next business day. For any billing not paid when due a late charge of 10 percent will be added to the bill. No partial payment or payment by installments shall be accepted without special order of the governing body. (Code 2012)

15-223. DELINQUENT ACCOUNTS; NOTICE; HEARING; FINDING, LIABILITY.

Water service shall be terminated for nonpayment of service fees or charges as provided in sections 15-102:104. (Code 2012)

15–224. USE DURING FIRE.

No person owning or occupying premises connected to the municipal water system shall use or allow to be used during a fire any water from the water system except for the purpose of extinguishing the fire. Upon the sounding of a fire alarm if shall be the duty of every such person to see that all water Services are tightly closed and that no water is used except in extraordinary cases of emergency during the fire. (Code 2012)

15-225. CROSS-CONNECTIONS PROHIBITED.

No person shall establish or permit to be established or maintain or permit to be maintained, any cross connection whereby a private, auxiliary, or emergency water supply other than the regular public water supply of the city may enter the supply and distributing system of the city unless specifically approved by the Kansas Department of Health and Environment and the governing body. (Code 2012)

15–226. SAME, PROTECTIVE BACK FLOW DEVICES REQUIRED.

Approved devices to protect against back flow or back siphonage shall be installed at all fixtures and equipment where back flow and/or back siphonage may occur and where there is a hazard to the potable water supply in that polluted water or other Contaminating materials may enter into the public water supply. Any situation in which a heavy withdrawal of water, such as a sudden break in the main or water being used from a fire hydrant, may cause a negative pressure to develop which could lead to back siphonage of polluted water into the system shall be improper and must be protected by approved back flow preventive valves and systems as determined by the superintendent. (Code 2012)

15–227. SAME, INSPECTION.

The city utility superintendent or other designee of the governing body shall have the right of entry into any building or premises in the city as frequently as necessary in his or her judgment in order to ensure that plumbing has been installed in accordance with the laws of the city so as to prevent the possibility of pollution of the water supply of the city. (Code 2012)

15–228. SAME, PROTECTION FROM CONTAMINANTS.

Pursuant to the city’s constitutional home rule authority and K.S.A. 65-163a, the city by its utility superintendent may refuse to deliver water through pipes and mains to any premises where a condition exists which might lead to the contamination of the public water supply system and it may continue to refuse the delivery of water to the premises until that condition is remedied. In addition, the city utility Superintendent may terminate water service to any property where the cross connections or back siphonage condition creates, in the judgment of the superintendent, an emergency danger of contamination to the public water supply. (Code 2012)

15-229. PENALTIES.

Any person, firm, or corporation who knowingly permits a violation to remain uncorrected after the expiration of time set by the water commissioner shall, upon conviction thereof by the court, be required to pay a fine of not more than $100.00 for each violation. Each day of failure to comply with the requirements of this article, after the specified time set shall constitute a separate violation. (Code 2012)

ARTICLE 4. SEWERS

15–401. DEFINITIONS. Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a) Building Drain – shall mean that part of the lowest horizontal piping of a drainage system which receives the discharge from soil, waste, and other drainage pipes inside the walls of the building and conveys it to the building sewer, beginning five feet outside the innerface of the building wall.

(b) Building Sewer – shall mean the extension from the building drain to the public sewer or other place of disposal.

(c) B.O.D. (denoting Biochemical Oxygen Demand) – shall mean the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees centigrade, expressed in parts per million by weight.

(d) PH – shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

(e) Individual Domestic – means any single family residence, Commercial business, office, institution, school, church or public entity having an individual direct or indirect connection to the wastewater facilities of the city and on individual city or private water service meter, or connection to any such water service.

(f) Industrial – means any industrial business engaged in the manufacturing or processing of one or more products, and in which wastewaters are produced from such manufacturing or processing and said wastewaters are discharged directly or indirectly to the wastewater facilities of the city.

(g) Multi-domestic – means any multi-family residence, apartment or mobile home and any commercial business, office, institution, school, church or public entity having a direct or indirect connection to the wastewater facilities of the city and not having an individual water service meter but is served with city or private metered water by the owner of the property on which it is located.

(h) Superintendent – shall mean the superintendent of the city or his or her authorized deputy, agent or representative. .

(i) Sewage – shall mean a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such ground, surface, and storm waters as may be present.

(j) Sewer – shall mean a pipe or conduit for carrying sewage.

(k) Public Sewer – shall mean a sewer in which all owners of abutting properties have equal rights, and is controlled by public authority.

(l) Combined Sewers – shall mean sewers receiving both surface runoff and sewage, are not permitted.

(m) Sanitary Sewer – shall mean a sewer which carries sewage and to which storm, surface, and groundwaters are not intentionally admitted.

(n) Storm Sewer or Storm Drain – shall mean a sewer which Carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.

(o) Sewage Treatment Plant – shall mean any arrangement of devices and structures used for treating sewage.

(p) Suspended Solids – shall mean solids that either float on the surface of, Or are in suspension in water, sewage, or other liquids, and which are removable by laboratory filtering.

(q) User – means any person as defined in section 1-102, including an institution, governmental agency or political subdivision producing wastewater requiring processing and treatment to remove pollutants and having premises connected to the wastewater facilities.

(r) Wastewater – means sewage, the combination of liquids and water Carried wastes from residences, commercial and industrial buildings, institutions, governmental agencies, together with any ground, surface or storm water that may be present.

(s) Normal wastewater. – The strength of normal wastewater shall be considered within the following ranges:

(1) A five day biochemical oxygen demand of 300 milligrams per liter or less;

(2) A suspended solid concentration of 350 milligrams or less; (3) Hydrogen ion concentration of 5.0 to 9.0. (Code 2012)

15-402. SEWER CONNECTION REQUIRED.

The owner of all houses, buildings, or properties used for human occupancy, employment, recreation, or other purpose, situated within the city and abutting on any street, alley, or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the City, is hereby required at his or her expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper public sewer in accordance with the provisions of this article, within 30 days after date of official notice to do so, provided that said public sewer is within 100 feet of the property line. (Code 2012)

15-403. PERMIT; CONNECTION FEE.

(a) No person shall uncover, make any Connections with or opening into, use, alter, or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city.

(b) There shall be charged a fee of $25.00 payable at the time of making application for the permit. (Code 2012)

15–404. APPLICATION.

Any person desiring to make a connection to the city sewer system shall apply in writing to the city clerk who shall forward the application to the utility superintendent. The application shall contain:

(a) The legal description of the property to be connected;

(b) The name and address of the owner or owners of the property;

(c) The kind of property to be connected (residential, commercial or industrial); –

(d) The point of proposed connection to the city sewer line. (Code 2012)

15–405. COSTS.

All costs and expense incident to the installation and connection of the building sewer shall be paid by the owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation of the building sewer. (Code 2012)

15–406. SEWER CONNECTION.

The connection of the building sewer into the public sewer shall be made at the “Y” branch if such branch is available at a suitable location. Where no properly located “Y” branch is available, the connection shall be made in the manner approved by the utility superintendent and at a location designated by the superintendent. (Code 2012)

15–407. SEWER FOR EACH BUILDING.

A separate and independent building sewer shall be provided for every building except where one building stands at the rear of another on an interior lot and no private sewer is available or can be feasiblely constructed to the rear building. In such case, the building sewer from the front building may be extended to the rear building and the whole considered as one building sewer. (Code 2012)

15–408(1) SAME; SPECIFICATIONS.

The building sewer shall be constructed of cast iron pipe, ASTM specifications A74-42, or approved equal; vitrified clay sewer pipe, ASTM specifications C13–44T, or approved equal; or an approved plastic pipe. Any plastic pipe to be installed on any building sewer shall not be approved by the city until the owner has furnished descriptive literature and typical sample section of the plastic pipe proposed for installation, to the city for inspection and review. All joints on all pipe installed shall be tight and waterproof. Any part of the building sewer that is located within 10 feet of a water service pipe or city water main shall be constructed of approved cast iron soil pipe with approved joints. No building sewer shall be installed within three feet of existing gas lines. if installed in filled or unstable ground, the building sewer shall be constructed of cast iron soil pipe, except that non-metallic material may be accepted if laid on a suitable concrete bed or cradle as approved by the city. (Code 2012)

15–408(2) SAME.

The size and slope of the building sewer to be installed shall be subject to the approval of the city inspector, but in no event shall the diameter of the pipe be less than four inches. The slope at which a six inch pipe is to be laid shall be not less than 1/8 inch per foot and for four inch pipe, not less than 1/4 inch per foot. Any grades for the pipe, which are proposed for installation at grades less than these specified, shall be approved by the city inspector prior to placement. (Code 2012)

15-408(3) SAME.

Whenever possible the building sewer shall be brought to the building at an elevation below the basement floor. No building sewer shall be laid parallel to or within three feet of any bearing wall, which might thereby be weakened. The depth shall be sufficient to afford protection from frost. The building sewer shall be laid at a uniform grade and in straight alignment insofar as possible. Changes in direction shall be made only with approved curved pipe and fittings, including clean out fittings. (Code 2012)

15–408(4) SAME.

At buildings in which the building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer. The use of any pumping equipment for which cross-connections with a public water supply system are needed, is prohibited. The total costs of pumping equipment and pumping equipment operational costs shall be those of the owner. (Code 2012)

15–408(5) SAME.

No building sewer shall be laid across a cesspool, septic tank or vault until the cesspool, septic tank or vault has been well cleaned and filled with an approved earth or sand fill, then thoroughly tamped and water settled. Cast iron pipe may be used across cesspools or septic tanks, if proper bedding and support for the sewer pipe is acquired. (Code 2012)

15–408(6) SAME.

All excavation required for the installation of the building sewer shall be open trench work unless otherwise approved by the city. Pipe laying and backfill shall be performed in accordance with ASTM specifications C12–19, except that no backfill shall be placed until the work has been inspected and approved. (Code 2012)

15–408(7) SAME.

All joints in the building sewers shall be made watertight. If recommended by the city inspector, a water pressure test shall be made on the completed sewer to insure a compliance with this requirement, requiring that the building sewer withstand an internal water pressure of 5 psi., without leakage.

Cast iron pipe with lead joints shall be firmly packed with oakum or hemp and filled with molten lead, Federal Specifications QQ-L-156, not less than one inch deep. Lead shall be run in one pour and caulked and packed tight. No paint, varnish or other coatings shall be permitted on the jointing material until after the joint has been tested and approved. –

All joints in vitrified clay pipe shall be the polyurethane-compression type joints, approved by the city inspector.

Joints for all plastic pipe used in building sewers shall be the slip type joints or solvent weld type, approved by the city.

Joints between any two different type of pipes shall be made with lead, asphaltic jointing materials or concrete, as approved by the city. All joints shall be watertight and constructed to insure minimum root penetration and to the satisfaction of the city. (Code 2012)

15-409. SEWER EXCAVATIONS: DAMAGES.

All excavations for buildings sewers shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, curb and gutters, sidewalks, parkways and other public property removed or damaged during the installation of the building sewer, shall be repaired or replaced in a manner acceptable to the city and at the total expense of the owner, it is further agreed that any parties involved in any excavating or installation work for sewer installations as above set out, will hold the city harmless from any and all damages to persons or property resulting from or growing out of any opening or excavation or any negligent act or from any operation made within the city. (Code 2012)

15-410. FAILURE TO CONNECT.

(a) If any person as defined in section 1-102 shall fail to connect any dwelling or building with the sewer system after being noticed, the city may cause such buildings to be connected with the sewer system as authorized by K.S.A. 12-631.

(b) The cost and expense, including inspection fees, shall be assessed against the property. Until such assessments shall have been collected and paid to the city, the cost of making such connection may be paid from the general fund or through the issuance of no fund warrants. (Code 2012)

15-411. PRIVY UNLAWFUL.

It shall be unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage except as provided in this article. (Code 2012)

15-412. PRIVATE SEWER SYSTEM.

Where a public sanitary sewer is not available under the provisions of section 15–402 the building sewer shall be connected to a private sewage disposal system complying with the provisions of sections 15-411 to 15-416. (Code 2012)

15-413. SAME, PERMIT.

Before commencing construction of a private sewage disposal system, the owner shall first obtain a written permit signed by the utility superintendent. The application shall be accompanied by any plans, specifications or other information deemed necessary by the utility superintendent. A permit and inspection fee of $250 shall be paid to the city at the time the application is filed. (Code 2012)

15-414. SAME, INSPECTION.

The utility superintendent or his or her authorized representative shall be allowed to inspect the work at any stage of construction and the applicant shall notify the superintendent when the work is ready for final inspection or before any underground portions are covered. The inspection shall be made within 48 hours of the receipt of notice by the superintendent. (Code 2012)

15-415. SAME, DISCHARGE.

(a) The type, capacities, location, and layout of the private sewage disposal system shall comply with all recommendations and requirements of the Water Pollution Control Section of the Kansas State Department of Health. No permit shall be issued for any private sewage disposal system employing subsurface soil absorption facilities where the area of the lot is less than one acre. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet.

(b) At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in section 15-402, a direct connection shall be made to the public sewer in compliance with this article, and any septic tank, cesspool, and similar private sewage disposal facilities shall be abandoned and filled with suitable and acceptable materials. (Code 2012)

15-416. SAME, ADDITIONAL REQUIREMENTS.

No statement contained in this article shall be construed to interfere with any additional requirements that may be imposed by the city or county health officer. (Code 2012)

15-417. DISPOSAL OF SEWAGE.

It shall be unlawful for any person to deposit or discharge from any source whatsoever any sewage or human excrement upon any public or private grounds within the city, or to permit the contents of any privy, vault or septic tank to be deposited or discharged upon the surface of any grounds. Any unauthorized or unapproved privy vault, septic tank or other means or places for the disposal of sewage, excrement and polluted water may be abated as a public nuisance upon the order of the city or county board of health in accordance with the laws of Kansas. (K.S.A. 12–1617e; 12-1617g; Code 2012)

15-418. DAMAGE TO SEWERS.

It shall be unlawful for any unauthorized person to maliciously, willfully, or negligently break, damage, destroy, uncover, deface or tamper with any sewer, structure, appurtenance, or equipment which is part of the municipal sewer system. (Code 2012)

15-419. NATURAL OUTLET.

It shall be unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any sanitary sewage, industrial wastes or other polluted waters except where suitable treatment has been provided in accordance with the provisions of this article. (Code 2012)

15-420. STANDARDS.

The size, slope, alignment, materials, excavation, placing of pipe, jointing, testing and backfilling shall all conform to the requirements of the building and plumbing codes or other applicable rules and regulations of the city. (Code 2012)

15-421. OLD BUILDING SEWERS.

Old building sewers may be used in connection with new buildings only when they are found, on examination and test by the utility superintendent, to meet all requirements of this article. (Code 2012)

15-422. MUD, GREASE TRAPS; MANHOLES.

(a) All garages, filling stations, milk plants or other commercial or industrial plants connected to the public sewer shall Construct and maintain proper and sufficient interceptors or traps to prevent the discharge of any sand, mud, sediment, litter, waste or any substance harmful to the effective operation and maintenance of the city sewer system, into the building S€Wef.

(b) When required by the city council, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling and measurement of the wastes. Such manhole, when required, shall be accessibly and safely located, and shall be constructed in accordance with plans approved by the building inspector. The manhole shall be installed by the owner at his expense, and shall be maintained by the owner so as to be safe and accessible at all times. (Code 2012)

15–423. ROOF, FOUNDATION DRAINS.

(a) It shall be unlawful to connect downspouts from any roof area, drains from any building foundation, paved areas, yards or open Courts, Sump pumps, or to discharge liquid wastes from any air conditioning unit into any city sanitary sewer.

(b) All discharges prohibited in subsection (a) may be discharged into the public gutter or storm drains or open drainage ditches provided such discharge does not create a nuisance. No such liquids may be discharged into any unpaved street or alley. (Code 2012)

15-424. PROHIBITED DISCHARGES.

No person shall discharge any of the following waters or wastes to any public sewer:

(a) Liquid or vapor having a temperature higher than 150 degrees Fahrenheit;

(b) Water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

(c) Gasoline, benzene, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;

(d) Garbage that has not been properly shredded; (

  1. e) Ashes, cinders, Sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

(f) Waters or wastes having a ph lower than 5.5 or higher than 9.0 or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewage works;

(g) Waters or wastes containing a toxic poisonous substance in sufficient quantity to injury or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant,

(h) Water or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such materials at the sewage treatment plant;

(i) Noxious or malodorous gas or substance capable of creating a public nuisance. (Code 2012)

15-425. BlLLS.

(a) Bills shall be rendered monthly as provided in section 15-222 and shall be collected as a combined utility bill.

(b) Any person at the time of beginning or terminating service who receives service for a period of less than 17 consecutive days shall be billed at no less than one-half of the regular minimum monthly rate. For service of 17 consecutive days or more the charge shall be not less than full regular minimum monthly rate. (Code 2012)

15-426. DELINQUENT ACCOUNTS; LIEN AGAINST PROPERTY, OTHER REMEDIES.

(a) In the event any person, except the United States and the state of Kansas, shall fail to pay the user charges when due, water service shall be terminated as provided in sections 15:102:104.

(b) All other remedies regarding delinquent accounts, and exceptions thereto, contained in section 15-106 shall apply to sewer service fees, charges and Services. (Code 2012)

15-427. SEWER SERVICE CHARGE.

There is hereby established sewer service charges for the use of and the service supplied by the sewer system of the city which shall be at the following rates: (a) For residential sites, a charge of $12.00 per calendar month or any portion thereof for which such use and service was utilized plus ten percent (10%) of the water bill over 2,000 gallons. (b) School sites; same as subsection (a). (c) Industrial and commercial sites: same as subsection (a). (Code 2012)

15–428. PENALTIES.

Any person who shall continue any violation beyond the time limit provided for in this Chapter, shall be guilty of an ordinance violation, and upon conviction thereof shall be fined in an amount not exceeding $100.00. Each day in which any such violation shall continue shall be deemed a separate offense. (Code 2012)

ARTICLE 5. SOLID WASTE

15–501. DEFINITIONS.

Unless the context clearly indicates otherwise, the meaning of words and terms as used in this article shall be as follows:

(a) Commercial Waste. – All refuse emanating from establishments engaged in business including, but not limited to stores, markets, office buildings, restaurants, shopping centers, theaters, hospitals, governments and nursing homes.

(b) Dwelling Unit. – Any enclosure, building or portion thereof occupied by one or more persons for and as living quarters;

(c) Garbage. – Waste resulting from the handling, processing, storage, packaging, preparation, sale, cooking and serving of meat, produce and other foods and shall include unclean containers;

(d) Multi-Family Unit. – Any structure containing more than four individual dwelling units;

(e) Refuse. – All garbage and/or rubbish or trash; (f) Residential. – Any structure containing four or less individual dwelling units, rooming houses having no more than four persons in addition to the family of the owner or operator, and mobile homes;

(g) Rubbish or Trash. – All nonputrescible materials such as paper, tin cans, bottles, glass, Crockery, rags, ashes, lawn and tree trimmings, stumps, boxes, wood, street sweepings and mineral refuse. Rubbish or trash shall not include earth and waste from building operations or wastes from industrial processes or manufacturing operations;

(h) Single Dwelling Unit. – An enclosure, building or portion thereof occupied by one family as living quarters.

(i) Solid Waste. – All non-liquid garbage, rubbish or trash. (Code 2012)

15–502. COLLECTION.

All solid waste accumulated within the city shall be collected, conveyed and disposed of by the city or by the employees of the city or by contractors specifically authorized to collect and dispose of solid waste or by persons authorized to dispose of their own trash; provided that tree stumps, tree trimmings and limbs over six (6) feet in length and of weight in excess of 50 pounds, or more than three (3) inches in diameter, whether such tree trimming was performed by professional tree trimmers or by any person, shall not be collected by the city, its employees, or its contractors. (Ord. 2004-1)

15-503. CONTRACTS.

The city shall have the right to enter into a contract with any responsible person providing that said contractor shall collect and dispose of all residential refuse within the city, the terms of said contract to be arranged and determined by the governing body and said person after proper negotiation or after receiving bids, whichever, in the judgment of the governing body, shall seem proper, provided that the contract for the collection and disposal of refuse as herein defined shall in no way conflict with the terms and conditions of this article or state law. Contracts entered into by the city for the collection and disposal of trash, garbage, or refuse prior to the effective date of this article or now in force are hereby confirmed, ratified, and validated. (Ord. 2004–1)

15–504. DUTY OF OWNER, OCCUPANT.

The owner or occupant of every dwelling unit or commercial enterprise shall provide at his or her own expense a suitable container for the storage of solid waste as provided in this article. No owner or occupant shall permit to accumulate quantities of refuse or other waste materials within or close to any structure within the city unless the same is stored in approved containers and in such a manner as not to create a health or fire hazard. (Code 2012)

15–505. CONTAINERS.

Residential shall be of galvanized metal or other non-rusting material of substantial construction, provided, however, that the governing body may prescribe the type and size of containers in which refuse may be stored by owners and occupants of premises. Each container shall have a tight fitting lid and shall be leak-proof and fly-tight. All containers shall have handles of suitable construction to permit lifting. Plastic bags manufactured for garbage and refuse disposal may be substituted for residential containers. Plastic bags, when used, shall be securely closed. All garbage shall be drained of all liquids before being placed in bags or containers. (Ord. 80-1; Code 2012)

15–506. BULK CONTAINERS.

On premises where excessive amounts of refuse accumulates or where cans or bags are impractical bulk containers for the storage of refuse may be used. Containers shall have a capacity and shall be equipped with appurtenances for attaching mechanical lifting devices which are compatible with the collection equipment being used. Containers shall be constructed of durable rust and corrosion resistant material which is easy to clean. All containers shall be equipped with tight fitting lids or doors to prevent entrance of insects or rodents. Doors and lids shall be constructed and maintained so they can be easily opened. Containers shall be watertight, leakproof and weather proof construction. (Code 2012)

15-507. ENTER PRIVATE PREMISES.

Solid waste collectors, employed by the city or operating under contract with the city, are hereby authorized to enter in and upon private property for the purpose of collecting solid waste therefrom as required by this article. (Code 2012)

15-508. OWNERSHIP OF SOLID WASTE.

Ownership of solid waste when placed in containers by the occupants or owners of premises upon which refuse accumulates, shall be vested in the city and thereafter shall be subject to the exclusive control of the city, its employees or contractors. No person shall meddle with refuse containers or in any way pilfer or scatter contents thereof in any alley or street within the city. (Code 2012)

15–509. WRAPPING GARBAGE.

All garbage shall be drained of all excess liquid, and wrapped in paper or other disposable container before being placed in solid waste containers. (Code 2012)

15-510. HEAVY, BULKY WASTE.

Heavy accumulations such as brush, tree limbs, broken concrete, sand or gravel, automobile frames, dead trees, and other bulky, heavy materials shall be disposed of at the expense of the owner or person controlling same. (Code 2012)

15-511. HAZARDOUS MATERIALS.

No person shall deposit in a solid waste Container or otherwise offer for collection any hazardous garbage, refuse, or waste. Hazardous material shall include:

(a) Explosive materials;

(b) Rags or other waste soaked in volatile and flammable materials;

(c) Chemicals;

(d) Poisons;

(e) Radio-active materials;

(f) Highly combustible materials;

(g) Soiled dressings, clothing, bedding and/or other wastes, contaminated by infection or contagious disease;

(h) Any other materials which may present a special hazard to collection or disposal personnel, equipment, or to the public. (Code 2012)

15-512.PROHIBITED PRACTICES.

It shall be unlawful for any person to: (a) Deposit solid waste in any container other than that owned or leased by him or under his control without written consent of the owner and/or with the intent of avoiding payment of the refuse service charge;

(b) Interfere in any manner with employees of the city or its contractors in the collection of solid waste;

(c) Burn solid waste except in an approved incinerator and unless a variance has been granted and a written permit obtained from the city or the appropriate air pollution control agency;

(d) Bury refuse at any place within the city except that lawn and garden trimmings may be composted. (Code 2012)

15–513. OBJECTIONABLE WASTE.

Manure from cow lots, stables, poultry yards, pigeon lofts and other animal or fowl pens, and waste oils from garages or filling stations shall be removed and disposed of at the expense of the person controlling the same and in a manner consistent with this article. (Code 2012)

15-514. UNAUTHORIZED DISPOSAL.

No person shall haul or cause to be hauled any garbage, refuse or other waste material of any kind to any place, site or area within or without the limits of the city unless such site is a sanitary landfill, transfer point or disposal facility approved by the Kansas State Department of Health and Environment. (Code 2012)

15–515. CLOSED VEHICLE.

Any vehicle used by any person for the collection and transportation of solid waste shall be maintained in a good mechanical condition. Vehicle shall be equipped with an enclosed covered body to prevent the contents leaking or escaping therefrom. Only tree trimmings or brush may be transported in open-bodied vehicles provided the material is securely tied in place to prevent scattering along the streets and alleys. (Code 2012)

15-516. RULES AND REGULATIONS.

The collection and transportation of trash and waste materials shall be at all times under the general supervision of the mayor or his or her duly authorized agent, who shall have the authority by and with the consent of the governing body to make additional rules and regulations not inconsistent with the terms and provisions of this article requiring that the collection and transportation of trash and waste materials shall be conducted in such manner as not to endanger the public health, or to become an annoyance to the inhabitants of the city, and providing for a proper fee to be charged to the customer. (Code 2012)

15-517. CHARGES.

The city shall establish and collect a service charge to defray the cost and maintenance of the collection and disposition of solid waste within the city. (Code 2012)

15-518. SAME, FEE SCHEDULE.

The Governing Body has determined that the monthly rates or charges for collection and disposal residential solid waste by the city or by a contractor holding a valid contract with the city shall be as specified below, subject, however, to such changes and revisions thereof as may be deemed necessary from time to time by the city.

(a) Residential rate: Single and multi-family regular monthly solid waste service rate per dwelling unit per month, beginning April 1, 2011, shall be one dollar above the contracted rate, which is $13.16.

(b) When solid waste collection and disposal service is provided by a contractor for residential solid waste service, such revenue shall be paid out in the following manner by the city clerk per residence fee collected: $12.16, effective March 1, 2011. (Ord. 2011-1)

15-519.  BlLLING.

Solid waste charges shall be billed monthly and shall be included on water or utility bills. No payment shall be accepted on utility bills except for the full amount billed for all services. Delinquent solid waste bills shall carry the due dates, grace periods and penalties as water bills. (Code 2012)

15–520. SAME, DELINQUENT ACCOUNT.

In the event the owner or occupant of any property shall fail to pay the solid waste bills within 60 days following the date upon which it becomes due, the city clerk shall annually certify such unpaid bills to the County clerk as a lien upon the property. The lien shall be collected subject to the same regulations and penalties as other property taxes are collected. (K.S.A. 65-3410; Code 2012)

15–521. PENALTIES.

Any person who shall violate any of the provisions of this article shall upon conviction, be punished by a fine of not less than $10.00 nor more than $100.00, and each day of failure to comply with such provisions of this article shall constitute a separate offense. (Code 2012)

ARTICLE 6. WATER CONSERVATION

15–601. PURPOSE.

The purpose of this article is to provide for the declaration of a water supply emergency and the implementation of voluntary and mandatory water conservation measures throughout the city in the event such an emergency is declared. The mayor is authorized to implement the appropriate conservation measures. (New Strawn Conservation Plan)

15–602. STAGE ONE: WATER WATCH.

The goals of this stage are to heighten awareness of the public on water conditions and to maintain the integrity of the water supply system. This stage is triggered by any one of the following conditions:

(a) The city’s storage has fallen below 75 percent capacity and will not recover within a normal amount of time;

(b) Demand for one day is in excess of 60,000 gallons per day; based on a 3 day average; or

(c) Provider of purchased water has issued a Stage 1 Water Watch. (New Strawn Conservation Plan)

15–603. SAME, ACTIONS.

The public will be asked to curtail some outdoor water use and to make efficient use of indoor water, including full wash loads, taking shorter showers and not letting faucets run. (New Strawn Conservation Plan)

15-604. STAGE TWO; WATER WARNING.

The goals of this stage are to reduce peak demands by 20 percent and to reduce overall weekly consumption by 10 percent. This stage is triggered by any one of the following conditions:

(a) The city’s storage has fallen below 65 percent capacity, and will not recover within a normal amount of time;

(b) Demand for one day is in excess of 70,000 gallons per day; based on a three-day average; or

(c) Provider of purchased water has issued a Stage 2 Water Warning. (New Strawn Conservation Plan)

15–605. SAME, ACTIONS.

These actions apply to city residents (including private domestic well users, if authority has been delegated by the Chief Engineer pursuant to K.S.A. 82a-733(i)).

(a) An odd/even lawn watering system will be imposed on city residents. Residents with odd-numbered addresses will water on odd numbered days; even addresses will water on even numbered days.

(b) Outdoor water use, including lawn watering and car washing will be restricted to before 10:00 am and after 9:00 pm.

(c) Golf courses will restrict watering to fees and greens after sunset. (d) Refilling of swimming pools will be allowed one day a week after sunset. (e) Outdoor watering will be restricted to use of a hand-held hose or bucket only.

(f) Waste of water will be prohibited. (New Strawn Conservation Plan)

15–606. STAGE 3: WATER EMERGENCY.

The goals of this stage are to reduce peak demands by 50 percent and to reduce overall weekly consumption by 25 percent. This stage is triggered by any one of the following conditions:

(a) The city’s storage has fallen below 50 percent capacity;

(b) Demand for one day is in excess of 80,000 gallons per day; based on a three-day average;

(c) Provider of purchased water has issued a Stage 3 Water Emergency; or

(d) Emergency conditions related to repairs or water quality. (New Strawn Conservation Plan)

15-607. SAME, ACTIONS.

These actions apply to city residents (including private domestic well users, if authority is delegated by the Chief Engineer pursuant to K.S.A. 82a-733(i)).

(a) Outdoor water use will be banned.

(b) Waste of water will be prohibited. (New Strawn Conservation Plan)

ΤΑΒLΕ ΟF CΟΝΤΕΝΤS

CHAPTER I. ADMINISTRATION

CHAPTER II. ANIMAL CONTROL AND REGULATION

CΗΑΡΤΕR III. BEVERAGES

CΗΑΡΤΕR IV. BUILDINGS AND CONSTRUCTION

CΗΑΡΤΕR V. BUSINESS REGULATIONS

CHAPTER VI. ELECTIONS

CΗΑΡΤΕR VII. FIRE

CΗΑΡΤΕR VIII. HEALTH AND WELFARE

CΗΑΡΤΕR IX. MUNICIPAL COURT

CΗΑΡΤΕR X. POLICE (RESERVED)

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CΗΑΡΤΕR XI. PUBLIC OFFENSES

CΗΑΡΤΕR XII. PUBLIC PROPERTY

CΗΑΡΤΕR XIII. STREETS AND SIDEWALKS

CΗΑΡΤΕR XIV. TRAFFIC

CΗΑΡΤΕR XV. UTILITIES

CΗΑΡΤΕR XVI. ZONING AND PLANNING

APPENDIX A. CHARTER ORDINANCES

APPENDIX B. FRANCHISES