Quick Links

Skip to main content Skip to navigation

Sign up for the News Update.

Headlines

breadcrumbs: Permits and Regulations: breadcrumbs: City Code

Working...

Ajax Loading Image

 

City Code CHAPTER IV. BUILDINGS AND CONSTRUCTION

CHAPTER IV. BUILDINGS AND CONSTRUCTION

CHAPTER IV. BUILDINGS AND CONSTRUCTION

June 12, 2010

 

Article 1. Fire Limits

Article 2. Building Code

Article 3. Electrical Code

Article 4. Plumbing and Gas-Fitting Code

Article 5. Moving Buildings

Article 6. Dangerous and Unfit Structures

Article 7. Numbering Buildings

Article 8. Oil and Gas Wells

 

 

 

ARTICLE 1. FIRE LIMITS

 

4-101. FIRE LIMITS ESTABLISHED. The following shall be and are hereby declared to be the fire limits of the city:

All of Blocks 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 17, 18, 19, 20, 23, 24, 25, 26, 32, 33, 38, 39, 46, 47, 51, 52, 61 and 62, all in the Original Townsite of the City of Eureka, Kansas; all of Blocks 1, 2, 3, 4, 5, 6 and 7 in Tucker's

Addition to the City of Eureka, Kansas; all of Blocks 1, 2, 3, and 4 of S.M. Bigg's Addition to the City of Eureka, Kansas; all of Blocks 1, 2 and 3 of J. D. Bigg's Addition to the City of Eureka, Kansas; all of Blocks 7, 8, 21 and

22 of Bitler's Addition to the city of Eureka, Kansas; all of Blocks 7, 8, and 21 of Bitler's Second Addition to the

City of Eureka, Kansas; all that portion of the City of Eureka, Kansas, lying east of Jefferson Street from the

center of River Street to 300 feet north of the center of River Street; all that portion of the City of Eureka, Kansas, lying between the east edge of Block 1 of J. D. Bigg's Addition to the City of Eureka, Kansas, and the west line of east Brook Addition to the City of Eureka, Kansas from the center of River Street to 300 feet south of the center of River Street; all of the north 210 feet of Block 1, east Brook Addition to the City of Eureka, Kansas; all of Blocks 3 and 6 of east Brook Addition to the City of Eureka, Kansas; all that portion of the City of Eureka, Kansas, lying between the east line of east Brook Addition to the City of Eureka, Kansas, to the east city corporate line between the center of River Street and 280 feet south of the center of River Street. (Ord.

2359, Sec. 1)

 

ARTICLE 2. BUILDING CODE

 

4-201. DEFINITIONS. As used in this article, the words and phrases herein defined shall have the following meanings unless the context otherwise requires:

(a) Whenever the word municipality is used in the building code, it shall be held to mean the City of Eureka, Kansas;

(b) Whenever the term corporation counsel is used in the building code, it shall be held to mean the city

attorney of the City of Eureka;

(c) Whenever the term building official is used in the building code, it shall be held to mean the mayor or his or

her authorized designee. (Code 1993)

 

4-202. INTERNATIONAL BUILDING CODE INCORPORATED. There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, the International Building Code, 2003 Edition, as recommended by the International Conference of Building Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the International Building Code, 2003 Edition, shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Eureka," and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provision of such code shall be punished as provided in section 1-116 of this code.

(Code 2007)

 

4-203. ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-202. (Code 1993)

 

4-204. BUILDING OFFICIAL; POWERS; DUTIES. (a) This and other articles of the city relating generally to building and structures shall be administered and enforced by the mayor. The mayor shall act as chief building official and may assume the responsibilities of or with the consent and approval of the governing body appoint

 

a building inspector and such other assistants as may be advisable for the issuance of building permits and the inspection of building work.

(b) The building official shall prepare such application, permit, inspection and record forms as may be required

for the purposes of the article. The building official may make and promulgate the necessary rules and regulations to obtain conformity with this article pertaining to the making of applications for building permits, issuing of building permits and inspecting of buildings and building works.

(Ord. 3976, Sec. 1; Code 2007)

 

4-205. BUILDING INSPECTOR; APPOINTMENT. The mayor may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of building inspector as may be required, subject to the consent and approval of the governing body. (Code 1993)

 

4-206. SAME; DUTIES. The building inspector shall have the following duties:

(a) To enforce all rules and regulations relating to construction, alteration, repair, removal and demolition of

building and structures and the building code;

(b) May permit, with the approval of the governing body, on the basis of duly authenticated reports from

recognized sources, the use of new materials or modes of construction, not provided for in this article, and may, for the purpose of carrying out the intent of this article adopt an accepted standard of material or workmanlike practices of federal or state bureaus, national, technical organizations or fire underwriters;

(c) To examine all buildings in the process of erection, construction, alteration or relocation in the city for the

purpose of determining whether the work is in compliance with the permit given and in compliance with the regulations of the city pertaining to such work, including zoning regulations; and;

(d) To keep comprehensive records of applications, of permits or certificates issued, of inspections made, of reports rendered, and of notices or orders issued. All such records shall be open to public inspection during

stated office hours, but shall not be removed from the office of the building official without his or her written consent.

(Ord. 3976, Sec. 1; Code 2007)

 

4-207. SAME; POWERS. The building inspector shall have the following powers:

(a) To enter any building or structure or premises at any reasonable hour, whether complete or in the process of erection and / or demolition, to perform the duties contained in this chapter;

(b) To adopt and enforce all such prudent emergency measures as he or she may deem necessary and expedient for the public safety under the laws of the city;

(c) May cause any work done in violation of this chapter to be discontinued until he or she shall have

satisfactory evidence that the work will be done in accordance with the regulations of the city, subject to the right of any builder or owner to appeal to the governing body.

(Ord. 3976, Sec. 1; Code 2007)

 

4-208. SAME; RIGHT OF ENTRY. The building inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.

(Code 1993)

 

4-209. CLARIFICATION; MODIFICATION. (a) The governing body shall be the final determiner of the scope and meaning of all provisions of the building code which may be unclear, ambiguous, or requiring interpretation.

(b) The building inspector shall have power to modify any of the provisions of the building code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the building inspector shall

see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of

a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the building inspector and a signed copy shall be furnished to the applicant.

(Ord. 3976, Sec. 1; Code 2007)

 

4-210. BUILDING PERMIT REQUIRED; APPLICATION; APPROVAL. It shall be unlawful for any person to hereafter erect or cause to be erected within the city any building or structure of any kind or enlarge or add to the outside dimension thereof, or relocate any building or structure already erected or which may hereafter be erected or remodel any building or structure within the city without a building permit being first obtained therefor

 

from the city clerk, after approval by the chief building official or his or her duly authorized assistant. The application for such permit shall be made and the permit obtained before work is commenced upon any building or structure or the foundation thereof, or before the removal, alteration, enlargement or demolition of any building begins. (Ord. 3976, Sec. 1; Code 2007)

 

4-211. SAME; APPLICATION INFORMATION REQUIRED. (a) A building permit shall be issued upon an application in writing to the office of city clerk on a form or forms provided for the purpose. This application shall, among other things, disclose the following:

(1) The name of the owner of the lot or tract of ground; (2) The location of the building or structure;

(3) The work proposed;

(4) The outside dimensions of the building by floors and dimensions of the basement (if any);

(5) The class of occupancy; (6) The class of construction;

(7) The kind of materials to be used for walls, floors, ceilings, roofs, and foundations; (8) The estimated cost of the work;

(9) The date work will commence; (10) Expected date of completion;

(11) Name and address of contractor or contractors doing the work;

(12) Such other information as may be pertinent to the issuance of the required permit.

(b) An application for a building permit shall be signed by the owner or his or her duly authorized agent, or a building contractor licensed by the city. If the application is made by the owner or his or her agent, it shall contain the name or names of the licensed contractor or contractors doing the work described, or a building permit may be issued to the owner upon his or her application disclosing satisfactory evidence that the proposed work will be performed by the owner, himself or herself and not by a licensed contractor, and likewise subject to the final approval of the building inspector for work performed.

(c) Upon approval of the completed application and a determination that a permit should be issued, the chief building official or his or her assistant shall issue a permit to the owner or contractor authorizing the work covered by the application.

 

(d) Any permit issued under this section shall be valid and subsisting for a period of not more than six months from the date of issuance unless the permittee shall have commenced, within the period so limited, the work authorized by such permit; provided, however, in no event will a permit issued be valid and subsisting for a period of more than eighteen (18) months from the date of issuance. Work commenced for the purpose of this section shall mean the beginning of work other than the preparation of plans or the staking out of the building location or the letting of a building contract.

(Ord. 3976, Sec. 1; Code 2007)

 

4-212. SAME; PLANS AND SPECIFICATIONS. Whenever an application for a permit is made, the chief building official may, if he or she finds it necessary to determine whether work described in the application will comply with the laws pertaining to such work, require that the applicant file a written description or drawing of the proposed construction / demolition. If such drawing or description is insufficient for the purposes of determining whether a permit should be issued, the building official may require the applicant to file complete architectural and engineering plans and specifications for such building, or any part thereof, as may be necessary for the inspector to determine compliance with this article. The filing of such plans and specifications and the approval thereof in connection with an application for a permit shall not in any way affect the authority

of the city to deny or issue a permit, or to inspect any work for conformity with this article. (Ord. 3976, Sec. 1; Code 2007)

 

4-213. SAME; FEES. Building permits required by this article shall be issued by the building official only after payment of a permit fee to the city clerk in the following amounts:

(a) Thirty dollars for work costing over $100.00 and less than $1,000.00, and $3.00 for each additional

$1,000.00 or fraction thereof over $1,000.00, with a maximum fee of $2,000.00

(b) Trailer houses located on any lot other than a trailer court shall require a flat fee of $30.00.

(c) Demolition permits shall be $15.00vfor any demolition to a residential or business structure and $7.50 for

any accessory building or concrete demolition wherein the concrete is not part of the structure. No demolition fee will be charged in the event demolition is being done in connection with and simultaneous to construction for which a construction permit has been issued and a fee paid.

 

The fees prescribed in this section shall, upon obtaining a building permit, be paid to the city clerk. (Ord. 4053, Sec. 1; Ord. 3976, Sec. 1; Code 2007)

 

4-214. SAME; POSTING. A copy of the permit shall be kept on the premises for public inspection during the performance of the work and until the completion of the same. The building inspector may require a certified copy of the approved plans to be kept on the premises at all times from the commencement of the work to the completion thereof. (Ord. 3976, Sec. 1; Code 2006)

 

4-215. CERTIFICATE OF APPROVAL. Upon the completion of any work under a permit issued for the construction of a building or structure, the chief building official, the building inspector or his or her designee is authorized to issue a certificate of approval for the occupancy and use of the building or structure. The certificate shall show the number of inspections made and the orders and corrections required during the course of the work. A copy of such certificate shall be given the owner.

(Ord. 3976, Sec. 1; Code 2007)

 

 

4-216. INSPECTIONS OF BUILDING; LAYOUT OF BUILDING; FOUNDATIONS AND FOOTINGS; NOTICE TO INSPECTOR. (a) The contractor or builder having a permit for new construction, or additions to existing buildings, shall notify the chief building official or building inspector immediately upon the marking or laying out of the site and foundation for such work. The official or inspector shall inspect the layout for conformity with this article and with respect to lot lines, setbacks and location of the proposed buildings to determine conformity with the city zoning regulations. In case of doubt respecting the required location, the chief building official may require an official survey of the lot lines to determine conformity, at the expense of the permit holder.

(b) Upon completion of the excavation for the building foundation and footings and the construction of the

necessary forms thereof and before the foundation and footings are poured or laid, the official or inspector shall be notified as in the first case, and it shall be his or her duty to inspect all such work for conformity with laws respecting location of the building foundations and footings.

(c) The building inspector shall during the course of all building make such other inspections as may be

directed by the chief building official to be made during any successive stage of the construction or other work covered by a permit in order to secure compliance with laws pertaining thereto.

(Code 1993)

 

4-217. REQUEST FOR INSPECTION. Upon the completion of any building construction work covered by this article, it shall be the duty of the person doing such work to notify the building inspector and request that it be inspected; after which such work shall be inspected promptly as hereinafter provided. (Code 1993)

 

4-218. INSPECTION FEE. An initial inspection fee of $10.00, and an inspection fee of $10.00 for subsequent inspections required shall be paid before any building or construction work will be approved or a certificate of approval issued. (Code 1993)

 

4-219. BUILDER OR BUILDING CONTRACTOR DEFINED. (a) A builder or building contractor for purposes of this article shall be any person, firm, partnership, corporation, association, or any combination thereof, whether a resident or not of the city:

(1) Who or which undertakes with or for another, for a fixed sum, price, fee or any compensation other than

wages, to build, construct, alter, repair, add to, wreck or move any building or structure (or any portion thereof), or any sidewalk, driveway entrance or structure in any street, or any advertising sign, panel poster or billboard, or any other structure, in the city, for which a permit may be required by the laws of the city; or

(2) Who or which advertises or represents himself, herself, or itself to the public to have the capacity or ability

to undertake, or submit a bid or offer to build, construct, alter, repair, add to or wreck, remove, restore or replace any building, structure or construction work or any portion thereof; or

(3) Who or which builds, constructs, alters, adds to or wrecks any buildings or structures either on his or her own or other property for purposes of sale or speculation.

(b) A builder or building contractor as defined shall not mean or include:

 

(1) Any subcontractor working under the supervision of a general contractor; or

(2) Any plumbers, gas fitters, electricians, or other specialized occupation for which special licenses or bonds

are required by other city laws; or

(3) Any owner or his or her authorized agents or employees making ordinary repairs to his, her or its own

 

building or structure not involving the structural parts of the building for which a permit is not required or on which a contractor, as defined, is not required, employed or engaged to perform; or

(4) Any property owner personally performing any improvements, alterations or building construction within or

upon his or her own residence and intended for his or her own personal use and permanent occupancy; provided, the owner shall satisfy the building official as to his or her ability to perform such work secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal building construction by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city;

(5) Any person engaged in construction work not involving a total cost of greater than $5,000 exclusive of labor. (Ord. 3976, Sec. 1; Code 2007)

 

4-220. WORK BY PROPERTY OWNERS. Nothing herein contained shall prohibit any property owner from personally performing any work within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the building inspector as to his or her ability to perform such work, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal work performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a builder or building contractor licensed by the city.

(Ord. 3976, Sec. 1; Code 2007)

 

4-221. LIABILITY. This article shall not be construed to relieve from any liability or lessen the liability of any person performing any activity connected herewith, nor shall the city be held as assuming any liability by reason of any inspection authorized herein, by reason of any certificate of inspection issued by it or by reason of any permit or license granted herein. (Code 1993)

 

4-222. STREETS CLEANED. Every person obtaining a permit shall, within 10 days after completion of the work cause that portion of the street or alley occupied by him or her with building material to be thoroughly cleaned and cleared.

(Ord. 3976, Sec. 1; Code 2007)

 

 

4-223. AWNINGS OVER PUBLIC PROPERTY; CANOPIES. It shall be unlawful to keep, construct, continue or maintain any awning over, above or across any sidewalk, street, avenue, alley or other public ground in this city, except awnings over sidewalks covered wholly by canvass and which shall not extend over the sidewalk more than six feet and no part of which shall be less than seven feet above the level of the sidewalk and which awnings shall be supported by being securely fastened to the buildings and no posts shall be set in the sidewalks, parking or streets in this city to support such awnings.

Nothing in this section shall be construed to prohibit the construction of canopies as provided in section 4-224.

(Code 1965, 4-109)

 

4-224. CANOPIES; CONSTRUCTION SPECIFICATIONS; PERMITS. Canopies of permanent and substantial design and fireproof construction may be erected in front of and project from any building upon the terms and conditions hereinafter specified.

(a) Such canopies must be constructed of fireproof material and under the supervision of the fire chief or building inspector of the city;

(b) Such canopies may project from such building over the sidewalk not to exceed the width of the sidewalk measured from the lot line and shall have a clearance of not less than 10 feet above the sidewalk;

(c) No canopy shall be more than 10 feet longer than the width of the main entrance of the building in front of which it is constructed;

(d) All canopies must be suspended from the building and not supported by columns resting upon the sidewalk; (e) The canopy when erected must be so drained as not to discharge water upon the sidewalk, nor upon the

streets except by a closed drain;

(f) Before any such canopy shall be constructed there must be exhibited to the fire chief or building inspector a

draft of the plans and specifications for the same and a permit secured from the fire chief or building inspector for such construction.

(g) Before the fire chief or building inspector shall grant such permit, he or she shall carefully inspect the plans

 

of such proposed structure and determine that the same is safe and that the building from which it is to be suspended is sufficiently strong to carry the weight of such structure;

(h) The applicant for such permit shall pay to the city clerk $30.00 for such inspection and permit.

(Ord. 4042, Sec. 1; Ord. 2418, Sec. 4; Code 2007)

 

4-225. SIGNS OVER PUBLIC PROPERTY. It shall be unlawful to erect or maintain any sign, sign box, or other structure for advertising or other purposes, canopies and canvass awnings excepted, over, across, or upon any sidewalk or street unless the same is eight feet or more above such sidewalk or street and does not extend more than eight feet from the building line. All such signs, sign boxes and other structures shall be supported wholly from the structure adjoining the sidewalk on the inside of the building line, and all supports shall at all times be subject to the inspection of the fire chief or building inspector and be made to meet his or her requirements. (Code 1965, 4-111; Code 1993)

 

 

4-226. SIGNS OVER PUBLIC PROPERTY; HEAVY SIGNS. Any person seeking to construct signs or other structures set out in section 4 111, weighing more than 50 pounds over any sidewalk or street or upon any building in this city, shall first secure permission from the city council to do and shall obtain public liability insurance in an amount not less than $5,000 and such insurance shall hold the city free and harmless from any damage done to person or property, should such sign or structure fall, be blown down, or otherwise be dislocated, and upon termination or revocation of such insurance, such sign or structure shall be removed. (Code 1965, 4-112)

 

4-227. REMOVAL OF DEBRIS. All debris and waste product from the construction, alteration, or demolition shall be removed from the premises and disposed of in landfills authorized to receive the same. Any hole, cavity, or depression created by such activity or exposed as a result thereof, including exposed basements and wells, must be filled in, to a ground level, with clean fill dirt immediately upon completion of the work. (Ord.

3976, Sec. 1; Code 2006)

 

4-228. SEVERABILITY. If any section of the Uniform Building Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining sections, the section to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1993, 4-227)

 

ARTICLE 3. ELECTRICAL CODE

 

4-301. DEFINITIONS. For the purpose of this article, the words and phrases used herein shall have the meanings ascribed to them in this section, unless the context clearly indicates to the contrary.

(a) Approved - shall mean approved by the chief building official, the electrical inspector or his or her designee.

(b) Authorized person - shall mean any individual, firm or corporation who or which is licensed under the provisions of this article to do the work as permitted under the specified provisions of this article.

(c) City - shall mean the territory within the corporate limits of this city.

(d) Conductor - shall mean a wire or cable or other form of metal suitable for carrying the electric current or

potential.

(e) Electrical construction or installation - shall mean and include all work and materials used in installing,

maintaining or extending a system of electrical wiring and all appurtenances, apparatus or equipment used in connection therewith, inside or attached to any building, structure, lot or premises, except industrial plants where full time maintenance is provided and other agencies providing inspections of installations and facilities. Electrical construction shall not be held to mean or include any of the following:

(1) The replacement of lamps, fuses, bulbs or the connection of portable electrical equipment to suitable permanently installed receptacles and replacement of receptacles and switches, lighting fixtures and apparatus where no changes or alterations are made to the wiring;

(2) Any work involved in the manufacturing, repair or testing of any electrical equipment or apparatus, but not

including any permanent wiring; or

(3) Any work in industrial establishments where inspections come under the scope of other inspection

agencies.

(f) Equipment - shall mean conductors, materials, fittings, devices, appliances, fixtures, apparatus, motors and

the like, used as a part of or in connection with an electrical installation.

(g) Inspector - shall mean the chief building official or any individual who has been appointed by the city as

 

electrical inspector.

(h) Person - shall mean a natural person, his or her heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors, assigns, or the agent of any of the aforesaid. (i) Special permission - shall mean the written consent of the chief building official or the electrical inspector.

(j) Special ruling - shall mean a written ruling filed in the office of the chief building official or the electrical

inspector. (Code 1993)

 

 

4-302. ADOPTION OF ELECTRICAL CODE BY REFERENCE. The standard code known as the National Electrical Code of 2002, a publication of the National Fire Protection Association, the same being a standard code for the installation of electrical wiring and apparatus and available in book and pamphlet form is hereby incorporated by reference herein and made a part of this article as authorized and in the manner prescribed by K.S.A. 12-3009:3012. Three copies shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Eureka," and shall be filed with the city clerk to be open to inspection and available to the public at all reasonable hours of business.

Any person violating any provision of such code shall be punished as provided in section 1-116 of this code. (Code 2007)

 

4-303. ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-302. (Code 1993)

 

4-304. BUILDING OFFICIAL; AUTHORITY. The mayor or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an electrical inspector in accordance with section 4-204 of this chapter, which shall apply in a like manner to this article. (Code 1993)

 

4-305. WORK BY PROPERTY OWNERS. Nothing herein contained shall prohibit any property owner from personally performing any electrical construction or installing electrical wiring or equipment within and upon his or her own residence and intended for his or her personal use and permanent occupancy; provided, the owner shall satisfy the electrical inspector as to his or her ability to perform such work or install such electrical wiring, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive a certificate of approval. Personal electrical construction or installation performed by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except an electrician or electrical contractor licensed by the city. (Code 1993)

 

4-306. APPROVED MATERIALS. No electric materials for wiring of appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with the approved standards of construction for safety to life and property. Conformity of materials for wiring appliances and equipment to the standards of the Underwriters Laboratories, Inc. shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article. (Code 1993)

 

4-307. LIABILITY. This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any work or equipment authorized herein or by reason of any permit or license granted herein. (Code 1993)

 

 

4-308. SEVERABILITY. If any section of the National Electrical Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the National Electrical Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1993)

 

ARTICLE 4. PLUMBING AND GAS-FITTING CODE

 

4-401. DEFINITION OF PLUMBING. The term plumbing as used in this article shall be construed to mean the installation of gas or water pipes, fixtures, apparatus and the necessary connections either for supplying gas or water to premises or for the removing of liquid and water-borne wastes from premises in the city, or both such purposes, and shall also denote installed fixtures, drainage and vent systems and gas or water distribution systems as the case may be. (Code 1993)

 

4-402. UNIFORM PLUMBING CODE INCORPORATED. There is hereby adopted and incorporated by reference, for the purpose of establishing rules and regulations for the practice of plumbing and gas-fitting, including the installation, maintenance, extension and alteration of all pipes, fixtures, appliances and appurtenances in connection with sanitary sewers and public and private water and fuel gas systems, the Uniform Plumbing Code, 2003 Edition, as recommended by the International Association of Plumbing and Mechanical Officials, such code being made as a part of the ordinances and code of the city as if the same had been set out in full herein, all as authorized and in the manner prescribed by K.S.A. 12-3009 through 12-3012 including any amendments thereto. No fewer than three copies of the uniform code shall be marked or stamped "Official Copy as Incorporated by the Code of the City of Eureka," and shall be filed with the city clerk to be

open to inspection and available to the public at all reasonable hours of business.

Any person violating any provisions of such code shall be punished as provided in section 1-116 of this code. (Code 2007)

 

4-403. ADDITIONAL PROVISIONS. The following sections of this article are in addition to the provisions of the standard code incorporated by reference in section 4-402. (Code 1993)

 

4-404. BUILDING OFFICIAL; AUTHORITY. The mayor or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of a plumbing inspector in accordance with section 4-204 of this chapter, which apply in a like manner to this article. (Code 1993)

 

4-405. PLUMBING INSPECTOR; APPOINTMENT. The mayor may assume the responsibilities of or appoint some qualified officer or employee of the city to be and perform the duties of plumbing inspector as may be required, subject to the consent and approval of the governing body. (Code 1993)

 

4-406. SAME; RIGHT OF ENTRY. The plumbing inspector, or his or her agent, upon proper identification, shall have authority to enter any building, structure or premises at any reasonable hour to perform his or her duties as set out in this chapter.

(Code 1993)

 

4-407. CLARIFICATION; MODIFICATION. (a) The governing body shall be the final determiner of the scope and meaning of all provisions of the plumbing code which may be unclear, ambiguous, or requiring interpretation.

(b) The plumbing inspector shall have power to modify any of the provisions of the plumbing code upon application in writing by the owner or lessee or his or her authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the code. In approving modifications, the plumbing inspector shall see that the spirit of the code is observed, public safety secured and substantial justice done. The particulars of a modification when granted or allowed and the decision of the inspector thereon shall be entered upon the records of the plumbing inspector and a signed copy shall be furnished to the applicant.

(Code 1993)

 

4-408. GAS PIPING STANDARD. This article shall constitute the minimum standard for the installation or alteration of gas piping. It shall be unlawful to install or alter any gas piping not in accordance with the provisions of this article or without a permit or inspection required by this article. (Code 1965, 4-401)

 

4-409. GAS PIPING MUST COMPLY. Where the requirements of this article have not been complied with, the inspector shall at once notify the owner or agent of the building in which work has been done, and it shall be the duty of the party installing such work, to cause all work to comply with the requirements of this article. (Code 1965, 4-403)

 

4-410. NOTICE TO INSPECTOR OF INSPECTION. It shall be the duty of any party installing or altering gas piping in any building in the city to notify the director of public works when the work is ready for inspection, and the whole system of gas piping shall be properly arranged for the inspector to test. (Code 1965, 4-404)

 

4-411. CHANGES TO COMPLY WITH ARTICLE. If, upon inspection and test, the installation of any gas piping or any part thereof shall be found not to comply with the requirements of this article the same shall be changed, rearranged, repaired or removed within five days, and gas shall not be permitted to flow through any piping until the same has been inspected and approved by the inspector of plumbing.

(Code 1965, 4-405)

 

4-412. PERMIT. No piping or fitting shall be covered or concealed from view until inspected and approved by the inspector of plumbing or his or her assistant. Any person desiring to perform any work relating to piping or fitting a building for gas or repair gas piping or to place fixtures therein shall file an application therefor at the office of the inspector of plumbing, giving the correct location, name and address of the owner of such building, and a full and complete statement of the work proposed. (Code 1965, 4-406)

 

 

4-413. BRACKETS. All gas brackets shall be placed at least 2 ½ feet distance from ceiling not fireproof, or other combustible material, unless same is properly protected by a metal shield, in which case the distance shall not be less than 18 inches from the ceiling or combustible material. In all construction, reconstruction or repair of piping for natural or artificial gas, in buildings in the city, nipples and reducing couplings must be used and in no case will bushings be allowed.

(Code 1965, 4 407)

 

4-414. TESTS. All installations, extensions, or alterations to gas piping must be inspected and tested by the inspector of plumbing with an air pump, with a gauge and connection to be attached to the house line, and the inspector shall connect the pump with the house lines to be inspected, fill the line with 10 pounds pressure and permit it to stand in the line for a period of 15 minutes, and if the pressure remains the same at the end of that period of time, the inspector shall place a tag of specified form on the line at the meter connection, signifying that the line is ready for the placing of the meter; but should the pressure drop below the 10 pound pressure at the end of a 15 minute period, then the line must be repaired and inspected as above.

The gas company may at its option make an inspection of its own before setting its meters, and if leaks be

found, may refuse to set the meters until such leaks shall have been stopped and new inspections made. (Code 1965, 4 408)

 

4-415. INSPECTION; FEE. A fee of $30.00 will be charged and is to be paid by the owner of any building before any inspection is made by the inspector of plumbing.

(Ord. 4047, Sec. 1; Code 2007)

 

4-416. EXCAVATIONS. When it appears that the laying or repairing of any water or sewer pipes or the making of any connection therewith shall require excavation in any street, alley or public way of the city or the cutting or removal of any pavement, curb or gutter or any sidewalk, during the course of such work, the application for a permit shall so state and describe the location and extent of the excavation, cutting or removal. Before the city clerk shall issue any permit for such work, the applicant shall pay any fee required by this code. All excavations shall be barricaded and guarded as provided by the appropriate sections of this code. Before any such excavation shall be backfilled, new plumbing work therein shall be inspected and the bottom of the excavation holding any sewer, drain or water pipe shall be so filled, leveled and tamped as to properly support the pipe

and permit proper drainage when carrying sewage, and the excavation shall be backfilled and all paving, curbing, guttering or sidewalks shall be restored as near as possible to their last condition, subject always to the approval of the plumbing inspector or the superintendent of streets. (Code 1993)

 

4-417. WORK BY PROPERTY OWNERS. Nothing herein contained shall prohibit any property owner from personally installing plumbing piping or equipment within and permanent occupancy; provided, the owner shall satisfy the plumbing inspector as to his or her ability to install such piping or equipment, secure a permit, pay required fees, do work in accordance with this article, and apply for an inspection and receive approval. Personal installation by an owner under this section shall be by himself, herself, for himself or herself on his or her own residence, without compensation and no person shall be employed to assist him or her in any way on such work except a plumber or plumbing contractor licensed by the city. (Code 1993)

 

 

4-418. APPROVED MATERIALS. No plumbing materials, appliances or equipment shall be installed in the city unless they are in conformity with the provisions of this article and with the approved standards of construction

 

for safety to life and property. Conformity of materials for plumbing materials, appliances and equipment to the standards of the Underwriters Laboratories, Inc. shall be prima facie evidence that the materials, devices, appliances and equipment comply with the requirements of this article. (Code 1993)

 

4-419. LIABILITY. This article shall not be construed to relieve from or lessen the responsibility or liability of any party owning, operating, controlling or performing any plumbing construction for damages to persons or

property caused by any defect therein, nor shall the city be held as assuming any such liability, by reason of the inspection or reinspection authorized herein, or the certificate of approval of any work or equipment authorized

herein or by reason of any permit or license granted herein. (Code 1993)

 

4-420. SEVERABILITY. If any section of the Uniform Plumbing Code or of this article shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, then such section shall be considered separate and apart from the remaining provisions of the Uniform Plumbing Code or of this article, the section is to be completely severable from the remaining provisions which shall continue in full force and effect. (Code 1993)

 

ARTICLE 5. MOVING BUILDINGS

 

4-501. BUILDING OFFICIAL; AUTHORITY. The mayor or his or her authorized designee shall be responsible for the administration and enforcement of this article and appointment of an inspector in accordance with sections 4 204:209 of this chapter, which apply in a like manner to this article. (Code 1993)

 

4-502. PERMIT REQUIRED. No person, firm or corporation shall move, haul, or transport any house, building, derrick, or other structure of the height when loaded for movement of 16 feet or more from the surface of the highway, road, street or alley, or a width of 15 feet or more or which cannot be moved at a speed of four miles per hour or faster, upon, across or over any street, alley or sidewalk in this city without first obtaining a permit therefor.

(K.S.A. 17-1914; Code 1965, 4-601; Code 1993)

 

4-503. SAME: APPLICATION FOR PERMIT. All applications for permits required under the provisions of this article shall be made in writing to the city clerk specifying the day and hour said moving is to commence and

the route through the city's streets over which the house, building, derrick or other structure shall be moved and stating whether it will be necessary to cut and move, raise, or in any way interfere with any wires, cables or

other aerial equipment of any public or municipally-owned utility, and if so, the application shall also state the name of the public or municipally-owned utility, and the time and location that the applicant's moving operations

shall necessitate the cutting, moving, raising or otherwise interfering with such aerial facilities. (K.S.A. 17-1915; Code 1965, 4 602; Code 1993)

 

4-504. SAME; BOND, INSURANCE REQUIRED. (a) It shall be the duty of any person at the time of making application for a permit as provided in this article to give a good and sufficient surety bond to the city, to be approved by the governing body, indemnifying the city against any loss or damage resulting from the failure of any such person to comply with the provisions of this article or for any damage or injury caused in moving any such house or structure. The bond herein shall be in the sum of $1,000, or cash may be deposited in lieu of such surety bond.

(b) A public liability insurance policy issued by an insurance company authorized to do business in the State of

Kansas, in the amount of $100,000 per person, $300,000 per accident as to personal injury, and $50,000 property damage may be permitted in lieu of a bond.

(Code 1965, 4-603; Code 1993)

 

4-505. SAME; FEE. Before any permit to move any house or structure is given under the provisions of this article, the applicant shall pay a fee of not less than $30.00 to the city clerk; plus the additional cost for the time for any city crews involved in such moving. (Ord. 4043, Sec. 1; Code 2007)

 

4-506. CONTRACTOR; LICENSE REQUIRED; FEE. The provisions of section 4-219 of this chapter shall apply in a like manner to this article. (Code 1993)

 

 

4-507. ROUTE; DUTIES OF BUILDING OFFICIAL. The city clerk shall, upon filing of the above application,

 

refer the same to the chief building official or his or her authorized designee to check the proposed route and determine if it is practical to move such house or other structure over the route proposed. If it shall appear that such route is not practical and another route may be used equally well with less danger to street and travel,

then he or she may designate such other route as the one to be used and shall notify the applicant of the same. The building official may also require the planking of any street, bridge or culvert or any part thereof to prevent damage thereto. It shall also be the duty of the chief building official or his or her authorized designee to inspect the progress of moving any house or other structure to see that the same is being moved in accordance with

the provisions of this article. (Code 1993)

 

4-508. NOTICE TO OWNERS. (a) Upon issuance of a moving permit the applicant shall give not less than 15 days written notice to any person owning or operating any wires, cables or other aerial equipment along the proposed route of the intent to move the structure, giving the time and location that the applicants moving operation shall necessitate the cutting, moving, raising or interfering of any wires, cables or other aerial equipment.

(b) The notice provision of subsection (a) shall not apply where the person owning or operating any wires, cables or other aerial equipment has waived their right to advance notice.

(c) Should the moving operation be delayed, the applicant shall give the owner or his or her agent not less than

24 hours advance notice of the actual operation.

(K.S.A. 17-1916; Code 1993)

 

4-509. DUTY OF OWNERS. (a) It shall be the duty of the person or the city owning or operating such poles or wires after service of notice as provided herein, to furnish competent lineman or workmen to remove such poles, or raise or cut such wires as will be necessary to facilitate the moving of such house or structure. The necessary expense which is incurred thereby shall be paid by the holder of the moving permit. (b) The owner of any wires, cables or other aerial equipment, after service of notice as provided in section 4-508, shall be liable to the permit holder for damages in an amount not to exceed $100.00 per day for each day the owner shall fail or refuse to accommodate the permit holder's moving operations.

(K.S.A. 17-1917; Code 1965, 4-606; Code 1993)

 

4-510. INTERFERING WITH POLES; WIRES. It shall be unlawful for any person engaged in moving any house or other structure to raise, cut or in any way interfere with any wires or poles bearing wires or any other aerial equipment.

(K.S.A. 17-1918; Code 1965, 4-607; Code 1993)

 

4-511. DISPLAY OF LANTERNS. It shall be the duty of any person moving any of the structures mentioned in this article upon or across any street, alley or sidewalk or other public place, in this city, to display red lanterns thereon in such a manner as to show the extreme height and width thereof from sunset to sunrise. (Code 1993)

 

ARTICLE 6. DANGEROUS AND UNFIT STRUCTURES

 

4-601. PURPOSE. The governing body has found that there exist within the corporate limits of the city structures which are unfit for human use or habitation because of dilapidation, defects increasing the hazards of fire or accidents, structural defects or other conditions which render such structures unsafe, unsanitary or otherwise inimical to the general welfare of the city, or conditions which provide a general blight upon the neighborhood or surrounding properties. It is hereby deemed necessary by the governing body to require or cause the repair, closing or demolition or removal of such structures as provided in this article.

(K.S.A. 12-1751; Ord. 3551, Sec. 1; Code 1993)

 

4-602. DEFINITIONS. For the purpose of this article, the following words and terms shall have the following meanings:

(a) Enforcing officer - means the building inspector or his or her authorized representative.

(b) Structure - shall include any building, wall, superstructure or other structure which requires location on the ground, or is attached to something having a location on the ground.

(K.S.A. 12-1750; Ord. 3551, Sec. 2; Code 1993)

 

4-603. ENFORCING OFFICER; DUTIES. The enforcing officer is hereby authorized to exercise such powers as may be necessary to carry out the purposes of this article, including the following:

(a) Inspect any structure which appears to be unsafe, dangerous or unfit for human habitation;

 

(b) Have authority to enter upon premises at reasonable hours for the purpose of making such inspections. Entry shall be made so as to cause the least possible inconvenience to any person in possession of the structure. If entry is denied, the enforcing officer may seek an order for this purpose from a court of competent jurisdiction;

(c) Report all structures which he or she believes to be dangerous, unsafe or unfit for human habitation to the

governing body;

(d) Receive petitions as provided in this article.

(Ord. 3551, Sec. 3; Code 1993)

 

4-604. PROCEDURE; PETITION. Whenever a petition is filed with the enforcing officer by at least five

residents charging that any structure is dangerous, unsafe or unfit for human habitation, or whenever it appears to the enforcing officer on his or her own motion that any structure is dangerous, unsafe or unfit for human habitation, he or she shall, if his or her preliminary investigation discloses a basis for such charges, report such findings to the governing body.

(Ord. 3551, Sec. 4; Code 1993)

 

 

4-605. SAME; NOTICE. The governing body upon receiving a report as provided in section 4-604 shall by resolution fix a time and place at which the owner, the owner's agent, any lien holder of records and any occupant of the structure may appear and show cause why the structure should not be condemned and ordered repaired or demolished. (K.S.A. 12-1752; Ord. 3551, Sec. 5; Code 1993)

 

4-606. SAME; PUBLICATION. (a) The resolution shall be published once each week for two consecutive weeks on the same day of each week. At least 30 days shall elapse between the last publication and the date set for the hearing.

(b) A copy of the resolution shall be mailed by certified mail within three days after its first publication to each

owner, agent, lienholder and occupant at the last known place of residence and shall be marked "deliver to addressee only."

(K.S.A. 12-1752; Ord. 3551, Sec. 6; Code 1993)

 

4-607. SAME; HEARING, ORDER. If, after notice and hearing, the governing body determines that the structure under consideration is dangerous, unsafe or unfit for human use or habitation, it shall state in writing its findings of fact in support of such determination and shall cause the resolution to be published once in the official city newspaper and a copy mailed to the owners, agents, lien holders of record and occupants in the same manner provided for the notice of hearing. The resolution shall fix a reasonable time within which the

repair or removal of such structure shall be commenced and a statement that if the owner of such structure fails

to commence the repair or removal of such structure within the time stated or fails to diligently prosecute the same until the work is completed, the governing body will cause the structure to be razed and removed. (Ord.

3551, Sec. 7; Code 2007)

 

4-608. DUTY OF OWNER. Whenever any structure within the city shall be found to be dangerous, unsafe or unfit for human use or habitation, it shall be the duty and obligation of the owner of the property to render the same secure and safe or to remove the same. (Ord. 3551, Sec. 8; Code 1993)

 

4-609. SAME; FAILURE TO COMPLY. (a) If, within the time specified in the order, the owner fails to comply with the order to repair, alter, improve or vacate the structure, the enforcing officer may cause the structure to be repaired, altered, improved, or to be vacated and closed.

(b) If, within the time specified in the order, the owner fails to comply with the order to remove or demolish the

structure, the enforcing officer may cause the structure to be removed and demolished. (Ord. 3551, Sec. 9; Code 1993)

 

4-610. SAME; MAKE SITE SAFE. Upon removal of any structure, the owner shall fill any basement or other excavation located upon the premises and take any other action necessary to leave the premises in a safe condition. If the owner fails to take such action, the enforcing officer may proceed to make the site safe. (Ord. 3551, Sec. 10; Code 1993)

 

4-611. ASSESSMENT OF COSTS. (a) The cost to the city of any repairs, alterations, improvements, vacating, removal or demolition by the enforcing officer, including making the site safe, shall be reported to the city clerk.

 

 

(b) The city shall give notice to the owner of the structure by restricted mail of the cost of removing the structure and making the premises safe and secure. The notice shall also state that payment of the cost is due and payable within 30 days following receipt of the notice.

(c) If the costs remain unpaid after 30 days following receipt of notice, the city clerk may sell any salvage from

the structure and apply the proceeds or any necessary portion thereof to pay the cost of removing the structure and making the site safe. Any proceeds in excess of that required to recover the costs shall be paid to the owner of the premises upon which the structure was located.

(d) If the proceeds of the sale of salvage or from the proceeds of any insurance policy in which the city has

created a lien pursuant to K.S.A. 40-3901, et seq., and amendments thereto, are insufficient to recover the above stated costs, or if there is no salvage, the balance shall be collected in the manner provided by K.S.A.

12-1,115, and amendments thereto, or shall be assessed as special assessments against the lot or parcel of land on which the structure was located and the city clerk, at the time of certifying other city taxes, shall certify

the unpaid portion of the costs to the county clerk and who shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other

city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable

interest has been paid in full.

(e) If there is no salvage material, or if the moneys received from the sale of salvage or from the proceeds of

any insurance policy in which the city has created a lien pursuant to K.S.A. 40-3901, et seq., and amendments thereto, are insufficient to pay the costs of the work and the costs of providing notice, such costs or any portion thereof in excess of that received from the sale of salvage or any insurance proceeds may be financed, until

the costs are paid, out of the general fund or by the issuance of no-fund warrants.

(K.S.A. 12-1755; Code 2007)

 

4-612. IMMEDIATE HAZARD. When in the opinion of the governing body any structure is in such condition as to constitute an immediate hazard requiring immediate action to protect the public, the governing body may direct the enforcing officer to erect barricades or cause the property to be vacated, taken down, repaired,

shored or otherwise made safe without delay. Such action may be taken without prior notice to or hearing of the owners, agents, lienholders and occupants. The cost of any action under this section shall be assessed against the property as provided in section 4-611. (K.S.A. 12-1756; Ord. 3551, Sec. 12; Code 1993)

 

4-613. APPEALS FROM ORDER. Any person affected by an order issued by the governing body under this article may, within 30 days following service of the order, petition the district court of the county in which the structure is located for an injunction restraining the enforcing officer from carrying out the provisions of the order pending final disposition of the case. (Ord. 3551, Sec. 13; Code 1993)

 

 

4-614. SCOPE OF ARTICLE. Nothing in this article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its charter or its ordinances or regulations, nor to prevent or punish violations thereof; and the powers conferred by this article shall be in addition to and supplemental to the powers conferred by the constitution, any other law or ordinance. Nothing in this article shall be construed to impair or limit in any way the power of the city to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise or to exercise those powers granted specifically by K.S.A. 12-1750:1756. (Ord. 3551, Sec. 14; Code 1993)

 

ARTICLE 7. HOUSE NUMBERING

 

4-701. ALL HOUSES NUMBERED. All houses and buildings fronting on any street and avenue shall be numbered in accordance with the provisions of this article.

(Code 1965, 4-501)

 

4-702. ODD AND EVEN NUMBERS. Odd numbers shall be given to houses on the west and south sides of streets and avenues, and even numbers to houses on the east and north sides of streets and avenues. (Code

1965, 4-502)

 

4-703. NUMBERING; COMMENCEMENT. On streets and avenues running north and south numbering shall commence with 100 at the northeast and southeast corner of each and every street at its intersection with First

 

Street, and shall increase north and south at the rate of 100 numbers for each block or space between two streets or avenues.

Streets and avenues running east and west in the city shall commence with the number 100 at the northeast

and northwest corner of each and every street at its intersection with Main Street, and increase east and west from Main Street at the rate of 100 numbers for each block or space between two streets or avenues. (Code

1965, 4-503)

 

4-704. NUMBERING; N, S, E, OR W DESIGNATED. All streets running north of First Street shall be designated by the prefix N. and all streets running south of First Street shall be designated by the prefix S. and that all streets running east of Main Street shall be designated by the prefix E. and that all streets running west of Main Street shall be designated by the prefix W. (Code 1965, 4-504)

 

4-705. NUMBERED EVERY TWENTY-FIVE FEET. All blocks shall be laid out in spaces of 25 feet along the front or building line of each street and each space shall be numbered as provided in this article. (Code 1965,

4-505)

 

4-706. OWNER; DUTY TO AFFIX NUMBER. The owner or occupant of each and every house or building fronting on any street shall place on the house or building in a conspicuous place, a proper number in letters and figures of at least two inches in height, showing the location as herein provided. (Code 1965, 4-506)

 

4-707. CITY MAY NUMBER. If the owner or occupant of any house or building fronting on any of the streets of the city after the expiration of 30 days from the passage of this article shall have failed to comply with the provisions of this article in causing the houses or buildings to be properly numbered, the city may cause the same to be properly numbered, and charge and collect the cost of the same as other city taxes are collected. (Code 1965, 5-507)

 

ARTICLE 8. OIL AND GAS WELLS

 

4-801. WELL DEFINED. A well or wells for the purpose of this article shall mean any well drilled, or to be drilled, or used, for the production of petroleum, natural gas or the disposal of waste liquids produced therefrom. (Ord. 3030, Sec. 1)

 

4-802. OIL OR GAS WELL; DRILLING PERMIT; REQUIRED. It shall be unlawful for any person to drill or commence to drill a well for oil or gas within the city or to work upon or to assist in any way in the prosecution of any such well, without a permit for such well, and for the prosecution of the development having first been issued by the governing body in accordance with the terms of this article. (Ord. 3030, Sec. 2)

 

4-803. OIL OR GAS WELL; DRILLING PERMIT; LIMITED. Within the city and at any place where otherwise lawful there shall be only one permit issued for one well in each block, except that were more than one producing oil or gas and shall be found in such block a permit may be granted for one well to each of such sands in each block and that with such exception it shall be unlawful to drill more than one oil or gas well in a block, and for the purpose of this article that part of the space of ground known as Survey "O" of the Northeast Quarter of the Southwest Quarter of Section 34, Township 25 South, Range 10 East of the Sixth Principal Meridian being in the corporate limits in the Northwest part of the city shall be divided into blocks as follows: Block 1: Commencing at a point where the middle line of 12th Street extended to the west joins with the west side of Walnut Street, thence west to the middle line of Sycamore Street extended to the north, thence north to the south side of 13th Street, thence east to the west side of Walnut Street, thence south to point of beginning. Block 2: Commencing at the southwest corner of the Block 1, thence west to the middle line of Pine Street extended to the north, thence north to the south side of 13th Street, thence east to the northwest corner of Block 1, thence south to the place of beginning.

Block 3: Commencing at the southwest corner of Block 2, thence west to the east side of Poplar Street, thence north to the south side of 13th Street, thence east to the northwest corner of Block 2, thence south to the place of beginning.

Block 4: Commencing at the southwest corner of Block 3, thence south to a point where the middle line of 11th

Street extended to the west joins with the east side of Poplar Street, thence east to the middle line of Pine Street extended to the north, thence north to the southeast corner of Block 3, thence west to the place of beginning.

Block 5: Commencing at the northeast corner of Block 4, thence south to the southeast corner of Block 4,

 

thence east to the middle line of Sycamore Street extended to the north, thence north to the southeast corner of Block 2, thence west to place of beginning.

Block 6: Commencing at the northeast corner of Block 5, thence south to the southeast corner of Block 5,

thence east to the west side of Walnut street, thence north to the southeast corner of Block 1, thence west to place of beginning.

 

Block 7: Commencing at the southeast corner of Block 6, thence west to the southwest corner of Block 6, thence south to the north side of 10th Street, thence east to the east side of Walnut Street, thence north to the place of beginning.

Block 8: Commencing at the northwest corner of Block 7, thence west to the southwest corner of Block 5, thence south to the north side of 10th Street, thence east to the southwest corner of Block 7, thence north to the place of beginning.

Block 9: Commencing at the northwest corner of Block 8, thence west to the southwest corner of Block 4,

thence south to the north side of 10th Street, thence east to the southwest corner of Block 8, thence north to the place of beginning.

For the purpose of this article Block Two of Collins' Addition to the city shall be divided into blocks as follows: Block 1: Shall consist of Lots One to 10, inclusive, and Lots 27 to 30, inclusive, of Block Two of Collins'

Addition.

Block 2: Shall consist of Lots 11 to 26, inclusive, of Block Two of Collins' Addition.

For the purpose of this article the space of ground lying west of Poplar Street and south of 3rd Street within the corporate limits of the city shall be divided into blocks as follows:

Block 1: Commencing at the southwest corner of the intersection of Poplar Street and 3rd Street, thence west

400 feet, thence south 300 feet, thence east 400 feet, thence north 300 feet to the place of beginning.

Block 2: Commencing 300 feet south and 400 feet west of the southwest corner of the intersection of Poplar Street and 3rd Street, thence west to the right-of-way of the Missouri Pacific Railroad Company, thence northeasterly along the east side of the right-of-way to the south side of 3rd Street, thence east to a point 400 feet west of the southwest corner of the intersection of Poplar Street and 3rd Street, thence south to the place of beginning.

Whenever there appears areas of land within the corporate limits of the city not platted into blocks and not

otherwise provided for herein, the city council shall, from time to time as drilling requirements develop, in connection with a map or plat of any such areas where the drilling of wells may be lawful, determine and establish blocks for the drilling of wells. Where practicable, in so doing, the board shall establish blocks reasonably consistent in size with blocks in the immediate vicinity of such area.

(Ord. 3030, Sec. 3)

 

4-804. SAME; FILING APPLICATION WITH CITY CLERK; DEPOSIT. The applicant for a permit as provided for herein shall file with the city clerk an application in writing conforming to the further provisions of this article, and shall at such time deposit with the city clerk a fee of $500.00, which shall, upon the granting of the permit, be paid into the city treasury to the credit of the general operating fund; provided, that in the event such permit is not granted, $100.00 of such fee shall be retained by the city as an application fee and credited to the above fund and the balance shall be refunded to the applicant. (Ord. 3030, Sec. 4)

 

 

4-805. SAME; ACTION ON APPLICATION BY CITY COUNCIL; HEARINGS. The application for a permit to drill a gas or oil well shall be submitted to the city council by the city clerk at any regular or special meeting thereof within not to exceed 30 days after filing. Prior to such submission the city clerk shall publish notice in the official city paper of the time and place of the hearing of the application. Any such hearing may be

adjourned by such board from time to time until completed without any new or additional published notice. (Ord.

3030, Sec. 5)

 

4-806. SAME; ISSUANCE; CONDITIONS GENERALLY. The city council shall, upon determination that the application for a gas or oil well drilling permit conforms to the conditions of this article, authorize the issuance of a permit granting authority to drill the proposed well. Such permit shall be conditioned to conform to the approval of the city council; provided, that upon the completion of the well the permittee shall file a completion report with the city clerk showing the drilled depth of the well, the depth of the surface casing and the producing horizon being developed.

(Ord. 3030, Sec. 6)

 

4-807. OIL OR GAS WELL; DRILLING PERMIT; GROUNDS FOR REFUSAL OF PERMIT. The city council shall have the power and reserves the authority to refuse any application for a permit whereby reason of the proposed application for the proposed well, and character and value of the permanent improvements already erected on the block applied for or adjacent thereto, and the uses to which the land and surroundings are adopted for civic purposes or for sanitary reasons, the drilling of any oil or gas well will be a serious disadvantage to the city and its inhabitants as a whole. (Ord. 3030, Sec. 7)

 

4-808. SAME; INFORMATION AND EVIDENCE TO BE SUBMITTED AS CONDITION FOR GRANTING PERMIT. The applicant for any permit to drill a gas or oil well in the city shall submit the following information and evidence as a condition for the granting of a permit hereunder:

(a) Satisfactory evidence that all owners of record of mineral interests or oil and gas leasehold interests in the block or area included within the application, where it is proposed to drill a well, have had an opportunity to join in the execution of the oil and gas lease of the applicant covering the land included in such area, and that such owners of mineral interests or oil and gas leasehold interests have been notified in writing that the applicants proposed to seek a permit for the drilling of a well on the block described in such notice. In the event that such owners cannot with reasonable diligence be located, then affidavits setting forth the facts thereof may be substituted for the required proof of written notice.

(b) That the applicant has a valid oil and gas lease executed by persons owning at least 51 percent of the

mineral interest included in the block or area attributed thereto, exclusive of streets and alleys, subject, however, to the provisions for the zoning ordinances relating to drilling of wells.

 

(c) Statements that the lease provide or is accompanied by an agreement in writing providing substantially as follows: That a royalty of at least 1/8th of the gross production of the well shall be distributed to the respective owners of the mineral rights within the block pro rata; and that any owner, lessee, assigns or successors whose land shall not be under lease to the permittee, and shall be located within the block, shall have the right within

10 days after the granting and publication of notice of a permit for the drilling of any well to post with the city

clerk a good and sufficient corporate surety bond, or a personal bond acceptable to the permittee, to guarantee payment of his, her or their proportionate share of the cost of the drilling and operation for the proposed well and be thereby entitled to participate in the entire working interest in the well after payment of or her share of expenses in the proportion that the mineral interests in the block owned or leased by him or her bears to the total mineral interest contained in the block.

(d) A map or plat of the area covered by the oil and gas lease, showing the proposed location of each well, together with the written consent of the owner of the land, on which the well is proposed to be located, to the drilling of the well on the land, which map or plat shall also show the location of all residences, buildings, and other structures within 150 feet of such proposed location.

(e) Agreements or statements showing reasonable and adequate plans for the handling and disposal of all drilling fluids, basic sediment, brines and other deleterious substances and wastes that may be produced in connection with the drilling and operation of the proposed well.

(f) Plans and drawings showing the facilities for the handling or storing of production of the proposed well.

(g) Statements of agreements that in the event the well is either nonproductive or abandoned, within 60 days after the determination thereof, that all tools, equipment, and machinery used in connection with the drilling of the well shall be removed, and that the premises shall be fully restored to their original condition as soon as practicable and in no case more than 60 days after such determination.

(h) Statements of agreement that if such well is productive, only the tools, machinery, structures and equipment necessary for the operation thereof shall be maintained at such well and that the premiss surrounding the same shall be restored to their original condition as nearly as practicable and within 60 days after completion of the well.

(Ord. 3030, Sec. 8)

 

4-809. OIL AND GAS WELL; DRILLING PERMIT; TIME LIMIT. No permit shall be granted or issued for the drilling of a well except upon ground held by the applicant under oil and gas lease or drilling contract from the owner, giving the owner's permission to drill the well; and when a permit shall have been issued the same shall terminate and become inoperative without any action on the part of the governing body of the city unless waiting 30 days from the date of issue, actual drilling operations of the well shall have commenced. The cessation for a like period of the drilling operations, or the cessation of production of oil or gas from the well, except for temporary shutdown for repairs, shall operate to terminate and cancel the permit, and the well shall be considered as abandoned for all purposes of this article and it shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit.

No permit which shall be issued under this article nor any rights, privileges, or franchise granted hereby or

 

hereunder shall exist longer than for a period of 20 years from the date of issuance of the permit. (Ord. 3030, Sec. 9)

 

4-810. SAME; NON-ASSIGNABLE. No permit, authorized by this article, shall be assignable or assigned without the approval of the city council. (Ord. 3030, Sec. 10)

 

 

4-811. SURETY BOND REQUIRED. The applicant shall at the time of filing an application for gas or oil well permit submit for approval to the city council a corporate surety bond executed by some bonding or surety company authorized to do business in this state in the amount of $50,000 running to the city for the benefit of the city, and all persons concerned conditioned that if the permit be granted the applicant and his, her or its assigns will comply with the terms and conditions of this article in the drilling and operation of the well and will pay to the city and to any owners of land in the block in which the applicant shall not hold oil and gas leases or contracts the oil and gas royalties as herein provided, that the applicant will restore the streets and sidewalks and other public places of the city which may be disturbed in the operations to their former condition, will clear the blocks and lots of all litter, machinery, derricks, buildings, oil and other substance erected, used, or allowed in the drilling or producing operations whenever the well shall be abandoned or the operation therefor discontinued, and that it will pay all damages suffered by the city or the inhabitants of the city or to property therein by fire, or from oil, gas or water caused by or originated from the operations connected with such well, and will hold the city harmless for any and all liability growing out of the granting of such permit. All such bonds shall be renewed immediately prior to their termination and shall remain in force and be binding upon the principal and surety, unless canceled by giving 30 days notice in writing to the city clerk. Upon the expiration of any such bonds or the giving of notice by the surety as provided herein a new bond shall be filed immediately by the principal in the same amount as the original bond and in the event the principal shall fail to secure and file with the city clerk such a bond the permit provided for herein shall automatically terminate and all

production from and operations of the well shall automatically cease. (Ord. 3030, Sec. 11)

 

4-812. INDEMNITY OR CASUALTY INSURANCE REQUIRED. The applicant for gas or oil well permit shall submit a policy of indemnity or casualty insurance, issued by some responsible insurance company authorized to do business in this state, and naming the city as co-insured, insuring against injuries, los or damage for which the applicant may be liable as the result of the drilling, operation or maintenance of any well or any structure or machinery appurtenant thereto. Such insurance coverage shall be in the minimum amount of

$500,000 single limit bodily injury or property damage. The policy shall also contain a rider that provides that all terms and conditions of the policy insofar as liability to third parties is concerned shall extend to the city even though the city is named as an additional insured. A copy or certificate of the policy shall be deposited with the city clerk together with a certificate by the insurance company that such insurance is in force and shall not be canceled without 30 days written notice thereof to the city. Such insurance shall be renewed immediately prior to the end of the term thereof and shall be maintained during the entire period of drilling or operation of a well. Failure to maintain such insurance shall result in the automatic rescission of the rights granted under the permit provided for herein. (Ord. 3030, Sec. 12)

 

4-813. SPECIFIC DRILLING AND PRODUCTION REGULATIONS. The issuance and continued validity of a permit and the authorization for the drilling or operation of a well, authorized thereby, shall be conditioned upon compliance by the permittee with the following rules and regulations and any departure therefrom shall constitute a violation of this article:

(a) The surface pipe must be run and set at least 300 feet into the ground.

 

(b) The surface pipe must be solidly cemented from top to bottom on the outside of the pipe.

(c) Adequate precautions shall be taken and necessary well head safety devices be used at all times during the

drilling and completion of the well; and all drill stem tests shall be reverse circulated to confine fluids to pits in accordance with the most acceptable practices.

(d) Locations and equipment shall at all times during drilling operations be fenced by either a temporary portable type snow fencing at least four feet high or other fencing equally acceptable.

(e) Upon completion of a well the pumping unit, tank battery, switch box and other permanent production equipment shall be enclosed within a chain or wire mesh fence six feet in height supported by steel posts set in

concrete to depth of at least 18 inches; and on top of such fence there shall be placed and maintained a protruding extension of three barb wires, the lowest of which shall be at least seven feet above ground,

 

extended on bars at an angle of 45 degrees to the outside, and all gates forming apart of such fence shall be kept closed and locked at all times except when in active use by the operator.

(f) All slush ponds and pits shall at all times be enclosed by a fence at least four feet high and shall be filled or

the ground re-leveled within 90 days after commencement of digging of the ponds or pits.

(g) All water produced from any well shall be disposed of underground in accordance with regulations of the

Kansas Corporation Commission or the state board of health. (h) At no time shall fluids of any kind be stored in earthen pits.

(i) All pumping units must be electrically driven and equipped with belt safety guards.

(j) All production equipment, structures and premises shall at all times be maintained and kept in a clean,

sanitary and tidy condition. (Ord. 3030, Sec. 13)

 

4-814. ADDITIONAL REQUIREMENTS BY THE CITY COUNCIL. At the time of granting any permit, under the provisions of this article, the city council may make requirements, in addition to those contained therein, as may be reasonably necessary for protection of persons and property in the city. (Ord. 3030, Sec. 14)

 

4-815. OIL OR GAS WELLS; OIL LEASES; ROYALTIES. In case a permit for the drilling of a well be issued to

a person not holding oil and gas mining leases or drilling contracts with the owners of all the area in the block, it shall be a condition of the permit that the permittee, his, her or its successors or assigns, shall deliver to the credit of each of such owners whose land shall not be under lease to the permittee, free of cost in the pipe line or loading rack to which the well may be connected, a share of all the oil produced, saved and marketed from such well equal to 1/8th of the proportion of the whole production from such well that the square feet of ground so owned and un-leased in the block bears to the square feet in the block, exclusive of streets and alleys, and

a like proportion of the proceeds of gas and casing head gas produced from the well and used off the premises. (Ord. 3030, Sec. 15)

 

 

4-816. LICENSES. (a) A license fee is hereby levied upon the owner or operator of every completed and operated well in the corporate limits in the following amounts:

(1) Producing petroleum or gas wells - $150.00;

(2) Salt water disposal wells - $75.00.

Such fees shall be paid to the city clerk within not more than 20 days after completion of any well. The city clerk

shall thereupon issue a license which shall be valid for a period of 12 calendar months from and after completion date of such well. The license shall not be transferable nor prorated for any unused period. The fees so paid shall be deposited in the city treasury to the credit of the general operating fund.

(b) The license herein required shall be renewed annually and the fee therefor paid at 12 month intervals from the date of the first license and until the operation of any well so licensed shall be discontinued, the well abandoned, and the premises cleared as provided herein.

(Ord. 3030, Sec. 16)

 

4-817. REVOCATION OF PERMITS, LICENSES OR OTHER AUTHORIZATIONS. Upon any substantial violation of the conditions of any permit, license, authorization or of any provisions of this article, the city council may, upon a hearing after five days written notice by mail or personal service, to the person committing such violation, or if the address of the permittee or licensee is unknown and he or she cannot be found in the city, after the expiration of five days from the date of publication of notice of any such hearing in a newspaper authorized to publish legal notices in the city, revoke such permit, license or authorization; provided, however, that if in the judgment of the city council restitution is made for any damage occasioned by such violation together with adequate provisions to prevent any further violations by such permittee or licensee, the city

council may waive revocation of any permit or license. (Ord. 3030, Sec. 17)

 

4-818. NOTICES REQUIRED TO BE GIVEN. It shall be the duty of every permittee or licensee, as the case may be, to give the city clerk notice of the commencement of any drilling of a well, the setting and cementing of the surface casing of any well and of the beginning of other stages of the drilling or operation or abandonment of any well, as may be required by regulations to be approved by the city council.

(Ord. 3030, Sec. 18)

 

4-819. USE OF ABANDONED WELL. All abandoned wells which shall not be used and equipped for disposal purposes, shall be filled and plugged in accordance with applicable rules of the agencies of the state having

 

jurisdiction thereof. (Ord. 3030, Sec. 19)

 

4-820. ORDERS TO STOP WORK, ETC. The inspector designated by the city council to assist in enforcement of this article shall be authorized to order any work stopped or corrected which shall not conform to the conditions required by this article. A copy of such order shall be filed with the well permit and preserved as a permanent record open to public inspection. The date of completion or abandonment of any well and pertinent information shall be entered on record. (Ord. 3030, Sec. 20)

 

 

4-821. SAME; APPEALS. Any person aggrieved by any inspection order to stop or correct any work may,

within 10 days from the decision of such inspector, file an appeal in writing with the city clerk to be submitted to the city council at its next meeting for a hearing and a determination thereof. The decision of the city council shall be final and conclusive. (Ord. 3030, Sec. 21)

 

4-822. OIL OR GAS WELL; STREETS. It shall be unlawful to drill any oil or gas well within any of the streets or alleys of the city or to block or encumber or close up any streets or alley in any drilling or production operations, except by special permit by order of the governing body and then only temporarily. (Ord. 3030, Sec. 22)

 

4-823. OIL OR GAS WELL; LIMITATION OF PERMIT. Neither this article or any permit issued hereunder shall be interpreted to grant any right or license to the permittee to enter upon or occupy in any respect in the drilling or production operations any land except by the written consent of the owner; nor shall it limit or prevent the free right of any lot owner to contract for the amount of royalty to be paid with respect to his or her own land or for damage, rights or privileges with respect thereto. (Ord. 3030, Sec. 23)

 

 
 

Back To Top