City of Lakeshire, MO Chapter 500 Property Maintenance Code

Section 500.010 Adoption of Property Maintenance Code.

A. This shall be and is adopted as the Property Maintenance Code of the City of Lakeshire; and each and all of the regulations, provisions, penalties, conditions and terms of the ICC International Property Maintenance Code, Year 2015 edition and all supplements thereto, are made a part of the Lakeshire Municipal Code as if fully set out in this ordinance.

B. In addition, any specific provisions contained in this Chapter known as the Property Maintenance Code, such as Section 500.080 Prosecution of Violation, as well as any provisions in the Nuisance, Swimming Pool and Fences and Walls chapters of the Lakeshire Municipal Code, shall supersede any general provisions contained in the Property Maintenance Code, 2015, that are in conflict with the provisions in this Lakeshire Code.

Section 500.020 Enforcement or Code Official.

For the purposes of this Chapter 500 as well as Chapters 520, 530 and 540, the Building Commissioner of the City of Lakeshire is hereby designated as the “Code Official” or the “Enforcement Official” for the City of Lakeshire for the purpose of enforcing all said Chapters of the Lakeshire Municipal Code. During the temporary absence or disability of the Building Commissioner, the Mayor, with the approval of a majority of the members of the Board of Aldermen of the City of Lakeshire, may appoint an acting “Code and Enforcement Official.”

Section 500.030 Enforcement Authority.

A. Duties. It shall be the responsibility and duty of the enforcement official and his delegated representatives to enforce the provisions of the Lakeshire Property Maintenance, Plumbing, Building, Electrical, Nuisance, Swimming Pool and Fences and Walls Chapters of the Lakeshire Municipal Code hereinafter referred to as the “Code”. All references in the Code to the “enforcement official” or “code official” shall also include his delegated representatives.

B. Inspections.

1. The enforcement official is authorized and directed to make inspections to determine whether dwellings, dwelling units, rooming units, accessory structures and premises located within the City of Lakeshire, County of St. Louis, Missouri conform to the requirements of this Code. For the purpose of making such inspections, the enforcement official is authorized to enter, examine and survey, at reasonable times, all dwellings, dwelling units, rooming units, accessory structures, and premises. The owner or occupant of every dwelling, dwelling unit, rooming unit, accessory structure and its premises shall give the enforcement official access thereto at reasonable times for the purpose of such inspection, examination and survey. For the purposes of this Code and the other related sections of the Lakeshire Municipal Code including, but not limited to, the Building, Plumbing, Electrical, Nuisance, Swimming Pool and Fences and Walls Chapters of the Lakeshire Municipal Code, the term “premises” shall mean all real property within any specific lot within the City as well as all structures, accessory structures, walls, swimming pools and other appurtenances located on the real property.

2. If the owner, occupant or other person in charge of a structure or premises subject to the provisions of this Code refuses, impedes, inhibits, interferes with, restricts, or obstructs entry and free access to every part of the structure of premises where inspection authorized by this Code is sought, the enforcement official may seek, in court of competent jurisdiction, an order that such owner, occupant, or other person in charge cease and desist from such interference.

C. Inspections, When Made. Inspections shall be initiated under the following circumstances:

1. Upon application for any occupancy permit for the dwelling unit or other notification that there will be a change of occupancy of said dwelling unit.

2. When, on the basis of a complaint, provided however that the complainant shall, when filing the complaint, advance the normal inspection fee in order to effect the inspection. If the complaint is a valid complaint and results in enforcement action for code violations, then the person responsible for the property shall be liable for the cost of the inspection and the city will attempt to collect that fee from the responsible party. Should the city collect the fee from the responsible party, the city shall return the fee advanced by the complainant. The enforcement official may also cause in inspection to be made if he reasonably suspects that a dwelling unit or its premises has code violations.

3. Before or during, as appropriate, the construction, repair or locating of any structure, structural addition, accessory structure, wall, swimming pool or other appurtenances upon any property within the City of Lakeshire when under any provision of the Lakeshire Municipal Code, a permit is required for such construction, repair or location.

D. Sale of Property. It shall be the responsibility of all owners contemplating the sale of their property to so notify the City Clerk and request that the enforcement official make an inspection of the dwelling unit or units contemplated to be sold, so as to determine if it meets all the requirements of this Code. If any repairs or replacements are required, the buyer and seller shall determine whose responsibility it will be to make such required repairs or replacements and inform the enforcement official, otherwise both buyer and seller shall be responsible for any violations of the Code.

E. Access By Owner. Every occupant of a structure or premises shall give the owner thereof, or his agent or employee, access to any part of such structure or its premises at reasonable times for the purpose of making the inspections, maintenance, repairs, or alterations as are necessary to comply with the provisions of this Code.

Section 500.040 Amendments to the International Property Maintenance Code.

The following additions, insertions and changes shall be incorporated into the International Property Maintenance Code, 2015 Edition, adopted as provided for in Section 500.010:

A. 101.1. Title. Insert; "City of Lakeshire."

B. 102.3. Application of Other Codes. Replace: "International Zoning Code" with "Lakeshire Zoning Code."

C. 103.6.1. Occupancy Inspections. Pursuant to Section 104.3, the City Building Commissioner or his/her representative (also referred to herein as the “Code Official”) shall conduct inspections of existing structures or premises prior to change of ownership or change in tenants or occupants to ensure compliance with requirements of this code. The following fees shall apply to the stated inspections:

103.6.1.1. Residential. There will be a fee for occupancy inspections of all existing residential structures or premises. The inspection fee includes the initial inspection and one required re-inspection for compliance when deficiencies are cited. The inspection fee schedule is as follows:

HOUSES - $96

DUPLEXES - $96 (each unit)

CONDOMINIUMS - $96 (each unit)

APARTMENTS - $75 (each unit)

THIRD OR PAST DUE inspection charge is $43.67

103.6.1.2. Commercial. Deleted and reserved.

103.6.1.3. Occupancy without an inspection. Any person who occupies a structure before obtaining the necessary permits and inspections shall be subject to 100% of the usual inspection fee in addition to the required inspection fees.

D. 103.6.2. Occupancy Permits. A certificate of occupancy shall be issued by the Code Official when, after inspection, it is found that the premises comply with all regulations of the Municipal Code of the City of Lakeshire.

103.6.2.1. Residential. The permit fee is part of the inspection fee charged under Section 103.6.1.1. above.

103.6.2.2. Commercial. Deleted and reserved.

E. Section 105.4. Add the following:

Hours Authorized. Any activity requiring issuance of a building permit for outdoor construction activity as set forth in Subsection (a), except in the case of emergency involving public safety, shall only be valid during the following times:

1. Between the hours of 7:00 a.m. and 8:00 p.m. on Monday through Saturday, subject to Subsection (c);

2. Between the hours of 9:00 a.m. and 5:00 p.m. on Sunday;

3. Between the hours of 9:00 a.m. and 5:00 p.m. on New Year's Day, Easter, Memorial Day, July 4th, Labor Day, Thanksgiving, and Christmas.

F. 106.4.1. Any person who shall violate a provision of this code, or fail to comply therewith, or with any requirements thereof, shall be guilty of an ordinance violation, punishable by a fine of not more than $400. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

G. 107.1. Notice To Person Responsible. Whenever the Code Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the matter in the manner prescribed in Sections 107.2 and 107.3 to the person responsible for the violation as specified in this code. Notices for proceedings relating to dangerous buildings, as defined in Section 108 of this code, shall also comply with the provisions of Sections 108.6.4, 108.6.5 and 108.8, when applicable.

H. 108. Dangerous and Unsafe Structures.

Section 108.010. Purpose and Scope. It is the purpose of this Section 108 to provide a just, equitable and practical method for the repairing, vacation or demolition of buildings or structures which are detrimental to the health, safety or welfare of the occupants of such buildings or to the general public. This Section shall apply to all dangerous buildings as herein defined that are now in existence or that may hereafter exist in the City.

Section 108.020. "Dangerous Buildings" Defined.

A.	Any building or structure which has one or more of the following defects shall be deemed a dangerous and unsafe building and shall be declared a public nuisance:
	1.	Bearing wall, earth retaining wall, column or other vertical structural member which leans or buckles to such an extent that it is likely to partially or completely collapse and injure the occupants or members of the public.
	2.	Those which, exclusive of the foundation, show 33% or more of damage or the deterioration of the supporting member or members or 50% of damage or deterioration of the non-supporting enclosing or outside walls or coverings.
	3.	Those which have unevenly distributed loads upon the floor or roof or in which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used.
	4.	Those which have been damaged by fire, wind or other causes so as to become dangerous to life, safety or the general health and welfare of the occupants or the people of the City.
	5.	Those which are so dilapidated, decayed, unsafe, unsanitary or would ordinarily fail to provide the amenities essential to sanitary and healthful living that they are unfit for human habitation or likely to cause sickness or disease, so as to work injury to the health, safety or welfare of those occupying such buildings.
	6.	Those having light, air and sanitary facilities which are inadequate to protect the health, safety or general welfare of human beings who live or may live therein.
	7.	Those having inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes or other means of access.
	8.	Those which have parts thereof which are so attached that they may fall or injure members of the public or property.
	9.	Those which, because of their condition, are unsafe, unsanitary or dangerous to the health, safety or general welfare of the people of this City.
	10.	Those which are vacant or unoccupied and are open at door and/or window.
	11.	Those which have never been lawfully occupied and for which a certificate of use and occupancy could not be granted by reason of incompletion, where construction has been substantially abandoned for more than one year.

Section 108.030. Declared Nuisance — Action To Be Taken. All dangerous buildings are hereby declared to be public nuisances and shall be repaired, vacated or demolished as provided in this Section 108.

Section 108.040. Emergencies. In cases where it reasonably appears that there is immediate danger to the health, life or safety of any person, the Code Official or his/her designated representative may take emergency measures to vacate and repair or demolish such dangerous building or structure and the cost of such shall be collected in the same manner as provided in Section 108.080.

Section 108.050 Enforcement Duties of Code Official.

A.	The Code Official or his/her designated representative shall have the duty under this Article to:
	1.	Inspection, generally. Inspect or cause to be inspected, as often as may be necessary, all residential, institutional, assembly, commercial, industrial, garages, special or miscellaneous occupancy buildings for the purpose of determining whether any defects exist which render such building a dangerous building when he/she has reasonable grounds to believe that any such building is dangerous.
	2.	Inspection upon complaints. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this Article and shall determine if there are reasonable grounds to determine that such building, wall or structure is dangerous.
	3.	Inspection upon reports by a public agency. Inspect any building, wall or structure reported by the police, fire or other public agency as probably existing in violation of this Article.
	4.	Declaration of nuisance. Declare that any building or structure found to be dangerous is a nuisance.
	5.	Notification of declaration. Notify in writing, either by personal service or by certified mail, return receipt requested, or if service cannot be had by either of these modes of service, publication two times for two successive weeks in a newspaper qualified to publish legal notices, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in such building as shown by the records of the St. Louis County Recorder of Deeds of any building found by him/her to be a dangerous building within the standards set forth in this Article.
	6.	Calling of hearing. Upon failure to commence the required work or demolition within the time specified or upon failure to proceed continuously with the required work without unnecessary delay, the Code Official or his/her designated representative shall call and have a full and adequate hearing upon the matter, giving the affected parties at least 21 days' written notice of the hearing. Such hearing shall be conducted by the Mayor or his/her designee. Any party may be represented by counsel and all parties shall have an opportunity to be heard. After the hearing, if evidence supports a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, the Mayor or his/her designee shall issue a post-hearing order making specific findings of fact based upon competent and substantial evidence which shows the building or structure to be a nuisance and detrimental to the health, safety or welfare of the residents of the City. If the findings of fact do not support a finding that the building or structure is a nuisance or detrimental to the health, safety or welfare of the residents of the City, no order shall be issued to demolish, repair or remove such building. If the findings of fact show that such building is a nuisance and subject to the provisions of this Article, the Mayor or his/her designee shall order the structure to be demolished, removed or repaired, whichever is necessary according to the findings of fact. The post-hearing order shall be served in the same manner as the notice of declaration of nuisance and pre-hearing order. The post-hearing order shall contain a date certain for completion of the required action.
	7.	Posting of declaration. If the building or structure is declared to be a nuisance, such building shall be marked or posted with a written notice of such finding.

Section 108.060. Notice To Repair, Vacate or Demolish, Etc.

A.	The required notice to repair, vacate or demolish shall state that:
	1.	The owner must repair or vacate and repair or vacate and demolish such building in accordance with the terms of the notice in this Section;
	2.	The occupant must vacate such building or the building must be repaired in accordance with the notice and the occupant may "remain in possession";
	3.	The mortgagee, agent or other persons having an interest in such building as shown by the records of the St. Louis County Recorder of Deeds may, at their own risk, repair, vacate or demolish or have such work done; provided that, any person notified under this Section to repair, vacate or demolish any building shall be given such reasonable time not exceeding 30 days to commence the required work unless, in the judgment of the Code Official, it is determined to be necessary to extend such time to commence the required work;
	4.	The required work shall not commence until a proper permit has been issued by the Department of Public Works and the inspections required by such permits shall be made in proper sequence.
B.	The notice provided for in this Section shall include a description of the building or structure deemed hazardous, a statement of the particulars which make the building or structure a dangerous building and an order requiring that the designated work to be commenced within a specified period of time or an extension thereof as provided for in Subsection (A) of this Section. The notice shall be substantially in the following form:
	Notice of Declaration of Nuisance and Pre-hearing Order
	The structure or structures described below have been declared a nuisance. (Insert address or other adequate description of the building or structure.) (Use one or two of the following three paragraphs.)
	1.	No person may occupy this building or any part thereof after __________, 202_____. After such date, no person shall occupy, enter, refuse to leave or remain in this building or any part thereof, except persons directly employed in securing, repairing or removing such building.
	2.	This structure must be repaired to cure the following defects:
	<list in reasonable detail the defects needed to be cured>
	Work must begin on or before __________, 202_____ and proceed continuously without unnecessary delay to completion. This order may be obeyed by demolition and removal of this structure. Upon failure to repair as herein required, the Code Official may, after hearing, order repairs to be made and the cost charged to the owner of this property as a special tax lien.
	3.	This structure must be demolished and removed from the premises no later than , 20 . If demolition is not begun and carried forth promptly, the Code Official may, after a hearing, order the same demolished and the cost assessed against the property as a special tax lien. Upon presentation of adequate plans, the Code Official may allow repair instead of demolition.

Section 108.070. Standards For Order To Repair, Vacate or Demolish, Etc.

A.	The following standards shall be followed by the Code Official in ordering repair, vacation or demolition of any dangerous buildings:
	1.	If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this Article, it shall be ordered repaired.
	2.	If the dangerous building is in such condition as to make it dangerous to the health, safety or general welfare of its occupants, it shall be ordered to be vacated and repaired.
	3.	In all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Article, it shall be demolished.
	4.	In all cases where a dangerous building is a fire hazard existing or erected in violation of the terms of this Section 108 or any other ordinance of this City or Statute of the State, it shall be repaired or demolished.

Section 108.080. Upon Failure To Obey Post-Hearing Order. If any post-hearing order of the Mayor or his/her designee is not obeyed within 30 days after its issuance and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this Section 108.090 within 30 days after issuance of any such order, the Mayor or his/her designee shall cause such structure to be vacated and repaired or demolished as provided in his/her post-hearing order. The Mayor or his/her designee shall certify the cost for such action, including all administrative costs, to the Director of Finance, who shall cause a special tax bill against the property to be prepared, filed and collected. Said tax bill shall be a lien upon said property, said lien shall bear interest at the rate set by the Missouri Division of Finance on the date the lien is filed. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than 10 years, plus interest as allowed by law.

Section 108.090. Appeal. Within 30 days from the receipt of a post-hearing order, any affected party may appeal to the Circuit Court from any post-hearing order of the Code Official in the manner provided by law for judicial review of decisions of administrative agencies. In any appeal as provided by this Section, any person who owns or occupies property located within 1,200 feet of the perimeter of the building or structure which is the subject of the suit shall be allowed to present evidence to the court on behalf of the City of the condition of the building or structure, whether or not such person presented such evidence at the hearing provided by Section 108.050 of this Section. The appellant before the court shall have the opportunity to cross-examine any such person presenting evidence to the court.

Section 108.100. Searches. Any owner, occupant, lessee, mortgagee, agent or any other person having an interest in an alleged dangerous building shall allow any Building Inspector to inspect such building. Upon failure to allow inspection, the Code Official may apply to the Municipal Judge for a search warrant if reasonable grounds exist to believe that such a building is a dangerous building.

Section 108.110. Withholding Insurance Proceeds.

A.	As to damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, if an order is issued by the Code Official or his/her designee as provided in Section 108.080 of this Article and a special tax bill or assessment is issued against the property, it shall be deemed a personal debt against the property owner. If there are proceeds of any insurance policy based upon a covered claim payment made for damage or loss to a building or other structure caused by or arising out of any fire, explosion or other casualty loss, this Section establishes a procedure for the payment of up to 25% of the insurance proceeds as set forth in Subsections (1) through (7) of this subsection. This subsection shall apply only to a covered claim payment which is in excess of 50% of the face value of the policy covering a building or other structure:
	1.	The insurer shall withhold from the covered claim payment up to 25% of the covered claim payment and shall pay such monies to the City to deposit into an interest-bearing account. Any named mortgagee on the insurance policy shall maintain priority over any obligation under this Section.
	2.	The City shall release the proceeds and any interest which has accrued on such proceeds received under Subsection (1) of this Section to the insured or as theterms of the policy and endorsements thereto provide within 30 days after receipt of such insurance monies, unless the City has instituted legal proceedings under the provisions of Subsection 108.080 of this Section. If the City has proceeded under the provisions of Subsection 108.080 of this Section, all monies in excess of that necessary to comply with the provisions of Subsection 108.080 of this Section for the removal of the building or structure, less salvage value, shall be paid to the insured.
	3.	If there are no proceeds of any insurance policy as set forth in Subsection (2) immediately above, at the request of the taxpayer, the tax bill may be paid in installments over a period of not more than 10 years, plus interest as allowed by law. The tax bill from date of its issuance shall be a lien on the property until paid in full.
	4.	This sub-section shall apply to fire, explosion or other casualty loss claims arising on all buildings and structures.
	5.	This sub-section does not make the City or County a party of any insurance contract and the insurer is not liable to any party for any amount in excess of the proceeds otherwise payable under its insurance policy.
	6.	The Finance Director shall notify the Director of Insurance within 14 days after the adoption of this sub-section in accordance with Section 67.410, RSMo. The Director of Insurance shall, in turn, notify insurance companies that issue policies insuring buildings and other structures against fire, explosion or other casualty loss within 14 days after such notification. Insurance companies shall have 60 days after the Director of Insurance notifies them of the adoption of this sub-section to establish procedures within this City to carry out the provisions of Section 67.410, RSMo.
	7.	The City may certify that in lieu of payment of all or part of the covered claim payment under Section 67.410, RSMo., it has obtained satisfactory proof that the insured has or will remove debris and repair, rebuild or otherwise make the premises safe and secure. In this event, the City shall issue a certificate within 30 days after receipt of proof to permit a covered claim payment to the insured without deduction pursuant to Section 67.410, RSMo. It shall be the obligation of the insured or other person making claim to provide the insurance company with the written certificate provided for in this sub-section.

Section 108.120. No Liability for the City. The City shall not be liable to any affected party for any damage or injury to any structure caused by the enforcement of this Section 108 when such enforcement is carried out in accordance with the procedures herein provided.

Section 108.130. No Liability of Employees. Neither the Code Official nor any inspector, officer, employee or agent of the City shall be liable for any damage that may accrue to the persons or property as a result of any act required or permitted pursuant to this Section 108. Any suit brought against the Code Official, any inspector, officer, employee or agent of the City as a result of any act required or permitted pursuant to this Section 108 shall be defended by the City Attorney, or such other attorney as the City’s insurance carrier may require.

Section 108.140. Unlawful Acts.

A.	It shall be unlawful for any person to deface or remove any notice without the prior authorization of the Code Official or of a court having jurisdiction. It shall be unlawful for any person to enter or occupy a structure or portion thereof in violation of posted notice or in violation of a notice service on such person.
B.	It shall be unlawful to fail to comply with the notice of declaration of nuisance within a reasonable time or upon failure to proceed continuously without unreasonable delay as specified in the Building Commissioner's order. Such unlawful acts shall be punishable by fine and imprisonment as specified for offenses in the Municipal Court of the City.

I. 201.3. Terms Defined in Other Codes. Where terms are not defined in this code and are defined in the ICC Building Code, Fire Code, Plumbing Code, Mechanical Code, Electrical Code or the Lakeshire Zoning Code, such terms shall have the meanings ascribed to them as stated in those codes.

J. 202. Definitions.

FAMILY

One or more persons occupying a dwelling unit and living together as a single non-profit housekeeping unit, sharing one common kitchen facility, but not including group quarters such as dormitories, fraternities, sororities, motels, hotels, rooming houses, boarding houses, lodging houses or apodments/micro-apartments.

FLAGPOLE

A structural member designed to provide support for the display of the flag of the United States, the State of Missouri or such other symbol as the pole may be expected to display.

K. Chapter 3.

1. 302.1.2. In residential districts there shall be no storage of household items, outdoor furniture, appliances, building materials or of any material within a front or side yard.

2. 302.1.3. Trees and foliage are to be kept a minimum of three feet from buildings or roofs.

3. 302.2.1. Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged onto abutting property without the abutting property owner’s consent or in a manner that creates a public nuisance. The City requires sump pump discharge, surface water runoff concentrated into an enclosed pipe system, and any other water collected by artificial means shall not be discharged closer than 10 feet to any property line and not within any public right-of-way or on public property without prior permission from the Mayor or his/her designee.

4. 302.3. Sidewalks, Driveways, And Parking Areas. 302.3.1. All privately owned sidewalks, walkways, stairs, driveways, parking areas and similar areas shall be kept in a proper state of repair and maintained free from hazardous conditions.

302.3.2. Prior to the issuance of an occupancy permit, all unimproved driveways, and parking areas shall be improved to either concrete or asphaltic concrete non-gravel surfaces. Concrete and asphaltic concrete shall meet the standards specified by the St. Louis County Street Department (see Chapter <>). If weather does not permit said timely construction, an escrow arrangement, subject to approval of the Code Official, shall be made until such time as the construction can be completed.

302.3.3. No owner or occupant shall lawfully enlarge, extend, or otherwise increase the area of any driveway or parking area except by use of the same materials as those used for the existing surface of the driveway or parking area to be extended.

5. 302.4. Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of seven inches. The maintenance of a lot includes the contiguous right-of-way of said lot and is the responsibility of the lot owner. All noxious weeds shall be prohibited. "Weeds" shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided, however, this term shall not include cultivated flowers and gardens. No person having control of any lot of ground or any part of any lot or parcel of real estate within the City, such parcel consisting of more than one acre, except those contained within the commercial districts as defined in Chapter <HS: check Lakeshire Code> of the City Code, shall allow or maintain on such lot or parcel of real estate any growth of weeds to a height of over 10 inches within 300 feet of any public or private roadway or street or any other public or private improvement consisting of a building, outbuilding, wall, fence or drive. Any owner or agent having charge of a property who fails to cut and destroy weeds after service of a notice of violation shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, any duly authorized employee of the City or contractor hired by the City shall be authorized to enter upon the property that is in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.

6. 302.8 Parking of Motor Vehicles, Boats, Campers, Recreational Vehicles, and Trailers in Residential Areas. The following regulations shall apply in all residential zoning districts and to any lot or parcel of land with a residential use:

302.8.1. No motor vehicle shall be parked forward of the front building line of any building unless said vehicle is garaged or parked on a driveway or surfaced parking area.

302.8.2. Subject to Section 302.8.1 herein, no inoperative or unlicensed motor vehicle shall be parked on any premises for a period longer than seven consecutive days unless garaged, except that a vehicle undergoing major overhaul or repair work, including body work, may be parked for longer than seven days if the work is performed inside a structure or a similarly enclosed area designed and approved for such purpose.

302.8.3. Subject to Section 302.8.4, one boat, trailer, camper, or recreational vehicle may be parked, if such boat, trailer, camper or recreational vehicle is not parked within the right-of-way. Any additional boats, trailers, campers or recreational vehicles shall be parked or stored behind the front building line. All boats, trailers, campers and recreational vehicles must be garaged or parked on a driveway or surfaced parking area. The square footage of the driveway or surfaced parking area must exceed the square footage of the boat, trailer, camper or recreational vehicle.

302.8.4. Boats, trailers, campers or recreational vehicles 30 feet or longer shall not be parked outside of a fully enclosed building or structure.

a.	Exceptions.
	i.	No more than twice per month, for a period of not more than 72 hours per occurrence, boats, trailers, campers or recreational vehicles 30 feet or longer may temporarily park on a driveway for loading/unloading provided that such boat, trailer, camper or recreational vehicle is not parked within the right-of-way.
	ii.	If, and only if, a boat, trailer, camper or recreational vehicle 30 feet or longer cannot be parked on a driveway without encroaching upon the right-of-way, then no more than twice per month, for a period of not more than 24 hours per occurrence, such boat, trailer, camper or recreational vehicle may be parked on the street abutting the property, subject to all other City parking requirements.
	iii.	Section 302.8.4 shall not apply to properties containing two acres or more in land area.
	iv.	Residential owners in the City who own or possess a recreational vehicle 30 feet or longer and who owned the recreational vehicle prior to the passage of this legislation shall park the recreational vehicle on a concrete surface behind the front building line.

302.8.5. No boat, trailer, camper, or recreational vehicle may be parked, kept or stored on the street or other public right-of-way between the hour before sunset and the hour after sunrise. Boats, trailers, campers, or recreational vehicles may be parked on the street or other public right-of-way between the hour before sunset and the hour after sunrise to load or unload pursuant to Section 302.8.4 or in association with construction work conducted on the premises.

302.8.6. No person(s) shall remove the shell(s) or other transporting device(s) from any recreational vehicle, mobile home or utility trailer, or affix such recreational vehicle, mobile home or utility trailer to the ground, except when necessary for repairs lasting seven days or less.

302.8.7. Trailers parked, kept or stored outdoors in a lawful manner may not be used to reside in or to store household items, trash, debris, construction supplies, or other materials.

302.8.8. No commercial vehicles, tractor trailers, or cargo/enclosed trailers in excess of 25 feet shall be parked on any premises.

302.8.9. Exceptions: Upon petition, the Board of Aldermen may, at its discretion, waive or modify any requirement in this Section and impose such additional conditions and restrictions as it deems necessary to reduce or minimize any injurious effect upon other property in the neighborhood and to carry out the general purpose and intent of this Chapter.

302.8.9(a). Notice. In the event of a petition for exception, the City Clerk shall notify, in writing, all affected property owners located in the area determined by lines drawn parallel to and 185 feet distant from the boundaries of the property which is subject to the petition for exception.

302.8.9(b). Resubmission. In the event that the Board of Aldermen denies a petition for exception, no identical or substantially similar petition will be accepted for a period of at least one year from the date of denial by the City Board.

7. 302.11. Flag And Flagpole Standards. United States flags which are no longer fitting emblems for display, which includes, but is not limited to, torn, soiled, damaged, worn, tattered, frayed or faded, shall promptly be repaired or replaced. Any person or business having been notified by the City to repair/replace any such flag shall comply immediately after such service or be subject to a fine not to exceed $500 each day of non-compliance.

8. 302.12. (Reserved)

9. 302.13. (Reserved)

10. 302.14. Storage Prohibited. No trucks, truck trailers or vehicles of any type shall be used for any storage purposes nor shall same be placed on skids, jacks or any other device that will make them immobile or inoperable, except for emergency repairs or as may be permitted by the Code Enforcement Officer ancillary to construction.

11. 302.15. Temporary Exterior Storage Units.

302.15.1. As used in this Section, the following terms shall mean as follows:

CONSTRUCTION SITE DUMPSTERS — Roll-off waste containers transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.

PORTABLE ON-DEMAND STORAGE UNIT — A container designed, constructed and commonly used for non-permanent placement on property for the purpose of temporary storage of personal property.

STORAGE SHED — A prefabricated structure designed, intended and installed on property primarily for the long-term storage of yard, pool and garden equipment and similar personal property.

STORAGE TRAILERS — Trucks, trailers, and other vehicles or parts of vehicles designed to be hitched or attached to trucks, tractors or other vehicles for movement from place to place and used as a temporary exterior storage unit.

TEMPORARY EXTERIOR STORAGE UNIT — Any storage trailer, portable on-demand storage unit, or similar unit or device designed to be placed outside of a building or structure and to temporarily store items of personal property, similar waste receptacles and storage sheds.

302.15.2. It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit which:

302.15.2.1. Is not secured and inaccessible to others not using the unit;

302.15.2.2. Lacks vermin-proof floors or otherwise permits rats or vermin harborage; or

302.15.2.3. Is not in a state of good repair and alignment and free from nuisance.

302.15.3. It shall be unlawful for any person to park, place, or suffer placement of a temporary exterior storage unit:

302.15.3.1. In or upon any street, highway, roadway, designated fire lane or sidewalk in the City;
302.15.3.2. On any lot or property in the City other than on a concrete, asphalt or other improved surface;
a.	Exception. The provision shall not apply to Construction Site Dumpsters utilized on a lot or parcel of property in conjunction with a construction project for which a valid building permit is in effect.
302.15.3.3. On any lot or property in the City used for commercial purposes or containing three or more dwelling units in such a way as to block or interfere with access to a garage or off-street parking areas;
302.15.3.4. On any lot or property in the City in a manner which:
	302.15.3.4.1. Interferes with sight lines for motorists on adjoining streets or the driveways of adjacent properties;
	302.15.3.4.2. Obstructs the light or air of any dwelling unit;
	302.15.3.4.3. Obstructs safe means of access to or from any dwelling unit;
	302.15.3.4.4. Creates fire or safety hazards; or
	302.15.3.4.5. Displays advertising, other than the identification of the manufacturer or operator of the unit.

302.15.4. It shall be unlawful for any person to park, place or suffer placement of a temporary exterior storage unit on any lot or property in the City without having obtained a permit, or in violation of permit conditions, as provided in this Section.

302.15.5. Permits.

302.15.5.1. No person shall park, place or suffer placement of a temporary exterior storage unit without obtaining a permit from the City Clerk. The permit shall specify the time period, not exceeding 14 days, during which the unit may be kept on the property. No more than six permits may be issued for any lot or parcel of property in any twelve-month period.
a.	Exception. No permit is required for Construction Site Dumpsters utilized on a lot or parcel of property in conjunction with a construction project for which a valid building permit is in effect.
302.15.5.2. The permit shall specify where the unit is to be situated on the property, which shall be on a driveway or other paved surface at a point farthest from the street, preferably to the rear of the front building line of the principal building on the lot.
302.15.5.6. The violation of any provision of this Section shall be punishable as provided in Section 505.060(D) of the City Code.

12. 303.2.1. In changes of residential occupancies with a pool, if door alarms are not present, they shall be provided. The installation is to comply with Section 305 of the 2015 International Swimming Pool and Spa Code.

13. 304.13. Window, Skylight Doors and Door Frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weathertight. Window frames must be solid without evidence of rust, rot or decay and must be capable of tightly securing the window. Every operable window must be supplied with window hardware, including locks. If more than 60% of the windows in a unit or structure are in violation of the code and, in the opinion of the Code Official, must be replaced due to age or condition, then the owner shall replace all windows within that unit/structure.

14. 304.14. Insect Screens. Insert: "April 15 to November 15."

15. Delete: Section 307.1, and replace with new Section 307.1 as follows: “Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck ramp or other walking surface that is more than 30 inches above the floor or grade below shall have guards. Handrails shall not be less than 30 inches in height or more than 42 inches in height measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 36 inches in height above the floor of the landing, porch, deck, or ramp or other walking surface. Exception: Guards shall not be required where exempted by the adopted building code.”

16. Add: Section 310.010 Lighting and Decorations. All residents shall remove temporary, decorative, outdoor, string lighting used for holidays from their premises within 30 days, weather permitting, after the holiday for which such lights are used to celebrate. The Building Commissioner shall be permitted to extend the period for removal for up to 30 days for weather-related delays.

17. Add: Section. 310.011. Sanitary Requirements. All residents shall maintain the structures and exterior property of their premises in compliance with the following requirements, except as otherwise provided for in the Code of Lakeshire, as amended from time to time:

1.	A person shall not occupy, as an owner-occupant, or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the requirements of this Chapter.
2.	Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping such dwelling, rooming or housekeeping unit in a clean, sanitary and safe condition to the full extent of that portion of any such unit as he or she occupies or controls.
3.	All owners and occupants of a residential dwelling unit shall keep all exterior portions of the premises owned or occupied in a clean, safe and sanitary condition.
4.	Construction materials, implements, tools, ladders and debris shall not be allowed to be stored on exterior portions of residential properties unless allowed by a permit properly issued by the Building Commissioner, and only for the duration set forth on such permit.
5.	No owner, occupant, guest or resident may store any trash, rubbish, junk, clothing, boxes, paper, wood, metal, plastics, glass, combustibles, leaves covering grass, unsafe materials or furniture manufactured for indoor use on the exterior portions of the premises owned, occupied, visited or resided in.
6.	All owners and occupants of a residential dwelling unit shall keep all exterior portions of the premises owned or occupied free from yard waste. For purposes of this section, “yard waste” includes, but is not limited to, grass clippings, leaves, vines, hedges and shrub trimmings, tree trimmings, tree limbs or other tree/shrub materials.
7.	No owner, occupant, guest or resident may store any of the following items on the exterior portions of residential properties, except under covered porches and back yards, when such items are not in seasonal use: lawn furniture, water hoses, lawn sprinklers, outdoor cooking equipment, or firewood. Under all circumstances, firewood must be stacked in an orderly manner and kept at least 12 inches off the ground and stored behind the front building line of the primary structure on the premises.

18. Add: Section 310.012. Accessory Structures. All accessory structures, including detached garages, fences and walls, shall be maintained in a structurally sound condition and in good repair. Such structures shall be kept free of mold and mildew or other substances that are dangerous to the health or safety of residents of the premises or neighbors.

L. Add: Section 403.5.1. Clothes dryer exhaust systems shall be installed correctly, cleaned and maintained. All dryer exhaust systems shall be independent of all other systems and shall be exhausted outside the structure in accordance with the manufacturer’s instructions.

M. Add: Section 404.4.6. Bedrooms. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area. Every room occupied for sleeping purposes by more than one person shall contain 70 square feet for one occupant, and shall contain at least 50 square feet of floor area for each additional occupant of the room.

N. Add: Section 404.4.7. Closets. Every bedroom shall have access to a closet opening into the room, with a minimum area of six square feet of floor to ceiling closet space with a minimum depth of two feet. The area of closets shall not be counted as part of the habitable room area used in determining permissible occupancy.

O. Add: Section 404.4.10. Illegal sleeping rooms. Living rooms, dining rooms, kitchens, closets, hallways, bathrooms, storage areas and interior public areas shall not be occupied for sleeping purposes.

P. Add: Section 507.2. Gutters and downspouts will be provided in residential and commercial buildings unless the installation is not technically feasible.

Q. Section 602.3. Insert: "October 1 to May 1."

R. Section 602.4. Insert: "October 1 to May 1."

S. Add: Section 605.2.1. All receptacles located within six feet of standing water, over exposed concrete floors in basements and receptacles in garages shall have ground fault circuit interrupter protection.

T. Add: Section 703.2.1. Garage dwelling separations shall comply with R302.5 of the 2015 International Residential Code. All garages and carports shall comply with R309.1 and 309.2 of the 2015 International Residential Code.

Section 500.050 Occupancy Permit Required.

A. Permit Required.

[Ord. No. 1139, 2-12-2024; Ord. No. 1139, 2-12-2024]

1. Except as otherwise provided, it shall be unlawful for any person, group, family, or association to occupy, or for any owner or agent thereof to permit the occupation of any dwelling, dwelling unit or addition thereto, or part thereof, for any purpose until an occupancy permit has been issued by the Enforcement Official. The occupancy permit shall not be issued until all violations of this Code have been eliminated and the property brought into compliance with the Code.

2. For all residential rental property, if the landlord of such property is not a resident of this State or is a corporation, the occupancy permit shall not be issued until the landlord provides certified copies of documents filed with and accepted by the office of the Missouri Secretary of State which designate an agent of the landlord upon whom service of process may be made in the State of Missouri. The agent shall be a resident of Missouri, or a corporation authorized to transact business in Missouri. The designation shall include the address and the name of the registered agent.

3. Before an occupancy permit for residential rental property will be issued, the landlord must present proof that all persons named on the occupancy permit have the permission of the property owner to lawfully reside on the property. Such proof may be evidenced by the submission of a valid executed lease, or an affidavit, on a form approved by the City, of the landlord affirming that all person named on the occupancy permit have permission to lawfully reside on the property.

B. Fees.

1. The fee for the inspection of each dwelling unit as required upon a sale or change of occupancy shall be:

a. Apartment Unit or Condominium Inspection: $75.

b. Single Family Home Inspection: $96.

c. First Reinspection (If Required): $00.

d. Second Reinspection (If Required until complete compliance): $43.

2. In the event a multi family building is sold and there is no change in occupancy an inspection of the building is still required, but there will be only one inspection fee.

C. Content of Occupancy Permit.

1. The occupancy permit shall state the names, dates of birth, relationships and the number of occupants of the dwelling unit. It shall be unlawful for any person to knowingly make any false statement in his application for an occupancy permit as to the names, ages, relationships or number of occupants of the dwelling unit. No more than one family shall occupy each dwelling unit and there must be sufficient space as required by this Code for all members of such family. Family shall be defined as follows:

a. One or more persons related by blood, marriage, adoption, guardianship or duly authorized custodial relationship or two unrelated people and any children related to or legally cared for by either of them or a group of not more than five unrelated individuals living together as a single housekeeping unit. A family may include, in addition hereto, not more than two boarders, roomers, or domestic servants.

2. All persons who occupy the premises of a dwelling unit must be listed on the occupancy permit. If there is any change in the persons occupying a dwelling unit after an occupancy permit is issued and such change would be a violation of the requirements of the Code, then the existing occupancy permit shall be invalid and a new permit must immediately be applied for.

3. At the time the enforcement official makes his initial inspection, he shall determine the number of occupants which can be housed n the swelling unit without creating a health or safety hazard. No family, group, association or corporation occupying a dwelling unit shall exceed said number of occupants even if all occupants are members of the same family or defined herein.

D. Report Change of Occupancy. Every dwelling unit in which a change of occupancy is to occur must be reported by the owner to the City Clerk so that the enforcement official may inspect the structure according to the provisions of this Code. Failure to make such a report shall constitute a violation of this Code and the person responsible for the failure shall be subject to the penalties of this Code.

E. Responsibilities of Real Estate Brokers. All real estate brokers, agents, owners, and managers of multiple family dwelling units and their agents shall report each dwelling unit which is to change occupancy as in this code defined so that the enforcement official may inspect the unit according to the provisions of this Code. Failure to register or make such a report shall constitute a violation of this Code and the person, corporation or association responsible for the failure shall be subject to the penalties of this Code.

F. Conditional Occupancy Permit. A conditional occupancy permit may be issued by the enforcement official if, in his judgment, any deficiencies in structures covered by this Code would not seriously endanger the health or safety of the occupants or the community and provided that the owner states that he will correct deficiencies within a specified time not to exceed 90 days and bring the structure into compliance with the provisions of this Code. The occupant may then occupy the dwelling unit while repairs are being made. At such time as a reinspection indicates the dwelling complies with all the provisions of this Code, an occupancy permit will be issued as provided above.

Section 500.060 Noncompliance; Reinspection.

A. Noncompliance With Ordinance-Notice to be Given. Whenever the enforcement official or his delegated representative finds evidence of a violation of any provision of this Code, he shall give notice of same to the person or persons responsible hereunder. Such notice shall be in writing and shall include a statement of the nature of each provision of this Code being violated together with a statement of the corrective action required to cure such violation. Such notice shall be served by delivering a copy to the owner, his agent or the occupant, as the case may require, by sending a copy of the notice by United States mail, or if same cannot be delivered, by posting a copy of such notice in a conspicuous place in or about the building affected by the notice. The notice shall be deemed served on the date served or received or 10 days after posting as herein provided.

B. Noncompliance With Ordinance -- Remedy of Defects. If no specific time period to remedy violations is set out in the notice received under Section 500.060.1, then the owner of any building shall have 30 days from the issuance of the notice provided for in Section 500.060 (Noncompliance with Ordinance-Notice to be Given) in which to remedy the condition therein specified, except when emergency conditions shall require immediate action as provided in Section 500.240 (Emergency Measures), provided, however, that the enforcement official may, at his discretion, extend the time for compliance for work that cannot be done within 30 days of any such notice and upon written application from the person or persons served with notice.

C. Reinspection. At the time when the defects have allegedly been brought into compliance, the enforcement official shall reinspect the dwelling, dwelling unit, rooming unit, accessory structure and its premises. At this time, he shall make a complete inspection, taking particular notice that the violations previously noted have been brought into compliance and that no new violations have come into existence in the time which has elapsed since the first inspection. If new violations have come into existence, then the enforcement official shall notify the owner or his agent of such violations and they must be repaired before an occupancy permit may be issued.

Section 500.070 Accessory Structures.

A. Supplement to Other Requirements. The purpose of Chapter 500 is to supplement the provisions contained in the 2015 ICC Property Maintenance and Building Codes so that all provisions concerning such structures contained in those Codes shall remain in full force and effect except where the provisions of this Chapter conflict with those Codes in which case the provisions of this Chapter shall control and supersede the other adopted Codes.

B. Definitions. Accessory structure as used in this Code shall mean all pens, cages, houses or kennels for an animal, detached garages, playhouses, screen houses, gazebos, pool houses, all types of sheds and storage facilities and all other types of buildings separate and apart from the main structure on the lot whether or not it is attached to the real estate. Included in this definition are all television, radio or other communication antennae that are free standing or that are more than fifteen (15) feet above the roof of the main building on the lot where it is to be placed.

[Ord. No. 1129, 6-12-2023]

C. Permit Required. No accessory structure, as defined in this Code, with an area of one hundred twenty (120) square feet or more shall be constructed, erected, placed, kept or maintained in the City of Lakeshire except by special permit issued by the enforcement official and approved by the Board of Aldermen. Accessory structures with a square footage of less than one hundred twenty (120) square feet may be constructed without first obtaining a special permit, but such accessory structures must otherwise conform to all other applicable provisions of this Code. Any person desiring such permit shall file a written request with the enforcement official setting forth in detail the nature and description of the proposed accessory structure and shall attach to the application a plat showing the location of the proposed accessory structure. The enforcement official shall determine the effect of the proposed accessory structure upon the character of the neighborhood, traffic conditions, interference with peaceful and quiet enjoyment of their property by other residents of the community, the effect upon light and air and whether or not noise, smoke or other unsightly, unhealthy or unsanitary conditions or circumstances interfering with the peaceful and quiet enjoyment of their property by the other residents will result from the accessory structure. If the enforcement official determines that the accessory structure and its use will not be detrimental or injurious, in light of the foregoing, he/she shall recommend that the Board of Aldermen grant the special permit and if the Board of Aldermen shall agree with the findings of the enforcement official it shall issue a special permit setting forth the conditions, if any, under which the accessory structure may be established, erected, located, kept and maintained. If the enforcement official determines that the contemplated accessory structure would be detrimental or injurious, in light of the foregoing, he/she shall recommend that the Board of Aldermen deny the permit request and if the Board of Aldermen shall agree with the findings of the enforcement official it shall deny the request.

[Ord. No. 1129, 6-12-2023]

D. Standards For Granting Permit. In determining whether an accessory structure conforms with the general requirements specified in Subsection C, the enforcement official and the Board of Aldermen shall apply the following listed standards, but said list shall not be deemed to exclude any other factors the enforcement official or the Board of Aldermen determines are pertinent to the granting or denial of any permit.

[Ord. No. 1129, 6-12-2023]

1. No accessory structure shall exceed ten (10) feet in height measured from the floor slab to the high point of the roof. No accessory structure shall exceed two hundred (200) square feet in area.

2. All accessory structures, other than animal houses and small playhouses of less than twenty-five (25) square feet in floor area, shall be placed in the rear yard of each lot. No accessory structure shall be placed within six (6) feet of any boundary line of the lot on which it is placed. Any person desiring to place an accessory structure in a side yard shall have the burden of providing the enforcement official and Board of Aldermen with sufficient grounds to waive the above requirement on the basis that said alternate location will better meet the requirements of Subsection C. Consent of all adjacent property owners shall not in itself constitute "sufficient grounds."

3. All accessory structures, other than animal houses or small playhouses of less than twenty-five (25) square feet in floor area, shall be faced with finished architectural walls acceptable to the enforcement official under the requirements of Subsection C and shall be designed to meet wind, snow and other load requirements. All such accessory structures shall be permanently attached to a concrete slab or a suitable foundation.

4. It has been determined by the Board of Aldermen that because of the density of the population and the limited amount of open space existing in the multiple-family zoning district, accessory structures shall be completely prohibited on any lot containing a multiple-family dwelling, except that permits may be granted for animal houses and small playhouses of less than twenty-five (25) square feet in floor area on any lot containing only a multiple-family dwelling which is a duplex if they meet the criteria specified in this Code. A limited variance from this prohibition may be obtained from the Board of Aldermen in regard to antennas upon a showing of need in order to obtain proper television or commercial radio reception and in regard to other accessory structures if they would not substantially decrease useable open space and would enhance the aesthetic appearance of the area.

E. If the Board of Aldermen shall refuse to grant the permit request, then the aggrieved party may appeal as prescribed in Section 500.080, Subparagraph E of this Code.

F. Satellite Dish Antennae.

1. A Satellite dish antennae may be installed, erected, and maintained within the City, but only in accordance with the provisions of this section. The term “antenna” as used herein shall mean any device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used to transmit and/or receive radio or electromagnetic waves between terrestrially and/or arbitrarily based uses. This device may be external to or attached to the main building as specified herein.

2. General Regulations.

a. Every installation of an outside dish antenna shall be installed and maintained in compliance with the building code.

b. Each installation shall require a building permit.

c. Application for such a permit shall include the submittal of a site plan which will include distances from street and lot lines, height above ground, type and amount of proposed screening, diameter of antenna and other pertinent information as may be required by the planning and zoning administrator and/or building commissioner.

d. The owner of a satellite antenna agrees to accept the sole responsibility for the legal access to a conveyance of satellite television communications. Said owner agrees to hold the City harmless from any litigation which may result from unauthorized commercial use of satellite transmission and agrees to indemnify the City for expenses incurred as a result of any litigation involving the City, which may arise from unauthorized commercial use of satellite transmissions.

e. All installations shall be located to prevent obstructions of the antenna’s reception window. Each applicant shall include a diagram which identifies said window and the location of the installation.

f. Except as otherwise stated below, all antennae shall be located in the rear yard setback. On corner lots, no antennae shall extend beyond the front setback lines.

g. Only one satellite dish antenna per lot shall be permitted.

h. One ground mounted satellite earth station may be erected per lot to a maximum height of 20 feet above adjacent ground level, provided:

(1) The diameter of such antennae shall not exceed 10 feet.

(2) Such antennae shall only be located in the rear yard.

(3) The antennae shall be neutral in color and, to the extent possible, compatible in character and appearance with the surrounding neighborhood.

i. Satellite dish antennae with a diameter measuring less than one meter may be installed on the main building in a manner consistent with typical television antennae.

j. Satellite dish antennae shall be used for private, non-commercial messages.

Section 500.080 Prosecution of Violation.

A. Prosecution. In case any violation of this Code is not remedied within the prescribed time period designated by the enforcement official, he shall request the legal representative of the City of Lakeshire, Missouri to institute an appropriate action or proceeding at law against the person, corporation or association responsible for the failure to comply, ordering him:

1. To restrain, correct or remove the violation or refrain from any further execution of work;

2. To restrain or correct the erection, installation or alteration of such building;

3. To require the removal of work in violation;

4. To prevent the occupation or use of the building, structure or part thereof erected, constructed, installed or altered in violation of or not in compliance with the provisions of this Code or in violation of a plan or specification under which an approval, permit or certificate was issued; or

5. To enforce the penalty provisions of this Code.

B. Penalty for Violations. Any person, association or corporation who shall violate any provision of this Code shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $1,000 at the discretion of the court. Every day that a violation continues after due notice has been served in accordance with the terms and provisions hereof shall be deemed a separate offense.

C. Hearing.

1. In the event that the owner of any dwelling unit shall wish to contest the determination of the enforcement official that one or more conditions on the owner’s property constitute violations of the code, then said owner may request a hearing before the Board of Aldermen of the City of Lakeshire to determine whether the decision of the enforcement official is correct. Any such request for hearing must be made within 30 days after the owner receives notice, as set out in this Chapter, of the violation. Within 30 days after receiving such a request for hearing, the Board of Aldermen shall set a date for the hearing and give the requesting party notice thereof. At the hearing, any party may be represented by counsel, but there shall be no formal rules of evidence and all parties shall have an opportunity to be heard. All decisions shall be by a majority of the members of the Board of Aldermen.

2. After the hearing, if a majority of the members of the Board of Aldermen determines that the evidence supports a finding that one or more of the conditions cited by the enforcement official constitute a violation of this Code and are detrimental to the health, safety or welfare of the residents of the City of Lakeshire, then the Board of Aldermen shall issue an order to that effect making specific findings of fact based on competent and substantial evidence. Said order shall require the repair ore removal of the condition within a reasonable period of time. If the Board of Aldermen determines that the evidence does not support such a finding, then no order shall issue and any order of the enforcement official concerning the disputed condition shall be null and void. Notice of the decision of the Board of Aldermen and any order they shall issue shall be given in the same manner as the notice of violation.

D. Special Tax Bill. If any such post-hearing order of the Board of Aldermen is not obeyed within 30 days after its issuance and if appeal of any post-hearing order is not made to the Circuit Court as provided for in this Code within 30 days after issuance of any such order, the enforcement official may cause such building condition or structure to be repaired, removed or demolished as provided in the post-hearing order. The enforcement official shall certify the costs for such repair, removal or demolition to the City Clerk or officer in charge of finance who shall cause a special tax bill therefore against the property to be prepared, filed and collected by the City Collector or other official collecting taxes. At the request of the taxpayer, the tax bill may be paid in installments over a period of not more than five years. Said assessment shall bear interest at the maximum rate that the law will allow until paid. The tax bill shall be a lien on the property until paid.

E. Appeal to Circuit Court of St. Louis County. The decision by the Board of Aldermen may be appealed by a party aggrieved thereby to the Circuit Court of St. Louis County within 30 days after receipt of notice of the order.

Section 500.090 Emergency Measures.

A. Applicability. When any dwelling unit has become so damaged by fire, wind or other causes, or has become so unsafe, unhealthful or unsanitary that in the opinion of the enforcement official life or health is immediately endangered by the occupation of the dwelling unit, the enforcement official is hereby authorized and empowered to revoke without notice any occupancy permit for such dwelling unit and to order and require the occupants to vacate the same forthwith. The enforcement official shall order the owner or agent to proceed immediately with the corrective work and repairs required to make the dwelling unit temporarily safe and fit for human habitation whether or not a notice of violation has been given as described in this Code and whether or not legal procedures described in the Lakeshire Municipal Code have been instituted.

B. Procedures. In the event the enforcement official determines that there is an immediate danger to the health, safety or welfare of any person, he may take emergency measures to vacate and repair the structure or otherwise remove the immediate danger.

Section 500.100 For Notification to the City by Union Electric Company When There is a Successor of Existing Utility Service.

A. For any month when there is a change of use or residential or non-residential electric service within the City of Lakeshire, Union Electric Company shall notify the Occupancy Permit Coordinator (or appropriate official designated by the Building Commissioner) of the City within seven working days after the end of the month of said changes, indicating the address and apartment or unit number, and the name(s) of electric user(s) per service and address and apartment or unit number in whose name service is connected or billed.

B. Union Electric Company shall submit annually to the City an invoice for its cost associated with this ordinance. The initial cost of the service shall not exceed $150. Future price increases, if any, will only reflect the actual cost incurred by Union Electric Company to provide this service. The City shall pay to Union Electric Company the amount of the invoice within 30 days of receipt.

Section 500.250 Garage or Estate Sale Permits.

A. Any person, company or corporation desiring to conduct a garage or estate sale of personal property items shall first apply for a permit from the City Clerk of the City of Lakeshire at least three days prior to the date or dates specified for the garage or estate sale. Said permit application shall state the name of the person, company or corporation desiring to hold said sale, the date or dates of the sale, and the location of the sale.

B. The cost of said garage sale permit shall be $5 for one or two consecutive days or $10 for two days which are not consecutive. No garage or estate sale shall exceed four days in duration, and there shall be a limit of two garage or estate sales per year per family.

C. There shall be no more than two signs advertising said garage or estate sale within the City of Lakeshire, excepting such signs as are on the property where the sale is conducted. All garage or estate sale signs shall not exceed two feet in height and three feet in width, and shall be removed within three hours after the termination of the garage or estate sale.

Section 500.255 Prohibition on the Collection and Discharge of Storm Water onto City Streets Without a Permit.

A. No person, company or corporation shall cause or permit the installation or creation of a Storm water collection system or apparatus of any type which collects and discharges Storm water either upon the streets or alleys, or closer to any street or alley than one-half the distance between the edge of the street or alley and the front building line of the lot, without first obtaining a permit from the City of Lakeshire. Said distance is to be measured at the point where the front building line is closest to the edge of the street or alley. Further, if such collection system or apparatus creates a discharge of Storm water at a distance farther from the street or alley than above specified, but the Storm water discharge results in erosion on the City’s easements and rights-of-way, or undermining of the streets or alleys by erosion, or causes an excessive amount of water flowing onto the City’s streets or alleys in a given area, then the installation or use of such a Storm water collection system or apparatus is hereby prohibited without first obtaining a permit from the City of Lakeshire.

B. The word “discharge” for the purposes of this ordinance shall be defined as the release of Storm water at the termination point or points of the Storm water collection system or apparatus.

C. If the Lakeshire Street Commissioner determines that the Storm water collection and discharge system does not result in: (1) erosion on the City’s easements and rights of way; (2) undermining of the streets or alleys by erosion; or excessive amounts of water flowing onto the City’s streets or alleys in a given area, then the Street Commissioner shall recommend to the Board of Aldermen that a permit for the system be granted. The Board of Aldermen, using the above-listed criteria, shall then determine whether a permit shall be issued.

D. If the Street Commissioner or the Board of Aldermen determines that a Storm water collection and discharge system violates one or more of the criteria set out in Paragraph C and, therefore, denies a permit, then the property owner requesting said permit may request a hardship exception from the criteria based on the grounds that a particular natural drainage condition or a special topographical or building condition creates an undue hardship on the property owner or other adjacent owner if the Storm water cannot be collected and discharged upon or near the City’s streets or alleys. The Street Commissioner shall recommend to the Board of Aldermen whether such special exception shall be granted, and the Board of Aldermen shall determine, based upon the grounds specified in this ordinance, whether a special exception shall be granted. Said special exception shall specify the grounds for granting it, and shall state specifically to what extent the limitations of this ordinance shall not be applied. A special exception shall not be granted, even upon a showing of undue hardship, if granting the exception would endanger the health, safety or welfare of the residents of the City of Lakeshire.

E. In the event an existing Storm water collection and discharge system is found by the Street Commissioner to violate the criteria specified in Paragraph C, then the Street Commissioner shall notify the property owner of such violation, specify the corrective action required, and give the property owner a reasonable time to effect such corrective action. A property owner who receives such a notification may request an exception to the criteria, using the procedure set out in Subsection D. The fact that a permit was previously granted to the landowner when the Board of Aldermen determined that the system did not violate the criteria set out in Subsection C, or that an existing collection and discharge system did not violate the criteria at the time this Section was enacted, shall not prevent or limit the Street Commissioner or the Board of Aldermen from later determining that a change of conditions has caused the collection and discharge system to be in violation of the terms of this Section of the Lakeshire Municipal Code and requiring the landowner to correct the violation. In the vent there is a change of condition so that a special exception granted under Subsection D shall constitute a danger to the health, welfare or safety of the residents of Lakeshire, or shall cause damage to City property, then said special exception may be resolved by the Board of Aldermen after a hearing before the Board of Aldermen at its next regularly scheduled meeting.

F. Any person, company or corporation who shall violate the terms of this ordinance shall be fined not more than $100, and each day the violation shall continue shall be considered a separate violation.

Section 500.260 Prohibiting the Installation and Limiting the Repair of Driveway Extensions into the Streets, Alleys, Street Gutters and Curbs.

A. No person, company or corporation shall cause or permit the installation or construction of an extension of any driveway by means of placing asphalt, concrete or other paving material onto the streets, alleys, street gutters or curbs of the City of Lakeshire without a written permit from the City of Lakeshire.

B. No existing driveway extension which is presently located on the streets, alleys, street gutters or curbs of the City of Lakeshire may be repaired or extended in any manner which would increase the length, width or height of the existing driveway extension (except that normal liquid asphalt sealing materials may be applied to the existing surface) without a written permit from the City of Lakeshire.

C. If, in the opinion of the Street Commissioner, any existing driveway extension which is located on the streets, alleys, street gutters or curbs of the City of Lakeshire constitutes a traffic hazard or a storm water impediment, or if the extension is so deteriorated as to be unsightly in the opinion of the Street Commissioner, then the Street Commissioner, upon approval by the Mayor, may have the driveway extension removed at the City’s cost.

D. It shall be unlawful for any person to construct, repair or maintain a driveway extension as prohibited by this Section, and any person who does so shall be subject to a fine not to exceed $500. Each day such violation continues shall be deemed a separate offense, for which a separate fine not to exceed $500 per day may be assessed by the Municipal Court.

Section 500.265 Maintenance and Replacement of Driveway.

A. Driveway Surfaces. Driveway surfaces shall be constructed of concrete, bituminous (asphalt) or similar materials approved by the Building Commissioner before any paving occurs.

B. Maintenance. It shall be the duty of the property owner of a driveway to keep the same in a proper state of repair and free from hazardous or unsightly conditions.

C. Specifications. All driveways shall be constructed in compliance with the specifications contained in the International Building Code and the requirements set forth below.

1. No driveway shall be so constructed or graded as to leave a steep, sharp depression or other obstruction on the sidewalk. The grade shall be as nearly as possible the same as that of the adjoining sidewalk.

2. These specifications shall be applicable to new, reconstructed or expanded driveways. No property owner shall conduct reconstruction in phases in an attempt to classify the reconstruction as routine maintenance.

3. Concrete driveway surfaces shall be a minimum of 3 1/2 inches thick.

4. Bituminous (asphalt) driveways shall be a minimum of three inches thick. Bituminous driveways may be reduced to 2 1/2 inches when placed over a minimum four inch rock base.

5. Driveways shall be designed so that storm water is not directed onto adjacent properties or to any structure on the property.

6. Driveways shall be designed so that at any point along the driveway, including the apron, the bottom of the vehicle with a minimum ground clearance of six inches measured at any point on the vehicle does not scrape the driveway.

7. He surface finish of any driveway that crosses the sidewalk must not be constructed of materials that render it slippery or hazardous to pedestrians.

D. Existing Gravel Driveways. Existing gravel, chat, or similar material driveways must be properly maintained but not expanded.

1. Expansion of any gravel driveway will require the entire driveway to be surfaced in accordance with the construction specifications of Subsections A and C of this Section and the International Building Code.

2. An existing gravel driveway that causes a nuisance by flowing onto adjoining property, sidewalk or street shall be surfaced in accordance with the construction specifications of Subsections A and C of this Section and the International Building Code.

E. Variation. The Building Commissioner may approve variations from the above specifications upon finding that the driveway configuration adequately addresses issues including, but not limited to storm water runoff and the general welfare of the community.

F. Appeals. Determinations of the Building Commissioner may be appealed to the Board of Adjustment within 30 days of a final determination of the Building Commissioner being filed with the Clerk of the City of Lakeshire. Notice of such a final determination shall be sent via U.S. Mail to the last known address of the property owner(s) affected by the decision.

Section 500.270 Decontamination of Certain Structures Where Methamphetamine Has Been Produced.

A. Purpose. Pursuant to the Lakeshire Property Maintenance Code, the following standards, requirements and protocols are established for the cleanup of illegal laboratories used to manufacture methamphetamine which property owners are required to meet.

B. Applicability. The requirements of this Section apply when the owner of property that has been posted as an unsafe structure receives notification from the Code Official of the City of Lakeshire that chemicals, equipment, or supplies indicative of a drug laboratory were located at the property, or when a drug laboratory is otherwise discovered, and the owner of the property where the drug laboratory was located has received notice.

C. Definitions. For the purposes of this Section, the following terms shall be deemed to have the prescribed meaning:

AGENT OF THE OWNER

A current employee or representative of the owner of record who was in the employ of that owner at the time the property was determined to be an illegal drug manufacturing site; or is a current employee or representative of any new owner and who was a representative.

BUILDING

A structure which has the capacity to contain humans, animals, or property.

CHEMICAL STORAGE AREA

Any area where chemicals used in the manufacture of methamphetamine are stored or have come to be located.

CODE OFFICIAL

The Building Commissioner of the City of Lakeshire. See Section 500.020.

CONTAMINANT

A chemical residue that may present an immediate or long-term threat to human health and the environment.

CONTAMINATION OR CONTAMINATED

The presence of chemical residues which may present an immediate or long-term threat to human health or the environment.

CONTRACTOR

One or more qualified individuals or commercial entities hired to perform work in accordance with the requirements of this protocol.

COOKING AREA

Any area where methamphetamine manufacturing is occurring or has occurred.

DECONTAMINATION

The process of reducing the level of contamination to the lowest practical level using currently available methods. At a minimum, decontamination must reduce contamination of specified substances below the concentrations allowed by this protocol.

DISPOSAL

Handling, transportation and ultimate disposition of materials removed from contaminated properties.

DOCUMENTATION

Preserving a record of an observation through writings, drawings, photographs, or other appropriate means.

FUNCTIONAL SPACE

A space where the spread of contamination may be expected to occur relatively homogeneously, compared to other functional spaces. The "functional space" may be a single room or a group of rooms designated by an inspector who, based on professional judgment, considers the space to be separate from adjoining areas with respect to contaminant migration. Typical examples of functional spaces include a crawl space, an attic, and the space between dropped ceiling and the floor or roof deck above.

MEDIA

The physical material onto which sample substrate is collected. Media includes gauze, glass fiber filters, etc.

METHAMPHETAMINE

Dextro-methamphetamine, levo-methamphetamine, and unidentified isomers of the same, any racemic mixture of dextro/levo methamphetamine, or any mixture of unidentified isomers of methamphetamine. The term includes derivatives, conjugates, oxides and reduced forms of the basic structure associated with the formation of methamphetamine. For the purposes of this protocol, this term includes amphetamine, ephedrine and pseudo ephedrine.

PERSON

Any individual, public or private corporation, partnership, or association.

PROPERTY

Anything that may be the subject of ownership or possession, including, but not limited to, land, buildings, structures, vehicles and personal belongings.

PROPERTY OWNER

For the purposes of real property, the person holding fee title to real property. "Property owner" also means the person holding title to a manufactured home. With respect to personal property, the term means the person who lawfully owns such property.

REMOVAL

The taking out or stripping of material or surfaces to eliminate the potential for exposure to contaminants on or in the material or surfaces.

SUBSTRATE

The material being collected. Substrates may include soils, water, painted surfaces, carpet or carpet debris, unidentified powders, dust, etc.

UNSAFE STRUCTURE

Any structure, building or premises that have the defects or characteristics contained in Section 116, International Building Code, and thereby constitute a hazard to safety, health or public welfare.

VACUUM SAMPLE

A non-airborne dust sample collected from a known surface area of a porous surface or material using standard micro-vacuum sampling techniques.

WASTE DISPOSAL AREA

Any area where chemicals used or generated in the manufacture of methamphetamine are disposed or have come to be located.

WIPE SAMPLE

A surface sample collected by wiping a sample media on the surface being sampled.

D. Assessment.

1. When law enforcement personnel discover property where methamphetamine has been produced, or where the equipment and chemicals to produce methamphetamine are present in sufficient quantities to warrant enforcement action, they will take samples using a methamphetamine field test kit. The field test used shall be of the type approved by law enforcement officials, industry experts and the courts, and shall measure the presence of methamphetamine residue on surfaces at a level that is at least as high as the level established in Subsection F below. This assessment shall be performed by personnel who the City’s Chief of Police has determined are appropriately trained and the assessment shall include, but not be limited to, the following:

a. Assessment of the number and type of structures present on the property where methamphetamine may have been produced.

b. Identification of structural features that may indicate separate functional spaces, such as attics, false ceilings and crawl spaces, basements, closets and cabinets.

c. Identification of the manufacturing methods based on observations, reports from law enforcement personnel and knowledge of manufacturing methods.

d. Identification of possible areas of contamination based on visual observation, reports from law enforcement personnel, proximity to chemical storage areas, waste disposal areas, or cooking areas, signs of contaminations such as staining, etching fire damage, outdoor areas of dead vegetation or based on the professional judgment of the person collecting the samples.

e. Identification of adjacent units and common areas to determine the likelihood that contamination has spread or may have been tracked.

f. Identification of common ventilation systems with adjacent units or common areas.

2. On the basis of the analysis of these areas and the judgment of the person collecting the data, a sampling plan will be formulated to determine the areas with the greatest probability of containing the highest possible concentrations of contaminants. Samples will be taken with techniques that are appropriate for the surface being sampled using media and testing kits designed to detect the presence of methamphetamine, the results of which are determined at the time the samples are collected.

3. If the field test reveals the presence of methamphetamine at levels in excess of the levels established herein, the structure shall be considered unsafe for human habitation and it will be posted as an unsafe structure by the Code Official. A structure or unit that is posted as unsafe shall not be occupied until the Code Official orders that status removed.

E. Procedure for Assessment, Sampling and Testing.

1. While posting of the structure constitutes notice, the Code Official shall also attempt to contact the owner of record of the affected property, or the owner's agent, by sending a certified letter. Whether the certified mail is collected or the regular mail is returned to the Code Official as undeliverable, the City shall proceed on the basis of the posted notice.

2. Notice shall inform the owner to contact the Code Official to establish a schedule for decontaminating the structure. If the owner does not contact the City within the time specified in the notice, the Code Official may request AmerenUE to disconnect the electric service to ensure the structure is not re-occupied until decontamination is performed.

3. If the owner contacts the City within the prescribed period, the owner may request permission to have the property retested. If the owner chooses to retest the property, the owner must employ the services of a company that the Code Official shall determine is qualified to perform sampling and to analyze the samples. If the owner chooses to hire a company to collect new samples, a trained law enforcement officer for the City must be present when the samples are taken and the owner shall pay an inspection fee of $40, payment of which must be made prior to removal of the unsafe structure declaration. The results of the analysis shall be provided to the Code Official.

4. Testing shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup, August, 2009.

F. Contamination Levels. A structure will be considered unsafe and non-compliant if it is found to contain more than the following levels of any of these chemicals:

1. Methamphetamine in a concentration equal to or greater than 0.1 µgram/100 cm².

2. If it is determined that the phenyl-2-propanone (P2P) method of methamphetamine manufacturing was used, surface levels for lead in excess of 20 µg/ft² and vapor samples for Mercury in excess of 50 ng/m.

G. Decontamination.

1. If testing reveals the presence of contamination in levels that exceed the standards set forth in this Section, the owner is required to hire a qualified Contractor to decontaminate the structure and shall advise the Code Official of the schedule for decontamination. At a minimum, to be qualified to perform decontamination, contractors and all personnel must have completed the forty-hour Hazardous Waste Operations and Emergency Response (HAZWOPER) training [Occupational Safety and Health Administration (OSHA) 29 CFR 1910] and a clandestine drug lab assessment and decontamination course that is provided by a sponsor acceptable to the Code Official.

2. The schedule for the work and evidence that the contractor has met the minimum training requirement must be submitted for approval to the Code Official within seven business days of the posting of the Notice. Approval will be based solely on the timeliness of the schedule and the qualifications of the Contractor. Approval or rejection of the schedule will be provided within three business days of submission. If rejected, the owner will be informed of specific reasons for the rejection and will be required to amend the schedule or the proposed contractor. Decontamination shall be performed in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup (August, 2009).

3. If the owner of property determined to be in violation of the minimum allowable levels of chemicals as provided in this protocol fails to voluntarily mitigate the violation, the Code Official may serve a notice of violation and proceed in accordance with Section 114 of the International Residential Code or may declare the structure as unsafe and proceed in accordance with Sections 112 and 116 of the International Building Code. The Code Official may request AmerenUE to disconnect electrical service until the decontamination is complete.

H. Post-Decontamination Sampling. When the owner arranges for decontamination, following the completion of the work, the owner will notify the City that work is complete and schedule a time for post-remediation testing. The structure must be tested in the presence of a trained law enforcement officer for the City. The owner must provide test results as evidence that the property is compliant with this regulation. Should the results of the post-remediation sampling show the presence of methamphetamine in excess of the standards established by this Chapter, further steps shall be taken to decontaminate the structure and additional testing shall be done in the presence of a trained law enforcement officer for the City. Each time an inspector for the City is present, the owner shall pay an inspection fee of $40. The post-remediation sampling and testing must be performed by a company the Code Official has determined to be qualified and done in accordance with the appropriate Sections of the U.S. Environmental Protection Agency Voluntary Guidelines for Methamphetamine Laboratory Cleanup, August, 2009.

I. Final Action. After the property has been decontaminated and the Code Official is in possession of evidence that the pertinent chemical levels are below the levels established by this regulation, the structure will be considered safe and suitable for human habitation. If electric service has been disconnected, the Code Official will notify AmerenUE that the unsafe condition has been mitigated and service can be restored. The property owner shall be responsible for any re-connection fees.

J. Penalties. Any Person violating any of the provisions of this Section shall, upon conviction, be subject to all penalties provided for violation of City Ordinances.

Section 500.300 Tree Preservation and Restoration Requirements.

A. 

Definitions. For purposes of this Section, the following definitions apply:

CRITICAL ROOT ZONE

An area drawn for each tree surveyed which represents the average root system. The average root system extends beyond the drip line extending from the outer surface of a tree's branch tips to the ground. Critical root zones vary depending upon tree species, tree size, soils and moisture level, but shall be deemed to incorporate a distance of 10 feet beyond the defined boundary of the drip line.

DISTURB

Intentionally or unintentionally removing, destroying or killing a tree.

FAIR CONDITION

A tree having a life expectancy of greater than 15 years, a relatively sound and solid trunk with no extensive decay, no more than one major and several minor dead limbs (hardwoods only) and no major insect or disease problems.

GRAND TREE

A tree in fair or better condition which has a minimum height of 30 feet and which equals or exceeds the following diameter:

1. Large hardwoods (including oaks, hard maples, hickories, sycamores, elms, ash, dogwoods, magnolias, etc.) — twenty-four-inch DBH.

2. Large softwoods (pines, cedars, firs, spruces, etc.) — twenty-inch DBH. Notwithstanding the foregoing, grand trees shall not include box elder, silver maple, sweet gum, mulberry, green ash, mountain ash, black locust, poplar, cottonwood or willow trees.

NEW CONSTRUCTION ACTIVITY

Construction of a structure on a site where no previous building exists at the commencement of the construction activity or where at least 50% (as measured by reference to floor area of the ground floor of the structure) of an existing structure is demolished as part of the construction activity in order to accommodate a new structure or replacement or expansion of the existing structure.

TREE CANOPY COVERAGE

The area in square feet of a tree's spread. Existing tree canopy is determined by measuring the ground's surface area that is covered by the branch spread of a single tree or clump or grove of trees.

TREE PRESERVATION PLAN

A tree preservation plan is a plan of a site that identifies the pre-and post-activity tree status of a site upon which there is to be any grading, demolition or construction relating to new construction activity. A tree preservation plan shall provide sufficient detail to enable the reviewing authority to determine whether the proposed activity complies with the requirements of this Section and shall include a detailed description and location of trees on the site prior to any proposed new construction activity and shall identify proposed changes in the tree canopy coverage, including any replacement or restoration of trees. The tree preservation plan may also include or be supplemented by a description of the aesthetic and/or practical rationale for any proposed tree removal and replacement. A tree preservation plan shall be prepared in map form and may be included on a site survey, a landscape, demolition, grading, building, subdivision, site plan or development plan or submittal or may be filed as a supplement to such plans or submittals or as a separate document.

TREE SIZE

The measurement of the diameter of a tree trunk (typically referred to as caliper) at 4 1/2 feet above natural grade (diameter at breast height, "DBH"). If a tree splits into two or more trunks below 4 1/2 feet, then the trunk is measured at its most narrow point below the split. For newly planted trees, the caliper measurement will be taken six inches above natural grade.

B. Scope and Purposes.

1. The requirements of this Section shall, except as otherwise expressly provided, apply to any disturbance of grand trees and disturbance of any other tree within setback areas resulting from any demolition, grading or building relating to new construction activity or attendant upon any development requiring approval of a subdivision, site plan or development plan under the Code of Ordinances of the City of Lakeshire. This Section shall supplement the requirements and standards established by other provisions of the City Code and shall be applied in conjunction therewith.

2. Trees reduce noise, cool the land, improve drainage, reduce erosion, stabilize the soil and increase the economic value of land. Hence, the protection and preservation of trees throughout the City of Lakeshire, particularly mature trees and significant stands of trees, is important to the protection of the health and welfare of residents, the enhancement of residential properties and their economic value and enrichment of the character of the community. The purpose of this tree preservation Section is to encourage preservation of grand trees; reduce tree loss during development; reduce damage to standing trees during construction and provide for the replacement of trees lost during construction. The regulations and requirements of this Section should be interpreted and applied in a manner consistent with these purposes.

C. Tree Preservation Plan Required.

1. No demolition permit, grading permit or building permit (to the extent that such building permit applies to new construction activity) shall be granted by the City until a tree preservation plan has been filed with and approved by the Building Commissioner with respect to the site.

2. No subdivision, site plan or development plan approval shall be granted by the City until a tree preservation plan has been filed with and approved by the Planning and Zoning Commission.

3. The tree preservation plan shall:

a. Promote development with minimal tree disturbance;

b. Prohibit to the extent practicable grading, demolition and construction within the critical root zone of any trees required by this Section to be undisturbed (which prohibition shall apply to activities related to grading, demolition and construction activity such as placement of substances injurious to trees or storage of materials or soil impeding the access of air or water to the roots of trees);

c. Encourage the preservation of trees within buildable areas (defined as the areas of a lot interior to the front, rear and side building setback lines, on which buildings may be located pursuant to applicable zoning or subdivision regulations);

d. Ensure the preservation of trees within building setback areas ; and

e. Provide for the protection of remaining trees on any site subject to new construction activity.

D. Protection of Trees. The tree preservation plan shall include the following minimum specifications, standards and precautionary measures:

1. All trees identified for preservation shall be temporarily fenced during construction. Fencing shall be installed prior to the issuance of demolition, grading or building permits. Fencing shall be located at the edge of the critical root zone, encompassing a distance of 10 feet beyond the defined boundary of the drip line, except where impracticable due to the location of improvements or as necessary to permit construction within the critical root zone. If, however, a certified arborist examines a tree in question and certifies that a particular tree has a smaller critical root zone, fencing may be located at the outer edge of the critical root zone as determined by the arborist. Fencing shall consist of chain link or plastic link fence. Fencing shall be rigidly supported and maintained during all construction periods at a minimum height of four feet above grade. Removal of fencing shall take place only when approved by the Building Commissioner.

2. All trees required to be fenced shall be clearly marked with a spot of paint to notify City inspectors that the subject tree or trees are to be fenced at all times during construction. Protected areas shall also display a sign identifying them as tree preservation areas.

3. Fenced areas shall not be used for material stockpile, storage or vehicle passage or parking. Dumping of materials, chemicals or garbage shall be prohibited within the fenced area. Fenced areas shall be maintained in a natural condition and not compacted.

4. Boring or tunneling methods, including hand trenching, shall be used, to the extent reasonably practicable, when utilities are to be located in the critical root zone, since many, critical roots are close to the surface.

5. Existing storm water runoff and grade shall be maintained within the critical root zone of protected trees.

E. Protection of Trees Within Setback Areas.

1. The minimum required tree canopy coverage on land within any building setback area (defined as the area between the property line and the front, rear and side building setback lines as required by applicable zoning or subdivision regulations) on a site shall be retained and undisturbed. Within the "A" Single Family, “B” Single Family, and “E” Multiple Family zoning districts, the minimum required tree canopy coverage will be 60% of the existing tree canopy within the building setback area. Within non-residential zoning districts the minimum required tree canopy coverage will be equal in area to the existing tree canopy within the building setback area or as may otherwise be determined by application to and approval by the Planning and Zoning Commission, taking into account the purposes stated in this Section.

2. When a grading, demolition or building permit is requested in conjunction with development of a site consisting of more than one parcel of land or when the development will require subdivision into more than one parcel, the building setback areas shall apply and be determined by lot according to the approved record plat or preliminary plat for the proposed development. Redevelopment or re-subdivision of land after the tree preservation plan has been implemented shall not be permitted to defeat or avoid the tree preservation requirements of the Code of the City of Lakeshire first applied to the site and approval of such redevelopment or re-subdivision may be conditioned upon replacement, by replanting or restoration, of trees to equal the previous tree preservation plan, if applicable.

F. Preservation of Grand Trees. Grand trees shall not be disturbed in the course of grading, demolition or building relating to new construction activity except as follows:

1. When the tree is dead, diseased, hazardous or constitutes a public risk; or

2. In any residential district, where such disturbance is necessary to permit construction and is specifically authorized in a tree preservation plan approved in conjunction with the applicable grading, demolition or building permit; or

3. In any non-residential district, where such disturbance is necessary to permit construction and is specifically authorized in a tree preservation plan approved in conjunction with the applicable subdivision, site plan or development plan or applicable grading, demolition or building permit;

provided however, the tree preservation plan shall also require replacement of grand tree(s) lost by any such disturbance under the foregoing exceptions of this Section and such replacement tree(s) shall be subject to review and approval by the Building Commissioner, except that in any event, no replacement shall be required for the disturbance of a dead, diseased or hazardous tree or trees that constitute a public risk. Replacement trees need not be the same size at time of planting nor of the same species as the tree(s) lost and need not meet the definition of a "grand tree" as defined in this Section at the time of planting. Though the use of grand trees as replacements under this Section is encouraged, it is not required. The Building Commissioner shall consider the overall landscape design of the site, the adaptability of the replacement trees to the climate of the area and conditions of the site and the goals specified in of this Section in reviewing proposed replacement measures.

G. Supplemental Standards for Land Disturbance.

1. The tree preservation requirements of this Section may not be altered or waived by the Building Commissioner or by the Planning and Zoning Commission, except as necessary for construction pursuant to a planned development, conditional use permit, approved subdivision plat or approved final site plan specifically authorizing such modification and then only to the extent necessary to complete the approved construction or use. A permit or approval may be conditioned upon the replacement, restoration or relocation of trees or vegetation on the site in an amount or quality sufficient to offset or ameliorate any loss resulting from land disturbance.

2. Any alteration or waiver of the requirements of this Section shall not be deemed "necessary" where reasonable changes in design or construction or use location or construction technique could reduce or eliminate the amount of tree disturbance.

3. In the event of any conflict between the provisions of this Section and other requirements of the City of Lakeshire with respect to tree preservation, the most restrictive requirement shall govern.

H. Restoration of Trees -- Bond.

1. Restoration Required. Any trees disturbed in violation of this Section or an approved tree preservation plan shall be replanted and restored within 15 months:

a. In accordance with the tree preservation plan, or

b. In the event no tree preservation plan was approved prior to such disturbance, then subject to review and approval by the Building Commissioner.

2. Supplemental Bond. Any person disturbing trees in violation of an approved tree preservation plan or failing to follow procedures required for the protection of trees pursuant to this Section shall be required to post a performance bond with the Building Commissioner in the amount of $4,000. The City reserves the right to issue a stop work order and revoke any then applicable demolition, grading or building permit if such bond is not posted within two business days following notice from the Building Commissioner. If the required replanting and restoration is not completed within the time allowed, the Building Commissioner may cause the bond to be used for such replanting and restoration, as well as related site work; provided however, that not more than $2,500 may, on the determination of the Building Commissioner, continue to be held for a period of 24 months to guarantee survival during such period of any trees required to have been preserved and to guarantee replacement and survival during such period of any trees required to have been replanted or restored. Any net amounts retained due to violations causing loss of trees in sizes or character that cannot be similarly replaced shall be returned to the permittee. Notwithstanding any expenditure of the proceeds or recoveries from the bond by the City, the person obtaining the permit or approval shall remain responsible for remedying any uncured violations of this Section and the City shall not be limited to the proceeds or recoveries from the bond for any applicable penalties.

I. Unlawful Acts on Public Property. It shall be unlawful for any person to do any of the following acts on public property or a public right-of-way:

1. Attach any sign, advertisement, notice or any other object to any tree or shrub or in any flower bed in the public right-of-way or any other public property in the City except items installed by the City.

2. Damage, cut, deface, destroy, top or injure any tree, shrub or plant planted in the public right-of-way or upon any public property by placing salt, brine, petroleum products, weed killers, concrete washout or any other substance in such an amount as to be injurious to tree or shrub growth or otherwise disturb any tree in the right-of-way or on other public property. This provision shall not apply to ordinary care and maintenance or removal of trees by a governmental entity or by a public utility authorized to exercise jurisdiction over the right-of-way or on other public property pursuant to a franchise or easement.

3. Place or store cement, asphalt, soil or any other substance in the right-of-way or on any public place which impedes access of air and water to the critical root zone of any tree, shrub or plant planted in the right-of-way or on any other public property.

4. Cause any excavation or construction on a public right-of-way to occur within the critical root zone of any tree in the right-of-way or on other public property or fail to install fences, barriers or other guards to protect the tree on the public right-of-way from damage from such excavation or construction. This provision shall not apply to ordinary care and maintenance or removal of trees by a governmental entity or by a public utility authorized to exercise jurisdiction over the right-of-way or on other public property pursuant to a franchise or easement.

J. Protection or Removal of Trees on Public Property. The Building Commissioner may cause to be removed or may order the property owner to remove any trees, limbs or other item encroaching on or over public property or right-of-way. In the event that the Building Commissioner causes the encroachment to be removed after notice and failure of the property owner to voluntarily remove it, the Building Commissioner shall send the property owner a bill for the costs of such removal and the property owner shall be responsible for payment of such bill. If the amount is not paid within 14 days, the amount of the bill shall be charged to the owner of such property in a special tax bill. The special tax bill charged shall constitute a first lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus cost of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in a manner fixed by law for the collection of taxes and, further, shall be subject to a delinquency penalty of 8% per annum if it is not paid in full on or before the date the special tax bill becomes delinquent. Any person damaging, cutting, defacing or injuring any tree, shrub or plant on any public property or right-of-way shall be responsible to pay for any remedial costs in addition to such penalties as may be imposed.

K. Nuisances. The Building Commissioner shall have the authority to order removal of trees on private property that endanger the life, health, safety or property of the public and thereby constitute a nuisance. If such order is not complied with within 30 days, the Building Commissioner may cause the nuisance to be removed and shall send the property owner a bill for the costs of such removal and the property owner shall be responsible for payment of such bill. If the amount is not paid within 14 days, the amount of the bill shall be charged to the owner of such property in a special tax bill. The special tax bill charged shall constitute a first lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest plus cost of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in a manner fixed by law for the collection of taxes and, further, shall be subject to a delinquency penalty of 8% per annum if it is not paid in full on or before the date the special tax bill becomes delinquent.

L. Penalties. Violation of any provision of this Section by any intentional act shall constitute a misdemeanor punishable by a fine of not less than $100 and not more than $1,000. The removal of each tree in violation of any provision of this Section shall constitute a separate punishable offense. Each day on which a violation of the replanting or restoration requirements of a tree preservation plan continues or on which a violation of the replanting or restoration requirements of other provisions of this Section continues shall constitute a separate punishable offense.

M. Appeals. An appeal for a variance from the strict application of this Section shall be made directly to the Board of Adjustment in accordance with the applicable procedures of the Code of the City of Lakeshire.

N. Removal of Trees Prior to Land Disturbance. Any trees which have been removed from a site within 12 months prior to application for a demolition, grading or building permit (to the extent that such building permit applies to new construction activity) or other land use approval shall be deemed to have been removed for purposes covered by this Section and shall be subject to all replanting and restoration requirements contained herein.