Lake Station City Zoning Code

It shall be unlawful for any person to engage in the business or act in the capacity of a contractor or specialty contractor within the City of Lake Station without having a valid license or certificate of registration.

As set forth in this article, the following definitions shall apply unless expressly denoted otherwise.

(a)

Contractor: The term "contractor" shall mean, refer to, and include any person who for compensation submits bids to, or does himself, or causes to be done by others, construction, demolition, repair, alteration, remodeling, additions, reductions, improvements to structures or buildings, and/or manages any of the above or foregoing activities. The term shall also include electrical installation, plumbing installation, heating, ventilating and air conditioning installation, and specialty contractor. The term shall further include any general contractor, divisional contractor, or sub-contractor, or materialman."

(b)

Specialty contractor: The term "specialty contractor" shall mean, refer to, and include any person who specializes in a particular branch of the building and construction industry, and to any person who installs or provides any of the following:

(1)

Alarm security systems;

(2)

Asphalt paving, seal coating or striping;

(3)

Concrete;

(4)

Decks;

(5)

Commercial painting, drywall or plastering;

(6)

Demolition or house moving;

(7)

Drain and sewer cleaning;

(8)

Fencing;

(9)

Commercial landscaping;

(10)

Masonry, tuck pointing or sandblasting;

(11)

Pest control;

(12)

Roofing;

(13)

Siding, gutters, windows, trim;

(14)

Sprinkler systems;

(15)

Storage sheds;

(16)

Swimming pools;

(17)

Tree trimming or removal service;

(18)

Waterproofing.

(c)

License or certificate of registration means a certificate issued by the board of examiners established pursuant to this article which confers upon the holder the privilege to perform as a contractor.

(d)

Registration means the act by which the board of examiners confers upon a person the privilege to act as a plumbing contractor as herein defined, which registration shall be evidenced by a certificate of registration.

(e)

Board as herein referred to shall mean the board of examiners.

(Ord. No. 99-02, § § 1, 2, 2-18-99)

(a)

The fee provisions of this article do not apply to the following:

An authorized employee of the United States, the State of Indiana, or any political subdivision thereof, so long as the employee does not hold himself out for hire and is acting within the scope of his employment.

(b)

The provisions of this article shall not apply to:

(1)

Public utilities, where construction, maintenance, and development work is performed by their own employees and incidental to their business.

(2)

The owner-occupant of a dwelling of a two (2) or less family resident unit when said owner-occupant is installing, altering, or repairing said residential unit.

(3)

Any construction, alteration, or improvement located on any site where state and/or federal law supersedes this article.

(a)

The board shall consist of five (5) members, who shall be appointed by the mayor of the City of Lake Station. One (1) member shall be the heating, air conditioning, and sheet metal inspector; one (1) member shall be the electrical inspector; one (1) member shall be the plumbing inspector; one (1) member shall be the building inspector; and one (1) member shall be a citizen member having a general knowledge of the building trades.

(b)

The citizen member of the board may be appointed for a period of one (1) year whose term shall expire on the 31st day of December. All other members shall serve by virtue of their employment as inspectors.

(c)

The citizen member of the board shall hold office after the expiration of his term until a successor has been appointed.

(d)

The board of examiners shall have the duty of enforcing the provisions of this article and shall cause periodic inspections to be made by the building department of the City of Lake Station of any work of a licensed contractor or specialty contractor and the board shall request the building department to conduct investigations and submit written reports to the board upon the filing of any complaints.

Each member of the board shall, before entering upon the discharge of his duties of office, be sworn by the clerk-treasurer of the City of Lake Station, to properly perform the duties of the office as a member of said board and to uphold the City Code ordinances, laws, and Constitution(s) of the City of Lake Station, State of Indiana, and of the United States.

(a)

The members of the board shall hold a meeting no later than the fourth (4th) Monday of January of each year for the purpose of selecting a chairman and regulations as they deem necessary and expedient to the purpose of selecting a chairman and secretary. The time for conducting meetings and the manner for notice of all such meetings shall be in accordance with the Indiana Open Door Law.

(b)

The following principles shall govern:

(1)

The majority vote of the total board shall govern all issues before the board.

(2)

A two-thirds majority of membership shall constitute a quorum for the transaction of all business.

(3)

The chairman through required notice being sent by the secretary, or any two (2) members of the board, upon proper notice, may call meetings of the board.

State Law reference— Indiana Open Door Law, I.C., 5-14-1.5-1—5-14-1.5-7.

(a)

All written and oral tests shall be standardized and based upon the applicable portion of the building code of the City of Lake Station, and rules and regulations incident thereto.

(b)

The contents of the examinations herein required shall be developed by the board of examiners, and shall test the current level of skills required of persons to be licensed in a specific license category.

(c)

The board shall establish periods of examination. The examination of the applicants shall be administered within thirty (30) days after the filing of an application for license.

The secretary of the board shall keep a record of all the meetings and proceedings of the board together with the necessary register showing all applications. The register shall show the date and name of each applicant, qualifications, place of business, place or residence, and whether the application for license was granted or refused.

(a)

Except as otherwise provided in this article, any person over the age of twenty-one (21) years, who satisfies the further requirements of this article shall be licensed and/or registered by the board.

(b)

Persons seeking to be licensed or registered as a contractor or specialty contractor shall file a written application on a form to be provided by the board which shall contain such information as the board deems necessary to determine the qualifications and competency of the applicant.

(c)

All applications shall be signed by the applicant.

(d)

Upon the filing of an application, the board may investigate the statements contained therein and, if any are found to be untrue, may refuse to examine, license or register the applicant.

(e)

Except as hereinafter provided, all individual applicants for a license as a contractor or specialty contractor shall submit to and pass an oral and written examination conducted by the board. The contents of the examination herein required shall be developed by the board of examiners, shall test the current levels of knowledge required of persons to be licensed in said category in the State of Indiana, shall be standardized and shall be reviewed on an annual basis and certified to the board of public works and safety by February 1st of each year as being in compliance with the building codes of the City of Lake Station and the State of Indiana, and all current construction codes adopted by the fire prevention and building safety commission of the State of Indiana.

(f)

Upon receipt of an application and proof of fee payment as prescribed in this article, it shall be the duty of the board to set a date and notify the applicant in writing at least five (5) days before such examination.

(g)

Any applicant who fails to qualify for a license as a contractor or specialty contractor may be re-examined at the next succeeding date for examinations. But, in any event, an applicant who fails to qualify for the examination on two (2) successive attempts shall be ineligible for re-examination for a period of six (6) months subsequent to the date of his last examination.

(h)

Before a license or certificate of registration is issued by the board to any applicant, the board shall require the applicant to file a unified license bond with the office of the county recorder in the sum of five thousand dollars ($5,000.00). The bond shall be issued by a surety authorized to do business in Indiana, and be conditioned upon the faithful observance of the City Code ordinances of the City of Lake Station and the State of Indiana relating to contracting and all rules and regulations promulgated thereunder.

(i)

Liability and property damage insurance in the amount of five hundred thousand dollars ($500,000.00) shall be required of each contractor or specialty contractor. A certificate of insurance or copy of the insurance policy shall be filed with the board by the licensed or registered contractor or specialty contractor as herein provided prior to the issuance of such license of registration.

(j)

Whenever any contractor's license or certificate of registration issued under the provisions of this article is revoked by the board, the board shall deliver the bond of the offending licensee to the city attorney of Lake Station, Indiana, who shall institute proceedings to forfeit the bond.

(k)

Every license or certificate of registration issued under the provisions of this article shall expire on December 31 of each calendar year and shall be renewed annually, upon payment of the required renewal fees as a matter of right if the applicant for renewal has not violated during the preceding license period any of the provisions of this article or the rules and regulations promulgated pursuant thereto.

(l)

Applications for renewal of the said license or certificate shall be filed with the board of examiners on a form provided by said board no later than January 31 of the year following expiration of the license or certificate of registration. The application shall be accompanied by the required renewal fee.

(m)

Applications for renewal received after January 31 of the year following expiration of the license shall not be approved and the applicant must reapply for a new license or certificate of registration with all the conditions, requirements and fees set forth therein.

(n)

During the period of time after expiration of the license or certificate of registration and before renewal of said license or certificate of registration said license or certificate of registration shall not be in effect.

(o)

The fees to be charged by and paid to the board by licensees or registrants for all licenses and certificates of registrations and renewals thereof shall be as follows:

(1)

A fee of fifteen dollars ($15.00) shall accompany an application for examination as contractor or as a registrant.

(2)

An additional fee of one hundred dollars ($100.00) shall be required for the initial issuance of the license of a general contractor, upon successful passage of the examination.

(3)

An additional fee of fifty dollars ($50.00) shall be required for the initial issuance of the license a specialty contractor, upon successful passage of the examination or registration.

(4)

A fee of fifty dollars ($50.00) shall be required for every annual renewal of a license or registration.

(5)

Each applicant shall submit a certificate of insurance pursuant to section 7-99(i) in the following minimum amounts:

General contractor .....$500,000.00

Specialty contractor ..... 500,000.00

(p)

All fees assessed and collected by the board of examiners shall be paid into the treasury of Lake Station, Indiana, and shall be credited to the general fund.

(q)

All construction work in progress on a specific project on the effective date of passage of this article shall be allowed to be completed without the issuance of a license or a certificate of registration as provided herein on the condition that such work shall be completed within twelve (12) months after the effective date of passage hereon.

(r)

In the event a licensee or a certificate holder shall have been convicted in this or any other state of obtaining money under false pretenses, extortion, forgery, embezzlement, or criminal conspiracy to defraud, and a duly certified or exemplified copy of the record in the proceeding is filed with the board, the board shall revoke the license or certificate of registration issued to the licensee or registrant. In the event of the revocation or suspension of the license issued to any member of a partnership, association, or corporation or an employee thereof, the license issued to the partner(s), or member(s) of the firm, association, or corporation shall be revoked unless, within the time fixed by the board, where a partnership or association, the connection of the member or employee whose license has been suspended (or revoked) shall be severed and his interest in the partnership or association, or his employment thereby in the case of an employee, be terminated and his share in its activities brought to an end, or where a corporation, the offending officer or employee shall be discharged and shall have no further participation in the corporation activities.

(s)

It is required that all plumbing contractors who are licensed by the State of Indiana shall pay a registration fee as required herein. Failure to register as required by this article, and upon certification of said failure to the board of examiners, at the discretion of the board, may constitute a basis for suspension of any plumbing contractor's registration certificate issued under this article. Repeated and intentional violation of the registration requirements may, at the discretion of the board of examiners constitute a basis for the revocation of the plumbing contractor's registration certificate, which proceedings for suspension or revocation shall be conducted pursuant to section 7-100. The issuance of a certificate of registration shall be without oral or written examination.

(t)

It is required that all septic tank and cesspool services contractors who are licensed by the State of Indiana shall pay a registration fee as required herein. Failure to register as required by this article, and upon certification of said failure to the board of examiners, at the discretion of the board, may constitute a basis for suspension of any septic tank and cesspool services contractor's registration certificate issued under this article. Repeated and intentional violation of the registration requirement, may, at the discretion of the board of examiners, constitute a basis for the revocation of the septic tank and cesspool services contractor's registration certificate, which proceedings for suspension or revocation shall be conducted pursuant to section 7-100. No oral or written examination shall be required of septic tank and cesspool services contractors.

State Law reference— Septic tank and cesspool services contractors, I.C. 25-35-1-1—25-35-1-8.

(u)

Every contractor and every specialty contractor shall carry his contractor's identification card or certificate of registration card and display on demand on any job location where he is engaged in contracting.

(v)

Replacement of any license or certificate of registration which has become lost, destroyed, or mutilated may be issued by the secretary of the building department upon payment of five dollars ($5.00) to the clerk-treasurer and the filing of an affidavit detailing the circumstances for such request by the licensee or certificate holder.

(w)

A contractor shall plainly and prominently display on all vehicles and motorized equipment owned or leased by him and used within the city, the firm or company name appearing on his city license issued pursuant to this chapter, the license identification number, and the firm or company telephone phone number.

(Ord. No. 99-02, § 3, 2-18-99; Ord. No. 2005-04, 2-3-2005)

State Law reference— Licensing of contractors in Lake and Porter Counties, I.C. 22-11-3.1-1.

The hearing authority of the building department shall be empowered to temporarily suspend or permanently revoke the license or certificate of registration of any contractor or specialty contractor who, if after due proceeding, shall be found to be guilty of the performance or attempt to perform any of the following prohibited acts or omissions:

(a)

Deliberate misrepresentation of any material fact, fraud or deceit in obtaining a license.

(b)

Gross negligence or gross incompetency while engaged in the business of acting in the capacity of a contractor or specialty contractor within the meaning of this article.

(c)

Aiding, abetting or knowingly combining or conspiring with an unlicensed person with the intent to evade the provisions of this article.

(d)

Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the licensee as a contractor or specialty contractor.

(e)

Diversion of funds or property received in the performance and/or completion of a specified construction project where, as a result of the diversion, the contractor is or will be unable to complete or fulfill the terms of his obligation or contract.

(f)

Willful or deliberate disregard of the building code of the City of Lake Station, Indiana, or any rules or regulations promulgated pursuant thereto.

(g)

Negligent disregard of plans or specifications in any material respect, without the consent of the person entitled to have the particular construction project or operation completed.

(h)

The doing of any willful or fraudulent act by the licensee or registration holder as a contractor or specialty contractor while engaged in any project for which a permit is required in the City of Lake Station in consequence of which another suffers serious bodily injury.

(i)

Failure to comply with the provisions of this article.

(j)

Whenever a stop work order has been issued pursuant to section 7-85 of this Code and all other applicable sections of the building code, and is subsequently disregarded.

The building department shall in the name of the City of Lake Station bring action in the superior or circuit courts of Lake County, Indiana, for mandatory and/or injunctive relief in the enforcement of, and to secure compliance with any order or orders made by the building department, and with any such action for mandatory and/or injunctive relief may be joined an action to recover the penalties provided for in this article. In the event that any person shall fail to comply with the terms and conditions of this article, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees, and expenses incident thereto, all without relief from valuation and appraisement laws.

(a)

If any person, firm or corporation shall violate any of the provisions of this article, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the building department, or shall fail, neglect or refuse to obey any lawful order given by the building department in connection with the provisions of this article, for each violation, failure or refusal, such person, firm or corporation shall be subject to the provisions of section 1-9 of this Code.

(b)

Additionally, in the event a person shall fail to comply with the terms and conditions of this article, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees and expenses incident thereto, all without relief from valuation and appraisement laws.

(c)

Each day a violation of this article is committed or permitted to continue shall constitute a separate offense.

(a)

All future horizontal boring shall be a minimum distance of ten (10) feet from any existing underground city utility to lessen the chance of damage being done to the boring sought to be installed or to utilities upon maintenance.

(b)

All borings shall be located by a licensed and bonded locating service and approved by the Lake Station City Engineer.

(c)

All companies, contractors, or sub-contractors shall be licensed in accord with current building department requirements for all contractors.

(d)

To obtain a permit, a complete plan should be submitted containing, but not limited to, the following:

(1)

A diagram showing the existing underground lines within twenty (20) feet of the proposed horizontal boring.

(2)

A detailed diagram showing the beginning of where the boring starts and where the line in the boring ends.

(3)

The boring company shall be responsible for the removal of any debris created by the boring.

(4)

The boring company shall make every effort to repair and restore any property damaged by the boring.

(5)

The boring shall make all application through the Lake Station Building Department and tender all fee associated therein to the Lake Station Building Department.

(6)

Said fee shall be surrendered to the clerk treasurer's office upon application for the permit.

(7)

The fee assessed shall be placed in the building fund to pay the city engineer for any necessary review and approval of the boring.

(8)

The fee shall be one dollar and fifty cents ($1.50) per foot of the boring in accord with the plans submitted with a minimum charge of twenty dollars ($20.00).

(9)

Upon granting of the permit the entire document shall be recorded in the Lake County Recorder's Office with a receipt for the recording being delivered to the Lake Station Building Department.

(10)

The application shall also include an estimate of when the boring is to start and an estimated date of completion.

(11)

All final inspections shall be conducted by the building commissioner with an additional fee of fifteen dollars ($15.00). If the building commissioner has to return due to a violation, he may charge an additional fee of fifteen dollars ($15.00) for work ofless than twenty (20) feet with an additional charge of one dollar ($1.00) per foot up to a maximum charge of one hundred dollars ($100.00).

(12)

A hold harmless agreement shall be signed and executed indemnifying the City of Lake Station for any damage done to the line during the city's regular course of business.

(e)

The term "horizontal boring" shall include directional boring, horizontal drilling, trenchless boring, auger boring, and any similar method.

(f)

All license, application, and permitting requirements shall be complied with prior to completing work.

(g)

A violation of this ordinance shall be punishable by a fine of no less than three hundred dollars ($300.00) as a first offense and no less than one thousand dollars ($1,000.00) for any subsequent offenses within a twenty-four-month period. Nothing in this section shall limit or otherwise prevent the city from assessing maximum fines of two thousand five hundred ($2,500.00) for first offenses and seven thousand five hundred dollars ($7,500.00) for subsequent offenses.

( Ord. No. 2019-10 , 4-11-2019)

This Article and all ordinances supplemental or amendatory hereto shall be known as the "Building Code of the City of Lake Station, Indiana."

The purpose of this Code is to provide minimum standards for the protection of life, limb, health, environment, public safety and welfare, and for the conservation of energy in the design and construction of buildings and structures.

The provisions of this Article apply to the construction, alteration, repair, use, occupancy, and maintenance and additions to all buildings and structures, including fences, in the City of Lake Station.

Unless otherwise provided by this Article, the Building Department is authorized and directed to administer and enforce all of the provisions of this Article. Whenever this Article provides that anything must be done to the approval of or subject to the direction of the Building Department, or any of its officers or employees, this shall be construed to give such officer or employee only the discretion of determining whether the rules and standards established by this Article have been complied with; and no such provision shall be construed as giving any officer or employee discretionary powers as to what such regulation, codes, or standards shall be, or the power to require conditions not prescribed by this Article or to enforce the provisions of this Article in an arbitrary or discriminatory manner.

The City, for purposes of subscribing regulations governing conditions hazardous to life and property from fire or explosion adopts and incorporates the "Fire Prevention Code" recommended by the American Insurance Association, being particularly the 1976 edition except for such portions as are deleted, modified or amended by this Code. Two (2) copies are on file with the Building Department of Lake Station and are available for public inspection. The provisions thereof are in accordance with standard safe practices and embody widely recognized standards and codes of good practice for fire prevention and fire protection.

(Ord. No. 80-52, § 1, 11-5-80)

The Fire Prevention Code shall be enforced by the Chief of the Lake Station Fire Department or a duly designated representative thereof, and his duties shall encompass the enforcement of the Fire Prevention Code and be synonymous with the Bureau of Fire Prevention as set forth in the Fire Prevention Code of 1976 which is adopted and incorporated.

(Ord. No. 80-52, § 2, 11-6-80)

(a)

In the event the Fire Prevention Code of 1976 as adopted shall in any way conflict with the Indiana Code requirements, the Indiana Code requirement shall control.

Whenever any of the officers, members or inspectors of the Fire Department shall find in any building or upon any premises dangerous or hazardous conditions or materials as follows, they shall order such dangerous conditions or materials to be removed or remedied in such a manner as may be specified by the Chief of the Fire Department:

(1)

Dangerous or unlawful amounts of combustible or explosive or otherwise hazardous materials;

(2)

Hazardous conditions arising from defective or improperly installed equipment for handling or using combustible or explosive or otherwise hazardous materials;

(3)

Dangerous accumulations of rubbish, wastepaper, boxes, shavings or other highly flammable materials;

(4)

Accumulations of dust or waste material in air conditioning or ventilating systems or of grease in kitchen or other exhaust ducts;

(5)

Obstructions to or on fire escapes, stairs, passageways, doors or windows, liable to interfere with the operations of the Fire Department or egress of occupants in case of fire;

(6)

Any building or other structure which, for want of repairs, lack of sufficient fire escapes or other exit facilities, automatic or other fire alarm apparatus or fire-extinguishing equipment, or by reason of age or dilapidated condition, or from any other cause, creates a hazardous condition.

The service of orders provided above for the correction of violations of this Article shall be made upon the owner, occupant or other person responsible for the conditions, either by delivering a copy of the same to such person or by delivering the same to and leaving it with any person in charge of the premises, or in case no such person is found upon the premises, by affixing a copy thereof in a conspicuous place on the door to the entrance of the premises. Whenever it may be necessary to serve such an order upon the owner of the premises, such order may be served either by delivering to and leaving with the person a copy of such order, or, if such owner is absent from the jurisdiction of the officer making the order, by sending such copy by certified or registered mail, return receipt requested to the owner's last known post office address.

(a)

A permit shall be required to maintain, store or handle materials, or to conduct processes, which produce conditions hazardous to life or property, or to install equipment used in connection with such activities. Such permit does not take the place of any license required by State or Federal law. Such permit shall not be transferable and any change in use or occupancy of the premises shall require a new permit.

(b)

Before a permit may be issued, the Chief of the Fire Department, or his duly designated representatives, shall make or cause to be made such inspections or tests as are necessary to assure compliance with the provisions of this Article.

The Chief of the Fire Department may revoke a permit or approval issued if any violation of this Article is found upon inspection or in case there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based.

This Division nor any other provision of this Code shall not be construed to hold the City of Lake Station responsible for any damage to persons or property by reason of the inspection or reinspection authorized herein or failure to inspect or reinspect, or by reason of the permit issued as herein provided or the approval or disapproval of any equipment authorized herein.

(a)

The Chief of the Fire Department shall advise the Board of Public Works and Safety in writing of the need and necessity for the designation of certain areas on public or private property as a "Fire Lane" in order that said property may be properly serviced by the Fire Department as circumstances dictate.

(b)

Upon such a recommendation by the Chief of the Fire Department the Board of Public Works and Safety shall act accordingly and direct that such area as it may designate as a Fire Lane be marked and posted as such within a period of time to be not less than fourteen (14) days.

(c)

If the area so designated as a Fire Lane is on public property, the marking and posting of same shall be performed by the Street Department of the City.

(d)

If the area so designated as a Fire Lane is on private property, the marking and posting of same shall be at the expense of the owner thereof.

(e)

The failure of any private owner to comply with the provisions of this section shall constitute a public nuisance.

It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure, including fences, in the city or cause or permit the same to be done, contrary to, or in violation of the provisions of this article.

All persons shall have the right to appeal a decision of the building department as to the administration of this article to the hearing authority as established by I.C., 36-7-9-1 et seq., then:

(a)

Through the executive committee of the fire prevention and building safety commission, in accordance with the provisions of I.C., 22-11-1-21.5; or

(b)

To the circuit or superior court of the county as the case may be, as applicable in accordance with the provisions of I.C., 36-7-9-8.

State Law reference— Appeals, I.C., 36-7-9-8; fire prevention and building safety commission, I.C., 22-11-5-2.

(a)

The following rules, regulations and codes identified in this section are adopted by reference as the rules, regulation and codes governing the construction and alterations of buildings and structures in the city. Any changes in the rules, regulations and codes adopted by reference shall automatically become the rules and regulations governing the city.

Two (2) copies of the following rules and regulations are on file for reference in the office of the Lake Station Building Department and are available for public inspection during regular business hours.

(1)

Construction rules. Construction rules and regulations originally published as 3 IR 2148 are incorporated herein and adopted by reference.

(2)

Electrical rules. The Indiana Electrical Code originally published as 8 IR 1010 are incorporated herein and adopted by reference.

(3)

Plumbing rules. The Indiana Plumbing Rules originally published as 4 IR 2398 are incorporated herein and adopted by reference.

(4)

Mechanical rules. The Indiana Mechanical Rules originally published as 4 IR 1828 are incorporated herein and adopted by reference.

(5)

One and two family dwelling rules. The Indiana One & Two Family Dwelling Rules originally published as 7 IR 1870 are incorporated herein and adopted by reference.

(6)

Indiana Energy Conservation Rules. The Indiana Energy Conservation Code originally published as 7 IR 2525 are incorporated herein and adopted by reference.

(7)

Swimming pool rules. The Indiana Swimming Pool Rules originally published as 5 IR 1829 are incorporated herein and adopted by reference.

(8)

Administrative code. The Indiana Administrative Code as it relates to the subject matter of this article, as set forth in I.C., 4-22-2-11, is incorporated herein and adopted by reference.

(9)

Manufactured homes. The Indiana Standard to Permanent Installation of Manufactured Homes originally published as 6 IR 1729 is incorporated herein and adopted by reference.

(a)

A permit shall be obtained prior to the construction, alteration, enlargement, improvement, conversion, repair, or demolition of any building or structure within the City of Lake Station when the cost of such work exceeds five hundred dollars ($500.00) using forms furnished by the building department.

(b)

A permit shall be obtained prior to occupancy of any building or structure.

(c)

A permit shall be obtained prior to the installation of any solid fuel burning appliance in any building or structure in the City of Lake Station, using forms furnished by the building department.

(d)

A permit shall be obtained prior to the construction of any fence, where fencing is permissible in the city using forms furnished by the building department.

(e)

All permits shall be issued by the building department and all fees provided for herein shall be paid to the clerk-treasurer.

(a)

No permits shall be issued for the foregoing purposes, unless the application for such permit is accompanied by a plat of survey prepared by an Indiana licensed land surveyor of the proposed location showing lot boundaries, and by plans and specifications showing the proposed work.

(b)

All plans submitted for building construction under the authority of the administrative building council shall have affixed thereto an approved certificate of compliance, under the provisions of I.C., 22-11-1-12.

(c)

In all such cases under the authority of the fire prevention and building safety commission no local permits shall be issued hereunder until a certified copy of the release for construction from the fire prevention and building safety commission is filed with the building department.

(Ord. No. 81-20, § 10, 3-17-81)

All work performed pursuant to any permit issued hereunder shall fully comply with the several statutes of the State of Indiana, the Indiana Administrative Code, all applicable federal rules and regulations, and all applicable provisions of this Code, and in addition to the fees for permits hereinafter provided.

(c)

Plumbing fees: Plumbing fixtures is defined as one complete unit placed within the structure for the purpose of receiving water or for modifying temperature or chemical composition of water

Plumbing fixture, each fixture: $6.00.

Minimum fee: $40.00.

(d)

Electrical fees:

$0.50 per AMP for the first 100 AMPS—Residential.

$1.00 per AMP for the first 100 AMPS—Non-residential.

All three (3) phase service: $0.60 per AMP—Residential.
$1.20 per AMP—Non-residential.

Partial release and meter set: Minimum fee: $30.00.

Misc. wiring: Minimum fee: $40.00—Residential.
Minimum fee: $60.00—Non-residential.

(e)

Mechanical fees:

Furnace or central air (replacement or upgrade), per unit .....$50.00

Furnace and central air (replacement or upgrade), per unit .....$90.00

Central air w/ductwork .....$60.00

Furnace w/ductwork .....$60.00

Furnace and central air w/ducts and runs .....$110.00

Furnace w/ductwork and cooling coil .....$90.00

Plus, additional fee when condenser is installed: .....$30.00

Commercial rooftop HVAC (replacement), per unit .....$90.00

Commercial rooftop HVAC (new construction), per unit .....$150.00

Commercial exhaust and range hoods, per unit .....$30.00

Fireplaces .....$20.00

Note:

*Fees are in addition to applicable electrical, plumbing and mechanical fees.

***In multiple use buildings, or mobile or manufactured within a park facility, where individual tenants will have separate electric meter, each meter shall be charged electrical fees ONLY ONCE — either under basic permit or under remodeling permit.

***Each unit requires a separate permit.

(Ord. No. 81-20, § 12, 5-7-81; Ord. No. 2003-16, § I, 3-18-2004; Ord. No. 2009-23, § I, 10-1-2009)

Prior to the issuance of any building permit hereunder, the building department shall:

(a)

Review all building permit applications to determine full compliance with the provisions of this article.

(b)

Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding in accordance with flood regulations found in chapter 10 of this Code.

(a)

Regular inspections. There shall be not less than six (6) inspections required for every building permit which shall be made in the following scheduled order:

(1)

Footing inspection;

(2)

Foundation inspection;

(3)

First rough-in inspection;

(4)

Second rough-in inspection;

(5)

Electrical service;

(6)

Final inspection.

(b)

Additional inspections. All residential re-inspection thirty dollars ($30.00), commercial forty dollars ($40.00), if an inspection is called for and the work does not pass the inspector's approval or upon the failure of a responsible individual to make the premise available for the purpose of inspection as scheduled.

(c)

After the issuance of any permit pursuant to this article, the building department shall conduct such inspections of the work being performed as are reasonably necessary to insure full compliance with the provisions of this article and the terms of said permit.

(Ord. No. 96-21, § 2, 7-18-96; Ord. No. 2003-16, § II, 3-18-2004; Ord. No. 2009-23, § II, 10-1-2009)

(a)

No person, firm, or corporation shall install or cause to be installed a solid fuel burning appliance in any building or structure in the city without obtaining in advance a solid fuel burning appliance permit from the building department.

(b)

The applicant shall file with the department a completed application on the form provided, with all information indicated on the application submitted in full and with all other information required by the department for the enforcement of the building code.

(c)

All installations of solid fuel burning appliances shall be inspected in accordance with the department two (2) times, one each for preliminary venting work and for final, completed installation. The permit holder shall notify the department at least twenty-four (24) hours in advance of the time the work is ready for inspection.

The permit fees are as follows:

(1)

Flue (including chimney and chimney connection) .....$5.00

(2)

Existing masonry chimney (new flue liner) .....$5.00

(3)

Hearth extension (fireplace stove or fireplace insert) .....$5.00

(4)

If work does not pass the inspector's approval or upon the failure of a responsible person to make the premises available for inspection as scheduled, there shall be a reinspection fee of Ten Dollars ($10.00)

(a)

Work start - Work must be started and have received a foundation inspection and approval within six (6) months of permit issuance. If such inspection and approval is not obtained within six (6) months the permit shall become null and void.

(b)

Work continuance - A permit is valid for a period of one (1) year from issuance subject to the above provisions. All work shall be completed within the one (1) year period or the permit must be renewed.

(a)

Permit extensions - The Building Department may, for good cause shown, extend the permit expiration date for up to thirty (30) days, without additional fee, if the extension is requested prior to the normal permit expiration date.

(b)

Permit renewals - Prior to expiration date: A permit may be renewed once if the renewal is requested and the fee is paid prior to the initial expiration date of the permit. The fee for a permit renewal will be as follows:

however, a minimum renewal fee shall be ten dollars ($10.00).

Within Thirty (30) Days of Initial Expiration Date: All expired permits may be renewed once if the renewal is requested within thirty (30) days of its initial expiration and if the fee is paid as follows:

A permit which has been expired for over thirty (30) days, but less than ninety (90) days may be reactivated provided the following fees are paid:

Any permit which has been expired for over ninety (90) days is null and void and a new permit is required and cannot be issued until approved by the Building Department.

No person, firm, partnership, or corporation obtaining a permit under this Article shall assign, transfer, or sublet the permit without written approval of the Building Department. Any permit assigned, transferred, or sublet without this approval shall be null and void.

Any person, firm, partnership, and/or corporation starting construction prior to applying for and receiving a Building Permit shall be charged a fee equal to three (3) times the original fee which is provided for in this Article.

(a)

Whenever any work is being done contrary to the provisions of this Article, the Building Department may order the work suspended by notice in writing served on any persons engaged in the doing or causing such work to be done and as the owner of the project, and such persons shall forthwith stop such work until authorized by the Building Department to proceed with the work.

(b)

The Building Department may, without notice, temporarily suspend any permit issued hereunder by the issuance of a STOP WORK ORDER upon the following grounds:

(1)

Upon his determination that a violation of the terms of this Article has occurred and that irreparable harm will result unless the project is immediately suspended.

(2)

Upon his determination that a violation of any of the specifications, rules, regulations and/or special conditions of the permit has occurred and that irreparable harm will result unless the project is immediately suspended.

(3)

In the event of damage to private and/or public property in the immediate vicinity of the project, the Building Department is empowered to issue a STOP WORK ORDER. The issuance of such a STOP WORK ORDER shall constitute a suspension of the permit until such time as remedial action has been taken by the permittee to the satisfaction of the Building Department. All remedial action shall include the restoration of all private and/or public property so damaged to its pre-existing condition. In the event the permittee shall fail to commence and complete remedial action within the period of time as set forth in such notice thereof, and the City shall be empowered to commence proceedings against the permittee or his surety. Any damages collected by the City of Lake Station as the result of such proceedings shall inure to the benefit of the damaged property owner(s).

(4)

In all cases upon the issuance of a STOP WORK ORDER, additional notice of same shall be forwarded by the Building Department to the permittee at the address indicated on the application for such permit by certified or registered mail, return receipt requested.

(5)

Said notice shall contain the legal description or address of the property that is subject to the order, and inform the permittee of the basis for the issuance of such STOP WORK ORDER as well as the required remedial action to correct the condition(s) which necessitated the issuance of the ORDER and the time period within which such conditions shall be corrected.

(6)

In the event remedial action is not commenced and completed within the period of time as set forth in such notice, the suspension of the permit shall constitute an administrative revocation thereof, and the City shall be empowered to commence proceedings against the permittee for any damages suffered, fees, charges, assessments and reasonable attorney fees and expenses incident thereto, all without relief from valuation and appraisement laws.

(7)

All STOP WORK ORDERS and the suspension of any permit by the issuance thereof or any administrative revocation may be appealable to the Building Department Hearing Authority upon the filing of a notice of appeal with the Clerk-Treasurer within twenty-one (21) days after the issuance of such STOP WORK ORDER or an administrative revocation of permit. Within fourteen (14) days after the filing of such notice of appeal with the Clerk-Treasurer, a hearing, with reasonable notice of at least three (3) days to the permittee, shall be scheduled by the Hearing Authority. Any person with an interest in the proceedings may appear in person or by counsel at the hearing. Such person appearing at the hearing is entitled to present evidence, cross examine opposing witnesses, and present arguments. If the Hearing Authority finds that the permittee has willfully violated a term or condition of the permit or has willfully done or permitted to be done an act in violation of a statute or ordinance relating to the permit issued, the Hearing Authority shall suspend or revoke the permit upon such conditions as it may deem appropriate. The Board shall file a copy of its findings and determination with the Clerk-Treasurer within twenty-four (24) hours after issuance.

(8)

Neither suspension nor revocation of any permit shall bar prosecution for violations of this Article.

All work on the construction, alteration, and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.

The Building Department shall in the name of the City of Lake Station bring actions in the Superior or Circuit Courts of Lake County, Indiana, for mandatory and/or injunctive relief in the enforcement of, and to secure compliance with any order or orders made by the Building Department, and with any such action for mandatory and/or injunctive relief may be joined an action to recover the penalties provided for in this Article. In the event that any person shall fail to comply with the terms and conditions of this Article, the City of Lake Station shall be entitled to recover all delinquent fees, and all reasonable attorney fees, and expenses incidental thereto, all without relief from valuation and appraisement laws.

(a)

If any person, firm or corporation shall violate any of the provisions of this Article, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Building Department, or shall fail, neglect or refuse to obey any lawful order given by the Building Department in connection with the provisions of this Article, for each such violation, failure or refusal, such person, firm or corporation shall be subject to the provisions of Section 1-9 of this Code.

(b)

Additionally, in the event a person shall fail to comply with the terms and conditions of this Article, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees and expenses incident thereto, all without relief from valuation and appraisement laws.

(c)

Each day a violation of this Article is committed or permitted to continue shall constitute a separate offense.

For the purposes of this Division, "surface" means and includes the pavement, drains, sewers and appurtenances, curbs and sidewalks and any and all surface materials which are a part of the streets, alleys, boulevards and other public thoroughfares.

No person shall cut, break, alter, change or disturb the surface by doing work upon or under the surface of any street, alley, boulevard or other public thoroughfare in the City without first obtaining a permit.

(a)

No person shall cut, alter, change, break or disturb the surface of any street, alley, boulevard or other public thoroughfare by any work to be done upon or under the surface of any street, alley, boulevard or other public thoroughfare within the City, such person shall make application therefor on forms to be provided by the Board of Public Works and Safety of the City. In such application the applicant shall set forth the name, address and occupation of each person seeking such permit, the reason for the permit, the nature of the work to be performed, the dates when such work is expected to be commenced and completed, and the location and the area of the surface to be broken. Such application shall have attached thereto a clearly drawn plat of survey prepared by an Indiana licensed land surveyor of the site of the proposed project including the legal description thereof, and the location, distances, and dimensions of all work to be performed.

(b)

The applicant shall submit a proposed plan for ensuring public safety during the term of the permit for each worksite. Said plan shall be subject to the approval of the Board of Public Works and Safety.

(c)

The re-setting of public utility poles shall be exempt from the provisions of this Division.

Permits may be issued by the Board of Public Works and Safety only after such application shall be filed in duplicate, and after the Board shall have full and complete information in respect thereto as well as the payment of all requisite fees.

(Ord. No. 50-299, 2-2-50, Code § 911.04)

Before any permit issued under this Division is granted, the applicant shall pay a fee of ten dollars ($10.00) per cut, alteration, change, break or disturbance of the street surface the Clerk-Treasurer of the City. However, where the applicant is a public utility company and such public utility company files, on their own duplicate forms, a request for approval of any extension of utility service, and such forms show the location and position of the proposed extension, and where the proposed extension is over or on an unimproved public thoroughfare or right of way, no permit fee shall be required for the approval of such request for such extensions.

(Ord. No. 50-299, 2-2-50, Code § 911.05)

The Board of Public Works and Safety shall at its next regular meeting act upon such application, either granting the permit or denying same. The Board may continue the matter for further investigation until its next regular meeting and at such next regular meeting shall either grant or deny such application.

(Ord. No. 50-299, 2-2-50, Code § 911.06)

Whenever a permit has been granted under this Division to cut, alter, change, break or disturb the surface of any street, alley, boulevard or other public thoroughfare in respect to any work to be done upon or under the surface of any such street, alley, boulevard or public thoroughfare, both the surface and the surface thereof shall be governed by the following specifications:

(a)

Backfill: All excavations under pavement shall be backfilled in accordance with Backfilling Engineering Standards adopted by the Board, of which two (2) copies shall be maintained in the Building Department and open for public inspection during regular business hours.

(b)

Pavement replacement: All pavement shall be replaced with a type of construction equal to or better than that which is removed as approved by the City Engineer. All cuts in concrete pavement shall be first outlined with a saw cut not less than one and one-half (1 1/2) inches.

(c)

Concrete or brick pavements: Concrete used in replacement of concrete or brick pavements not presently surfaced with an asphaltic material shall be Class A, Type I, as prescribed in the City Standards. Brick pavements will be replaced with eight (8) inches of concrete, except in some residential streets where the City Engineer may require the brick to be replaced.

Where concrete that has an asphaltic concrete surface is replaced, Class B, Type I, as prescribed in the City Standards shall be used and the concrete shall be finished flush with the surface of the existing concrete and the asphaltic surface replaced.

(d)

Hot asphaltic concrete, sheet asphalt, emulsified asphalt, chip seals, and oil mat pavements: All asphaltic and oil type pavements shall be replaced with a hot asphaltic concrete surface conforming to Section D3, Hot Asphaltic Concrete Base, Binder and Surface of the latest Indiana State Highway Standard Specifications. The thickness of the pavement shall be equal to that which existed, but not less than three (3) inches. Not less than eight (8) inches of coarse aggregate Class A or B, Size No. 53 Section K3 of the State Highway Specifications shall be placed under any asphaltic concrete patch unless a concrete base is necessary. Asphalt placed over a concrete patch shall be cut back six (6) inches around the concrete patch so that the two (2) joints are offset.

(e)

Temporary patch: If it is not possible, due to weather conditions, for the contractor to replace the pavement within fourteen (14) days following completion of the work, a coarse aggregate base eight (8) inches thick and a cold asphaltic surface shall be applied and maintained as a temporary patch until permanent repairs can be made. In no case shall a temporary patch be maintained more than six (6) months before permanent repairs are made.

Barricades lighted with flashing lights and reflectors shall be maintained at each site by the party to whom the permit is issued, and the party shall maintain such safety barriers until the excavation is completed. The number and placement of such barricades shall be subject to the approval of the Superintendent of the Local Road and Street Department under the supervision of the Chief of Police.

(a)

At the time of making the request for a permit under Section 7-50, the person desiring to make an opening or excavation shall file a bond payable to the City is such sum as the Board of Public Works and Safety may designate. The form of the bond shall be approved by the City Attorney and the surety shall be approved by the Board.

(b)

The condition of the bond shall be that the applicant shall conform to the provisions of this Division, any and all specifications, rules, regulations, and special conditions prescribed by the Board, and shall protect and save harmless the City of Lake Station from any and all liability, damages and expenses which said City may sustain by reason of any violation by the applicant of any of the provisions of this Division, specifications, rules, regulations, and special conditions of the permit including reasonable attorney fees and all expenses incidental thereto, all without relief from valuation and appraisement laws.

(c)

Any public utility operating under the jurisdiction of the Public Service Commission of the State of Indiana may give an indemnifying agreement in lieu of such bond.

(d)

Any person desiring to make any opening or excavation as provided herein shall also carry insurance against all personal injury and property damages claims which may arise from the performance of such work in such amounts as may be established by the Board of Public Works and Safety and, in case of a single or continuing bond, shall maintain on file in the office of the Board evidence of the continuation in force of such insurance throughout the term for which any such bond is issued.

The Board of Public Works and Safety shall, through the City Engineer, require periodic inspection of all pavement repairs. If for any reason, within a period of one (1) year, there is an indication of settlement of the repaired area or deterioration of the paving material, the permit shall be required to make the necessary repairs as specified by the City Engineer. The failure of the permittee to make such repairs will result in the bonding company being required to make the necessary repairs.

(a)

Whenever any work to be done below the surface of any street, alley, boulevard or public thoroughfare shall involve an emergency wherein the public health, safety or welfare is affected, or where danger to life or property may ensure due to the delay in obtaining any such permit, any person, firm or corporation may proceed immediately to cut, alter, change, break or disturb the surface of any street, alley, boulevard or public thoroughfare and proceed with such emergency work.

(b)

However, any such person, firm or corporation so proceeding shall thereafter, and not later than seventy-two (72) hours thereafter, make application for such permit as hereinbefore provided.

(c)

Such application, among other things shall indicate that work has already commenced and state in detail the facts in connection with such emergency.

(d)

If thereafter the Board of Public Works and Safety shall determine that no emergency existed warranting immediate action, it may take whatever steps shall be necessary to immediately stop the progress of such work and the cutting, altering, changing, breaking, or disturbing such surface of any street, alley, boulevard, or public thoroughfare shall be considered a violation of the provisions of this Chapter.

The City Engineer may, without notice, temporarily suspend any permit issued hereunder by the issuance of a STOP WORK ORDER upon the following grounds:

(1)

Upon his determination that a violation of the terms of this Division has occurred and that irreparable change in the condition of the land will result unless the excavation operation is immediately suspended.

(2)

Upon his determination that a violation of any of the specifications, rules, regulations or special conditions of the permit has occurred and that irreparable change in the condition of the land will result unless the excavation is immediately suspended.

(3)

In the event of damage to private and/or public property in the immediate vicinity of the excavation site by dumping, spilling or blowing material, the City Engineer is empowered to issue a STOP WORK ORDER. The issuance of a STOP WORK ORDER shall constitute a suspension of the permit until such time as remedial action has been taken by the permittee to the satisfaction of the City Engineer. All remedial action shall include the restoration of all private and/or public property so damaged to its pre-existing condition. In the event the permittee shall fail to commence and complete remedial action within 30 days subsequent to the issuance of a STOP WORK ORDER, the suspension of the permit shall constitute an administrative revocation thereof, and the City shall be empowered to commence proceedings against the permittee or his surety. Any damages collected by the City of Lake Station as the result of such proceedings shall inure to the benefit of the damaged property owner(s).

(4)

That upon the issuance of a STOP WORK ORDER, additional notice of same shall be forwarded by the City Engineer to the permittee at the address indicated in the application for such permit by certified or registered mail, return receipt requested.

(5)

Said notice shall inform the permittee of the basis for the issuance of such STOP WORK ORDER as well as the required remedial action to correct the condition(s) which necessitated the issuance of the ORDER and the time period within which such conditions shall be corrected.

(6)

In the event remedial action is not commenced and completed within the period of time as set forth in such notice, the suspension of the permit shall constitute an administrative revocation thereof, and the City shall be empowered to commence proceedings against the permittee or his surety for any damages suffered.

(7)

All STOP WORK ORDERS and the suspension of any permit by the issuance thereof or an administrative revocation may be appealable to the board upon the filing of a notice of appeal with the Clerk-Treasurer within twenty-one (21) days after the issuance of such STOP WORK ORDER or an administrative revocation of permit. Within fourteen (14) days after the filing of such notice of appeal with the Clerk-Treasurer, a hearing, with reasonable notice of at least three (3) days to the permittee, shall be scheduled by the Board. The Board may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. To the extent they can be applied, the Indiana Rules of Trial Procedure, including the right to appear by counsel and to compel the attendance of witnesses; to present evidence, cross-examine opposing witnesses and present argument shall apply to these proceedings. If the Board finds that the permittee has willfully violated a term or condition of the permit or has willfully done or permitted to be done an act in violation of a statute or this Code relating to the permit issued, the Board shall revoke or suspend the permit upon such conditions as it may deem appropriate. The Board shall file a copy of its findings and determination with the Clerk-Treasurer within twenty-four (24) hours after issuance.

(8)

Neither suspension nor revocation of any permit shall bar prosecution for violations of this Division.

The Board of Public Works and Safety shall, in the name of the City of Lake Station, bring actions in the Superior or Circuit Courts of Lake County, Indiana, for mandatory and/or injunctive relief in the enforcement of, and to secure compliance with any order or orders made by the Board, and with any such action for mandatory and/or injunctive relief may be joined an action to recover the penalties provided for in this Division. In the event that any person shall fail to comply with the terms and conditions of this Division, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees, and expenses incident thereto, all without relief from valuation and appraisement laws.

Anyone violating the provisions of this Division shall be subject to the penalty provisions of Sec. 1-9.

It shall be unlawful for any person, firm, corporation or entity hereinafter referred to as "person" to excavate or remove, or cause to be excavated or removed, or to take or carry away, or to cause to be taken or carried away, any sand, soil, earth or rock from any land within the City of Lake Station, for any purpose whatsoever, before said person shall first have obtained a permit for purpose from the Common Council of the City of Lake Station, hereinafter referred to as the "Council", or except as may be permitted under Section 7-71.

(a)

It shall be unlawful for any person to excavate or remove or cause to be excavated or removed, any sand, soil, earth or rock from any land within the City of Lake Station, for any purpose whatsoever, below existing and established contiguous street grades, or except as may be permitted under Sections 7-71 and 7-72. In those areas where no established contiguous street grades exist, it shall be unlawful for any person to excavate or remove, or cause to be excavated or removed, any sand, soil, earth, or rock from any land within the City of Lake Station, for any purpose whatsoever, below an elevation to be determined by the City Engineer, said elevation to be consistent with any possible future extension of the closest existing street or alley into said areas.

(b)

It shall be unlawful for any person to excavate or remove or cause to be excavated or removed, any sand, soil, earth or rock from any residential district, as defined in the Zoning Ordinance of the City of Lake Station, within the corporate limits of the City, except to the extent that such excavation or removal may be necessary for the actual construction of permitted structures within such residential districts, provided that all permits required by the Code shall be obtained prior to any such excavation or removal, or except as may be permitted under Sections 7-71 and 7-72.

(c)

It shall be unlawful for any person to excavate or remove or cause to be excavated or removed, any sand, soil, earth or rock from any land within the City of Lake Station, for any purpose whatsoever, without erecting and maintaining proper barricades or other suitable protective devices, to prevent said sand, soil, earth or rock from blowing over or spilling upon other private or public property in the immediate area of the excavation.

(d)

It shall be unlawful for any person to terminate any permitted excavation operation by leaving the excavated site in a condition that constitutes a hazard to the health or safety of others.

Application for a permit to excavate or remove, take or carry away any sand, soil, earth or rock shall be made to the Council on the application form prescribed by it. Applications for any such permit shall include the following:

(1)

A vicinity map of the site and surrounding area showing streets, highways and other landmarks in the immediate area surrounding the proposed excavation site.

(2)

A plat of survey of the site of the proposed excavation, including the legal description of the site.

(3)

A topographic survey of the site and adjacent existing streets and other improvements. Topographic data shall be shown by contours not exceeding a two-foot interval at a scale not less than one (1) inch equaling one hundred (100) feet. The survey shall show the elevation(s) to which the proposed excavation will be made.

(4)

An accurate estimate of the amount of sand or other materials (in cubic yards) expected to be removed during the life of the permit.

(5)

The proposed routes to be used by vehicles in the removal of any material from the site shall be shown on the vicinity map. Approval of the proposed routes by the Chief of Police of the City of Lake Station must be attached to the application before the Council.

(6)

All maps and data, as required and described in Sub-paragraphs (1), (2), (3), (4), and (5) of Section 7-68, shall be prepared by an Indiana licensed land surveyor.

(7)

Upon completion of the excavation operation, the applicant shall submit to the City an as-built drawing, prepared and duly certified by an Indiana licensed land surveyor, showing the elevations of the area excavated, for determination of conformance with the proposed excavation limits of the permit.

(8)

The applicant shall furnish with the application current title minutes as to the fee simple ownership of the subject property.

(9)

If the applicant shall be any person other than the fee simple owner of the land, the applicant shall file, as a part of his application, an affidavit from the fee owner indicating that the applicant has the owner's permission for such excavation or removal.

(10)

A certificate of zoning clearance from the office of the Building Department.

(11)

A statement explaining in detail the protection and precautionary methods to be employed by the applicant to prevent the excavated material from dumping, spilling or blowing upon other private or public property in the immediate area of the excavation.

The Council may impose any specifications, rules, regulations or special conditions, in the granting of an excavation permit, that may be required for the protection of the public health, safety and welfare. Any such specifications, rules, regulations or special conditions shall be in writing, shall be attached to the permit itself, and shall become a part of the permit. A condition of such permit shall be that the City Engineer or his duly designated representative shall have unrestricted access to the real estate as to which a permit is issued at all times.

The applicant shall be required to post a liability bond payable to the City of Lake Station at the time of issuance of any permit by the Council. The amount of the bond for each applicant shall be set by the Council, but in no event shall the amount be less than ten thousand dollars ($10,000.00). The form of the bond shall be approved by the City Attorney and the surety shall be approved by the Council. The condition of the bond shall be that the applicant will conform to the provisions of the Division, any and all specifications, rules, regulations and special conditions prescribed by the Council, and shall protect and save harmless the City of Lake Station from any and all liability, damages and expenses which said City may sustain by reason of any violation by the applicant of any of the provisions of the Division, specifications, rules, regulations and special conditions of the permit including reasonable attorney fees and all costs incidental thereto.

For the following listed exceptions, no permit or bond shall be necessary, but all other provisions of the Division pertaining to the protection of private or public property in the immediate vicinity of the excavation site shall remain in full force and effect.

(1)

Sand or materials which are removed or moved in connection with excavations for construction or alteration of structures or accessory uses (such as parking areas, landscaping or gardening) in cases where valid building permits have been issued and are in force and effect at the time of the removal.

(2)

Sand or materials which are removed or moved in cases involving public health and safety.

(3)

Sand or materials which are removed or moved in connection with the installation or repair of public utilities, street grading and sewer installation.

(4)

All cases of grading without removal of sand or other materials therefrom.

(5)

Sand or materials which are removed or moved in those subdivisions which have received the primary approval of the Plan Commission.

(6)

All cases where the aggregate volume of sand or material removed within any period of 365 days does not exceed ten (10) cubic yards.

The Council shall be authorized to permit excavations below existing and established contiguous street grades only in those cases where the excavation can be used for public or public access recreational purposes. In such cases, the Council shall have the authority to specify, as a prior condition to granting the permit, that the land shall be dedicated as a public facility to the City of Lake Station.

The City Engineer may, without notice, temporarily suspend any permit issued hereunder by the issuance of a STOP WORK ORDER upon the following grounds:

(1)

Upon his determination that a violation of the terms of this Division has occurred and that irreparable change in the condition of the land will result unless the excavation operation is immediately suspended.

(2)

Upon his determination that a violation of any of the specifications, rules, regulations or special conditions of the permit has occurred and that irreparable change in the condition of the land will result unless the excavation is immediately suspended.

(3)

In the event of damage to private and/or public property in the immediate vicinity of the excavation site by dumping, spilling or blowing material, the City Engineer is empowered to issue a STOP WORK ORDER. The issuance of a STOP WORK ORDER shall constitute a suspension of the permit until such time as remedial action has been taken by the permittee to the satisfaction of the City Engineer. All remedial action shall include the restoration of all private and/or public property so damaged to its pre-existing condition. In the event the permittee shall fail to commence and complete remedial action within 30 days subsequent to the issuance of a STOP WORK ORDER, the suspension of the permit shall constitute an administrative revocation thereof, and the City shall be empowered to commence proceedings against the permittee or his surety. Any damages collected by the City of Lake Station as the result of such proceedings shall inure to the benefit of the damaged property owner(s).

(4)

That upon the issuance of a STOP WORK ORDER, additional notice of same shall be forwarded by the City Engineer to the permittee at the address indicated in the application for such permit by certified or registered mail, return receipt requested.

(5)

Said notice shall inform the permittee of the basis for the issuance of such STOP WORK ORDER as well as the required remedial action to correct the condition(s) which necessitated the issuance of the ORDER and the time period within which such conditions shall be corrected.

(6)

In the event remedial action is not commenced and completed within the period of time as set forth in such notice, the suspension of the permit shall constitute an administrative revocation thereof, and the City shall be empowered to commence proceedings against the permittee or his surety for any damages suffered.

(7)

All STOP WORK ORDERS and the suspension of any permit by the issuance thereof or an administrative revocation may be appealable to the Council upon the filing of a notice of appeal with the Clerk-Treasurer within twenty-one (21) days after the issuance of such STOP WORK ORDER or an administrative revocation of permit. Within fourteen (14) days after the filing of such notice of appeal with the Clerk-Treasurer, a hearing, with reasonable notice of at least three (3) days to the permittee, shall be scheduled by the Council. The Council may issue subpoenas to compel the attendance of witnesses, administer oaths to those witnesses, and require them to testify. To the extent they can be applied, the Indiana Rules of Trial Procedure, including the right to appear by counsel and to compel the attendance of witnesses, to present evidence, cross-examine opposing witnesses and present argument shall apply to these proceedings. If the Council finds that the permittee has willfully violated a term or condition of the permit or has willfully done or permitted to be done an act in violation of a statute or this Code, relating to the permit issued, the Council shall revoke or suspend the permit upon such conditions as it may deem appropriate. The Council shall file a copy of its findings and determination with the Clerk-Treasurer within twenty-four (24) hours after issuance.

(8)

Neither suspension nor revocation of any permit shall bar prosecution for violations of this Division.

The fee for a permit shall be in a minimum amount of $50.00 and a maximum amount of $500.00, which shall be paid to the Clerk-Treasurer at the time of issuance. The Council shall have the power to set the fee. All such permits shall be valid for a specific period of time to be determined by the Council at the time of issuance.

The City shall bring actions in the Superior or Circuit Courts of Lake County, Indiana, for mandatory and/or injunctive relief in the enforcement of, and to secure compliance with any order or orders made by the Council, and with any such action for mandatory and/or injunctive relief maybe joined an action to recover the penalties provided for in this Division. In the event that any person shall fail to comply with the terms and conditions of this Division, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees, and expenses incident thereto, all without relief from valuation and appraisement laws.

(a)

If any person, firm or corporation shall violate any of the provisions of this Division, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the Council, or shall fail, neglect or refuse to obey any lawful order given by the Council in connection with the provisions of this Division, for each violation, failure or refusal, such person, firm or corporation shall be subject to the provisions of Section 1-9 of this Code.

(b)

Additionally, in the event a person shall fail to comply with the terms and conditions of this Division, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees and expenses incident thereto, all without relief from valuation and appraisement laws.

(c)

Each day a violation of this Division is committed or permitted to continue shall constitute a separate offense.

(a)

A permit shall be obtained by the property owner or licensed contractor prior to any construction or alteration, of any fence or like structure.

(b)

All permits shall be issued by the Building Department, and all fees provided for herein shall be paid to the Clerk-Treasurer of the City of Lake Station.

Permit fees shall be as follows:

(1)

All fences except those fences in Retail, Business, Commercial, Industrial Districts: $10.00

(2)

Business, Commercial, Industrial District Fences: $15.00

(a)

All work on the construction, alteration, and repair of fences shall be performed in a good and workmanlike manner according to accepted standards and practices.

(b)

The owner of record of any "Zoning Lot" shall be responsible for maintaining all fences in good repair.

(c)

Fences shall be constructed of a uniform material throughout.

Specific fence regulations are addressed in Chapter 10, the Zoning Chapter of this Code.

(a)

All work done under any permit issued herein shall be in full compliance with the several statutes of the State of Indiana and the Lake Station City Code.

(b)

All definitions related to fences are found in chapter 10, the zoning chapter of this Code.

(a)

If any person, firm or corporation shall violate any of the provisions of this article, or shall do any act prohibited herein, or shall fail to perform any duty lawfully enjoined, within the time prescribed by the building department, or shall fail, neglect or refuse to obey any lawful order given by the building department in connection with the provisions of this article, for each such violation, failure or refusal, such person, firm or corporation shall be subject to the provisions of section 1-9 of this Code.

(b)

Additionally, in the event a person shall fail to comply with the terms and conditions of this article, the City of Lake Station shall be entitled to recover all delinquent fees, and reasonable attorney fees and expenses incident thereto, all without relief from valuation and appraisement laws.

(c)

Each day a violation of this article is committed or permitted to continue shall constitute a separate offense.

[The following terms as used in this division shall have the meaning indicated:]

Front yard. The area of land lying between the front door or main entrance of a residence and the curb of the street in front of, or adjacent to the residence, excluding the sidewalks and parkways in front of the residence, and the driveway to the residence.

Parkway means that area of land lying between the edge of the street, whether paved or unpaved, and the edge of the sidewalk adjacent to and paralleling said street. Where no sidewalk exists, the term shall mean and refer to that area of land lying between the edge of a street and a line parallel to and fifteen (15) feet away from the edge of said street.

Pave, repave and cause to be paved means the act of covering or surfacing an area with asphalt, concrete, gravel, rock or other materials used in road or street building. The installation of bricks or decorative stone as landscaping and not for the purpose of parking shall not be considered paving.

Person means any asphalt contractor, concrete contractor, general contractor, landowner, individual, corporation, partnership, joint venture, trust, trustee, beneficial owner or a land trust, nominee of a landowner, or any other legal entity.

Property owner means any person who has an ownership interest in real estate, legal or equitable, partial or absolute, or as a landlord or tenant. Mortgages and other lien holders shall not be deemed landowners unless and until they acquire ownership by deed or by operation of law.

(Ord. No. 2004-18, 9-2-2004; Ord. No. 2005-17, 5-5-2005)

(a)

Responsibility of repair and maintenance of abutting sidewalks and driveways. The responsibility for the repair and maintenance of sidewalks and driveways within the city is hereby deemed to be that of abutting property owners. Property owners shall be responsible for maintaining the abutting sidewalks in a reasonably safe condition, and shall repair and maintain the abutting sidewalk at their owner expense as and when needed, in the opinion of the building commissioner or his designee.

(b)

Notice of order to repair. Should a property owner fail to maintain his or her abutting sidewalk and/or driveway in a reasonable safe condition, then, in the interest of the health, safety and general welfare of the public, the city, in its sole discretion, may issue a notice or an order to repair the sidewalk and/or driveway to the responsible owner.

(c)

Issuance and service of notice to repair.

(1)

Notice of an order to repair or improve any sidewalk and/or driveway within the city shall be issued by the building commissioner or his designee.

The notice shall be addressed to the common address of the property in question and also to the address of the property owner, if different, and shall be sent by certified mail.

(2)

The property owner shall perform the requested repairs or improvements to the sidewalk and/or driveway within thirty (30) days from the date of the notice as required by the notice, or any extended time therefrom allowed by the building commissioner or his designee.

(d)

Contract for repair. In the event any property owner fails to comply with the order to repair any sidewalk or driveway with the city issued by the building commissioner or his designee, the board of public works and safety, in its sole discretion, may have the sidewalk or driveway constructed or repaired. In causing the sidewalk or driveway to be constructed or repaired, the board of public works and safety may let a general contract for the making or repairing of all sidewalks and/or driveways subject to the issued order. The letting of any contract under the provisions of this section shall be governed by the laws of the state regulating contractual authority of the board of public works and safety for such matters, as they may be amended from time to time.

(e)

Assessments. Assessments for the construction or repair of sidewalks or driveways shall be levied and collected pursuant to the terms of I.C. 36-9-36-1, et. seq., as amended from time to time.

(Ord. No. 2004-18, 9-2-2004)

(a)

The property owner whose property abuts a street or alley shall maintain and care for any parkway or front yard which adjoins or is a part of his property. Such maintenance and care shall include, but not be limited to, the planting, and regular mowing of grass, trimming of bushes and trees and the maintenance.

(b)

No person may hereafter pave, repave, or cause to be paved, all or any part of a parkway, without obtaining a building permit from the building commissioner. No person may hereafter pave, repave, cause to be paved, or cover with gravel, all or any part of a front yard. The building commissioner shall consider the following in issuing the permit to pave a parkway:

(1)

The parkway must be graded to allow storm water to flow and follow its natural course of drainage.

(2)

The paving of the parkway may not impair vehicular and pedestrian safety.

(Ord. No. 2004-18, 9-2-2004; Ord. No. 2005-17, 5-5-2005)

This article may be cited as "Mobile Home Ordinance of Lake Station, Indiana."

( Ord. No. 2016-15 , 9-8-2016)

The purposes of this article are:

(1)

To promote the public health, safety, morals, convenience and general welfare;

(2)

To set forth regulations and standard procedures for the control and regulation of mobile home parks;

(3)

To govern the design, arrangement, location, grading and construction of mobile home parks;

(4)

To provide for the construction and installation of curbing, streets, sanitary and storm sewers, water facilities, sidewalks, and other appurtenances or to provide for the guarantee of such installation;

(5)

To complement and supplement all state laws applicable to mobile home parks;

(6)

To provide for penalties for the violation of this article.

( Ord. No. 2016-15 , 9-8-2016)

In the interpretation of this article the rules and definitions contained below shall be observed and applied, except when the context clearly indicates otherwise:

(a)

The word "lot" shall include the words "plot," "piece" and "parcel."

(b)

The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."

(c)

Except as defined below, all terms in this article shall be interpreted as defined in chapters 1, 19 and 21 of this Code:

(1)

Density. The number of dwelling units per gross acre computed by dividing the acreage of the park site into the total number of dwelling units.

(2)

License. A written license issued by the state health department to a person or corporation to operate and maintain a mobile home park under the provisions of Chapter 321 of the Indiana Acts of 1955 [I.C. 16-9-2B-1 et seq.] and the regulations of the state board of health.

(3)

Mobile home. A portable structure eight (8) feet or more wide, thirty (30) feet or more long, designed primarily for year-around single family residency and generally transported on its own frame and running gear. The term includes double-units and expandables.

(4)

Mobile home park. Any lot, plot, or tract of land containing two (2) or more mobile homes within the city.

(5)

Mobile home site. That area of land in a park designed and approved for the construction of one mobile home stand.

(6)

Mobile home stand. A foundation in conformance with this article for the support of one (1) mobile home.

(7)

Mobile home—Front. The longest side intended by design to be the front of the mobile home.

(8)

Mobile home—Back. The longest side intended by design to be the back of the mobile home.

(9)

Mobile home—End. The two (2) sides of a mobile home having the narrowest dimension.

(10)

Park. A mobile home park.

(11)

City inspection officials. The city engineer, the county health officer, and the city plat officer, or their assigned agents.

( Ord. No. 2016-15 , 9-8-2016)

This article shall apply to all mobile homes and mobile home parks within the city.

( Ord. No. 2016-15 , 9-8-2016)

The erection, construction, enlargement, conversion, or alteration of any building, mobile home, or structure and use of any land, building, or mobile home, which is continued, operated or maintained, contrary to any of the provisions of this article, is hereby declared to be unlawful. A violation of this article shall be the joint responsibility of the park owner or his agent and the violator. It is the responsibility of the park owner or his agent to maintain compliance with this article within his park.

( Ord. No. 2016-15 , 9-8-2016)

In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion and effectuation of the purposes of this article. Nothing herein shall repeal, abrogate, annul, or in any way interfere with, any provision of law, or any rules or regulations other than mobile home park regulations. Where this article imposes greater restrictions or requirements than those imposed or required by other provisions of law, rules, regulations, covenants, or agreements, the provisions of this article shall control, but nothing herein shall interfere with, abrogate, or annual any easements, covenants or deed restrictions greater than those imposed by this article.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All departments, officials, and employees of the city which are vested with the authority to issue permits or licenses shall comply with this article and shall not issue a permit or license for any use, building or purpose if the same would be in conflict with the provisions of this article. Any permit or license issued in conflict with the provisions of this article shall be null and void.

(b)

The county health officer or the planning director or their assigned agents may make an inspection of all construction at any reasonable time to determine whether the work is being done in conformance with the approved plans and specifications. The park owner shall make available any records, test data, or other information essential to the determination.

( Ord. No. 2016-15 , 9-8-2016)

It shall be unlawful for any person to place or use any mobile home within the city except when located within an approved and licensed mobile home park.

( Ord. No. 2016-15 , 9-8-2016)

(a)

Any person who violates any of the provisions of this article shall be fined no less than twenty-five dollars ($25.00), and no more than three hundred dollars ($300.00). Each day a violation shall continue shall constitute a separate offense.

(b)

The clerk-treasurer or his assigned agent shall notify the violator immediately upon becoming aware of the violation. If said violation is not removed within a reasonable period of time, as determined by the clerk-treasurer or his assigned agent, the violation shall be submitted to the city attorney's staff for proper legal action. The city attorney shall, immediately upon any such violation having been called to his attention, institute injunction, abatement, or any other appropriate action to prevent, enjoin, abate or remove such violation. This remedy shall be cumulative and not exclusive and shall be in addition to any other remedies provided by law.

(c)

The violator shall be responsible for the city's legal fees and costs in pursuing an injunction or abating the violation.

( Ord. No. 2016-15 , 9-8-2016)

All mobile home park plans shall be processed in four (4) stages leading to final approval as follows:

(a)

The pre-application conference;

(b)

The preliminary plan;

(c)

Zoning approval.

( Ord. No. 2016-15 , 9-8-2016)

Any developer proposing a mobile home park in the city shall submit to the plan commission staff, at an informal conference, a legal description of the property and a sketch plan of the proposed park. The pre-application conference is to permit the applicant the opportunity of consultation with the staff prior to submission of his preliminary plan.

( Ord. No. 2016-15 , 9-8-2016)

(a)

Submission of the preliminary plan is to provide the petitioner, plan commission and the city council grounds on which to reach general agreement on the basic planning and engineering proposals and to provide a basis for a public hearing, prior to the preparation of more detailed final plans as required by this article.

(b)

An application for approval of the preliminary plan is required and shall include the following items:

(1)

In application for special exception within a zoning district.

(2)

Preliminary plans of the proposed project including

a.

Legal description and, if land is unplatted, a plat of survey, certified by a registered land surveyor or engineer, showing all dimensions of the property in question. The plat of survey shall show exact length and bearing of all exterior boundaries of the project with reference to a U.S. Land Survey corner;

b.

General location map at scale of not less than two hundred (200) feet to the inch, showing:

1.

The section or government subdivision of the section in which the project lies with the location of the project located thereon.

2.

Location and name of adjacent subdivisions including all existing or platted streets, alleys, public easements, railroad and utility easements, water courses, drainage ditches, and other pertinent data on the land to be developed and within three hundred (300) feet of the proposed project.

3.

A certified list of the names and addresses (as determined from the most current property tax rolls) of all owners of land immediately adjacent to, or across any street or alley from, the property in question. The certified list shall be certified by a title company, tax assessor, or county auditor.

c.

A physical characteristics map showing the following:

1.

Elevation of water table, percolation data, and description of soil type to a depth of five (5) feet as obtainable from the cooperative extension agent's office, and contour information at vertical intervals of no more than two (2) feet with reference to U.S.G.S. datum;

2.

The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low elevations of such lakes or streams. All elevations shall be referred to U.S.G.S. datum;

3.

If the mobile home park borders a lake or stream, the distances and bearings of a meander-line established not less than twenty (20) feet back from the ordinary high-water mark of the lake or stream and comply with the Lake Station flood ordinances.

d.

A proposed development plan including:

1.

Identification block containing the following:

i.

Proposed name.

ii.

Date, scale, north arrow.

iii.

Name and address of owner, developer, planner, engineer or surveyor preparing the plan.

iv.

Identification of gross land area of the project and the proposed density.

v.

Proposed layout and width of all streets, sites for placement of mobile homes, buffers, utility buildings, and other required improvements and appurtenances.

vi.

Approximate location and area of property proposed to be dedicated for public use, or to be reserved for the common use of all tenants within the proposed park, including recreational area, laundry and sanitary facilities and storage areas.

2.

Preliminary engineering plans showing:

i.

Proposed layout of the sanitary sewer system.

ii.

Proposed layout of water supply and distribution.

iii.

Proposed layout of storm drainage system.

iv.

Such other information as may be required by the plan commission staff as deemed necessary toward proper preliminary plan review.

(c)

The clerk-treasurer, upon receipt of eight (8) copies of the preliminary plan, shall identify, with the plan commission stamp seal, all copies of the submitted plan, and shall authorize the developer or his agent to deliver two (2) copies of the plan to the city engineer and two (2) copies to the county health officer. Upon official notification that all agencies have received said plans, the clerk-treasurer may authorize the developer to advertise for a public hearing.

(d)

It shall be the responsibility of the developer or his agent to ascertain all city and county agency reports, and recommendations have been filed with the clerk-treasurer not less than ten (10) days prior to the plan commission meeting. Failure to have all reports submitted by the stipulated deadlines may delay plan commission consideration.

(e)

The plan commission shall hold a public hearing to consider the special exception. At least ten (10) days prior to the date set for hearing the commission, at petitioner's cost, shall publish in a newspaper of general circulation in the city a notice of the time and place of the hearing

(f)

Upon completion of the public hearing, the plan commission shall take one (1) of the following actions:

(1)

Defer action if additional study is needed; or

(2)

Recommend approval or denial of the special exception to the board of zoning appeals.

No permits for construction shall be granted until after final plan approval.

(g)

If the special exception is approved by the board of zoning appeals, the developer may proceed to submit a final development plan to the plan commission and the city council.

( Ord. No. 2016-15 , 9-8-2016)

(a)

Submission of the final plan is required and is to provide the plan commission, the city council, county health department, and city engineer, the opportunity to review the final detailed drawings and utility plans for the proposed project, prior to approval of the final development plan.

(b)

Submission of the final plan shall be in reasonable conformance with the approved preliminary plan and in accordance with any changes requested on the preliminary plan by any of the reviewing agencies.

(c)

The final plan shall contain the following information and comply with the following:

(1)

All final plans shall bear signature and seal of an Indiana registered land surveyor and/or engineer and shall be legibly prepared in the following manner:

a.

With waterproof, non-fading, black ink on tracing cloth or equal material, twenty-four (24) inches by thirty-six (36) inches in size. When more than one (1) sheet is used for any plan, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plan, and showing the relation of that sheet to the other sheet.

b.

It shall be drawn at a scale of not smaller than one hundred (100) feet to the inch. Where more than one (1) sheet is necessary a small scale key drawing of the entire project, showing the portions of the project appearing on respective sheets, shall appear on the first sheet.

(2)

The final plan shall clearly show:

a.

Identification name consisting of:

b.

Proposed block;

c.

Date, scale, north arrow;

d.

Name and address of owner, developer, planner, engineer or surveyor preparing the plan.

e.

The following engineering data:

1.

Streets and drives:

2.

The exact location by length and bearing of the centerline of all proposed streets and drives.

i.

Pavement width, estimated percent of gradient, and typical street cross-sections, and profiles of all streets and drives.

3.

Sidewalks:

i.

The location and width of all common sidewalks.

4.

Monuments:

i.

All monuments erected, corners and other points established in the field in their proper places. The material of which monuments, corners, or other points is made shall be noted at the representation thereof, or by legend.

A.

The exact location of the project indicated by distances and bearings with reference to a corner or corners of a section or half-section. In case any project crosses any section, quarter section or quarter section lines, or is adjacent to any of said lines, all section, quarter section or quarter section corners in or adjacent to said project shall be marked and referenced with monuments.

5

General location of all mobile home stands:

A.

The approximate location of all mobile home sites shall be identified and numbered in consecutive order.

B.

Detailed location and dimensions need not be shown until such times as application is made for zoning and building permits.

(d)

Submission of final plan shall also include letters of recommendation from:

(1)

City engineer;

(2)

County health department.

(e)

If the city council approves final plan, the petitioner may request a building or zoning permit from the plan commission staff.

(f)

No construction or grading shall be permitted prior to approval of the final plan by the city council. After review of the final plan, the plan commission shall recommend either approval or denial to the city council.

(g)

If a letter of approval for the park has not been obtained within twelve (12) months of the final approval of the city council, or has been denied by the state, the special exception and all plan approvals shall become null and void.

(h)

The city council's approval of a final development plan is valid regardless of change of ownership, provided that all terms and conditions are complied with by the new owner. The final plan shall be placed on file with the plan commission staff. In cases where the mobile home park has not been commenced within one (1) year of the final plan, the approval shall automatically become null and void and all rights thereunder shall terminate. Upon written application filed prior to the expiration of the one (1) year period, the plan commission staff may authorize a single extension of the time limit for a further period of no more than one year without holding another public hearing thereon.

( Ord. No. 2016-15 , 9-8-2016)

No mobile home may be extended, enlarged, or otherwise added to unless approval in writing from the park owner or designated agent is presented to the plan commission staff and a permit has been issued by the plan commission staff. A concrete pad or foundation shall be placed under any structure or addition thereto within the mobile home park.

( Ord. No. 2016-15 , 9-8-2016)

Individual or group waterproof storage structures may be provided for the use of mobile home tenants, if approved by plan commission staff and located on a concrete slab. Storage shall not be permitted unless within a completely enclosed structure approved by the mobile home park manager and the plan commission staff.

( Ord. No. 2016-15 , 9-8-2016)

In designing a mobile home park a person shall conform to:

(a)

All applicable ordinances of the city.

(b)

Applicable laws, rules and regulations of the state and duly constituted agencies thereof.

(c)

All requirements contained within this chapter.

( Ord. No. 2016-15 , 9-8-2016)

Any parcel of land proposed for use as mobile home park shall comply with the following minimum location requirements:

(a)

Vehicular access:

(1)

All parks shall be provided with at least two (2) points of direct vehicular access to a city or county road classified as a secondary or primary road or as a state highway.

(2)

No entrance or exit for a park shall open upon a residential subdivision street or any city or county road classified less than a secondary road.

(3)

No entrance or exit for a park shall be located closer than one hundred twenty-five (125) feet from the intersection of the proposed rights-of-way lines of any two (2) streets.

(4)

The minimum distance between the centerline of any two (2) park entrances or exits shall be one hundred twenty-five (125) feet.

(5)

No mobile home shall have vehicular access to any public street or drive. All access shall be from an improved street or drive within the park.

(b)

Screening and buffer strips:

(1)

In order to minimize the potential impact of mobile home development on adjacent undeveloped or residential property, the developer of the park shall provide a buffer strip in accordance with the following schedule:

a.

All park boundaries not contiguous to a public right-of-way shall provide a buffer strip not less than twenty (20) feet in width.

b.

All park boundaries contiguous to adjoining property fronting on the same public right-of-way shall provide a buffer strip not less than twenty (20) feet in width plus an open space, equal in width and depth to the minimum lot design requirements of the zoning district of the adjoining parcel at the time of application. With the exception of the required twenty-foot buffer, the additional open space required may be developed, deeded off, or transferred for development in accordance with the regulations of the zoning district in which it lies, but not for mobile homes.

c.

The buffer strip shall include a chain link, split rail, wood or other decorative fence approved by the plan commission. Said fence shall not be less than four (4) feet in height or greater than six (6) feet in height, and shall be effectively landscaped.

d.

When all or part of the proposed mobile home park is adjacent to land zoned for business or industry and/or when said mobile home park is adjacent to a primary or state highway as shown on the preliminary thoroughfare plan, or a railroad, or natural condition which creates a physical barrier, the plan commission may waive the requirements for fencing that portion of the property abutting said physical barrier and require a dense screen planting of shrubs and trees which will provide an effective visual barrier when viewed at right angles. Such barrier shall achieve, at maturity, a height of not less than six (6) feet.

e.

The plan commission may require that plans for proposed buffer strips be submitted to the county cooperative extension service landscape architect for review and recommendation to the plan commission.

(2)

Minimum size of park: The minimum area of any new mobile home park shall be fifteen (15) acres, with the first phase of development being not less than five (5) acres in size.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All open and recreational space standards shall apply to any new park, or, in the case of an existing park being enlarged, or improved, to the area being enlarged, extended, or improved.

(b)

Every park shall provide a recreational area or areas equal in size to at least one (1) acre for every forty (40) mobile homes or fraction thereof.

(c)

Streets, drives, parking areas, service facility areas, and open space on individual mobile home sites shall not be included as part of the required recreational areas. Common open space for the use of all tenants in cluster design parks may be counted.

(d)

No trailers, recreational vehicles, or boats shall be parked or stored within the open space required between mobile homes.

( Ord. No. 2016-15 , 9-8-2016)

All parks shall be served by a common water supply system. For purposes of this article, individual water wells are not acceptable. Water supply systems shall be submitted to, and approved by, the state board of health.

( Ord. No. 2016-15 , 9-8-2016)

All parks shall be served by central or public sewerage system connected to a sewage treatment plant approved by the state board of health. For purposes of this article, individual septic tanks shall not be acceptable.

( Ord. No. 2016-15 , 9-8-2016)

Each park shall contain an underground electrical system, which shall be installed and maintained in accordance with applicable codes and regulations governing such system. The electrical distribution system shall be installed underground in a manner approved by the power company.

( Ord. No. 2016-15 , 9-8-2016)

Individual television antennas on mobile homes shall be prohibited. If required, each mobile home park shall contain a central television antenna with underground service to each mobile home stand.

( Ord. No. 2016-15 , 9-8-2016)

Each mobile home park shall be served by an approved central fuel system. Individual fuel storage tanks shall not be permitted.

( Ord. No. 2016-15 , 9-8-2016)

All parks shall be provided with stormwater sewers or a surface drainage system in accordance with the requirements of the city engineer.

( Ord. No. 2016-15 , 9-8-2016)

(a)

Garbage and rubbish shall be disposed of in a manner approved by the county health officer and in a manner designed not to create a nuisance or a menace to health.

(b)

All refuse and garbage shall be collected at least weekly. Where suitable collection service is not available from municipal or private agencies, the park operator shall provide this service. Refuse incinerators, if permitted, shall be constructed in accordance with engineering plans and specifications which shall be reviewed and approved by the county health department.

(c)

Parks shall be maintained free of accumulations of debris which may provide rodent harborage or breeding places for flies, mosquitos, and other pests.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All streets or drives, whether public or private, shall be designed in substantial relation to:

(1)

Topographic conditions and drainage.

(2)

Public convenience and safety.

(3)

The proposed uses of land to be served by such street or drive. A street or drive shall be provided for convenient access to each individual mobile home site within the park.

(b)

All streets intended to be dedicated into the city highway system shall be:

(1)

Designed and constructed in accordance with the rules and specifications of the city Streets department and chapter 8 of this Code.

(2)

Laid out in conformity to street or highway plans officially adopted by the city. Wherever a planned street or highway runs through a proposed mobile home park, it shall be provided for in the place and with the width indicated on said plan.

(c)

All streets or drives intended to be private and for the exclusive use of tenants and guests of the park shall be constructed to meet the following minimum standards:

(1)

All streets or drives within any mobile home park shall have an approved cross-section with a paved surface of twenty-seven (27) feet measured from back to back of the curbs.

(2)

All cul-de-sacs shall have a minimum radius of sixty (60) feet to the outer edge of the pavement. The developer shall provide a landscaped island with a diameter not to exceed sixty-six (66) feet.

(3)

All private streets or drives shall be constructed in the manner prescribed in the edition of Standard Specifications of the State Highway Department of Indiana in effect at the time of application, and any subsequent and applicable city ordinance. In any instance where conflicting requirements may appear between Standard Specifications and an applicable city ordinance, the city ordinance shall control.

(4)

All streets or drives shall be provided with a smooth, graded, drained, sealed, and paved durable surface commencing from the public street to and throughout the park. All street or drive surfaces shall be maintained free of holes and other hazards.

(5)

Concrete curb and gutter shall be provided along the outside edge of all street, drive, and parking area pavements. Concrete curb gutter and sidewalk may be one and the same.

(d)

Street names and addresses shall be assigned to all streets and mobile home stands appearing on the final plan.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All mobile homes, occupied or vacant, shall be set back at least twenty-eight (28) feet from any public right-of-way, or the distance required by the setback requirements.

(b)

No mobile home shall be located closer than fifteen (15) feet to any park vehicular drive or street, as measured to the nearest part of the mobile home and/or its hitch.

( Ord. No. 2016-15 , 9-8-2016)

(a)

In order to provide maximum flexibility in the planning and design of mobile home parks, performance standards rather than rigid lot specifications shall provide the basic frame-work of this section.

(b)

Any mobile home park designed with performance standards must have the approval of the plan commission staff prior to submission for final approval provided, however, that in no case shall any mobile home park exceed a density of seven and one-half (7½) units gross acre.

(c)

In designing a mobile home park, the following minimum performance standards shall apply:

(1)

Each mobile home site shall be provided with a clear, unobstructed access to drive, street, or other easement to permit the placement of a home on the site. Said access shall be provided from within the park and shall not be from any exterior city, state or county road or alley.

(2)

The minimum open space between homes installed after the date of this article shall be at least fifty (50) feet.

(c)

All mobile home stands shall be constructed as:

(1)

A grade-beam floating slab, as a series of double-row concrete piers, or as a solid concrete slab. Type of construction to be approved by the building division of the plan commission.

(2)

The area of the mobile home stand shall be improved in accordance with the building code to provide adequate support for the placement and tie-down of the mobile home, thereby securing the super-structure against uplift, sliding, rotation and overturning.

( Ord. No. 2016-15 , 9-8-2016)

(a)

Paved, off-street parking shall be provided in all mobile home parks for the use of occupants and guests. Parking spaces shall be at the ratio of at least two (2) car spaces, no less than ten (10) feet by twenty (20) feet in size, for each mobile home site.

(b)

No parking space, garage, or carport, shall be located closer than twenty-five (25) feet to the front of any mobile home, unless otherwise approved by the plan commission staff.

(c)

No motor vehicle shall be permitted to be parked or stored within any required open space between mobile homes except when an approved parking area is provided between two (2) mobile homes oriented back to back with each other.

(d)

The park operator shall provide a separate area either fenced, screened or otherwise enclosed, for the storage of tenant camping trailers, boats, snowmobiles, and other similar recreational equipment, and such items shall not be stored in any area of the park.

( Ord. No. 2016-15 , 9-8-2016)

(a)

Any projection from a mobile home shall not extend more than eight (8) feet into any required yard or open space. No covered or enclosed structure shall exceed one-third the length of the mobile home.

(b)

No building or mobile home in the mobile home park shall exceed one (1) story in height unless otherwise approved by the plan commission.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All parks shall be provided with safe, convenient all-season pedestrian access of adequate width for intended use. Said access shall be durable and convenient to maintain.

(b)

A common concrete or paved walk system shall be provided and maintained between locations where pedestrian traffic is concentrated. Such common walks shall have a minimum width of four (4) feet. If constructed in conjunction with a curb, the common walk will be six (6) feet.

(c)

All mobile homes shall be connected by concrete or paved individual walks, not less than two (2) feet in width, to common walks and parking areas.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All parks shall be furnished with lighting units so spaced and equipped with luminaires placed at such mounting heights as will provide the following average maintained levels of illumination for the safe movement of pedestrians and vehicles at night:

(1)

All parts of the park street systems: 0.6 footcandle, with a minimum of 0.1 footcandle.

(2)

Potentially hazardous locations, such as major street intersections and steps or stepped ramps: individually illuminated, with a minimum of 0.3 footcandle.

(b)

All park lights shall be so located and shielded as to prevent direct illumination of any property outside of the park.

( Ord. No. 2016-15 , 9-8-2016)

No mobile home shall be permitted to be installed in any property in Lake Station if it is more than ten (10) years old.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All mobile homes shall require a valid occupancy permit issued by the Lake Station Building Department before being occupied.

(b)

This section shall apply to all motor homes in the City of Lake Station including, but not limited to, new motor homes, relocated motor homes, and any mobile home which has its occupancy permit revoked.

(c)

Any mobile home which has it its occupancy permit revoked or denied within sixty (60) days shall be either repaired or removed within thirty (30) days. This period may be extended by the building department for two (2) additional 30-day periods upon proof of attempts to repair or remove and a payment of a one hundred dollar ($100.00) fee for each extension. If the property is not repaired or abated, the building department shall refer the matter to the town attorney to pursue abatement of the property.

(d)

Before applying for an occupancy permit, a copy of the certificate of title of the vehicle shall be tendered to the Lake Station Building Department.

(e)

Any individual or business who sells or leases a motor home with the knowledge that is does not have a valid occupancy permit and fails to disclose this fact shall be fined in an amount of two-thousand and five-hundred dollars ($2,500.00) for the first day of the offense. Each additional day in which the seller/lessor fails to disclose the lack of occupancy permit shall be fined in an amount of not less than one hundred dollars ($100.00) for each day.

( Ord. No. 2016-15 , 9-8-2016)

(a)

No mobile home shall be permitted to occupy any mobile home stand if the home is either longer or wider than would permit compliance with this article.

(b)

The boundaries of every mobile home site shall be clearly and permanently designated according to the dimensions and locations shown on the approved plot plan.

( Ord. No. 2016-15 , 9-8-2016)

No part of any mobile home park shall be used for nonresidential purposes, except such areas that are required for the direct servicing and well-being of the park residents and for the management and maintenance of the park; provided, however, that retail sales of new or used mobile homes may be made from the park by the owners of the park, or the sole licensee or agent of the owners, but all said mobile homes held for sale shall be displayed on regular mobile home stands of the park and said mobile homes on display shall be limited to fifteen (15) percent of the total stands in the park. Nothing contained in this section shall be deemed as prohibiting the sale of a mobile home located on a mobile home stand by the individual owner or his agent.

( Ord. No. 2016-15 , 9-8-2016)

Construction materials storage areas for the park shall be so maintained as to prevent rodent harborage. Lumber, pipe and other building material shall be stored within a structure or fenced-in storage area.

( Ord. No. 2016-15 , 9-8-2016)

The growth of brush, weeds, and grass shall be controlled by the owner or operator of the park.

( Ord. No. 2016-15 , 9-8-2016)

(a)

All mobile homes shall have a removable skirting around the entire perimeter of the home.

(b)

Skirting shall be a durable material such as decorative block, concrete block, fiberglass, metal, or other material approved by the plan commission staff. Junk doors, or other scrap material, shall be prohibited.

(c)

Skirting shall be maintained at all times by the tenant. If there is no tenant, it shall be maintained by the owner of the mobile home property.

( Ord. No. 2016-15 , 9-8-2016)