Chapter 15.15 PROPERTY MAINTENANCE CODE

“Abandoned house” means a chronically vacant and uninhabitable unit or units, as indicated by, but not limited to, the lack of utilities or delinquent taxes, whose owner has neglected the responsibility of maintenance and physical upkeep and is taking no constructive steps to repair and bring the unit back into the housing market.

“Abandoned lot” means a parcel of land, without a structure, whose owner has been neglecting the responsibility of physical upkeep and maintenance.

“Approved” means approved by the Chief Administrative Officer or Building Commissioner.

“Basement” means that portion of a building which is partly or completely below grade.

“Bathroom” means a room containing plumbing fixtures including a bathtub or shower.

“Building” means any structure occupied or intended for supporting or sheltering any occupancy and any accessory building in excess of 20 square feet.

“Building code” means the building code officially adopted by the legislative body of the City of Evansville, or other such codes officially designated by the legislative body of the City of Evansville for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.

“Building Commissioner” means the official who is charged with the administration of this code, head of the Department of Buildings and appointed by the Mayor or his designees.

“Chief Administrative Officer (Department of Code Enforcement)” means the official who is charged with the administration of this code, the Executive Director of the Department of Metropolitan Development and appointed by the Mayor or his designees.

“Code official” means the officials who are charged with the administration and enforcement of this chapter, or any duly authorized representative.

“Condemn” means to adjudge unfit for occupancy or use.

“Construction documents” means all the written, graphic and pictorial documents prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit. A representative designated by the owner shall draw the construction drawings to an appropriate scale.

Debris. See “Trash.”

Dwellings.

(1) “Dormitory” means a space in a building where group-sleeping accommodations are provided in one room, or in a series of closely associated rooms, for persons not members of the same family group.

(2) “Dwelling unit” means a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

(3) “Hotel” means any building containing six or more guestrooms, intended or designed to be occupied, or which are rented or hired, for sleeping purposes by guests.

(4) “Multi-unit dwelling” means a building containing three or more units in one building.

(5) “One-family dwelling” means a building containing one dwelling unit with not more than five lodgers or boarders.

(6) “Rooming house” means a building arranged or occupied for lodging, with or without meals, for compensation and not occupied as a one-family dwelling or two-family dwelling.

(7) “Rooming unit” means any room or group of rooms forming a single habitable unit occupied or intended to be occupied for sleeping or living, but not for cooking purposes.

(8) “Two-family dwelling” means a building containing two dwelling units with not more than five lodgers or boarders per family.

“Exterior property” means the open space on the premises which may include adjoining property, such as an easement or right-of-way.

“Extermination” means the control and elimination of insects, rodents or other pests by eliminating their harborage places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating, trapping or by any other approved pest elimination methods.

“Family” means an individual or married couple and the children thereof with not more than two other persons related directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated persons, living together as a single housekeeping unit in a dwelling unit.

“Fire code” means the fire code officially adopted by the legislative body of the City of Evansville, or other such codes officially designated by the legislative body of the City of Evansville for the regulation of construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.

“Garbage” means the animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.

“Garbage container” means a leakproof container of 30-gallon capacity, having a tightly fitting lid and side handles of sufficient strength and size to enable the collector to easily lift and empty the container, or a 30-pound capacity bag.

“Habitable space” means space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces, and similar areas are not considered habitable spaces.

“Hazardous condition” means any condition likely to cause injury to any person. It shall not mean a temporary condition caused by weather such as rain, snow or ice.

“Infestation” means the presence within or contiguous to a structure or premises of insects, rodents, vermin or other pests.

“Inspection certificate” means an identification applied on a product by an approved agency containing the name of the manufacturer, the function and performance characteristics, and the name and identification of an approved agency, which indicates that the product or material has been inspected and evaluated by an approved agency.

“Label” means identification applied on a product by the manufacturer, which contains the name of the manufacturer, the function and performance characteristics of the product or material, and the name and identification of an approved agency, and which indicates that the representative sample of the product or material has been tested and evaluated by an approved agency.

“Let for occupancy” or “let” means to permit, provide or offer possession or occupancy of a dwelling, dwelling unit, rooming unit, building, premises or structure, whether for a fee or not, by a person who is or is not the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

“Manufacturer’s designation” means identification applied on a product by the manufacturer indicating that a product or material complies with a specified standard or set of rules (see also “Mark,” “Label,” and “Inspection certificate”).

“Mark” means identification applied on a product by the manufacturer indicating the name of the manufacturer and the function of a product or material (see also “Manufacturer’s designation,” “Label” and “Inspection certificate”).

“Occupancy” means the purpose for which a building or portion thereof is utilized or occupied.

“Occupant” means any person living or sleeping in a building or having possession of a space within a building.

“Openable area” means that part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

“Operator/manager” means any person who has charge, care or control of a structure or premises which is let or offered for occupancy.

“Owner” means any person or other entity holding or entitled to an interest in the premises, legal, equitable or leasehold, excluding, however, a mortgagee or other lien holder; land trust trustee; and the seller under the terms of a land contract (but only if the City has been notified of the identity of the purchaser or purchasers or the land contract has been recorded in the office of the Recorder of Vanderburgh County, Indiana).

“Person” means an individual, firm, limited liability company, corporation, partnership, association, fiduciary, or any other legal entity recognized under the laws of the State of Indiana.

“Person in control” means an individual who is an owner, tenant, representative of the owner, manager hired by the owner, or such other person who has a present possessory interest in the property.

“Plumbing fixture” means a receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises, and demands a supply of water therefrom; or discharges wastewater, liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.

“Premises” means a lot, plot or parcel of land including any structures thereon.

“Public nuisance,” for the purposes of this chapter, includes any of the following:

(1) The physical condition or occupancy of any premises regarded as a public nuisance at common law;

(2) Any physical condition or occupancy of any premises or its attached or detached structures considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures;

(3) Any premises that has unsanitary sewerage or plumbing facilities;

(4) Any premises designated as unsafe for human habitation;

(5) Any premises from which the plumbing, heating or facilities required by this code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided;

(6) Any premises that is unsanitary, or that is littered with rubbish, trash, debris or garbage, or that has an uncontrolled growth of weeds; or

(7) Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or failure; and dangerous to anyone on or near the premises.

“Registered design professional” means an architect or engineer, registered or licensed to practice professional architecture or engineering, as defined by the statutory requirements of the professional registration laws of the State of Indiana.

“Rubbish” means combustible and noncombustible waste materials, except garbage; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper rags, cartons, boxes, wood, used furniture, used automobile parts, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, mineral matter, glass, crockery and dust and other similar materials.

“Structure” means that which is built or constructed or a portion thereof.

“Substantial property interest” means any right in real property that may be affected in a substantial way by actions authorized by this code, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.

“Tenant” means a person or group of persons, whether or not the legal owner of record, occupying a building or portion thereof as a unit.

“Toilet room” means a room containing a water closet or urinal but not a bathtub or shower.

“Trash” and/or “debris” means discarded, decayed or used materials deleterious to safety or sanitation of the occupant or public, or causing a fire hazard or rodent harborage.

“Unsecured structure” means a unit with first floor doors, windows, voids, or a second story opening accessible by exterior stairs, which are visibly open to unlawful entry.

“Ventilation” means the natural or mechanical process of supplying conditioned or unconditioned air to, or removing such air from, any space.

“Workmanlike” means executed in a skilled manner, e.g., generally plumb, level, square, in line, undamaged, and without marring adjacent work.

“Yard” means an open space on a lot, with a structure, under the control of the occupant or owner.

(B) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural the singular.

(C) Terms Defined in Other Codes. Where terms are not defined in this code and are defined in the building, plumbing or mechanical codes listed in EMC 15.10.010, such terms shall have the meanings ascribed to them as in those codes.

(D) Parts. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming unit” or “story” are stated in this code, they shall be construed as though they are followed by the words “or any part thereof.”

(E) Authority. This chapter is adopted under IC 36-1-3 and 36-1-6. [Ord. G-2008-29 § 1, passed 12-10-08. 1983 Code § 15.150.175.]

15.15.020 Property Maintenance Code.

(A) This chapter shall be known as the Property Maintenance Code (PMC) of Evansville, Indiana. If there is any conflict between the PMC and the building codes the building codes shall apply. If the building codes are silent as to what is required, the PMC shall control.

(B) Purpose. The Property Maintenance Code is intended to protect the public health, safety and welfare in all existing residential and nonresidential premises by establishing minimum requirements and standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing structures and premises, and providing for administration, enforcement and penalties.

(C) Intent. This chapter shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered, repaired or removed to provide a minimum level of health and safety as required herein.

No owner, occupant or tenant of a building shall be required to alter, remediate, repair or rehabilitate a building to conform with the following provisions of the Property Maintenance Code (EMC 15.15.040, 15.15.090, 15.15.100, 15.15.120, 15.15.130, 15.15.160 through 15.15.310, and 15.15.330 through 15.15.360) if at the time a building was constructed, or later altered as permitted and inspected by the City, said building met all applicable building, fire safety and occupant safety codes in effect at the time of construction or approved alteration, and maintained to that standard, unless alteration, remediation or repair is necessary to:

(1) Maintain safety, soundness and support actual designed loads of the building as required at the time of original construction or subsequent permitted alteration;

(2) Maintain fire safety for exiting, smoke detectors, wiring and HVAC at a level required at the time of original construction or subsequent permitted alteration; or

(3) Comply with the Property Maintenance Code as it specifically regulates occupant safety features for safety glass in areas of bathtubs, showers, in and adjacent to doors and landings on stairs.

(D) Existing Remedies. The provisions in this chapter shall not be construed to abolish or impair existing remedies of the City of Evansville or its officers or agencies relating to the removal or demolition of any structure that is dangerous, unsafe and unsanitary.

(E) Workmanship. All repairs, maintenance work, alterations or installations that are caused directly or indirectly by the enforcement of this code shall be executed and installed in an approved workmanlike manner.

(F) Application of Other Codes. Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with Chapters 5.65, 5.70, 15.05, 15.10, 15.20 and 15.25 EMC.

(G) Validity. If any section, subsection, paragraph, sentence, clause or phrase of this code shall be declared invalid for any reason whatsoever, such decision shall not affect the remaining portions of this code that shall continue in full force and effect, and to this end the provisions of this code are hereby declared to be severable.

(H) Saving Clause. This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective date of the ordinance codified in this section, and any such violation shall be governed and shall continue to be punishable to the full extent of the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was committed. [Ord. G-2008-29 § 2, passed 12-10-08. 1983 Code § 15.150.176.]

15.15.030 Maintenance.

All equipment, systems, devices and safeguards required by this code or a previous statute or code for the structure or premises when erected or altered shall be maintained in good working order, defined as “functioning in the manner for which it was designed.” The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. [1983 Code § 15.150.177.]

15.15.040 Approval.

(A) Approved Materials and Equipment. All materials, equipment and devices approved by the code official shall be constructed and installed in accordance with such approval consistent with this municipal code and applicable State law.

(B) Material and Equipment Reuse. Building materials may be reused if structurally sound, capable of supporting loads imposed and approved by the code official.

(C) Alternative Materials and Equipment. The provisions of this code are not intended to prevent the installation of any material or method of construction not specifically prescribed by this code; provided, that any such alternative has been approved by a code official. An alternative material or method of construction shall be approved when the code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this code in quality, strength, effectiveness, fire resistance, durability and safety.

(D) Research and Investigations. Sufficient technical data shall be submitted to substantiate the proposed installation of any material or assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed installation, the code official shall approve such alternative subject to the requirements of this code. The owner shall pay the cost of all tests, reports and investigations required under these provisions. [1983 Code § 15.150.178.]

15.15.050 Right of entry of occupied structures and premises.

(A) General. The code official shall be authorized to enforce the provisions of this code.

(B) Notices and Orders. The code official shall issue the notices or orders required under this code.

(C) Right of Entry. The code official is authorized to enter occupied structures or premises at reasonable times to inspect subject to permission by the owner or the person in control of the premises and constitutional restrictions on unreasonable searches and seizures. If a code official is denied entry to any building or the premises after a request is made, said code official may obtain an administrative search warrant or other authorization from a court of law to enter the premises and conduct the necessary and authorized search. Such search warrant shall be requested from a court upon the submission of any photographs obtained from public property or neighboring property, an affidavit supporting a reason to believe a violation exists of this Property Maintenance Code or the building code, and/or any other supporting evidence justifying the issuance of the search warrant in compliance with Fourth Amendment requirements. If an owner, tenant or other person in control of the property voluntarily allows entry into the property, no such warrant shall be necessary. The inspection shall be limited to areas and purposes authorized by the person in control of the premises or the administrative search warrant. This chapter shall not be construed to require or authorize inspections where there is no cause to believe a violation exists.

(D) Right of Entry of Abandoned Structures and Lots. Abandoned structures and lots shall be subject to unrestricted, complete and thorough code inspections, including legal right of entry into those structures found unsecured. All abandoned structures and lots shall be subject to vigorous code enforcement and it shall be the duty of the code official to give abandoned structures and lots priority enforcement to ensure public safety and welfare.

(E) Identification. The code official shall carry proper identification when inspecting structures or premises in the performance of duties under this code.

(F) Coordination of Enforcement. Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility of the code official so charged by the City of Evansville. Whenever inspections are necessary by any other department, the code official shall make reasonable effort to arrange for the coordination of such inspections so as to minimize the number of visits by Inspectors, and to confer with the other departments for the purpose of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of any emergency orders.

(G) Rule-Making Authority. The Chief Administrative Officer or Building Commissioner shall have power as necessary in the interest of public health, safety and general welfare, to adopt and promulgate rules and regulations, to interpret and implement the provisions of this code to secure the intent thereof and to designate requirements applicable because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire performance requirements specifically provided for in this code or of violating accepted engineering practice involving public safety.

(H) Organization. The Chief Administrative Officer or Building Commissioner shall appoint such number of officers, technical assistants, inspectors and other employees as shall be necessary for the administration of this code and as authorized by the appointing authority. The Chief Administrative Officer or Building Commissioner is authorized to designate an employee as a deputy who shall exercise all the powers of code official during the temporary absence or disability of the code official.

(I) Restriction of Employees. An official or employee connected with the enforcement of this code shall not be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building, or the preparation of construction documents thereof, unless that person is the owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or with the interests of the department. [Ord. G-2008-29 §§ 3, 4, passed 12-10-08. 1983 Code § 15.150.179.]

15.15.060 Notice of violation.

(A) Notice to Owner, Occupant or Other Responsible Party – Content. For any property found to be in violation of the Property Maintenance Code, the Department of Code Enforcement (department) shall issue a notice of violation to the owner, tenant or other responsible party, or other party having a substantial property interest, giving the owner, or occupant or other responsible party not less than 10, nor more than 60, calendar days’ notice to correct the violation. If applicable, said notice shall also state that if violations are not corrected within the 10 days but no more than 60 days, the department may undertake the following action:

(1) Issue a monetary penalty for a violation of this code;

(2) Obtain a court order directing the owner, tenant or other responsible party to take corrective action; and/or

(3) Obtain a court order to enter the property and have the violations corrected either by its own workers and equipment or by a contractor hired by the department for this purpose. This notice must also state that if the violations are corrected by the department or its agent, the owner will be liable for the cost incurred by the department in correcting the violations, as well as the average processing cost incurred by the department in processing the matter.

Nothing herein shall prevent the owner from commencing legal proceedings against the tenant or other responsible party to enforce the provisions of a lease or seek other relief appropriate under the circumstances.

(B) Manner of Legal Service. Any notices to be given hereunder shall be deemed sufficiently given when placed in an envelope directed to the person to be notified at the owner’s address and deposited in a United States Post Office mailbox, postage prepaid. Such postal notice shall be by regular first class mail and by certified mail, return receipt requested. Should said return show that the person to be notified has refused delivery of such certified letter or that such certified letter was unclaimed by the addressee, this refusal or failure to claim such letter shall constitute sufficient service hereunder. In addition, such notice shall be posted at the property. The notice shall state:

(1) The location of the violation;

(2) The nature of the violation;

(3) The time period for correcting the violation;

(4) The remedy that the department may seek to abate the violation;

(5) Any penalty amounts resulting from the violation(s).

(C) Appeal of Notice of Violations and Penalties. An owner who receives a notice may appeal said notice and penalties in writing to the department. Said appeal may be filed in person with the department or by certified mail. Said appeal must be received by the department on or before the tenth calendar day after which the notice is served in subsection (B) of this section.

(D) Emergency Action. No section of this Property Maintenance Code shall prevent the department from executing emergency action as set forth in IC 36-7-9-9. [Ord. G-2008-29 §§ 5 – 9, passed 12-10-08. 1983 Code § 15.150.180.]

15.15.070 Liability for costs incurred in abating the violation.

(A) When a violation of the Property Maintenance Code is abated by action of the department or its contractor, the owner(s) of record at the time the notice to correct violation was sent is jointly and severally liable for the following costs:

(1) The actual cost of the work performed by the department or the bid price of work accomplished by a contractor;

(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred by the department in taking the technical, administrative, and legal actions concerning typical violations. In calculating the amount of the average processing expense, the following costs may be considered:

(a) The cost of obtaining reliable information about the identity and location of the owner.

(b) The cost of preparing and mailing notices.

(d) The prorated cost of motor vehicle operating costs for department-owned vehicles or the cost of mileage for the use of employees’ private vehicles.

(e) The cost of supplies, equipment and office space.

(B) The Board of Public Works shall determine the amount of the average processing expense at a public hearing, after notice has been given in the same manner as is required for other official action of the board. In determining the average processing expense, the board may fix the amount at a full dollar amount that is an even multiple of five. [1983 Code § 15.150.181.]

15.15.080 Notice of costs incurred in abatement of violation.

(A) The department shall issue a bill to the owner of the real property for the costs incurred by the department in bringing the property into compliance with this chapter, including administrative costs, abatement costs, and the costs of any penalty.

(B) The expenses incurred by the City to bring the property into compliance shall constitute a lien against the property. The lien is superior to all other liens except liens for taxes, in an amount that does not exceed:

(1) Two thousand five hundred dollars for real property that:

(a) Contains one or more occupied or unoccupied single- or double-family dwelling or appurtenances or additions to those dwellings; or

(b) Is unimproved; or

(2) Ten thousand dollars for all other real property not described in subsection (B)(1) of this section.

(C) If the owner of the real property fails to pay such bill when issued, the department shall, after 30 days, certify to the County Auditor the amount of the bill, plus any additional administrative costs incurred in the certification. The Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the municipal fund from which such costs were made.

(D) A property owner desiring to appeal the cost of abatement of violations shall petition the department in writing within 10 days of the date of the notice of cost of abatement of violation. The only bases for appeal which the department may consider include:

(1) The abatement of violation was corrected on the property for which the notice was issued or was removed by the department or its agent before the 10 days’ notice required by EMC 15.15.060;

(2) The owner was not served legal notice of the violation;

(3) The notification process was not completed properly.

The department shall consider such appeals and may adjust or waive said costs as warranted. [1983 Code § 15.150.182.]

15.15.090 Notice upon transfer of ownership.

It shall be a violation of this chapter for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of to another until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official. [1983 Code § 15.150.183.]

15.15.100 General requirements.

(A) Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.

(B) Responsibility.

(1) A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Property Maintenance Code.

(2) It shall be unlawful for an owner, occupant or utility provider to activate the electric, gas or water source to a premises without approval of the code official.

(C) Vacant Structures and Land. All vacant structures and premises thereon or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety. [Ord. G-2008-29 §§ 10, 11, passed 12-10-08. 1983 Code § 15.150.184.]

15.15.110 Exterior property areas.

(A) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property, which such occupant occupies or controls, in a clean and sanitary condition.

(B) Grading and Drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of water thereon, or within any structure located thereon. See Chapter 16.15 EMC, Erosion and Sediment Control for Sites of Less Than One Acre.

(C) Stairs. Stairs and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.

(D) Weeds and Rank Vegetation. See Chapter 8.05 EMC, Article VI.

(E) Rodent Harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by approved processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.

(F) Exhaust Vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.

(G) Accessory Structures. All accessory structures on premises shall be maintained in compliance with this chapter.

(H) Swimming Pools. Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

(I) Motor Vehicles. See Chapter 8.10 EMC, Article II, Abandoned Vehicles.

(J) Defacement of Property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti without the consent of the owner. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.

(K) Exterior Use or Storage of Indoor Furniture Prohibited. No person occupying or having control of any premises shall allow the use or storage of furniture which is upholstered or not designed for outdoor use in an uncovered or exposed area where it is likely to decay, decompose, or retain moisture causing a health hazard.

(L) No person shall construct or cause to be constructed any type of fencing or retaining walls in drainage easements. Any of the items found to be in a drainage easement will be ordered removed by the Building Commissioner or Code Official. Failure to comply with the order shall be considered a violation and subject the owner to fines pursuant to EMC 15.15.360. [Ord. G-2015-11 § 1, passed 4-27-15; Ord. G-2008-29 § 12, passed 12-10-08. 1983 Code § 15.150.185.]

15.15.120 Exterior structure.

(A) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety, welfare or be a public nuisance.

(B) Protective Treatment. All exterior surfaces, including, but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion, and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.

(C) Posting of Street Numbers. To enhance response for emergency services, it shall be the responsibility of each and every property owner, trustee, lessee, agent and occupant of each residence, apartment building, business or industry (“affected party”) to purchase, post and maintain address numbers as required under this policy at all times. Each structure to which a street number has been assigned shall have such number or number series displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals (or equivalent) at least three inches (76 mm) high and a minimum of one-half-inch (13 mm) stroke, and shall be a contrasting color from the background, house, apartment building, business or industry and be clearly visible night and day. Each required number shall be affixed on the front of the building or on a mailbox located on the same lot in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. If the structure is 50 feet or more from the road, the address number must be at the entrance to a driveway accessing the structure and on the structure if multiple buildings are located on the same drive. The sign at the drive or on a mailbox located on the same lot should be placed perpendicular to the road, or facing the road, so the number can be seen when traveling from either direction. If a structure can be accessed through an alleyway, the numbers must also be posted at the rear of the structure or on an outbuilding adjoining the alley in the same manner they are posted on the front of the structure. Multiple-unit structures should display the building number in such a manner as to be visible from the road as outlined above, and in addition unit numbers should be clearly placed at the entrance of each unit. It shall be the duty of each and every affected party, upon affixing a new address number, to remove any conflicting number. It shall be unlawful to cover any address number with any sign, drapery, or other obstruction tending to conceal such number.

Any affected party who is in violation of this section shall receive a notice of such violation from the Evansville Police Department and shall then have 15 days from the date of such notice to cure such violation. If such violation is not cured within such 15-day period, such affected party shall be fined in the amount of $25.00, and shall have another 15 days to cure such violation. If such violation is not cured during the second 15-day period, then such affected party shall be fined $50.00, and shall have another 15 days to cure the violation. If such violation is not cured during the third 15-day period, then such affected party shall be fined $100.00. Thereafter, such affected party shall be fined in the amount of $100.00 following each additional 15-day period that the affected party continues in violation of this section. All fines shall be deposited in the office of the City Clerk.

If any affected party is unable to conform to the specifications for posting of street numbers as set forth in this section, and wishes to use an alternative method of posting its street number, such alternative method must be approved in advance by the Evansville Police Department.

(D) Structural Members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.

(E) Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents. Mortar joints shall be maintained.

(F) Exterior Walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface-coated where required to prevent deterioration.

(G) Roofs and Drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roofing shall be installed as designed by its manufacturer. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Every structure shall have adequate gutters and downspouts in sound condition maintained in good repair to divert normal rainwater from the roof to available storm sewer or to other areas on the premises where dispersal of water will not adversely affect the foundation of any structure. If there is no storm sewer available, the downspouts shall terminate above grade with a diverter and splash block to direct water away from the foundation of this and adjacent dwellings. The code official shall have the authority to approve or disapprove the dispersal location of the roof water in conjunction with other regulations of this code. Approved altered drain system such as yard drains specifically designed to prevent water accumulation at foundation shall be considered an approved method of dispersal.

(H) Decorative Features. All cornices, belt courses, corbels, terra-cotta trim, wall facing and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.

(I) Overhang Extensions. All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(J) Stairways, Decks, Porches and Balconies. Every exterior stairway, deck, porch and balcony, and all attached or detached structures thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.

(K) Chimneys and Towers. All chimneys, cooling towers, smoke stacks, and similar attached or detached structures shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

(L) Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.

(M) Window and Doorframes. Every window, door and frame shall be kept in sound condition, good repair and weathertight.

(1) Glazing. All glazing materials shall be maintained free from cracks and holes.

(2) Openable Windows. Every window, other than a fixed window, shall be easily opened and capable of being held in position by window hardware.

(N) Insect Screens. During the period from April 1st to November 1st, every door, window and other outside opening utilized or required for ventilation purposes serving any structure containing habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch, and every swinging door shall have a self-closing device in good working condition.

Exception: Screen doors and windows shall not be required where other approved means, such as air conditioners, air curtains or insect-repellent fans are employed.

(O) Doors. All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units and rooming units shall tightly secure the doors.

(P) Basement Hatchways. Every basement hatchway shall be maintained in good condition to prevent the entrance of rodents, rain and surface drainage water and capable of supporting normally imposed loads.

(Q) Basement Windows. Every basement window that is openable shall be supplied with rodent-proof shields, storm windows or other approved protection against the entry of rodents. [Ord. G-2008-29 § 13, passed 12-10-08; Ord. G-2008-8, passed 3-18-08. 1983 Code § 15.150.186.]

15.15.130 Interior structure.

(A) General. Every occupant shall keep that part of the structure that such occupant occupies or controls in a clean and sanitary condition. Every owner of a structure containing a rooming house, a hotel, a motel, a dormitory, two or more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.

(B) Structural Members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

(C) Interior Surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.

(D) Lead-Based Paint. Interior and exterior painted surfaces of dwellings and child and day care facilities, including fences and outbuildings, which contain lead levels equal to or greater than 1.0 milligram per square centimeter or in excess of 0.50 percent lead by weight shall be maintained in a condition free from peeling, chipping and flaking paint or removed or covered in an approved manner on file with the Vanderburgh County Health Department. Any surface to be covered shall first be identified by approved warnings as to the lead content of such surface. See Chapter 8.05 EMC, Article VII.

(E) Stairs and Railings. All interior stairs and railings shall be maintained in sound condition and good repair and capable of supporting normally imposed loads.

(F) Stairs and Walking Surfaces. Every stair, ramp, and floor shall be maintained in sound condition and good repair and capable of supporting normally imposed loads.

(G) Handrails and Guardrails. Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition. [1983 Code § 15.150.187.]

15.15.140 Rubbish and garbage.

(A) Accumulation of Rubbish or Garbage. All exterior property and premises and the interior of every structure shall be free from any accumulation of rubbish or garbage. See EMC 8.10.030, Trash and debris, et seq.

(B) Disposal of Rubbish. Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such rubbish in approved containers. See EMC 8.05.040 through 8.05.150.

(C) Disposal of Garbage. Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such garbage in an approved garbage disposal facility or approved garbage containers. See EMC 8.05.040 through 8.05.150. [1983 Code § 15.150.188.]

15.15.150 Extermination.

(A) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.

(B) Owner. The owner of any structure shall be responsible for extermination of rodents and insects within the structure prior to renting or leasing the structure.

(C) Single Occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for extermination on the premises after taking possession of the property.

(D) Multiple Occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, or a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupants shall be responsible for extermination.

(E) Occupant Responsibilities. The occupant of any structure shall be responsible for the continued rodent-free condition of the structure, and if the occupant fails to maintain the rodent-free condition, the cost of extermination shall be the responsibility of the occupant.

Exception: Where rodent infestations are caused by defects in the structure, the owner shall be responsible for extermination. [1983 Code § 15.150.189.]

15.15.160 Light, ventilation and occupancy limitations.

(A) Scope. The provisions of this section shall govern the minimum conditions and standards for light, ventilation and space for occupying a structure.

(B) Responsibility. The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy, any premises that do not comply with the requirements of this section.

(C) Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation complying with the building codes listed in EMC 15.10.010 shall be permitted.

(D) Light.

(1) Habitable Spaces. Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a court. The minimum total glazed area for every habitable space shall be eight percent of the floor area of such room. Wherever walls or other portions of a structure face a window of any room and such obstructions are located less than three feet from the window and extend to a level above that of the ceiling of the room, such window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as contributing to the required minimum total window area for the room.

Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an adjoining room, the unobstructed opening to the adjoining room shall be at least eight percent of the floor area of the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the total floor area being served.

(2) Common Halls and Stairways. Every common hall and stairway, other than in one- and two-family dwellings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb or equivalent for each 200 square feet of floor area; provided, that the spacing between lights shall not be greater than 30 feet. Every exterior means of egress stairway, other than in one- and two-family dwellings, shall be illuminated with a minimum of one foot-candle (11 lux) at floors, landings and treads.

(3) Other Spaces. All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

(E) Ventilation.

(1) Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the window in every room shall be equal to at least 45 percent of the minimum glazed area required in subsection (D) of this section.

(2) Bathrooms and Toilet Rooms. Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required by subsection (D) of this section, except that a window shall not be required in spaces equipped with a mechanical ventilation system that complies with the following:

(a) Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted to the exterior and shall not be recirculated to any interior space, including the space from which such air is withdrawn.

(b) Air exhausted by a mechanical ventilation system from all other bathrooms or toilet rooms shall be exhausted to the exterior without recirculation to any space, or not more than 85 percent of the exhaust air shall be recirculated where the system is provided with effective absorption and filtering equipment.

(3) Process Ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dust or mists are generated, a local exhaust ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to the exterior and not be recirculated to any interior space.

(4) Clothes Dryer Exhaust. Clothes dryer venting systems shall be independent of all other systems and shall be vented to the exterior and in accordance with the manufacturer’s instructions. [Ord. G-2008-29 § 14, passed 12-10-08. 1983 Code § 15.150.190.]

15.15.170 Occupancy limitations.

(A) Privacy. Dwelling units, rooming units and dormitory units shall be arranged to provide privacy and be separate from other adjoining spaces.

(B) Area for Sleeping Purposes. Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.5 m2) of floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50 square feet (4.6 m2) of floor area for each occupant thereof.

(C) Water Closet Accessibility. Every bedroom shall have access to at least one water closet and one lavatory affording privacy and flooring impervious to water so as to permit the floor to be easily kept in a clean and sanitary condition.

(D) Overcrowding Prohibited. More occupants than permitted by the minimum area requirements of Table 1 below shall not occupy dwelling units.

Table 1

MINIMUM AREA REQUIREMENTS
Minimum area in square feet**
Space	1 – 2 occupants	3 – 5 occupants	6 +
Living room*	No Req.	120	150
Dining room*	No Req.	80	100
Kitchen	50	50	60
Bedrooms	Shall comply with subsection (B) of this section

* See subsection (E) of this section for combined living room/dining room spaces.

** One square foot = 0.093 m2.

(E) Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of Table 1 above, if the total area is equal to that required for separate rooms and if the space is located so as to function as a combination living room/dining room.

(F) Prohibited Occupancy. Kitchens, uninhabitable spaces and interior public areas shall not be occupied for sleeping purposes.

(G) Minimum Ceiling Heights. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas shall have a clear ceiling height of not less than seven feet (2,134 mm).

Exceptions:

(1) In one- and two-family dwellings, beams or girders spaced not less than four feet (1,219 mm) on center and projecting not more than six inches (152 mm) below the required ceiling height.

(2) Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation purposes, having a ceiling height of not less than six feet eight inches (2,033 mm) with not less than six feet four inches (1,932 mm) of clear height under beams, girders, duct and similar obstructions.

(3) Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all or part of the room, with a clear ceiling height of at least seven feet (2,134 mm) over not less than one-third of the required minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a clear ceiling height of five feet (1,524 mm) or more shall be included.

(H) Minimum Room Widths. A habitable room, other than a kitchen, shall not be less than seven feet (2,134 mm) in any plan dimension. Kitchens shall have a clear passageway of not less than three feet (914 mm) between counter fronts and appliances or counter fronts and walls.

(I) Food Preparation. All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage. Flooring should be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition.

(J) Efficiency Unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following requirements:

(1) A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet (29.7 m2). These required areas shall be exclusive of the areas required by subsections (J)(2) and (3) of this section.

(2) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this code shall be provided.

(3) The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or shower.

(4) The maximum number of occupants shall be three.

(K) Emergency Escape and Rescue Openings. Every sleeping room shall have at least one openable emergency escape and rescue window or exterior door opening for emergency escape and rescue. Where openings are provided as a means of escape and rescue they shall have a sill height of not more than 44 inches above the floor. The net clear opening dimensions required by this section shall be obtained by the normal operation of the window or door opening from the inside. Escape and rescue window openings with a finished sill height below the adjacent ground elevation shall be provided with a window well in accordance with subsection (O) of this section.

(L) Minimum Opening Area. All emergency escape and rescue openings shall have a minimum net clear opening of 4.75 square feet for one- and two-family dwellings and 5.7 square feet for all others.

Exception 1: Grade floor openings shall have a minimum net clear opening of 4.75 square feet for one- and two-family dwellings and five square feet for all others.

Exception 2: Existing dwellings shall comply with subsection (K) of this section.

(M) Minimum Opening Height. The minimum net clear opening height for all emergency escape and rescue openings shall be 24 inches. In order to comply with subsection (L) of this section, the minimum opening width for a 24-inch height is 28.5 inches.

(N) Minimum Opening Width. The minimum net clear opening width shall be 20 inches. In order to comply with subsection (L) of this section, the minimum opening height for a 20-inch width is 34.5 inches.

(O) Window Wells. The horizontal dimensions of a window well shall allow the emergency escape and rescue opening to be fully opened. The horizontal dimensions of the window well shall provide a minimum net clear area of nine square feet with a minimum horizontal projection and width of 36 inches.

Exception: The ladder or steps required by subsection (P) of this section shall be permitted to encroach a maximum of six inches into the required dimensions of the window well.

(P) Ladder and Steps. Window wells with a vertical depth greater than 44 inches shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. Ladders or rungs shall have an inside width of at least 12 inches, shall project at least three inches from the wall and shall be spaced not more than 18 inches on center vertically for the full height of the window well.

(Q) Security. Bars, grilles or screens placed over emergency escape windows shall be releasable or removable from the inside without the use of a key, tool or force greater than that which is required for normal operation of the window. [1983 Code § 15.150.191.]

15.15.180 Plumbing facilities and fixture requirements.

(A) Scope. The provisions of this section through EMC 15.15.240 shall govern the minimum plumbing facilities and plumbing fixtures to be provided.

(B) Responsibility. The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any structure or premises that does not comply with the requirements of this section through EMC 15.15.240.

The tenant or occupant shall not cause the obstruction of any plumbing facilities or fixtures. [1983 Code § 15.150.192.]

15.15.190 Required facilities.

(A) Dwelling Units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the water closet or located in close proximity to the door leading directly into the room in which such water closet is located.

The tenant or occupant shall not cause the obstruction of any plumbing facilities or fixtures.

(B) Rooming Houses. At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

(C) Hotels. Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one bathtub or shower having access from a public hallway shall be provided for each 10 occupants.

(D) Employees’ Facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to employees at hotels. [1983 Code § 15.150.193.]

15.15.200 Toilet rooms.

(A) Privacy. Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or other space, or to the exterior. A door and interior locking device shall be provided for all common or shared bathrooms and toilet rooms in a multiple dwelling.

(B) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units shall have access by traversing not more than one flight of stairs and shall have access from a common hall or passageway. [1983 Code § 15.150.194.]

15.15.210 Plumbing fixtures.

(A) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

The tenant or occupant shall not cause the obstruction of any plumbing facilities or fixtures.

(B) Fixture Clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.

(C) Plumbing System Hazards. Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. [1983 Code § 15.150.195.]

15.15.220 Water system.

(A) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water.

(B) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall be located above the flood-level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmosphere-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.

(C) Supply. The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures, devices and attached or detached structures in sufficient volume and at pressures adequate to enable the fixtures to function properly, safely, and free from defects and leaks.

(D) Water Heating Facilities. Water heating facilities shall be properly installed, maintained and provide an adequate amount of water to be drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than 110 degrees Fahrenheit (43 degrees centigrade). A gas-burning water heater shall not be located in any bathroom, toilet room, bedroom or other occupied room normally kept closed, unless adequate combustion air is provided. An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be properly installed and maintained on water heaters. [1983 Code § 15.150.196.]

15.15.230 Sanitary drainage system.

(A) General. All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private sewage disposal system.

(B) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions, leaks and defects.

The occupants shall not cause the obstruction of any sanitary drainage system. [1983 Code § 15.150.197.]

15.15.240 Storm drainage.

Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be discharged in a manner that creates a public nuisance or adversely affects the foundation of any building. [1983 Code § 15.150.198.]

15.15.250 Mechanical and electrical requirements.

(A) Scope. The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to be provided.

(B) Responsibility. The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises which does not comply with the requirements of this section.

(1) Facilities Required. Heating facilities shall be provided in structures as required by this section.

(2) Residential Buildings. Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 65 degrees Fahrenheit (18 degrees centigrade) in all habitable rooms, bathrooms, and toilet rooms based on the outside temperature being no lower than 10 degrees Fahrenheit.

(3) Heat Supply. Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit, dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof shall supply sufficient heat during the period from October 1st to May 1st to maintain the room temperatures specified in subsection (C)(2) of this section, during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60 degrees Fahrenheit (16 degrees centigrade) during other hours.

(4) Room Temperature Measurement. The required room temperatures shall be measured at a point three feet (914 mm) above the floor and three feet (914 mm) from the exterior walls. [1983 Code § 15.150.199.]

15.15.260 Mechanical equipment.

(A) Mechanical Equipment. All Mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Portable heating devices or equipment not designed for permanent installation shall not be used as primary source of heating in any building. Fireplaces that are not intended for use or are unsafe shall be sealed off to prevent usage.

(B) Equipment Access. Access to mechanical equipment shall be maintained under all weather conditions.

(C) Cooking and Heating Equipment. All cooking and heating equipment, components and accessories in every heating, cooking and water-heating device shall be maintained free from leaks and obstructions.

(D) Cooking Equipment. Cooking appliances shall not be used to provide space heating to meet the minimum requirements of EMC 15.15.250(C)(3).

(E) Flue. All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances, which are labeled for unvented operation and are equipped with an oxygen depletion-warning device.

(F) Clearances. All required clearances to combustible materials shall be maintained.

(G) Safety Controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.

(H) Combustion Air. A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the fuel-burning equipment.

(I) Energy Conservation Devices. Devices purporting to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply line thereto, or to the vent outlet or vent piping therefrom, shall not be installed unless labeled for such purpose and the installation is specifically approved. [1983 Code § 15.150.200.]

15.15.270 Electrical facilities.

(A) Facilities Required. Every occupied building shall be provided with an electrical system in compliance with the requirements of this section.

(B) Electrical System Hazards. Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation, deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to eliminate the hazard. [1983 Code § 15.150.201.]

15.15.280 Electrical equipment.

(A) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and approved manner.

(B) Receptacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle. Every bathroom and areas within six feet of kitchen sinks shall contain GFCI receptacles.

(C) Lighting Fixtures. Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall contain at least one electric lighting fixture. [1983 Code § 15.150.202.]

15.15.290 Duct systems.

(A) General. Duct systems shall be maintained free of all obstructions and shall be capable of providing the required function.

The tenant or occupant shall not cause the obstruction of any duct system. [1983 Code § 15.150.203.]

15.15.300 Fire safety requirements.

(A) Scope. The provisions of this section through EMC 15.15.340 shall govern the minimum conditions and standards for fire safety relating to structures and exterior premises, including fire safety facilities and equipment to be provided.

(B) Responsibility. The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any premises that do not comply with the requirements of this section through EMC 15.15.340. [1983 Code § 15.150.204.]

15.15.310 Means of exiting.

(A) General. A safe, continuous and unobstructed means of exiting shall be provided from the interior of a structure to a public way.

(B) Exit Capacity. The capacity of the exits serving a floor shall be sufficient for the occupant load thereof.

(C) Number of Exits. In buildings, every occupied story more than two stories above grade shall be provided with not less than two independent exits. In stories where more than one exit is required, all occupants shall have access to at least two exits. Every occupied story that is totally below grade shall be provided with not less than two independent exits.

Exception: A single exit is acceptable under any one of the following conditions:

(1) Where the building is equipped throughout with an automatic sprinkler system and an automatic fire detection system with smoke detectors located in all corridors, lobbies and common areas.

(2) Where the building is equipped throughout with an automatic fire detection system and the exit is an approved smoke-proof enclosure or pressurized stairway.

(3) Where an existing fire escape conforming to the building code is provided.

(4) Where the occupant load is less than 10 persons and where a window can be utilized for escape because of its size and location.

(D) Arrangement. Exits from dwelling units, rooming units and dormitory units shall not lead through other such units, or through toilet rooms or bathrooms.

(E) Exit Signs. All means of exiting shall be indicated with approved “Exit” signs where required by the building code. All “Exit” signs shall be maintained visible and illuminated when required by the building code. “Exit” signs shall be illuminated at all times that the building is occupied when required by the building code.

(F) Corridor Enclosure. All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or shall be self-closing.

Exceptions

(1) Corridors in occupancies other than hazardous occupancies which are equipped throughout with an automatic sprinkler system.

(2) Corridors that are in compliance with the building code.

(G) Dead-End Travel Distance. All corridors that serve more than one exit shall provide direct connection to such exits. The length of a dead-end corridor shall not exceed 20 feet where the building is not equipped throughout with an automatic sprinkler system. The dead-end travel distance limitation shall be increased to 40 feet where the building is equipped throughout with an automatic sprinkler system.

(H) Stairways, Handrails and Guardrails. Every exterior and interior flight of stairs having more than three risers shall have at least one handrail. Every open portion of a landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches above the floor or grade below shall have guardrails. Handrails shall not be less than 34 inches nor more than 38 inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guardrails shall not be less than 36 inches high above the floor of the landing, balcony, porch, deck, ramp or other walking surfaces in one- and two-family dwellings and 42 inches in all others. Balusters or intermediate supports on guardrails shall be spaced to prevent the passage of a four-inch sphere.

(I) Information Signs. A sign shall be provided at each floor landing in all interior stairways more than three stories above grade, designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be identified by approved signs in accordance with the requirements for new buildings in the building and fire codes.

Exception: The emergency sign shall not be required for elevators that are part of an accessible means of exiting complying with the building code. [Ord. G-2008-29 § 15, passed 12-10-08. 1983 Code § 15.150.205.]

15.15.320 Accumulations and storage.

(A) Accumulations. Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways, doors, windows, fire escapes or other means of exiting. If the premises are leased, common areas and areas under the control of the owner shall be the responsibility of the owner and all other areas leased by the tenant shall be the responsibility of the tenant.

(B) Hazardous Material. Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless such storage complies with the applicable requirements of the building code and the fire prevention code. If the premises are leased, common areas and areas under the control of the owner shall be the responsibility of the owner and all other areas leased by the tenant shall be the responsibility of the tenant. [1983 Code § 15.150.206.]

15.15.330 Fire resistance ratings.

The fire resistance rating of floors, walls, ceilings, and other elements and components shall be maintained. Alterations or repairs shall not reduce the fire rating of any assembly. [1983 Code § 15.150.207.]

15.15.340 Smoke detectors.

(A) General – Installation. Every dwelling unit shall be equipped with a minimum of one smoke detector installed in accordance with the following:

(1) Existing operable smoke detectors, the installation of which conformed to State building and electrical codes at the time of their installation; or

(2) Installation of a smoke detector shall meet the criteria of the Indiana Building Code and the Indiana One- and Two-Family Dwelling Code but in no event more than 15 feet from the bedroom or sleeping area.

(3) At least one smoke detector shall be installed on each story.

(B) Power Source. Each smoke detector shall be Underwriters Laboratories, Inc. (UL) approved unless installed prior to the effective date of the ordinance codified in this chapter and otherwise in compliance with State building and electrical codes at the time of installation, and shall produce an alarm signal upon detection of any visible or invisible particles of combustion. Each smoke detector shall be either battery-powered with a minimum of nine volts, or powered by a 110-volt alternating unswitched current, or industry equivalent as future technology develops.

(C) Responsibility. An owner of a dwelling unit shall provide an operable smoke detector or smoke detectors as are required herein in each dwelling unit before such dwelling unit is occupied as a dwelling unit by any person. If the premises are leased, the tenant shall be responsible for maintaining any battery necessary for operation of the smoke detector.

(D) Testing. The occupant of a dwelling unit shall test each smoke detector at least annually to ensure its operation. If an occupant discovers a malfunctioning unit, and is not the owner of said unit, the occupant shall notify the owner within 48 hours by certified mail of the malfunction. Upon notification, the owner shall repair the malfunction within 72 hours, unless the malfunction is due to battery maintenance which is the responsibility of the tenant.

(E) Battery Maintenance. The occupant of a dwelling unit shall ensure that an operable battery is maintained in each battery-operated smoke detector during his occupancy of the dwelling unit.

(F) Smoke Detector Maintenance. If the owner does not occupy a dwelling unit, the owner of the dwelling unit shall maintain each smoke detector, except for the battery, after others occupy the dwelling unit. The owner of each battery-powered smoke detector shall supply an operable battery before any person occupies a dwelling unit as a dwelling unit.

(G) Relief from Responsibility. Nothing herein shall prevent the owner from assuming greater responsibilities for maintenance, but the occupant shall not be relieved of his responsibilities under this section by such actions of the owner.

(H) Enforcement. The Fire Chief or his designee, the Building Commissioner or his designee, the Chief Administrative Officer or his designee may enforce this section and any other person duly designated by the Mayor.

(I) Violation. Any person who violates the provisions of this section shall be subject to a fine of $100.00 for each violation, and each day of noncompliance shall be a separate violation. Any person who intentionally disables a smoke detector shall be subject to a minimum fine of $200.00 for each violation. Additionally, any person who violates the provisions of this section shall be subject to any and all remedies allowed by law for enforcement of ordinances. [Ord. G-2008-29 § 16, passed 12-10-08. 1983 Code § 15.150.208.]

15.15.350 Referenced standards.

Standards for this chapter shall be those listed in EMC 15.10.010. [1983 Code § 15.150.209.]

15.15.360 Violations and penalty.

(A) Unlawful Acts. It shall be unlawful for any person, entity, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another person to occupy any premises, property, structure or equipment regulated by this section, or cause same to be done, contrary to or in conflict with or in violation of any of the provisions of this Property Maintenance Code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or notice posted under the provisions of this section.

(B) Penalty. Any person who shall violate a provision of this section shall be subject to a civil penalty of not less than $100.00 per violation for the first notice of violation in any calendar year, with the second violation during any calendar year carrying a civil penalty of $250.00 per violation, and the third and subsequent violations during any calendar year carrying a penalty of $500.00 per violation. The violations must be on the same property or structure to increase the penalty. A court of law may assess additional civil penalties of up to $5,000 against the property owner for noncompliance.

(1) For non-emergency cases, the department shall issue a notice of violation and penalties as prescribed in EMC 15.15.060. If the violation(s) have been corrected within the time frame listed in the notice, no further action will be taken and no penalties imposed. The department may, at its discretion, extend the time period needed to correct the violation if the violator has contacted the department within the time frame and is working in good faith to remedy the problem.

(2) If the violation(s) identified in the notice have not been corrected within the listed time frame, the penalties for a first violation shall be imposed. The violator will then have a minimum of 10 calendar days to pay the penalty amount and correct the violation(s) or face additional notices, and/or progressive penalties as outlined in subsection (B) of this section, and/or legal action.

(3) If, after the first notice of violation is issued, the violator refuses to pay the penalty, or correct the violation(s), the department may send additional notices and/or impose progressive penalties, and/or file a lien against the property, and/or seek legal action through an administrative hearing and/or court of law.

(4) It is not mandatory for a violator to be given notice multiple times before liens are imposed or legal action is sought. Subsequent notices of violations and penalties shall not be issued sooner than 10 calendar days from the postmarked date of the previous notice. Total penalty amounts shall not exceed $2,500 for initial notices and $7,500 for each subsequent violation occurrence. Violators may appeal notices and penalties as set forth in EMC 15.15.060(C).

(D) If a judgment is entered against a defendant in an action to enforce this Property Maintenance Code, the defendant may perform community restitution or service (as defined in IC 35-41-1-4.6) instead of paying the monetary judgment for the ordinance violation if:

(1) The defendant and the attorney for the City agree to the defendant’s performance of community restitution or service instead of the payment of a monetary judgment;

(2) The terms of the agreement described in subsection (D)(1) of this section:

(a) Include the amount of the judgment the City requests that the defendant pay under IC 34-28-5-4(e) for the ordinance violation if the defendant fails to perform the community restitution or service approved for in the agreement as approved by the court; and

(b) Are recorded in a written instrument signed by the defendant and the attorney for the City;

(3) The agreement is filed in the court where the judgment was entered; and

(4) The court approves the agreement.

If a defendant fails to comply with an agreement approved by a court hereunder, the court shall require the defendant to pay up to the amount of the judgment requested in the action under IC 34-28-5-4(e) as if the defendant had not entered into an agreement hereunder. This provision is adopted under and shall be construed consistent with IC 34-28-5-1(g).

(E) In addition to any fines or penalties approved by a court, said court may order the tenant, occupant or owner, as appropriate, to make such repairs as are necessary to bring the property into compliance with this Property Maintenance Code.

(F) All fines, fees and penalties collected through this Property Maintenance Code shall be deposited in the Unsafe Building Fund as set forth in IC 36-7-9-14. [Ord. G-2008-29 §§ 17, 18, passed 12-10-08; Ord. G-2005-20, passed 10-25-05; Ord. G-97-12, passed 8-4-97. 1982 Code § 150.999; 1983 Code § 15.150.210.]