CHAPTER 100
UNSAFE BUILDING AND PREMISES
Section
100.04 Statutes adopted by reference
100.05 Declaration of nuisance, abatement
100.07 Supplementary standards
100.01 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT AUTHORITY. As defined by I.C. 36-7-9-2; the Building Commissioner of the city who is hereby invested with all the powers, duties and privileges set forth in I.C. 36-7-9-1 et seq.
SUBSTANTIAL PROPERTY INTEREST. Set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
(Ord. 2005-1896, passed 11-28-2005)
100.02 ENFORCEMENT.
The Building Commissioner of the city is authorized to administer and to proceed under the provisions of this chapter.
(Ord. 2005-1896, passed 11-28-2005)
100.03 VIOLATIONS.
No person, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this chapter or any order issued by the Building Commissioner.
(Ord. 2005-1896, passed 11-28-2005)
100.04 STATUTES ADOPTED BY REFERENCE.
The Provisions of the Unsafe Building Law, I.C. 36-7-9-1 et seq., and any amendments thereto, are hereby adopted and incorporated in this chapter by reference. All proceedings within the city for the inspection, repair, and removal of unsafe buildings shall be governed by such law and the provisions of this chapter. If the provisions of this chapter conflict with the provisions of I.C. 36-7-9-1 et seq., and any amendments thereto, the provision of the state statute shall control.
(Ord. 2005-1896, passed 11-28-2005)
100.05 DECLARATION OF NUISANCE, ABATEMENT.
All buildings or portions thereof within the city which are determined after inspection by the Building Commissioner to be unsafe are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.
(Ord. 2005-1896, passed 11-28-2005)
100.06 BOARD CREATED.
There is hereby created a hearing authority on enforcement of building standards, and that hearing authority shall be the three member Board of Public Works and Safety.
(Ord. 2005-1896, passed 11-28-2005)
100.07 SUPPLEMENTARY STANDARDS.
The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the city by adding the following definition:
UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered:
(1) Whenever any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(3) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than 1-1/2 times the working stress or stresses allowed for new buildings or similar structure, purpose or location.
(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose or location.
(5) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(6) Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of 1/2 of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings.
(7) Whenever any portion thereof has wrecked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction.
(8) Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of:
(a) Dilapidation, deterioration, or decay;
(b) Faulty construction;
(c) The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay, or inadequacy of its foundation; or
(e) Any other cause.
(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(10) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle 1/3 of the base.
(11) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings.
(12) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance to children, or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(13) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this city, or of any law of this state or ordinance of the city relating to the condition, location, or structure of buildings.
(14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the (a) strength, (b) fire-resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.
(15) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(Ord. 2005-1896, passed 11-28-2005)
100.08 CONSTRUCTION STANDARDS.
(A) General Standards. All work for the reconstruction, repair, or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices in the trade. The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this chapter or orders issued pursuant to this chapter by the Building Commissioner.
(B) Specific uniform standards regarding boarding and sealing. Any boarding or sealing of windows, door frames or other openings shall be done as follows:
(1) The material for boarding or sealing shall be plain wooden material of at least 1/2 inch in thickness;
(2) The material shall be of 1 piece whenever possible;
(3) The material shall be in a size at least as large, but no larger than, the opening which it covers;
(4) The material shall be affixed to the building or other structure with screws, nails or other appropriate fasteners in a secure manner;
(5) The material that will be exposed to the elements shall be made to be weather resistant; and
(6) The materials shall be applied in such a manner as to be as unobtrusive as possible.
(Ord. 2005-1896, passed 11-28-2005; Am. Ord. 2012-2041, passed 5-14-2012)
100.09 FUND ESTABLISHED.
An unsafe building fund is hereby established in accordance with the provisions of I.C. 36-7-9-14. Appropriations made by the Common Council shall be deposited in the fund to be used for the purposes described in the chapter. Appropriations for all years shall be made directly to the fund. In addition, monies from all sources outlined in I.C. 36-7-9-14 may be deposited into the fund.
(Ord. 2005-1896, passed 11-28-2005)