§ 101-292. Unsafe Building Law.

(a)

Adopted by reference. Pursuant to the authority granted by the Indiana General Assembly, the city hereby adopts the Unsafe Building Law, being IC 36-7-9-1 through 36-7-9-28, as it may be amended from time to time.

(b)

Definitions. The definitions set forth in IC 36-7-9-2 are incorporated by reference herein in their entirety, including the definition of substantial property interest therein; and for purposes of this section, the following additional definitions shall apply:

Dilapidated means no longer adequate for the purpose or use for which it was originally intended.

Public nuisance includes:

(1)

Any physical condition, use, or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations, and unsafe fences or structures; or for which the required precautions against trespassers have not been provided.

(2)

Any premises from which the plumbing, heating, electrical, and facilities required by law have been removed, or from which utilities have been disconnected, destroyed, removed, or rendered ineffective.

(3)

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

(4)

Any structure where the paint has been severely removed by time, or where the paint is checked or bleeding.

Unsafe building means, in addition to the definition thereof contained in IC 36-7-9-4, any building or structure which has any or all of the conditions or defects herein described, provided that these 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 a 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 1½ times the working stress or stresses allowed for new buildings of similar structure, purpose, or location.

(4)

Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to an extent that the structural strength or stability thereof is materially less than it was before the 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 one-half 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 wracked, 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, structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting the building; the deterioration, decay, or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse.

(10)

Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.

(11)

Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumbline passing through the center of gravity does not fall inside the middle one-third of the base.

(12)

Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting members, or 50 percent damage or deterioration of its nonsupporting members, enclosing or outside walls, or coverings.

(13)

Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated so as to become an attractive nuisance to children, or freely accessible to persons for the purpose of committing unlawful acts.

(14)

Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by the building regulations of this city, or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings.

(15)

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 percent, or in any supporting part, member, or portion less than 66 percent of the strength, 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.

(16)

Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air, or sanitation facilities, or otherwise, is determined by the county health officer to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.

(17)

Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, or lack of sufficient fire-resistive construction is determined by the chief of the city fire inspection bureau to be a fire hazard.

(18)

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 that building or portion thereof an attractive nuisance or hazard to the public.

(c)

It shall be unlawful for any person or organization with a substantial property interest, as that term is defined in IC 36-7-9-2, to maintain or permit the existence of a public nuisance or unsafe building within the corporate limits of the city.

(d)

The code enforcement department is hereby designated as the executive department which shall administer the provisions of the property maintenance code of the city. The director of the code enforcement department shall be the person responsible for the administration of property maintenance code of the city.

(e)

The board of public works and safety shall have the responsibility for establishing and fixing the average processing expense as provided in IC 36-7-9-12.

(f)

As provided by IC 36-7-9-14, a fund designated as the Unsafe Building Fund shall be established in the operating budget of the code enforcement department. Any balance remaining at the end of the fiscal year shall be carried over in the fund for the following year and shall not revert to the general fund. Monies for the fund may be received from any source, including appropriations by local, state, or federal governments and donations. As further provided by IC 36-7-9-15, the code enforcement department may take action to transfer to the Unsafe Building Fund all or any part of any money which may exist in the Building, Demolition, Repair and Contingent Fund which may have been created, or which may exist in any similar designated demolition fund in the city budget.

(g)

The administrative hearing procedure provided for in IC 36-7-9-1 et seq. may be utilized by the city in the enforcement of any provision of this Code.