For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SUBSTANTIAL PROPERTY INTEREST. The definition set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
UNSAFE BUILDING. The description contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the jurisdictional area of the town by adding the following definitions:
(1) Any building or structure which has any or all of the conditions or defects described in subsections (2) through (12) below, provided that the conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered.
(2) 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.
(3) 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.
(4) The stress in any materials, member, or portion thereof, due to all dead and live loads, is more than 1 times the working stress or stresses allowed for new buildings of similar structure, purpose or location.
(5) Any portion of the building or structure 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 the catastrophe, and is less than the minimum requirements for new buildings of similar structure, purpose, or location.
(6) 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 non- supporting members, enclosing or outside walls or coverings.
(7) 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.
(8) The 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 contained in §§ 150.01 and 150.02, or of any law or ordinance of the state or the town relating to the condition, location or structure of buildings.
(9) The building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 60% 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.
(10) The 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, sanitation facilities or otherwise is determined by the County Health Official to be unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease.
(11) The building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits or lack of sufficient fire-resistive construction is determined by the Town Fire Chief to be a fire hazard.
(12) Any portion of the building or structure remains on a site after the demolition or destruction of the building or structure, or the building or structure is abandoned for a period in excess of six months so as to constitute the building or portion thereof an attractive nuisance or hazard to the public.
(Ord. 1249-88, passed 2-10-1988)