The definitions in I.C. 36-7-9-1 through 36-7-9-28 are adopted by reference. Without limiting those definitions, they are supplemented as follows:
DEPARTMENT. The Office of the Town Manager of the Town of Bargersviile, Indiana.
ENFORCEMENT AUTHORITY. The Town Manager of the Town of Bargersviile, Indiana and/or the delegee of the Town Manager.
HEARING AUTHORITY. The person or persons designated as such by the Town Council of the town. Such designation(s) may be made by amendment(s) to this chapter and/or by resolutions) adopted from time to time.
SUBSTANTIAL PROPERTY INTEREST. Has the meaning set out in I.C. 36-7-9-2. Pursuant to I.C. 36-7-9-3, that definition is specifically incorporated by reference.
UNSAFE BUILDING and UNSAFE PREMISES.
(1) Have the meanings that are set out in I.C. 36-7-9-1 through 36-7-9-28. Further, and not in limitation of the meanings set forth in the Indiana Code, UNSAFE BUILDING and UNSAFE PREMISES include the following:
(2) Any building or premises which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building or premises, provided that the conditions or defects exist to the extent that life, limb, health, property, public safety or welfare are endangered and/or a nuisance, attractive nuisance or hazard to the public exists:
(a) Whenever the stress in any material, member or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for any similar new building or premises, purpose or location;
(b) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse;
(c) Whenever any portion of a building or premises, 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 or resisting a wind pressure of one-half of that specified for any similar new building or premises, purpose or location of that specified for any similar new building or premises, purpose or location without exceeding the working stresses permitted for the premises;
(d) Whenever any portion of a building or premises 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 any similar new building or premises;
(e) Whenever a building or premises, or any portion thereof, because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building or premises;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause, is likely to partially or completely collapse;
(f) Whenever, for any reason, a building or premises, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(g) Whenever the exterior walls or other vertical structural members of a building or premises list, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(h) Whenever, a building or premises, 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;
(i) Whenever a building or premises has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become:
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unlawful acts;
(j) Whenever any building or premises has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or premises as provided by this chapter, this code or the laws of the state;
(k) Whenever any building or premises which, whether or not erected in accordance with all applicable laws and ordinances, has in any nonsupporting part, member or portion less than 66% of the:
1. Strength;
2. Fire-resisting qualities or characteristics; or
3. Weather-resisting qualities or characteristics required by law in the case of any newly constructed building or premises of like area, height and occupancy in the same locution;
(l) Whenever any building or premises used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, or because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resisting construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined to be a fire hazard;
(m) Whenever for a period in excess of six months, any portion of a building or premises remain on a site after the demolition or destruction of the building or premises, or whenever any portion of a building or premises remain unconstructed or unfinished, or whenever any building or premises is abandoned for a period, so as to constitute a nuisance, attractive nuisance or hazard to the public.
(Ord. 2013-23A, passed 8-27-2013)