(A) Adoption by reference. I.C. 36-7-9-1 through 36-7-9-28, as amended from time to time, which address unsafe buildings and the enforcement of building standards, are hereby adopted and incorporated in full by this reference, and are supplemented by the additional terms and conditions of this section. Two copies of the same are on file in the office of the Clerk-Treasurer. All proceedings within the city for the inspection, repair, and removal of unsafe buildings shall be governed by this law and the provisions of this section. In the event the provisions of this section conflict with the provisions of I.C. 36-7-9-1 through 36-7-9-28, then the provisions of the state statute shall control.
(B) Definitions. For purposes of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CITY. The City of Berne, Indiana.
DIRECTOR. The Building and Planning Director of the city.
ENFORCEMENT AUTHORITY. The Building and Planning Director of the city.
HEARING AUTHORITY. The members of the Board of Public Works and Safety and the Clerk- Treasurer.
MAYOR. The city executive and the head of the executive branch of the city’s government.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized hereunder, including a fee interest, a life estate interest, a future interest, a present possessory interest and/or the equitable interest of a contract purchaser.
UNSAFE PREMISES. An UNSAFE BUILDING, as defined in division (H) below, and the tract of real property on which the unsafe building is located.
(C) Nuisance. All buildings, or portions thereof, within the city which are determined, after inspection by the Director, to be UNSAFE, as defined in division (H) below, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the terms and conditions of this section.
(D) Authorized official. The Director shall be authorized to administer and enforce this section and to proceed under the provisions hereof in ordering the repair, removal or other disposition of any building or structure found to be unsafe.
(E) Hearing. Any hearing required pursuant to such order shall comply with I.C. 36-7-9-7.
(F) Action performed by contractor. Pursuant to I.C. 36-7-9-10 and 36-7-9-11, the Mayor may cause any action required by an order of the Director hereunder to be performed by a contractor.
(G) Authority to determine compliance. Any provision hereof which provides for the approval or direction of the Director, or any other officer of the city, shall be construed as giving such person only the discretion to determine whether compliance with the rules and standards established by this section have occurred, and not as giving such person any discretionary powers as to the substance of such rules and standards, nor any power to require conditions not prescribed by this section, nor any power to enforce these section provisions in an arbitrary or discriminatory manner.
(H) Unsafe building defined. An UNSAFE BUILDING under this section shall be any building or structure, or any part of a building or structure, that:
(1) Is in an impaired structural condition that makes it unsafe to a person or property;
(2) Is a fire hazard;
(3) Is a hazard to the public health;
(4) Is a public nuisance;
(5) Is dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance;
(6) Is vacant and not maintained in a manner that would allow human habitation, occupancy or use under the requirements of any statute or ordinance;
(7) Has any door, aisle, passageway or other means of exit that is not of sufficient width or size, or is not arranged so as to provide safe and adequate means of exit in case of fire or panic;
(8) Has the walking surface of any aisle, passageway, stairway or other means of exit so warped, worn, loose or otherwise unsafe so as not to provide safe and adequate means of exit in case of fire or panic;
(9) Has stress on any material, member or portion thereof, due to dead and/or live loads, that is more than one and one-half times the working stress allowed for new buildings of similar structure, purpose or location;
(10) Has any portion thereof that has been damaged by fire, earthquake, wind, flood or other cause to such an extent that the structural strength or stability thereof is materially less than it was before such event, and is less than the minimum requirements for new buildings of similar structure, purpose, or location;
(11) Has any portion, member or appurtenance thereof that is reasonably likely to fail, to become detached or dislodged, or to collapse, and thereby injure persons or damage property;
(12) Has any exterior portion, member, appurtenance or ornamentation thereon that is not of sufficient strength or stability, or is not anchored, attached or fastened, 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;
(13) Has any portion thereof that was 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 new buildings of similar structure, purpose or location;
(14) Is, or has any portion thereof that, 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 support of such building;
(d) The deterioration, decay, or inadequacy of its foundation; or
(e) Any other cause;
is reasonably likely to partially or completely collapse.
(15) Is, or has any portion thereof that is, manifestly unsafe for the purpose for which it is being used;
(16) Has exterior walls or other vertical structural members that 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;
(17) Shows, exclusive of its foundation, 33% or more damage or deterioration of any supporting member, or 50% or more damage or deterioration of any non-supporting member, enclosure or outside wall or covering;
(18) Has been so damaged by fire, wind, earthquake or flood, or has become so dilapidated or deteriorated so as to become:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts;
(19) Has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by any law of the State of Indiana, or any city ordinance or building regulation relating to the condition, location or structure of buildings;
(20) Has, whether or not it was erected in accordance with all applicable laws and ordinances, in any non-supporting 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; and/or
(c) Weather-resisting qualities or characteristics;
that would be required by law in the case of a newly constructed building thereat of like area, height and occupancy;
(21) Is used or intended to be used for dwelling purposes and, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Adams County Health Department to be unsanitary, unfit for human habitation, or in such a condition that it is likely to cause, sickness or disease;
(22) Is, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits or lack of sufficient fire-resistive construction, determined by the city Fire Department to be a fire hazard;
(23) Is the remnant of a building or structure that remains on site after the attempted demolition or destruction of such building or structure; or
(24) Is abandoned for a period in excess of six months, so as to constitute an attractive nuisance or hazard to the public.
(I) Work performed in workmanlike manner. All work for the reconstruction, repair, or demolition of buildings and other structures performed pursuant hereto shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade. The provisions of all building laws referenced in I.C. 22-12-1-3, as adopted as rules of the Fire Prevention and Building Safety Commission described in I.C. 22-12-1-6, shall be considered standard and acceptable practices for all matters covered hereby and/or all orders issued by the Director pursuant hereto.
(J) Unsafe Building Fund. An Unsafe Building Fund is hereby established in the operating budget of the city in accordance with the provisions of I.C. 36-7-9-14.
(K) Construction and the like forbidden. No person, firm, corporation or other entity, 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 section and/or any order issued by the Director hereunder.
(L) Violation.
(1) Any person violating any provision of this section may be subject to a fine in any sum not exceeding $2,500. The assessment of a monetary penalty shall in no way limit the operation of the penalties provided elsewhere in this section.
(2) Any violation of the provisions of this section shall constitute a Class C Infraction for each day such violation continues, except where another penalty is expressly set forth in I.C. 36-7-9 et seq.
(M) Performance bond. The Board of Public Works and Safety shall, after proper notice and hearing, adopt a schedule setting forth the maximum amount of performance bonds applicable to various types of actions ordered by the Director hereunder, and the amount of the average processing expense incurred in taking the actions necessary hereunder concerning a typical unsafe premises.
(Ord. 700, passed 1-22-18; Am. Ord. 706, passed 6-25-18; Am. Ord. 720, passed 10-28-19; Am. Ord. 738, passed 4-26-21)