(A) I.C. 36-7-9-1 through I.C. 36-7-9-28 is hereby adopted by reference as the “Town of Bourbon Unsafe Building Ordinance.” All proceedings within the town for the inspection, repair, and removal of unsafe buildings shall be governed by said 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 I.C. 36-7-9-28, the provisions of the state statute shall control.
(B) All buildings and properties, or portions thereof, within the town which are determined after inspection by the Town Code Enforcement Officer or the County Building Commissioner to be unsafe, as defined by statute or in this section, are hereby declared to be a public nuisance and shall be abated by repair, rehabilitation, demolition, or removal.
(C) The Town Code Enforcement Officer shall be authorized to administer and to proceed under the provisions of said law and this section in ordering the repair or removal of any buildings or materials found to be unsafe as specified therein or as specified thereafter.
(D) In lieu of a hearing authority, the town shall pursue enforcement action and/or sanctions in the County Circuit or superior courts.
(E) Wherever in the building regulations or statutes of the state, or the “Town of Bourbon Unsafe Building Ordinance,” that it is provided that anything must be done to the approval of, or subject to, the direction of the Town Code Enforcement Officer, or any other officer of the town, this shall be construed to give such officer only the discretion to determine whether the property in question complies with the rules and standards established by this chapter. No such provision shall be construed as giving any officer discretionary authority to determine what such regulations and/or standards shall be, the authority to require conditions not prescribed within said ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner. The Town Council has the authority to establish policy and standard operating procedures.
(F) The description of an unsafe building and unsafe premises described in I.C. 36-7-9-4 is hereby supplemented to provide the minimum standards for building condition, property conditions, or maintenance in the town by adding the following definition:
UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an UNSAFE BUILDING, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are in danger:
(a) 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 an adequate means of exit in case of fire or panic;
(b) Whenever the street in any materials, 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 new buildings of a similar structure, purpose, or location;
(c) 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 was materially less than it was before such a catastrophe, and is less than the minimum requirements for new buildings for a similar structure, purpose, or location;
(d) Whenever any portion, member, or appurtenance thereof is likely to fall, to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(e) 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 or a similar structure, purpose, or location without exceeding the working stresses permitted for such buildings;
(f) Whenever any portion thereof has racked, 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;
(g) Whenever the building or structure, or any portion thereof, because of the following, is likely to partially or completely collapse:
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 such building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause.
(h) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(i) 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 one-third of the base;
(j) 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 non-supporting members, enclosing, or outside walls or coverings.
(k) Whenever the building or structure has been so damaged by fire, wind, earthquake, flood, or other natural disaster, or has become so dilapidated or deteriorated so as to become:
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unlawful acts.
(l) 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 the town, or of any law or ordinance of the state, the county, or the town relating to the condition, location, or structure of buildings;
(m) Whenever any building or structure which, whether or not erected in accordance with applicable laws and ordinances, has in any non-supporting parts, member, or portion less than 50%, or in any support part, member, or portion less than 66% of the (as required by law in the case of a newly constructed building of like area, height, and occupancy in the same location):
1. Strength;
2. Fire-resisting qualities or characteristics; or
3. Weather-resisting qualities or characteristics.
(n) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate light, air, or sanitation facilities, or otherwise, is determined by the County Building Commissioner to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease;
(o) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the County Building Commissioner to be a fire hazard; and/or
(p) 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.
(G) The definition of SUBSTANTIAL PROPERTY INTEREST set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
(H) All work for the reconstruction, alteration, repair, or demolition of the buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices of the trade. The provisions of the rules pertaining to construction, plumbing, electrical, mechanical, and one- and two-family dwellings, promulgated by the Fire Prevention and Building Safety Commission of the state shall be considered standard and acceptable practice for all matters covered by this section, or orders issued pursuant to this section by the County Building Commissioner.
(I) An Unsafe Building and Unsafe Premises Fund is hereby designated and established in the operating budget of the town in accordance with the provisions of I.C. 36-7-9-14.
(J) No person, firm, or corporation, whether as owner, lessee, sub-lessee, 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, or any order issued by the Town Code Enforcement Officer or the County Building Commissioner.
(Ord. 2019-2, passed 5-14-2019) Penalty, see § 150.99