Loading...
§ 150.37 CERTIFICATE OF OCCUPANCY.
   No certificate of occupancy for any building or structure erected, altered or repaired after December 22, 1981, shall be issued unless the building or structure was erected, altered or repaired in compliance with the provisions of this subchapter. The permit holder shall be responsible for requesting a final inspection and receiving a certificate of occupancy from the Building Commissioner prior to allowing a building or structure to be occupied. It shall be unlawful to occupy any building or structure unless a full, partial, or temporary certificate of occupancy has been issued by the Building Commissioner.
(`92 Code, § 7-27) (Ord. 89-8, passed 4-27-89)
§ 150.38 PERMIT FEES.
   Residential, commercial and industrial permit fees are as set forth in § 40.03 of this code.
(`92 Code, § 7-28)
§ 150.39 STOP WORK ORDERS.
   (A)   Whenever the Building Commissioner or his authorized representative discovers the existence of any of the circumstances listed in this section, he is empowered to issue an order requiring the suspension of the pertinent construction activity. The stop work order shall be in writing and shall state to which construction activity it is applicable and the reason for its issuance. The stop work order shall be posted on the property in a conspicuous place and, if conveniently possible, shall be given to the person doing the construction, and to the owner of the property or his agent. The stop work order shall state the conditions under which construction may be resumed.
   (B)   The circumstances under which stop work orders may be issued are as follows:
      (1)   Construction activity is proceeding in an unsafe manner, including, by way of example and not of limitation, construction in violation of any standard set forth in this chapter or any state standard pertaining to safety during construction.
      (2)   Construction activity occurring in violation of building standards and procedures or in such a manner that if construction is allowed to proceed, there is a reasonable probability that it will be substantially difficult to correct the violation.
      (3)   Construction activity has been accomplished in violation of building standards and procedures and a period of time which is one-half (½) the time period in which construction would be completed, but no longer than fifteen (15) calendar days have elapsed since written notice of the violation or noncompliance was either posted on the property in a conspicuous place or given to the person doing the construction, without the violation or noncompliance being corrected.
      (4)   Construction activity for which a building permit is required is proceeding without a building permit being in force. In this instance, the stop work order shall indicate that the effect of this order terminates if the required building permit is obtained.
      (5)   Construction activity for which a building permit is issued more than thirty (30) days earlier is proceeding without there being in force applicable permits and approvals required by governmental units (including, but not limited to the State Board of Health, State Department of Environmental Management, State Department of Natural Resources and State Department of Highways) for compliance with standards for air quality, drainage, flood control, fire safety, vehicular access, and waste treatment and disposal on the real estate on which the structure is located. In this instance, the stop work order shall indicate that the order is applicable to all construction activity allowed by the building permit and that the effect of the order terminates if the required permits and approvals are obtained.
      (6)   Construction activity is occurring for which a certificate of appropriateness from the State Historical Preservation Commission pursuant to I.C. 36-7-11.1-1 et seq. without a certificate of appropriateness being in force. In this instance, the stop work order shall indicate that the effect of the order terminates if the required certificate of appropriateness is obtained.
(`92 Code, § 7-29) (Ord. 87-5, passed 2-2-87)
§ 150.40 APPEALS.
   All persons shall have the right to appeal the Building Commissioner's decision first through the Advisory Plan Commission, and then to the Fire Prevention and State Building Safety Commission in accordance with the provisions of I.C. 22-13-2-7 and I.C. 4-21.5-5.
(`92 Code, § 7-30) (Ord. 89-8, passed 4-27-89)
§ 150.41 VIOLATIONS; INJUNCTIONS.
   Action on the violation of any provision of this subchapter and the right of injunction against the violation shall be as provided by Chapter 174, Acts of the 1947 Indiana General Assembly and all Acts amendatory thereto.
(`92 Code, § 7-32) (Ord. 9, 1954, passed - - 54)
WRECKING AND DEMOLITION OF BUILDINGS.
§ 150.55 PERMIT REQUIRED; APPLICATION.
   (A)   Permit required. It shall be unlawful to wreck or demolish any building or structure in the Town without first securing a permit therefor.
(`92 Code, § 7-40)
   (B)   Application. An application for a permit to wreck or demolish any building or structure shall be made in writing to the Building Commissioner, with a copy to the Town Manager, to any utility company serving the premises, and to the owners or agents of adjoining premises. The application shall give the location of the building or structure, the specific location of all utility connections, the date when wrecking or demolition is to commence and the approximate time which the wrecking or demolition shall occur.
(`92 Code, § 7-41)
(Ord. 88-28, passed 8-25-88) Penalty, see § 150.99
§ 150.56 DEPOSITS.
   (A)   Before a permit is issued, the applicant shall submit a performance bond to the Building Commissioner to insure that the property is in a proper and safe condition after the wrecking or demolition. The performance bond so required shall be in the following sum:
      (1)   For buildings not exceeding a total of three thousand (3,000) square feet: one thousand dollars ($1,000).
      (2)   For buildings not exceeding a total of ten thousand (10,000) square feet: fifteen hundred dollars ($1,500).
      (3)   For buildings not exceeding a total of twenty thousand (20,000) square feet: two thousand dollars ($2,000).
      (4)   For buildings not exceeding a total of fifty thousand (50,000) square feet: three thousand dollars ($3,000).
      (5)   For buildings not exceeding a total of one hundred thousand (100,000) square feet: four thousand dollars ($4,000).
      (6)   For buildings exceeding a total of one hundred thousand (100,000) square feet: four thousand dollars ($4,000), plus an additional one thousand dollars ($1,000) for each additional ten thousand (10,000) square feet.
   (B)   By SAFE AND PROPER CONDITION is meant that all debris is cleared away, that any excavation remaining is either filled in and tamped down, or surrounded by a fence at least six (6) feet in height, if the property is not to be put to immediate use. If the property is to be used for any purpose within two (2) months of wrecking or demolition, then adequate barricades, lighted at night, shall be installed around the perimeter of the excavation.
   (C)   If the Building Commissioner finds that the property has been put into the proper condition as provided for in this section, he shall release the performance bond. If the site is not cleared or put into a safe condition or work commenced to do so within ten (10) days of the conclusion of the wrecking or demolition, the Town shall then proceed with the work and a claim made against the bond.
(`92 Code, § 7-42) (Ord. 93-44, passed 11-11-93)
Loading...