(a) General
(1) Title. These regulations shall be known as the Property Maintenance Code of the City of Carmel, hereinafter referred to as "this code".
(2) Scope. The provisions of this code shall uniformly apply to all existing residential and nonresidential structures and all existing premises and existing or proposed improvements on existing premises and constitute minimum requirements and standards for premises, structures, sanitation, protection from the elements, safety from other hazards, and for safe and sanitary installation and maintenance of improvements; the responsibility of owners, operators and occupants for their properties; and for administration, enforcement and penalties irrespective of when or under what code or codes such buildings were originally constructed or rehabilitated.
(3) Purpose. This code shall be construed to secure its expressed intent, which is to protect, preserve, and promote the physical and mental health and social well-being of the people, to prevent and control the incidence of communicable diseases, to reduce environmental hazards to health, to regulate privately and publicly owned buildings, structures or improvements for the purpose of maintaining adequate sanitation and public health, and to protect the safety of the people and to promote the general welfare. It is further declared that the purpose of this code is to eliminate blight, to promote maintenance of property, and to thereby ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures, improvements and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
(4) Severability. If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(b) Applicability.
(1) General. The provisions of this code shall apply to all matters affecting or relating to structures and premises except as to those matters governed by the provisions of the Indiana Building Code, Indiana Residential Code, Indiana Fire Code, National Electric Code, Indiana Mechanical Code, Indiana Energy Code, Indiana Accessibility Code, Indiana Plumbing Code, Indiana Swimming Pool Code, as the same shall be amended from time to time. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(2) No private cause of action. Nothing in this code shall be deemed to create a private cause of action in favor of one party against another.
(3) Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be made or accomplished in accordance with the procedures and provisions of the Indiana Building Code, Indiana Residential Code, Indiana Fire Code, National Electric Code, Indiana Mechanical Code, Indiana Energy Code, Indiana Accessibility Code, Uniform Plumbing Code, Indiana Swimming Pool Code, as the same shall be amended from time to time. Nothing in this code shall be construed to cancel, modify or set aside any provisions of the International Building Code, International Residential Code, International Fire Code, National Electric Code, International Mechanical Code, Indiana Energy Code, Indiana Accessibility Code, Uniform Plumbing Code, and Indiana Swimming Pool Code.
(4) Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure, which is dangerous, or unsafe, as authorized by Carmel City Code § 6-159, as amended.
(5) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer's installation instructions.
(6) Requirements not covered by code. The authority having jurisdiction thereof shall determine requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare, not specifically covered by this code.
(7) Any proposed improvements or maintenance thereto, shall be designed, permitted, installed and maintained in accordance with the provisions of this code and the current City of Carmel standards that govern the work associated with the installation or maintenance of such improvements that may be amended from time to time. Where, in a specific case, different sections of this and other applicable codes, or those codes of other federal, state or local government agency that have jurisdiction over the installation or maintenance of such improvements, specify different requirements, the most restrictive shall govern.
(c) Department of Community Services.
(1) General. Property maintenance inspections as required by this code shall be the responsibility of the City and other such persons as shall be designated by the City, hereinafter referred to as "Code Enforcement Official".
(2) Restriction of employees. No official or employee connected with the enforcement of this code shall be engaged in, or directly or indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or improvement within the City, or the preparation of construction documents thereof, unless that person is the owner of the building.
(3) Liability.
a. The Code Enforcement Official, officer or employee charged with the enforcement of this code, while acting under jurisdiction, shall not thereby be rendered liable personally, and is hereby relieved from all personal liability for any damage accruing to persons or property as a result of an act required or permitted in the discharge of official duties.
b. Any suit instituted against any official or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of this code shall be defended by the legal representative of the jurisdiction until the final termination of the proceedings. The Code Official or any subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the provisions of this code; and any official of the City, acting in good faith and without malice, shall be free from liability for acts performed under any of its provisions or by reason of any act or omission in the performance of official duties in connection therewith.
(d) Duties and powers of Code Enforcement Official.
(1) General. The Code Enforcement Official shall enforce the provisions of this code.
(2) Inspections. The Code Enforcement Official shall make all of the necessary inspections, or shall accept reports of inspection by approved agencies or individuals. All reports of such inspections shall be in writing and be certified by a responsible officer of such approved agency or by the responsible individual. The Code Enforcement Official is authorized to engage such expert opinion as deemed necessary to report upon unusual technical issues that arise, subject to the approval of the City.
(3) Right of entry. The Code Enforcement Official, pursuant to this code and Carmel City Code §§ 6-180 through 6-209, as amended, may make inspections of all buildings, structures and premises located within the City's corporate limits to determine their compliance with the provisions of this code. Such inspections shall be made between the hours of 8:00 a.m. and 8:00 p.m. on any day except Sunday. All inspections shall be subject to the following standards and conditions:
a. An inspection may take place only if a complaint has been received by the City and such complaint, in the opinion of the Code Enforcement Official, provides reasonable grounds for the belief that a violation exists, or if such inspection is undertaken as part of a regular inspection program whereby certain areas of the City are being inspected in their entirety by the direction of the City.
b. The Code Enforcement Official shall furnish to the owner, tenant, or occupant of the building, structure, or premises sought to be inspected, sufficient identification and information to enable the owner, tenant, or occupant to determine the purpose of the inspection, and that the person is a representative of the City.
c. The Code Enforcement Official may apply to any court of competent jurisdiction for a search warrant or other legal process for the purpose of securing entry to any premises if the owner, tenant, or occupant shall refuse to grant entry.
(4) Notices and orders. The Code Enforcement Official shall issue any required notices or orders pursuant to subsection (g) of this section to ensure compliance with this code.
(5) Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the responsibility of more than one official of the City is involved, it shall be the duty of the Code Enforcement Official to coordinate their inspections and administrative orders as fully as practicable so that the owners and occupants of the structure shall not be subjected to visits by numerous inspectors or multiple or conflicting orders. Whenever an inspector from any City agency or department observes an apparent or actual violation of some provision of some law, ordinance or code not within the inspectors authority to enforce, the inspector shall report the findings to the City department or official having jurisdiction.
(e) Approval of modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the Code Enforcement Official shall have the authority to grant modifications for individual cases, provided the Code Enforcement Official shall first find that the practical difficulty makes the strict letter of this code impractical and the modification is in compliance with the intent and purpose of this code and that such modification does not lessen health, life and fire safety requirements. The details of action granting modification shall be recorded and entered in the department files.
(f) Violations.
(1) Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of the provisions of this code.
(2) Notice of violation. The Code Enforcement Official shall serve a notice of violation (correction order) in accordance with subsection (g) of this section.
(3) Prosecution of violation. Any person failing to comply with a notice of violation or correction order served in accordance with subsection (g) of this section shall be deemed guilty of a violation of this code and the violation shall be deemed a strict liability offense. If the correction order is not complied with, the Code Enforcement Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto.
(4) Violation penalties. In addition to any injunctive relief which may be sought, any person who shall violate a provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be fined on the first offense of a violation of this code, a fine of $50. Each day that a violation continues after due notice has been served shall be deemed a separate offense subject to a daily fine of $50 per day.
(5) Repeat offenses. Any person who is found to have committed a separate offense of this code after having been found to commit an earlier offense no sooner than 30 days but within a two-year period shall be assessed a fine of $100 per offense. The purpose of this provision is to double the fines assessed against those persons.
(6) Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City from instituting appropriate action to restrain, correct or abate a violation or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of a building, structure or premises.
(7) The City may direct the owner or responsible party to restore all improvements to the original design condition, alter the improvement to remedy the violation or remove the improvement if determined to be in violation or represent the potential to be in violation of this code. For private drainage systems, the City may request alterations to the improvement that may result in an increase or reduction in capacity (collection, storage and conveyance capacity). Violations shall be remedied to the satisfaction of the City.
(8) In the event that the owner or responsible party fails to remedy the violation within the time frame stipulated in the notice, the City reserves the right to remedy the violation and collect such costs together with reasonable attorney fees, consultant fees and the collection fees by suing the owner or responsible party in a court of competent jurisdiction or in the alternate, by certifying said costs of correction as any other special assessment upon the premises from which said remedy of said violation was made.
(g) Notice and orders.
(1) Warning citation. It is the policy of the City of Carmel to use fair and reasonable judgment in the administration of its enforcement actions. To this end, a warning citation may be issued for a violation of this code. The warning citation shall be worded so as to sufficiently identify the premises and the nature of the violation. If the premises owner or person being cited fails to correct the violation in the time allotted by a Code Enforcement Official, then a notice of correction order shall be issued. In his discretion, a Code Enforcement Official shall have the right to forego issuing a warning citation and may proceed to issue a notice of correction order. The issuance of a warning citation shall not be a prerequisite to the issuance of a notice of correction order. There shall be no right of appeal from the issuance of a warning citation.
(2) Notice to owner or to person or persons responsible. Whenever the Code Enforcement Official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, a notice of correction order (correction order) shall be given to the owner or the person or persons responsible therefore in the manner prescribed in subsections (g)(2) and (g)(3) of this section. The City will take enforcement action only with the owner or responsible party at the time the violation is identified. Pre-existing conditions shall be borne by the owner or responsible party at the time the violation is identified.
(3) Notice of correction order. Such notice prescribed in subsection (g)(1) of this section shall:
a. Be in writing;
b. Include a description of the real estate sufficient for identification;
c. Include a statement of the violation or violations and section violated and why the notice is being issued;
d. Include a correction order allowing a sufficient reasonable amount of time, of at least one day, but not more than 60 days, from the time when the correction order is served, to make the repairs and improvements required to bring the dwelling unit, structure or improvement into compliance with the provisions of this code; and
e. Include a notice containing the right to appeal the Code Enforcement Official's determination to the Board of Public Works in accordance with subsection (j) this section.
(4) Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
a. Delivered personally; or
b. Sent by certified or first-class mail addressed to the last known address; or
c. If the notice of correction order is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice and posting shall be documented.
(h) Means of appeal.
(1) Appeal to Board of Public Works. Any person aggrieved by a determination of the Code Enforcement Official to the effect that a notice of violation or order served in accordance with subsection (g) of this section is in error, or should, due to hardship, be modified or entitled to a variance from enforcement, or that a reasonable extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within a reasonable time period, may appeal to the Board of Public Works for rescission of the notice or order, or for a modification, variance, or extension of time for compliance.
(2) Procedure and hearing. A request for rescission, modification, variance, or extension of time shall be made in writing, to the Controller’s Office, to be placed on the Board of Public Works agenda, within ten days of the appellant's receipt of a copy of the notice or order. The Board of Public Works shall schedule a hearing within 30 days of receipt of the request.
(3) Open hearing. All hearings before the Board of Public Works shall be open to the public. The appellant, the appellant's representative, the Code Enforcement Official and any persons whose interests are affected shall be given an opportunity to be heard.
(4) Findings. Prior to ruling on an appeal, the Board of Public Works shall make the following findings:
a. The violator was served with a notice of correction order as provided by subsection (g)(4) of this section.
b. The notice of correction order that was served stated the specific nature of the violation; corrective action needed to be taken to abate the violation; and a specific time period for abatement of violation.
c. Within the time period stipulated by the notice of correction order, the violator failed to comply with the correction order by not abating the violation, and/or not bringing into compliance with City of Carmel Property Maintenance Code.
d. Upon expiration of the date indicated for compliance in the correction order, the premises or structure was being maintained in violation of specific provisions of the City of Carmel Property Maintenance Code and/or conditions imposed by Board of Public Works as a prerequisite to the modification of a previous compliance order.
e. Determination that a violation exists on the property.
(5) Board decision. At the conclusion of the hearing at which a continuance is not granted, the Board of Public Works may reverse, affirm, or modify the order, notice, requirement, decision or determination appealed from, and may make such order, requirement, decision or determination as justice would require. The Board's determination and findings of fact shall be recorded and if a notice or order is affirmed or modified, the Board of Public Works shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs and improvements required to bring the dwelling unit, structure or improvement into compliance with the provisions of this code.
(6) Court review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court for a writ of certiorari to correct errors of law.
(7) Stays of enforcement. Appeals of notice and orders (other than imminent danger notices) shall stay the enforcement of the notice and order until the Board of Public Works rules on the appeal.
(i) Unsafe structures.
(1) General. Unsafe structures shall be regulated and enforced as provided by Carmel City Code § 6-159, Unsafe Building Regulations.
(2) Imminent danger. When, in the opinion of the Code Enforcement Official, there is imminent danger of failure or collapse of a building or structure which endangers life or other property, or when any structure or part of a structure has fallen and life is endangered by the occupation of the structure, or when there is actual or potential danger to the building occupants or those in the proximity of any structure because of explosives, explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or dangerous equipment, the Code Enforcement Official is hereby authorized and empowered to order and require the occupants to vacate the premises. The Code Enforcement Official shall cause to be posted at each entrance to such structure a notice reading as follows: "This Structure Is Unsafe and Its Occupancy Has Been Prohibited by the City of Carmel." It shall be unlawful for any person to enter such structure except for the purpose of securing the structure, making the required repairs, removing the hazardous condition or of demolishing the same.
(j) Demolition.
(1) General. This section shall only apply when demolition is ordered pursuant to the enforcement of subsection (i) of this section.
(2) Salvage of materials. When any structure has been ordered demolished and removed, the governing body or other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(k) Transfer of ownership. No owner of any dwelling unit or structure or improvement who has received a correction order or upon whom a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another until the provisions of the correction order have been complied with, or until such owner first furnishes the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the Code Enforcement Official and furnishes to the Code Enforcement Official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such correction order or notice of violation and fully accepting the responsibility without condition for making corrections or repairs required by such correction order or notice of violation.
(l) Nonconforming conditions. If additional nonconforming conditions are encountered during the course of any approved alteration or repair which were not considered or known initially, the Code Enforcement Official shall have the authority to require compliance with this Code of such additional conditions. The determination of what is necessary to bring such conditions into compliance shall take into consideration the use of alternatives and equivalent approaches as provided for in this Code. The Code Enforcement Official shall have the authority to approve construction changes in the field when conditions are encountered which make the originally approved work impractical, provided such changes in approved work can be readily determined to be in compliance with this Code and are requested by the owner or the owner's agent prior to such construction changes. Such changes shall be specifically documented by the owner or the owner's agent describing the change in work and the reasons for justification for the change, and shall be filed with the permit for the project.
(Ord. D-1803-06, 5-15-06; Ord. D-2505-19, 12-16-19)