(a) General.
(1) Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property and the installation of improvements on the premises.
(2) Responsibility. The owner of the premises shall maintain the structures and exterior premises in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner/occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter. Occupants of a dwelling unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit or premises, which they occupy and control.
(3) Permit responsibility. The owner of the premises shall be responsible for obtaining the necessary improvement permits as required by the State of Indiana, Hamilton County, or the City of Carmel including but not limited to electrical, plumbing, heating and cooling, structural or life safety requirements and drainage or other improvements on the premises.
(4) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, healthful and sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public health or safety or violate the provisions of this code.
(5) Detriments and illegal connections. As defined by this code are considered violations of this code and shall be remedied under the provisions of this code by the owner or responsible party.
(6) Existing improvements determined to be in violation of this code or determined to be non-conforming to the current City standards shall be remedied under the provisions of this code by the owner or responsible party.
(7) Portions of existing driveways or sidewalks within the right-of-way determined to be non-conforming to the current City standards shall be remedied under the provisions of this code by the owner or responsible party.
(8) The City reserves the right to reconstruct drives and sidewalks in the right-of-way as a part of City road or other improvement projects and to make the sole determination as to an asphalt or concrete drive apron within the right-of-way and for determining the type of access provided to the reconstructed driveway that is in the best interest of public safety.
(9) Except as provided by this code to remedy violations of this code, the City will not act or otherwise participate in improving drainage on premises that are poorly drained, do not have a defined drainage outlet or have existing or prevailing conditions that cause, create, or result in or represent the potential to cause, create, or result in a violation of this code.
(10) Existing private drainage systems not meeting the requirements for a legal discharge or that are determined to cause, create or result in or represent the potential to cause, create or result in a detriment shall be discharged as a legal discharge by the owner or responsible party in accordance with § 6-227 of this code.
(11) Existing private drainage systems not meeting the requirements for a legal connection shall be connected to a legal connection or as a legal connection by the owner or responsible party in accordance with § 6-227 of this code.
(12) It shall be prohibited for any person to alter or modify any portions of public drainage systems.
(13) It shall be prohibited for any person to alter or modify any portions of the private drainage system that serve or provide benefit to adjacent or other premises.
(14) It shall be prohibited for any person to alter or modify any portions of existing Stormwater Quality Best Management Practices or temporary or permanent erosion control measures or sediment control measures.
(b) Exterior premises areas.
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The owner or occupant shall keep that part of the exterior property, which such occupant occupies or controls in a clean and sanitary condition.
(2) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas on both private property and within public right-of-way across the frontage of the premises shall be kept in a proper state of repair, and maintained free from hazardous conditions. This section is not intended to create a cause of action in favor of any third party.
a. The owner or responsible party shall provide maintenance of existing driveways and sidewalks in the right-of-way free from conditions that cause, create or result in or represent the potential to cause, create or result in a detriment.
b. If maintenance activity necessitates the reconstruction of existing sidewalks within the limits of the right-of-way, the sidewalk shall be permitted, bonded and reconstructed in accordance with § 6-227 of this code.
c. If maintenance activity necessitates the reconstruction of existing driveways within the limits of the right-of-way, the portion of the driveway within the right-of-way shall be permitted, bonded and reconstructed in accordance with § 6-227 of this code; and shall be approved by the Board of Public Works and Safety, if required.
d. It shall be the duty of every owner of any premises abutting a sidewalk in all parts of the city to remove, or cause to be removed, all accumulated snow and ice from the sidewalk within the right-of-way across the premises and portions of the driveway serving the premises within the right-of-way within 72 hours after snow or ice has ceased to fall or in any way accumulate. Where the ownership of the premises abutting a sidewalk is being transferred by means of a sales contract that has been recorded in the Office of the County Recorder, the duty to remove snow and ice shall be on the purchaser of the premises, who shall be considered the owner for the purposes of this section.
(3) Weeds. All premises shall be maintained free of weeds, grass, and rank vegetation in accordance with Carmel City Code § 6-88, Removal of Weeds, Debris, and Other Such Rank Vegetation. This section shall not include cultivated flowers and gardens, unless these improvements are within right-of-way, platted or dedicated easements or at a location on the premises that they cause, create, or result in or represent the potential to cause, create or result in a detriment. This section shall not include vegetated Stormwater Quality Best Management Practices.
(4) Hazardous trees. Carmel City Code § 6-64 shall regulate trees or parts of trees located within the public right-of-way. The following regulations shall apply to all properties within the corporate limits of the City of Carmel.
a. Dead, dying, damaged or diseased trees shall be prohibited to exist or be maintained on any premises, which are hazardous to persons on adjacent property or to adjacent property. A finding by a registered forester or certified arborist shall constitute prima-facie evidence that a tree is in danger of falling upon adjacent lots or public streets due to the death or impeding death of the tree, or due to damage by weather conditions or due to disease infestation.
b. Tree stumps greater than 12 inches in height above ground level shall not be permitted or maintained on any premises for more than 30 days after the tree has been cut.
1. Exceptions:
i. Property covered by a valid improvement location permit;
ii. Property is one acre or greater in size.
c. Fallen trees, slash, removed tree limbs, or other portions of any tree shall not be permitted or maintained on the ground on any premises for more than 30 days.
1. Exceptions:
i. Property covered by a valid improvement location permit;
ii. Cut wood which is neatly stacked in lengths not to exceed three feet in height.
(5) Rodent and pest harborage. All exterior property shall be kept free from rodent and pest harborage and infestation. Where rodents or pests are found, approved processes shall promptly exterminate them, which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent or pest harborage and prevent re-infestation.
(6) Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and repaired as to not be dangerous, unsafe, unsanitary or otherwise unfit for human use; or shall not be an invitation to children and endanger the lives of such children, or which because of its condition has become a fire hazard and shall not be installed or located such that they cause, create or result in or represent the potential to cause, create or result in a detriment.
(7) Temporary storage units. Temporary storage units shall not be permitted to be stored on properties in excess of ten consecutive days and are subject to the accessory structure setback regulations applicable to the property's zoning district as outlined by the Carmel Zoning Ordinance Chapter 25.01. Temporary storage units shall not be permitted in public right-of-ways and shall not be located on lawns.
(8) Motor vehicles. All motor vehicles shall be stored and maintained in compliance with Carmel City Code Chapter 6, Article 5, Divisions IV: Junk Cars and V: Abandoned Vehicles.
(9) Repair of defaced property. It will be the responsibility of the owner to restore defaced property to eliminate signs of graffiti, markings or carvings within ten days as regulated by Carmel City Code § 6-82, Graffiti.
(10) Maintenance of Stormwater Quality Best Management Practices.
a. The responsible party for maintenance, and/or reconstruction of existing or installation of new Stormwater Quality Best Management Practices shall be pursuant to Carmel City Code § 6-204, Maintenance, shall be in accordance with the approved Stormwater Pollution Prevention Plan and applicable City or other federal, state or local government agency standards governing the installation and maintenance of Stormwater Quality Best Management Practices.
b. If maintenance activity necessitates the reconstruction of existing Stormwater Quality Best Management Practices, or portions thereof, the work shall be approved, permitted, bonded and reconstructed in accordance with § 6-227 of this code.
c. The City reserves the right to maintain and/or repair existing Stormwater Quality Best Management Practices at the owner's or responsible party's expense if lack of maintenance by the owner or responsible party or state of disrepair is determined to cause, create or result in or represent the potential to cause, create or result in a detriment, or violate this code or other City Code.
(11) Maintenance of private drainage systems.
a. The owner or responsible party shall maintain all portions of the private drainage system on the premises and within the limits of the right-of-way adjacent to the premises and within the limits of platted or recorded easements on the premises free from conditions that cause, create or result in or represent the potential to cause, create or result in a detriment.
b. The owner or responsible party shall maintain all above ground portions of the public drainage system within the limits of the right-of-way adjacent to the premises or within the limits of platted or recorded easements on the premises free from conditions that cause, create or result in or represent the potential to cause, create or result in a detriment.
c. If maintenance activity necessitates the reconstruction of the private drainage system, or portions thereof, the work shall be approved, permitted, bonded and reconstructed in accordance with § 6-227 of this code.
d. Surface drainage swales, including surface drainage swales within City right-of-way and within platted or dedicated easements, shall be mowed as part of regular maintenance of the premises and kept free from conditions that cause, create or result in or represent the potential to cause, create or result in a detriment. In meadow situations, the swales should be mowed less frequently in order to allow grasses to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their natural condition leaving understory growth to retard runoff and prevent erosion. The owner or responsible party shall maintain drainage swales and other watercourses acting as Stormwater Quality Best Management Practices in accordance with § 6-222(b)(10) of this code.
e. It shall be prohibited to discharge, empty, or place any material, fill or waste into any swale or watercourse or within the limits of the easements in which the swales or watercourses are located.
f. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water thereon, within any structure located thereon, or on other premises. Stagnant water shall be determined as any accumulation that has not dispersed within seven days of the last recorded local rainfall. With the exception of stormwater detention or stormwater quality facilities approved and or permitted by the City.
g. The City reserves the right to maintain and/or repair existing private drainage systems and/or portions of the public drainage system pursuant to §6-222(b)(11)b. of this code at the owner's or responsible party's expense if lack of maintenance by the owner or responsible party or state of disrepair is determined to cause, create or result in or represent the potential to cause, create or result in a detriment, or violate this code or other City Code.
h. The City reserves the right to request that the owner or responsible party clear and maintain existing watercourses in accordance with DNR guidelines. Federal, state, and local governing agencies regulate watercourse maintenance and improvement projects since effective watercourse drainage is essential to drainage within the watershed/drainage basin of the watercourse.
(12) Maintenance of common areas. Areas of the premises designated as common area shall be maintained by the homeowners association or the owner dependent on the restrictive covenants.
(13) Storage. It shall be prohibited to store materials or objects exterior of a structure, which are customarily utilized or intended to be utilized by the manufacturer in the interior of a structure. These materials and objects shall include but are not limited to appliances, couches, and mattresses. Materials or objects temporarily placed for disposal or removal from property within two days shall be exempt from this section or those materials or objects being utilized in conjunction with a construction or other improvement project on the subject property.
(14) Signs, marquees, and awnings. All canopies, marquees, signs, metal awnings, stairways, fire escapes, standpipes, exhaust ducts and similar overhang extensions shall be in good repair and be properly anchored so as to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust by the periodic application of a weather-coating material such as paint or other protective treatment.
(15) Abandoned signs. Signs that advertise for a business or activity that no longer operates on the property on which the sign is located shall be deemed an abandoned sign and shall be removed within six months from when the business or activity ceased operating on the property.
(16) Easements and rights-of-way.
a. This section shall apply to all premises encumbered by platted or recorded easements and rights-of-way.
c. The City and the easement holder reserves the right to access easements that exist for the benefit of the easement holder at any time for maintenance or other legal purposes.
d. Unless otherwise stipulated by other codes or ordinances, a permit from the Board of Public Works and Safety pursuant to Carmel City Code § 8-67, or an executed consent-to-encroach approved by the City and properly recorded in the Hamilton County Recorder's Office:
1. The City and the easement holder reserves the right to remove any improvement in the easement or right-of-way at the expense of the owner or the responsible party.
2. No damages will be awarded to the owner or the responsible party if damage occurs to an Improvement within an easement or right-of-way resulting from City or easement holder activity.
(c) Exterior structure.
(1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(2) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion. Oxidation stains shall be removed. All exterior surfaces shall be of uniform colors and materials to ensure compatibility with adjoining properties.
(3) Premises identification. Buildings shall have approved address numbers placed in a position to be plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
(4) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and capable of supporting the imposed loads. Foundation walls shall be kept in such condition so as to prevent the entry of rodents and other pests.
(5) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface-coated where required to prevent deterioration.
(6) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and down spouts shall be maintained in good repair and free from obstructions. Roof drain discharges shall be discharged as a legal connection or a legal discharge. Inappropriate or temporary roofing coverings including but not limited to tarps shall be deemed inadequate protection and not uniform and as such shall be prohibited for a period exceeding seven consecutive days.
(7) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
(8) Overhang extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal awnings, fire escapes, stand pipes, and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(9) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(10) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather coating materials, such as paint or similar surface treatment.
(11) Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting 200 pounds of pressure and shall be maintained in good condition.
(12) Window, skylight and doorframes. Every window, skylight door and frame shall be kept in sound condition and in good repair.
(13) Glass. All glass and plexi-glass materials shall be fully glazed and maintained free from cracks and holes if it is determined by the Code Enforcement Official that such cracks and holes pose a safety risk.
(14) Openable windows. Every window, other than a fixed window, shall be easily openable and capable of being locked and held in position by window hardware. No special tools or knowledge shall be required to open a window.
(15) Insect screens. Every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition. This section shall not apply to premises that actively utilize a mechanical cooling device.
(16) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guestrooms shall tightly secure the door, however no double dead bolts shall be permitted for the structure's main escape.
(17) Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
(18) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(19) Guards for area wells. Guardrails or covers shall be required for area wells deeper than 30 inches and located within 10 feet of the corner of a building.
(d) Rubbish and garbage.
(1) Accumulation of rubbish or garbage. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of rubbish or garbage. Prohibited property conditions include those conditions defined by Carmel City Code Chapter 6, Article 5, Division I: Public Nuisances.
(2) Disposal of rubbish and garbage. Every occupant of a structure shall dispose of all rubbish and garbage in a clean and sanitary manner by placing such rubbish or garbage in approved containers.
a. Rubbish and garbage storage. The owner of every occupied premise shall supply approved covered containers for rubbish and garbage, and the owner of the premises shall be responsible for the removal of rubbish and garbage.
b. Approved containers. The owner of premises producing rubbish or garbage shall provide, and at all times cause to be utilized, approved leak proof containers with close-fitting, air tight covers for the storage of such materials until removed from the premises for disposal.
(3) Location of refuse containers. Containers on residential properties shall be placed in such a manner as to be out of view from the street in front of the premises or in a garage located on the premises. Containers kept outside shall be placed and kept in such a manner as not to permit entry of or harborage for animals, insects or other vermin. Containers on nonresidential properties shall be fully screened from all lot lines and remain in compliance with Carmel City Code Chapter 6, Article 5, Division 1, § 6-77(1). In no event shall containers be placed or maintained in such a way as to unreasonably interfere with the use of adjoining property.
(4) Construction dumpsters. Pursuant to the provisions of Carmel City Code §§ 6-48 and 8-64, construction dumpsters shall not be placed on or within City rights-of-way, or platted or recorded easements. Placement on a residential lot may not exceed ten consecutive days except when construction is in progress. When construction is in progress, dumpster must be removed from the property upon completion of construction or upon expiration of building permit, whichever occurs first. For construction projects that do not require a building permit, dumpsters must be removed upon completion of project or after 30 consecutive days, whichever occurs first.
(e) Extermination.
(1) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health. After extermination, proper precautions shall be taken to prevent re-infestation.
(2) Owner. The owner of any structure shall be responsible for extermination within the structure.
(3) Single occupant. The occupant of a one- family dwelling or of a single tenant nonresidential structure shall also be responsible for extermination on the premises.
(4) Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, or a nonresidential structure shall be responsible for extermination in all areas of the structure and exterior property.
(f) Swimming pools, spas, and hot tubs.
(1) Swimming pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair.
(2) Enclosures. Private swimming pools, hot tubs and spas containing water shall be in compliance with Indiana State law including 675 IAC 20-4-27 as amended.
(3) Discharges. Discharges generated from the backwash of pool, spa or hot tub filter systems shall be legally connected to the sanitary sewer system. Water stored or contained within pools, spas or hot tubs that is removed from these improvements for maintenance, winterizing or other purposes shall be legally disposed to the sanitary sewer system. Water stored or contained within pools, spas or hot tubs that is removed from these improvements for maintenance, winterizing or other purposes that is dechlorinated may be discharged as a legal connection or a legal discharge.
(g) Interior structure.
(1) General provisions. The interior of a structure and its equipment shall be maintained in good repair, structurally sound and in a sanitary condition so as not to pose a threat to the health, safety, or welfare of the occupants or visitors, and to protect the occupants from the environment.
(2) Structural members. The supporting structural members of every building shall be maintained structurally sound; not showing evidence of deterioration that would render them incapable of carrying imposed loads. In every existing building used for business, industrial, mercantile or storage occupancy, in which heavy loads or concentrations occur in which machinery is introduced, the owner or occupant shall cause the weight that each floor will safely sustain to be calculated by a registered architect or engineer and filed with the Code Enforcement Official, and after such acceptance by the Code Enforcement Official, to be posted on each floor in a conspicuous place.
(3) Interior surfaces. Floors, walls (including windows and doors), ceilings and other interior surfaces shall be maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions, including mold spores, shall be eliminated.
(4) Lead-based paint. Lead-based paint with a lead content greater than that allowed by current federal guidelines or amendments thereto regulating the same, shall not be applied to any interior or exterior surface of a dwelling, dwelling unit, or childcare facility, including fences and outbuildings at these locations. Existing interior and exterior painted surfaces of dwelling units and childcare facilities that contain an excess of the allowed limit stated hereinabove shall be removed or covered in accordance with the current federal guidelines or amendments thereto regulating the same.
(5) Bathroom and kitchen floors. Every toilet, bathroom and kitchen floor surface shall be constructed and maintained so as to permit such floor to be kept in a clean, and sanitary condition.
(6) Free from dampness. In every building and all portions of the building including, but not limited to, basements and crawl spaces shall be maintained to prevent conditions conducive to mold formation, decay or deterioration of the structure.
(7) Handrails and guardrails. Every flight of stairs which is more than four risers shall have a handrail on at least one side of the stair, and every portion of a stair, landing or balcony which is more than 30 inches (762 mm) above the floor or grade below shall have guardrails. Handrails shall not be less than 34 inches (864 mm) high, measured vertically above the nosing of the tread or above the floor of the landing or balcony. Guardrails shall be not less than 30 inches (762 mm) high above the floor of the landing or balcony. Every handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be maintained in good condition.
(8) Below grade rooms. Rooms partially or completely below grade shall not be used as habitable space unless:
a. Floors and walls are watertight so as to prevent entry of moisture;
b. Total window area, total openable window area and ceiling height are in accordance with this code;
c. Required minimum window area of every habitable space is entirely above the grade adjoining such window areas; and
d. Means of egress and emergency escape are provided in accordance with this code.
(9) Basement flooding. The City shall assume no liability for basement flooding.
(10) Sump pump systems, meeting the requirements of a sump pump as defined in this code, shall be discharged as a legal connection or a legal discharge.
(11) Condensate from basement or other level dehumidifiers and air conditioning units may be discharged as a legal connection or a legal discharge meeting the provisions of this code.
(12) Discharges generated from basement or other level toilets, sinks, showers, washing machines, water softener discharge, floor drains and/or garage floor drains shall be legally connected, either by a gravity system or a pumped system independent of any sump pump systems, to the sanitary sewer system.
(Ord. D-1803-06, 5-15-06)