(A) Under the provisions of I.C. 36-7-9, there is hereby established the Cass County Unsafe Building Law.
(B) I.C. 36-7-9 is hereby adopted by reference as the Cass County Unsafe Building Law. All proceedings within the Cass County for the inspection, repair, and removal of unsafe buildings or the inspection and remediation of unsafe premises as addressed in I.C. 36-7-9-4 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 the state statute, the statute will control.
(C) All buildings or portions thereof within Cass County which are determined after inspection by the Zoning Administrator, Building Commissioner and/or Health Officer to be unsafe as defined in this section are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal. All tracts of real estate within Cass County which are determined after inspection by the Zoning Administrator, Building Commissioner and/or Health Officer to be unsafe as defined by this section are hereby declared to be public nuisances and shall be abated by repair or remediation.
(D) The Zoning Administrator, Building Commissioner and Health Officer shall be authorized to administer and to proceed under the provisions of said law in ordering the repair or removal of any building found to be unsafe or tracts of real estate considered as unsafe premises as specified therein or as specified hereafter.
(E) The Cass County Plan Commission is hereby designated as the hearing authority for the implementation of this section. The Cass County Plan Commission may defer health related issues of this section to the Cass County Health Board.
(F) The Cass County Commissioners hereby adopts I.C. Chapter 36-7-9, which establishes the Indiana Unsafe Building Law. Adoption explicitly incorporates by reference the definition of “substantial property interest” found in I.C. 36-7-9-2. The description of an unsafe building and unsafe premises contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in Cass County, Indiana by adding the following definition:
UNSAFE BUILDING AND UNSAFE PREMISES. Any building or structures or unsafe premises, except structures that are currently or previously used for agricultural uses, which has any or all of the conditions or defects described in I.C. 36-7-9 shall be deemed to be an unsafe building or unsafe premises, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered.
(Ord. 2015-05, passed 4-20-2015; Ord. 2017-10, passed 8-7-2017)