(A) The definition of an “unsafe building” contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the town, by adding the following to this statutory definition:
(1) Any door, aisle, passageway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic;
(2) The stress 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 similar structure, purpose or location;
(3) Any portion thereof has been damaged by fire, earthquake, wind, flood or any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before the catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose or location;
(4) 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;
(5) 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 as to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose or location without exceeding the working stresses permitted for such buildings;
(6) Any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes that is required in the case of similar new construction;
(7) The building or structure, or any portion thereof, because of dilapidation, deterioration or decay; faulty construction; the removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
(8) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) 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;
(10) 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;
(11) The building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children; a harbor for vagrants, criminals or immoral persons; or to enable persons to resort thereto for the purpose of committing unlawful or immoral acts;
(12) Any building or structure has been constructed, exits or is maintained in violation of any specific requirement or prohibition applicable to that building or structure provided by the building regulations of the town, or any law or ordinance of the state or town relating to the condition, location or structure of buildings;
(13) Any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non- supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the strength, fire-resisting qualities or characteristics or weather-resisting qualities or characteristics required by law in the case of a newly- constructed building of like area, height and occupancy in the same location;
(14) A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by the town to be unsanitary, unfit for human habitation or in such a condition as to be likely to cause sickness or disease;
(15) Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire- resistive construction, faulty electric wiring, gas connections, heating apparatus or other causes, is determined by the town to be a fire hazard;
(16) Any building or structure is in such a condition as to constitute a public nuisance known to the common law or equity jurisprudence; and
(17) Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or any building or structure is abandoned for a period in excess of six months so as to constitute an attractive nuisance or hazard to the public.
(B) Any building or structure which has any or all of the conditions or defects described above shall be deemed to be an unsafe building; provided, the conditions or defects exist to the extent that life, health, property or the safety of the public or its occupants are endangered.
(Prior Code, § 150.44) (Ord. 4-1980, passed 9-2-1980)