(A) General provisions.
(1) Title. These regulations shall be known as the Property Maintenance Code of the city, hereinafter referred to as “this chapter.”
(2) Scope. The provisions of this chapter 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, except for the rules of the Fire Prevention and Building Safety Commission.
(3) Purpose. This chapter 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 chapter is to eliminate blight, to ensure 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.
(B) Applicability.
(1) General provisions. The provisions of this chapter shall apply to all matters affecting or relating to structures and premises except as to those matters governed by the provisions of the State Building Code, State Residential Code, State Fire Code, State Electric Code, State Fuel Gas Code, State Mechanical Code, State Energy Code, State Accessibility Code, State Plumbing Code, State Swimming Pool Code, 675 I.A.C. 12, as the same shall be amended from time to time. Where, in a specific case, different sections of this chapter specify different requirements, the most restrictive shall govern.
(2) No private cause of action. Nothing in this chapter 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 State Building Code, State Residential Code, State Fire Code, State Electric Code, State Mechanical Code, State Fuel Gas Code, State Energy Code, State Accessibility Code, State Plumbing Code and/or State Swimming Pool Code, 675 I.A.C. 12, as same may be amended from time to time.
(4) Existing remedies. The provisions in this chapter 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.
(5) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this chapter 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 the Fire Prevention and Building Safety Commission and this chapter.
(7) Proposed improvements. Any proposed improvements or maintenance thereto shall be designed, permitted, installed and maintained in accordance with the provisions of this chapter and the current city 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 agencies that have jurisdiction over the installation or maintenance of such improvements, specify different requirements, the Fire Prevention and Building Safety Commission regulations shall govern.
(C) Code enforcement.
(1) General. Property maintenance inspections as required by this chapter 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 chapter 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 he or she is the owner of the building.
(3) Liability.
(a) The Code Enforcement Official, officer or employee charged with the enforcement of this chapter, while acting under its 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 chapter 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 chapter; 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 chapter.
(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 chapter, 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 chapter. 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 of an interior of a structure 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 at the direction of the Board of Public Works and Safety.
(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 and shall request a city police officer to accompany him or her to the premises.
(E) Approval of modifications. Whenever there are practical difficulties involved in carrying out the provisions of this chapter, the Code Enforcement Official shall have the authority, upon approval of the Board of Public Works and Safety, to grant modifications for individual cases, provided the Code Enforcement Official shall first find that the practical difficulty makes the strict letter of this chapter impractical and the modification is in compliance with the intent and purpose of this chapter and that such modification does not lessen health, life and fire safety requirements or modify the rules of the Fire Prevention and Building Safety Commission. 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 chapter.
(2) Notice of violation. The Code Enforcement Official shall serve a notice of violation and request for abatement in accordance with divisions (G)(3) and (G)(4) below.
(3) Prosecution of violation. Any person failing to comply with a notice of violation and request for abatement served in accordance with divisions (G)(3) and (G)(4) below shall be deemed guilty of a violation of this chapter and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the Code Enforcement Official shall cause to be instituted 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 chapter or of the order or direction made pursuant thereto.
(4) Abatement of violation.
(a) The imposition of the penalties prescribed in § 152.99 of this code shall not preclude the city from instituting appropriate action to restrain, correct or abate a violation in the city, county or state.
(b) 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 represents the potential to be in violation of this chapter. Violations shall be remedied to the satisfaction of the city.
(c) 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 attorneys’ fees, consultant fees and collection fees, including reasonable attorneys’ 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 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 chapter. 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 or her 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 chapter 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 therefor in the manner prescribed in divisions (G)(3) and (G)(4) below. The city will take enforcement action only with the owner or responsible party at the time the violation is identified.
(3) Notice of correction order. Such notice prescribed in division (G)(2) above 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(s) violated and why the notice is being issued and include a description of the actions necessary to correct the violation or violations;
(d) Include a correction order allowing a reasonable amount of time, of at least ten days (excepting cases of emergency or safety concerns), 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 chapter; and
(e) Include a notice containing the right to appeal the Code Enforcement Official’s determination to the Board of Public Works and Safety in accordance with division (H) below.
(4) Method of service.
(a) Such notice shall be deemed to be properly served if a copy thereof is sent by certified return receipt mail or hand-delivered by an employee of the city.
(b) If these two means of service are attempted, but service is not successful, notice may be given by leaving a copy of the notice at the dwelling house of the person to whom the notice must be given and sending the notice by first class to the last known address of the person to whom the notice must be given, in accordance with the provisions of I.C. 1-1-7-1.
(H) Means of appeal.
(1) Appeal to Board of Public Works and Safety. 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 division (G) above 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 and Safety for rescission of the notice or order, or for a modification, variance or extension of time for compliance. However, the Board of Public Works and Safety shall not consider or grant modifications or variance from any applicable rule of the Fire Prevention and Building Safety Commission.
(2) Procedure and hearing. A request for rescission, modification, variance or extension of time shall be made in writing, to the City Clerk-Treasurer’s office, to be placed on the Board of Public Works and Safety agenda, within ten days of the appellant’s receipt of a copy of the notice or order. The Board of Public Works and Safety shall schedule a hearing within 30 days of receipt of the request.
(3) Open hearing. All hearings before the Board of Public Works and Safety 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 and Safety shall make the following findings:
(a) The violator was served with a notice of correction order as provided by divisions (G)(3) and (G)(4) below;
(b) The notice of correction order that was served stated the specific nature of the violation; the specific 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 the offending property into compliance with this chapter;
(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 this chapter and/or conditions imposed by Board of Public Works and Safety as a prerequisite to the modification of a previous compliance order; and
(e) Determination that a violation exists on the property.
(5) Board decision. At the conclusion of a hearing at which a continuance is not granted, the Board of Public Works and Safety 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 in the Board’s minutes and if a notice or order is affirmed or modified, the Board of Public Works and Safety shall, in the determination on appeal, reestablish a reasonable time line to make the repairs and improvements required to bring the dwelling unit, structure or improvement into compliance with the provisions of this chapter.
(6) Court review. Any interested party having standing, 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. Commencement of an application for writ of certiorari must be filed in the County Circuit Court within 30 days of the filing of the decision of the Board of Public Works and safety in the office of the City Clerk-Treasurer. There is a 30-day limit to file an appeal with the court.
(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 and Safety rules on the appeal.
(I) Unsafe structures.
(1) General provisions. Unsafe structures shall be regulated and enforced as provided by the city’s 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 Charlestown.” 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 division (J) shall only apply when demolition is ordered pursuant to the enforcement of division (I) above.
(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 within 30 days of demolition. 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 chapter 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 chapter. 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 chapter 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. 2020-OR-05, passed 4-6-2020) Penalty, see § 152.99