(A) Unsafe buildings or premises are defined as a building or structure, or any part of a building or structure, that is:
(1) In an impaired structural condition that makes it unsafe to a person or property;
(2) A fire hazard;
(3) A hazard to public health;
(4) A public nuisance;
(5) Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
(6) Vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance.
(B) For the purposes of this chapter, a tract of real property that does not contain a building or structure, not including land used for production of agriculture, is considered an unsafe premises if the tract of real property is a fire hazard, a hazard to public health; a public nuisance; or dangerous to a person or property because of a violation of a statute or an ordinance.
(C) For the purposes of this chapter any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe building provided that such conditions or defects exist to the extent that the life, health, property, or safety of the public or its occupants or potential occupants are endangered or whereas such conditions constitute a nuisance which may endanger life, limb, health, morals, property, safety or welfare of the general public:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is not arranged so as to provide safe and adequate means of exit in case of fire or panic;
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exist is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
(3) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location;
(4) Whenever any portion or member or appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(5) Whenever 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 so as to be capable of resisting a wind pressure of one half of that specified in the building code for new buildings or similar structure, purpose or location without exceeding the working stresses permitted in the building code for such buildings;
(6) Whenever the building or structure, or any portion there of, because of:
(a) Dilapidation, deterioration, or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, is likely to partially or completely collapse.
(7) Whenever for any reason, the building or structure or any portion there of is manifestly unsafe for the purpose for which it is being used;
(8) Whenever 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;
(9) Whenever the building or structure, exclusive of the foundation, should 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;
(10) Whenever any building or structure has been damaged by fire and more than six months goes by from the date of the fire and the building has not been repaired;
(11) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the health officers to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(12) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public;
(13) Inadequate or insufficient bath, toilet or kitchen;
(14) Inadequate or insufficient water supply or water supply systems;
(15) Inadequate or insufficient or other deficient air cooling, air heating or water heating equipment; and
(16) Any condition or conditions in violation of other applicable ordinances of the town and/or the building standards or codes of the State of Indiana.
(Ord. 2016-17, passed 1-9-2017)
Statutory reference:
For definition of “unsafe building” under state law, see I.C. 36-7-9-4