(A) (1) I.C. 36-7-9-1 is hereby incorporated by reference in the town’s Unsafe Building Law.
(2) All proceedings within the town for the inspection, repair and removal of unsafe buildings shall be governed by the law and the provisions of this subchapter.
(3) In the event the provisions of this subchapter conflict with the provisions of I.C. 36-7-9-1 through 36-8-9-28, then the provisions of the state statute shall control.
(B) The description 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 definition.
UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described, provided that the conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered:
(a) Whenever 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;
(b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit 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;
(c) Whenever 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;
(d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to 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;
(e) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(f) 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 for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for the buildings;
(g) Whenever any portion thereof has wracked, warped, buckled or settled to an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(h) Whenever the building or structure, or any portion thereof, because of:
1. Dilapidation, deterioration or decay;
2. Faulty construction;
3. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting the building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause is likely to partially or completely collapse.
(i) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(j) Whenever the exterior walls or other vertical structural members list, lean or buckle to an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(k) Whenever 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;
(l) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become:
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unlawful acts.
(m) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by the building regulations of the town or of any law or ordinance of the state relating to the condition, location or structure of buildings;
(n) Whenever any building or structure which, whether or rot erected in accordance with all applicable laws and ordinances has in any non- supporting part, member or portion less than 50% or in any support 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;
(o) 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 County Health Officer to be unsanitary, unfit for human habitation or in a condition that is likely to cause sickness or disease;
(p) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction is determined by the Town Fire Chief to be a fire hazard; and/or
(q) 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 a building or portion thereof an attractive nuisance or hazard to the public.
(C) The definition of
SUBSTANTIAL PROPERTY INTEREST, set forth in I.C. 36-7-9-2, is hereby incorporated by reference herein as if copied in full.
(Ord. 5-1988, passed - -88)