The definitions in IC 36-7-9-1 through 36-7-9-29 are adopted by reference. Without limiting those definitions, they are supplemented as follows:
"DEPARTMENT." The office of the Town Manager of the Town of Edinburgh, Indiana by and through the Building and Zoning Department of the Town of Edinburgh.
"ENFORCEMENT AUTHORITY." The Town Manager of the Town of Edinburgh, Indiana and/or the designee of the Town Manager.
"HEARING AUTHORITY." The person or persons designated as such by the Edinburgh Town Council. Such designation(s) may be made by amendment(s) to this chapter and/or by resolution(s) adopted from time to time.
"SUBSTANTIAL PROPERTY INTEREST." Has the meaning set out in IC 36-7-9-2. Pursuant to IC 36-7-9-3, that definition is specifically incorporated by reference.
"UNSAFE BUILDING and UNSAFE PREMISES." Have the meanings that are set out in IC 36-7-9-1 through 36-7-9-29. Further, and not in limitation of the meanings set forth in the Indiana Code, "UNSAFE BUILDING and UNSAFE PREMISES" include the following. 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 life, health, property, or safety of the public or its occupants are endangered.
(1) Whenever any door, aisle, passageway, or other means of egress or means of escape 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) 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.
(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 for new buildings or similar structure, purpose or location.
(4) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby creating a situation to potentially injure persons or damage property.
(5) Whenever any portion of a building, or any member, appurtenance, 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 or similar structure, purpose or location without exceeding the working stresses permitted for such buildings.
(6) Whenever any portion thereof has racked, warped, buckled or settled to such 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.
(7) Whenever the building or structure, or any portion thereof, 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;
(e) Any other cause; or is likely to partially or completely collapse.
(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
(9) 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.
(10) 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 nonsupporting members, enclosing, or outside walls or coverings.
(11) 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:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(12) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of the town, or of any law or ordinance of this state or town, relating to the condition, location or structure of buildings.
(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting parts, member or portion less than 50%, or in any support part, member or portion less than 66% of the:
(a) Strength;
(b) Fire-resisting qualities or characteristics;
(c) Weather-resisting qualities or characteristics; or required by law in the case of a newly constructed building of like area, height and occupancy in the same location.
(14) Whenever 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 Building and Zoning Department of the Town of Edinburgh to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.
(15) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the Building and Zoning Department of the town to be a fire hazard.
(16) 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.
(17) Whenever the building or structure has been used as a location to produce methamphetamine or any other narcotic and the building or structure has not been certified clean by the Local or State Department of Health.
(18) Whenever the building or structure has been used as a location to produce devices with explosives or any other materials that were intended to create an explosion and the building or structure has not been certified clean by the Local or State Department of Health.
(19) Whenever the building or structure has been declared a public nuisance in accordance with § 103.08 of the Town of Edinburgh Municipal Code.
(Ord. 1985-6, passed 5-13-85; Am. Ord. 2021-23, passed 12-13-21)