The definition of an UNSAFE BUILDING AND PREMISES contained in I.C. 36-7-9-4, as amended or replaced from time to time, is supplemented to provide minimum standards for building conditions or maintenance in the county by adding the following provisions to that definition.
UNSAFE BUILDING AND PREMISES. Any building or structure which has any or all of the conditions or defects described in this section shall be deemed an UNSAFE BUILDING AND PREMISES, if those conditions or defects exist to the extent that life, health, property, or the safety of the public or the occupants of that building or structure are endangered:
(1) If 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 in compliance with any applicable Building Code requirement;
(2) If the stress in any materials, member, or portion of them, due to all dead or 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) If any portion has been damaged by fire, earthquake, wind, flood, or by any other cause, to the extent that its structural strength or stability is materially less than it was before that catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location;
(4) If any portion, member, or appurtenance is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(5) If any portion of a building or any member, appurtenance, or ornamentation on the exterior of it is not of sufficient strength or stability or is not so anchored, attached, or fastened in place 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 those buildings;
(6) If any portion has racked, warped, buckled, or settled to the 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) If the building or structure, or any portion of it, is likely to partially or completely collapse due to:
(a) Dilapidation, deterioration, or decay;
(b) Faulty construction;
(c) The removal, movement, or instability of any portion of the ground necessary to support that building;
(d) The deterioration, decay, or inadequacy of its foundation; or
(e) Any other cause.
(8) If, for any reason, the building or structure, or any portion of it, is manifestly unsafe for the purpose for which it is being used;
(9) If the exterior walls or other vertical structural members list, lean, or buckle, to the extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base;
(10) If the building or structure, exclusive of its 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) If the building or structure has been so damaged by fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(12) If any building or structure has been constructed, exists, or is maintained in violation of any requirement or prohibition set forth in §§ 151.01 through 151.11, as amended and replaced from time to time, or of any state law or other county ordinance governing the condition, location, or structure of buildings; provided, however, that legal nonconforming buildings or structures as permitted by and in compliance with 675 I.A.C. 12 shall not be considered an UNSAFE BUILDING OR PREMISES by reason alone of having such legal nonconforming condition;
(13) If 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:
(a) strength;
(b) fire-resisting qualities or characteristics; or
(c) weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area and height;
(14) If a building or structure used or intended to be used for dwelling purposes is found by the County Building Department to be unsanitary, unfit for human habitation, or is likely to cause sickness or disease, due to inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air, or sanitary facilities, or for any other reason;
(15) If any building or structure is determined by the County Building Department to be a fire hazard because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electrical wiring, gas connections or heating apparatus, or for any other reason; or
(16) If 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 more than six months so that it constitutes an attractive nuisance or a hazard to the public safety.
(Prior Code, § 36-7-9-1) (Ord. 84-125, passed 3-5-1984, 84 COM REC 124–128; Ord. PC 88-21, passed 5-2-1988, 88 COM REC 509–522; Ord. 89-352, passed 4-3-1989, 89 COM REC 349, 353–353; Ord. PC 89-35, passed 8-7-1989, 89 COM REC 906–907A; Ord. 90-137, passed 2-5-1990, 90 COM REC 136–142; Ord. 08-419, passed 11-3-2008; Ord. CO-2020-43, passed 12-28-2020)