(A) Adoption. This section shall be known as the Unsafe Building Law of the county, and the requirements herein apply throughout the unincorporated territory of the county. I.C. 36-7-9-1 through I.C. 36-7-9-28stateRef is hereby adopted by reference as the Unsafe Building Law of the county, and incorporated herein as if set out in full.
(1) All proceedings within the county for the inspection, repair, and removal of unsafe buildings shall be governed by the Indiana Code and the provisions of this section. In the event the provisions of this section conflict with the Indiana Code, then the provisions of the Indiana Code shall control.
(2) The building standards and rules of the State Fire Prevention and Building Safety Commission, as set forth in the Indiana Code and in the Indiana Administrative Code, are adopted as the building standards and rules for matters considered under the terms of this section.
(B) Administration. The Director of Operations and Planning for the Board of Commissioners, or his or her designate, is authorized to administer the county’s Unsafe Building Law and to order the repair or removal of unsafe buildings and structures in accordance with the procedures set forth herein.
(C) Public nuisance. All building, structures, or portions thereof which are determined after inspection by the enforcement authority to be unsafe, as defined in this section, are hereby declared to be a public nuisance, and shall be abated by repair, rehabilitation, demolition, or removal.
(D) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The county’s Planning Commission.
ENFORCEMENT AUTHORITY. The Director of Operations and Planning for the county’s Board of Commissioners, or the designee of the Director.
HEARING AUTHORITY. The Board of Commissioners, acting as the primary hearing board for disputes that arise under this section.
SEALING A BUILDING OR STRUCTURE. Padlocking the entries to the building or structure and posting the building or structure with a notice that forbids entry to the building or structure, and securing all other entry points to the building or structure from entry, as prescribed by the enforcement authority.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this section, including a fee interest, a life estate, interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
UNSAFE BUILDING OR STRUCTURE. (The foregoing definition of an unsafe building or structure is intended to supplement the definition of that term contained in I.C. 36-7-9-4, and to provide minimum standards for building and structure condition and maintenance.) Any building or structure that has any of the conditions or defects hereinafter described, provided that such 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 any 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, 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, members, 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, purposes, or location;
(d) 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 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 property damage;
(f) Whenever any portion of a building, of 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 such buildings;
(g) 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;
(h) Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse 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 such a building;
4. The deterioration, decay, or inadequacy of its foundations; or
5. Any other cause.
(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 such 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 member, enclosing or outside walls, or coverage;
(l) Whenever the building or structure has been damaged by fire, wind, earthquake, or flood, or has become so dilapidated so as to become:
1. An attractive nuisance to children; or
2. Freely accessible to people for the purpose of committing unlawful acts or maintaining a common nuisance.
(m) 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 county, or of any law or ordinance of the state or the county relating to the condition, location, or structure of buildings;
(n) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any non- supporting, portion less than 50%, or in any supporting part, member, or portion less than 66% of the:
1. Strength;
2. Fire-resisting qualities or characteristics; or
3. 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 structure used, or intended to be used, for dwelling purposes, because of inadequate maintenance, dilapidation, decay, sanitation facilities, or otherwise is determined by the County Health Department to be unsanitary, unfit for human habitation, or in such 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 Fire Department to be a fire hazard; and/or
(q) Whenever any portion of a building or structure remains on the 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, as an attractive nuisance or hazard to the public.
UNSAFE PREMISES. An unsafe building or structure and the tract of real property on which the unsafe building or structure is located.
(E) Order and notice.
(1) The enforcement authority is authorized to issue an order requiring any remedies described in I.C. 36-7-9-5 and containing the information and time limit required by I.C. 36-7-9-5.
(2) An order that requires sealing a building under I.C. 36-7-9-5(a) requires notification to each person holding any fee-interest or life estate. For other orders issued under I.C. 36-7-9-12, each person having a substantial property interest in the unsafe premises must be notified.
(3) Notification under this section must be made in accordance with I.C. 36-7-9-25.
(F) Hearing a review. Hearing and review are provided as set forth in I.C. 36-7-9-3 and I.C. 36-7-9-8. A hearing is not required to carry out an order to seal a building. However, a previously issued order to seal may be modified or rescinded only if the persons previously notified have been notified of the change or rescission by means of a written statement in the manner prescribed by I.C. 36-7-9-6. The order to seal does not become final until ten days from issuance, within which time a fee interest or life estate holder may, in writing, request a hearing.
(H) Emergency orders.
(1) Emergency action in order to protect life, safety, or property may be taken, without issuing an order or giving notice, but shall be taken in accordance with I.C. 36-7-9-9. The action is limited to the abatement of immediate danger.
(2) The county may recover the costs of the action by filing a suit in the county’s circuit or superior court against person then holding the fee interest or a life estate in the unsafe premises.
(3) Alternatively, the enforcement authority may bring a civil action under I.C. 36-7-9-17 and I.C. 36-7-9-22stateRef, alleging the existence of unsafe premises that present an immediate danger to the community sufficient to warrant emergency action. In such case, there shall be a hearing within ten days on the complaint.
(I) Manner of performance. The manner of performance of work, including bids and notifications, must be in accordance with I.C. 36-7-9-11.
(J) Costs.
(1) The cost of the work performed under this section shall be the responsibility, of the persons that hold fee interests or life estates in the unsafe premises. Costs shall be determined on the basis of the factors listed in I.C. 36-7-9-12.
(2) Objections and requests for a hearing on bills submitted to responsible parties may be filed in a state court of general jurisdiction in the county. Unpaid costs are subject to the procedure in I.C. 36-7-9-13, and may result in a judgment against the real or personal property of the persons who are responsible for the costs.
(K) Unsafe Building Fund. An Unsafe Building Fund is hereby established in the operating budget of the county, in accordance with the provisions of I.C. 36-7-9-14.
(L) Standard of work.
(1) All work for reconstruction, alteration, repair, or demolition shall be performed in a good, workperson-like manner according to the accepted standards and practices in the trade.
(2) The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission (675 I.A.C.), including 675 I.A.C. 12-4-9 and 675 I.A.C. 12-4-11(a), shall be considered standard and acceptable practice for all matters covered by this section by the Executive Director of the County Area Plan Commission.
(M) Inspection warrants. The enforcement authority may obtain an inspection warrant from the court in cases when the owner or possessors refuse the authority permission to inspect as provided in I.C. 36-7-9-16.
(N) Enforcement. The enforcement authority may request the County Attorney to bring a civil action in a court of general jurisdiction in the county seeking remedies authorized in I.C. 36-7-9-19 and I.C. 36-7-9-22stateRef, including a request to the court for forfeiture up to $1,000.
(O) Violations. It shall be a violation of this section for a person to:
(1) Remain in, use, or enter a building in violation of this section;
(2) Knowingly interfere with, or delay the carrying out of, an order made under this section;
(3) Knowingly obstruct, damage, or interfere with persons engaged, or property used, in performing any work or duty under this section;
(4) Erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause of permit the same to be done, contrary to, or in violation of, any of the provisions of this section or any order issued by the Enforcement Authority; and/or
(5) Fail to comply with I.C. 36-7-9-27 regarding information on transfers of property interest.
(Ord. 2012-XIV, passed - -; Ord. 2018-1, passed 1-2-2018) Penalty, see § 151.99