(A) Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of commercial, industrial, non-residential, or mixed-use structures, mechanical equipment, premises, and exterior property.
(B) Responsibility. The owner, occupant, or responsible person of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this chapter.
(C) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein so as not to cause a blighting problem, adversely affect the public health and/or safety, or decrease property values.
(D) Adoption of state laws. Indiana Code 36-7-9-1 through 36-7-9-29, collectively entitled "The Unsafe Building Law," are hereby adopted in their entirety, incorporated by reference and made a part hereof as if copied verbatim. These provisions are further supplemented by the provisions of this chapter. All proceedings within the city for the inspection, repair and removal of unsafe buildings shall be governed by IC 36-7-9-1 through 36-7-9-29 and by the provisions of this chapter and any other applicable city ordinance.
(1) Certain building conditions deemed unsafe. The description of an unsafe building contained in IC 36-7-9-4 is hereby supplemented to provide minimum standards for building conditions or maintenance in the city. 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:
(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 stress in any materials, member or portion thereof, due to all dead and live loads, is more than 1% times the working stress or stresses approved for new buildings of similar structure, purpose or location;
(c) Whenever any building or structure or portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the building or structure or any portion thereof has become so dilapidated or deteriorated so as to become an attractive nuisance to children, or freely accessible to persons for the purpose of committing unlawful acts, or is less than the approved minimum requirements for new buildings of similar structure, purpose or location;
(d) Whenever any portion, member or appurtenance thereof is likely to fail, become detached or dislodged or to collapse and thereby injure persons or damage property;
(e) 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 50% of that specified for new buildings of similar structure, purpose or location without exceeding the working stresses approved for such building; or whenever any portion thereof has cracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is approved in the case of similar new construction;
(f) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay, faulty construction, the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay, or inadequacy of its foundation, or any other cause, is likely to partially or completely collapse;
(g) Whenever the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(h) 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 1/3 of the footer, this item shall not be the sole criteria for evaluating uninhabited accessory structures;
(i) 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;
(j) Whenever any building or structure that has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the regulations of the Allen County Building Department or of any state and local codes and ordinances of this state or city relating to the condition, location of structures or buildings;
(k) Whenever any building or structure, whether or not erected in accordance with all applicable laws and ordinances, has in any non-supporting part, member or portion less than 66% of the strength, fire resisting and/or weather resisting qualities or characteristics, approved by law in the case of a newly constructed building of like area, height and occupancy in the same location;
(1) Whenever a building or structure, used or intended to be used for residential or nonresidential purposes because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities or otherwise is determined by the Enforcement Authority to be unfit for human occupancy, to be unsanitary or in such a condition that is likely to cause sickness or disease;
(m) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate egress, lack of sufficient fire resistive construction, faulty electric wiring, gas connection or heating apparatus or other cause is determined by the Enforcement Authority to be a fire hazard; or
(n) 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.
(‘74 Code, § 14.7-6)
(E) Handrails and guardrails. Every exterior and interior flight of stairs 30 inches or more above the grade below shall have a handrail on one side of the stair. Every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 3 0 inches above the floor or grade below shall have guardrails.
(1) Handrails and guardrails provision. Every handrail and guardrail shall be firmly fastened and shall be capable of supporting normally imposed loads and shall be maintained in good condition.
(2) Minimum height. Handrails and guardrails must comply with state and local codes and ordinances.
(3) Minimum width. Minimum width between vertical balusters or ornamental patterns shall comply with all state and local codes and ordinances. (International Building ode, hereinafter IBC, 2006 § 1012-1013) (IPMC 2006 § 306).
(F) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition.
(G) Grading and drainage. All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of standing or stagnant water thereon, or within any structure, or accessory structure located thereon.
(H) Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions.
(I) Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of nine inches. All noxious weeds or other undesirable plants shall be prohibited. Weeds shall be defined as all grasses, annual plants and vegetation, other than properly maintained trees or shrubs provided; however, this term shall not include cultivated flowers and gardens and shall exclude property that is defined in City Code § 100.16, as EXCLUDED PROPERTY.
(J) Rodent harborage. All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be exterminated by processes which will not be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent re-infestation.
(K) Exhaust vents. Pipes, ducts, conductors, fans or blowers shall be properly maintained when discharging gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes and shall be installed according to state and local codes and ordinances.
(L) Accessory structures. All accessory structures, including but not limited to, detached garages, detached carports, tents, storage containers, sheds, fences, walls, pools and all similar structures or buildings, shall be maintained, and/or in good repair in accordance with all applicable state and local codes and ordinances.
(M) Vehicles. Except as provided for in other regulations, no inoperable vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. All operable vehicles must be parked on an approved surface and shall be in accordance with applicable state and local codes and ordinances.
(IPMC 2006 § 302) ('74 Code, § 32-2)
(N) Exterior structure.
(1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
(2) Protective treatment. All exterior surfaces, including but not limited to doors, windows, door and window frames and sashes, cornices, porches, trim, balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation or non-ferrous materials are exempt from this requirement.
(3) Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
(4) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks. They shall be kept in such condition so as to prevent entry of rodents and other pests. Basement and crawl spaces shall be maintained reasonably free of dampness to prevent conditions conducive to decay or deterioration of the structure. Basements, crawl spaces, or other similar below grade structures shall be kept free of standing or stagnant water to ensure public health and safety.
(5) Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
(6) Roofs and drainage.
(a) Roofs. The roof and flashing shall be sound, weather tight and/or free of defects that admit moisture. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.
(b) Gutters and downspouts. Gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance. Drainage must be in accordance with applicable state and local codes and ordinances.
(7) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features or appurtenances shall be maintained in good repair with proper anchorage and in a safe condition.
(8) Overhang extensions. All overhang extensions including, but not limited to soffits, fascia, canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(9) Stairways, steps, decks, porches, balconies, walkways, and ramps. All exterior stairways, steps, decks, porches, balconies, walkways, ramps and any additional appurtenances attached thereto shall be structurally sound, maintained in good repair, with proper anchorage and capable of supporting the imposed loads. All exterior stairways and steps, shall be properly maintained so as not to have any deteriorated, broken, warped or loose treads and risers. All walkways driveways and ramps shall be properly maintained.
(10) Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
(11) Window, skylight and door. Every window, skylight, door and all components shall be kept in sound condition, good repair and weather tight.
(12) Glazing. All glazing materials shall be maintained free from cracks and holes.
(13) Operable windows. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware.
(14) Exterior doors. All exterior doors, door assemblies and hardware shall be maintained in good condition and be a suitable means of ingress and egress pursuant to local fire codes.
(15) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of rodents.
(16) Building security. Doors, windows or hatchways for a structure shall be provided with devices designed to provide security for the occupants and property within.
(a) Exterior door hardware. Doors providing access to a structure other than marked exit doors shall be equipped with a lock(s) that tightly secures the door, and are designed to be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort. Such locks shall be installed according to the manufacturer's specifications and maintained in good working order.
(b) Windows. Operable windows located in whole or in part within 12 feet above ground level or a walking surface below that provide access to a structure shall be equipped with a window sash locking device.
(c) Basement hatchways. Basement hatchways shall be maintained to be structurally sound, weather tight, watertight, and rodent proof. Hatchways shall also be equipped with locking devices which secure the unit from unauthorized entry.
(17) Defacement of property. Defacement of the exterior surfaces of any structures by marking, carving, tagging, or graffiti shall be properly abated by the owner or operator of the premises.
(18) Swimming pools and spas. Pools, spas, hot tubs shall be maintained in a safe and sanitary manner, in conformance with state and local codes and ordinances.
(19) Premise identification.
(a) No person, who may be the owner lessee or occupant of any building required to be numbered by this chapter or any subsequent ordinance, shall refuse or neglect to correctly number his or her building in conformity with this chapter. The numbers shall consist of figures not less than three inches in height and placed in a conspicuous location on the front of the primary-structure in a manner which is clearly discernible from the street or roadway.
(b) If the address numbers affixed to the structure are not easily read from the street due to lot configuration, obstructed view, or other condition, an additional marker or placard must be prominently displayed on the premises visible from the street or roadway.
(c) The egress to the rear portion of the building or other structure shall be affixed with numbers placed in a conspicuous location indicating the official address in characters no less than three inches tall.
('74 Code, §§ 25-68, 25-69) (Code §§ 99.113 - 99.114)
(20) Insect screening. All openings requiring screening for ventilation of habitable rooms, food preparation areas, food service areas, or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged, or stored shall be supplied with approved tightly fitting screens maintained in good repair, properly fitted to the opening in conformance with state and local codes and ordinances.
Exception: screens shall not be required where other approved means are employed.
(21) Loose building components. Any place, part or attachment of the structure not securely fixed so as to be in danger of falling or being dislodged by the elements creating the possibility of injury to person or property shall be secured, removed or replaced.
(IPMC 2006 § 303-304) (IBC 2006 § 1008)
(O) Trash and debris. All exterior property and premises, and the interior of every structure, shall be free from any accumulation of trash and debris.
(1) Disposal of trash and debris. Every occupant of a structure shall dispose of all refuse in a clean and sanitary manner by placing such rubbish in refuse containers.
(2) Trash storage facilities. The owner of every occupied premise shall supply covered refuse containers for trash, and the owner of the premises shall be responsible for the removal of the trash.
(IPMC 2006 § 307)
(P) Extermination. All structures shall be kept free from insect and rodent infestation.
(1) Infestation. All structures in which insects, rodents, or other undesirable animals are found shall be cleared of such infestation by extermination processes that will not be injurious to human health. After extermination or abatement, proper precautions shall be taken to prevent re-infestation.
(2) Owner. The owner of any structure shall be responsible for extermination or abatement within the structure or premises.
(IPMC 2006 § 308)
(Q) Prohibited outdoor storage. It shall be unlawful and prohibited for any occupant to cause, keep, permit or maintain a public nuisance. Public nuisance shall include, but not be limited to, the following:
(R) Dead or damaged tree removal on private property. The Enforcement Authority shall have the authority to order the removal of any dead or damaged trees, as determined by a certified arborist, on private property within the city, upon receiving a complaint, when such trees constitutes a public nuisance to the occupants, adjacent property or to the public. The owner shall remove such trees or parts thereof at the owner's expense pursuant to the order to abate. In the event the owner fails to comply with the notice, the Enforcement Authority shall have the authority to remove such trees and charge the cost of removal to the owner.
('74 Code, § 14.7-30)
(Ord. G-31-85, passed 12-23-85; Am. Ord. G-04-88, passed 5-24-88; Am. Ord. G-06-92, passed 2-20-92; Am. Ord. G-11-02, passed 4-23-02; Am. Ord. G-07-09, passed 2-24-09; Am. Ord. G-8-17, passed 4-25-17)