(A) General.
(1) Scope.
(a) The provisions of this chapter shall apply to all residential structures, residential portions of mixed occupancy buildings, and temporary housing) existing at the date of the adoption of this chapter and thereafter erected, and shall apply to all conversions and future conversions of existing buildings from nonresidential to residential or partially. residential. (‘74 Code, § 14.7-10)
(b) Material used in making any repairs shall be of a quality suitable for the purpose. Such repair shall be accomplished in a workmanlike manner and according to the accepted standards and practices of the appropriate trade. ('74 Code, § 4.7-1)
(2) Responsibility.
(a) Owner.
1. Prohibited occupancy. No owner shall rent, lease or permit the subletting to another for occupancy any vacant or vacated dwelling or dwelling unit which has been condemned by the Enforcement Authority, unless permission for such occupancy has been granted by the Enforcement Authority subsequent to an inspection. Such permission shall not be unreasonably withheld by the Enforcement Authority.
2. Sanitary maintenance. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public area of the dwelling and the premises thereof.
3. Garbage and refuse. For every dwelling containing three or more dwelling units, the owner shall provide in a location accessible to all dwelling units an adequate number of receptacles into which garbage, rubbish and ashes from the dwelling unit receptacles may be emptied for storage between the days of collection.
4. Heat. If the heating facilities of any dwelling or dwelling unit are not under the control of the occupant thereof, and except as otherwise provided herein, it is the responsibility of the owner, operator or agent in charge to operate the heating facilities, during the period between September 1 to May 1, and to maintain an inside temperature as required in § 152.08(B)(2) .
5. Rodent proofing and pest extermination. Every owner shall be responsible for the eradication of any insects, rodents or other pests in dwellings containing two or more dwelling units and in the shared or public parts thereof.
6. Posts of identification of owner or agent. In any dwelling in which the owner does not reside, the name, address and telephone number of the owner or his agent or other responsible person, if any, shall be:
a. Supplied in writing to the occupants of the dwelling; and
b. Posted in a public or prominent place on the premises visible from outside the structure or, in the alternative, provided to Neighborhood Code Compliance. The information shall be legible, accurate, and kept up to date. A post office box number shall be unacceptable for the address required by this section.
7. Flammable liquids or gases or combustible materials. The occupant of any dwelling or dwelling unit shall not have or store flammable or combustible liquids or gas within the dwelling or dwelling unit in an amount considered dangerous by the Enforcement Authority and/or the Fort Wayne Fire Department.
(b) Occupants.
1. Prohibited occupancy. An occupant or tenant shall not sublet any dwelling or dwelling unit which does not comply with the provisions of this standard. In particular, but not by way of limitation, an occupant shall not permit any portion of a dwelling or dwelling unit to be occupied in violation of the standards and requirements for light, ventilation and occupancy as provided in this standard.
2. Sanitary maintenance. Every occupant of a dwelling or dwelling unit shall keep it in a clean and sanitary condition (that part of the dwelling or dwelling unit) and the premises thereof which he or she occupies or controls.
3. Pest extermination. Every owner or occupant of a single family dwelling shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises.
4. Garbage and refuse. Every occupant of a structure or part thereof shall dispose of all garbage and rubbish in a clean and sanitary manner by placing it in storage containers as required by this standard.
5. Egress. The occupant of any dwelling or dwelling unit shall not obstruct in any manner any means of egress from any portion of the premises.
6. Flammable liquids or gases or combustible materials. The occupant of any dwelling or dwelling unit shall not have or store flammable or combustible liquids or gas within the dwelling or dwelling unit in an amount considered dangerous by the Enforcement Authority and/or the Fort Wayne Fire Department.
7. Access for repairs. Every occupant of a dwelling or dwelling unit shall give the owner thereof, or his or her agent or employee, access to any part of such dwelling or dwelling unit, or its premises, at all reasonable times for the purpose of making such inspection and such repairs or alterations which are necessary to effect compliance with the provisions of this standard or with any lawful rule or regulation adopted or any lawful order issued pursuant to the provision of this standard.
8. Heat.
a. Where the heating facilities of any dwelling are under the control of the occupant thereof, it shall be the responsibility of the occupant to operate the heating facilities in order to maintain above freezing temperature at all times in all portions of the dwelling and the premises he occupies and controls so as to prevent damage to water pipes and plumbing.
b. If an occupant has control of the heat in any other dwelling unit in addition to their own dwelling unit, said occupant shall comply with the provisions as set forth in § 152.08(B)(2) . ('74 Code, § 14.7-15)
(3) Vacant structures and land.
(a) Vacant or unoccupied residential structures shall not be required to meet the same interior standards as operational, occupied residential structures. It is not the purpose of this chapter to impede or inhibit development of residential properties. Therefore, the interior standards of the structure shall be limited to maintaining it in a safe and sanitary-condition, free of hazards, trash and debris, infestation, or any issues which potentially create a health and safety concern to the community. All exterior and property standards of this chapter shall apply regardless of occupancy or operation of residential properties.
(b) Unsecured openings in any building, dwelling, dwelling unit or structure shall be secured according to Neighborhood Code Compliance specifications. Other boarding specifications may be approved by the department. (‘74 Code, § 14.7-29)
(4) Unsafe building law. The city hereby adopts the Unsafe Building Law pursuant to and cited as IC 36-7-9-1 through IC 36-7-9-29, as may be amended, pursuant to the authority granted there under. Any citation in this chapter to a section of the Unsafe Building Law shall be deemed to apply to any subsequent amendment to or replacement of said section.
(5) 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 m 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;
(l) 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)
(B) 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 30 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 be in accordance with applicable state and local codes and ordinances.
(3) Minimum width. Minimum width between vertical balusters or ornamental patterns shall be in accordance with applicable state and local codes and ordinances. (‘74 Code, § 14.7-1) (International Building Code, hereinafter IBC, 2006 § 1012-1013) (IPMC 2006 § 306)
(C) Exterior property areas.
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. Examples of unclean, unsafe and unsanitary conditions may include, but not be limited to, the following:
(a) Any wastewater, filth, noxious substance, garbage, rubbish, animal waste, or human excrement, which is deposited, allowed or caused to be upon any public or private property.
(b) Any dead animal or animal parts.
(2) 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.
(3) 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.
(4) Exhaust vents. Pipes, ducts, conductors, fans and blowers that discharge gases, steam, vapor, hot air, grease, smoke, odors, dust or other gaseous or particulate wastes shall be properly maintained at all times, and shall be installed in accordance with all applicable state and local codes and ordinances.
(5) Accessory structures. All accessory structures, including but not limited to, detached garages, detached carports, storage containers, sheds, fences, walls, pools and all similar structures or buildings, shall be maintained, structurally sound, and/or in good repair in accordance with all applicable state and local codes and ordinances.
(6) 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 shall be parked on an approved surface.
(7) 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:
(a) Building materials stored on any premises, except the following: building materials and equipment placed or stored on premises during the process of actively building on said premises, or for a period of no longer than 30 days prior to a commencement of building, and no longer than ten days after the completion of building on said premises.
(b) Any furniture, appliances or household items not originally designed or manufactured solely for outdoor use, including tools, auto parts, and other similar items.
(c) Any equipment, furniture, bicycles or children's toys which were originally designed or manufactured for outdoor use and which are now dilapidated, deteriorated or dismantled.
(8) 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 constitute 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, § 32-2) (IPMC 2006 § 302)
(D) Exterior structure.
(1) General.
(a) Every building and all parts thereof intended for use as a residential dwelling and premises shall, while in use or at any time when the lack of maintenance affects neighboring property, be kept in good repair and in safe condition.
(b) Any place, part or attachment of the structure not securely fixed as to be in danger of falling or being dislodged by the elements so that it may possibly injure any person or property shall be secured, removed or replaced.
(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.
(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 down spouts. 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 and awnings 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, driveways and ramps. All exterior stairways, steps, decks, porches, balconies, walkways, driveways, 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, flues 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 doors. 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 in good condition, structurally sound and be maintained so as to be weather tight, watertight and rodent-proof. All exterior doors shall also be a suitable means of ingress and egress pursuant to state and local fire codes.
(15) Building security. Doors, windows or hatchways for a structure shall be provided with devices designed to provide security for the occupants and property within. All such devices shall be installed according to the manufacturer's specifications and maintained in good working order.
(a) Exterior door hardware. Doors providing access to a structure other than marked exit doors equipped with a deadbolt lock shall be designed to open from the side which egress is to be made without the need for keys, special knowledge or effort.
(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.
(16) 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.
(17) 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 their 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. (‘74 Code, §§ 25-68, 25-69) (Code §§ 99.113 - 99.114)
(18) Insect screening. All openings requiring screening for ventilation of habitable rooms shall be supplied with tightly fitting screens maintained in good repair, properly fitted to the opening in accordance with applicable state and local codes and ordinances. The owner of a dwelling unit shall be responsible for providing and hanging all screens whenever the same are required under the provisions of this chapter. (‘74 Code, § 14.7-1, 12) (IPMC 2006 §§ 303 - 304) (IBC 2006 § 1008)
(E) Trash and debris, exterior. 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 in refuse containers.
(2) Approved refuse containers. The owner of every occupied premise shall be responsible to supply covered refuse containers for trash sufficient to meet the needs of the occupants.
(3) Trash and debris, interior. Interior of structure (s) shall be free from any accumulation of trash and debris. (‘74 Code, § 14.7-11) (IPMC 2006 § 307)
(F) 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 an extermination that will not be injurious to human health. After extermination, 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 upon the premises. (IPMC 2006 § 308)
(Ord. G-31-85, passed 12-23-85; Am. Ord. G-37-86, passed 11-25-86; Am. Ord. G-04-88, passed 5-24-88; Am. Ord. G-06-92, passed 2-20-92; Am. Ord. G-02-94, passed 2-22-94; Am. Ord. G-25-99, passed 12-14-99; Am. Ord. G-26-00, passed 10-10-00; Am. Ord. G-ll-02, passed 4-23-02; Am. Ord. G-03-09, passed 2-24-09; Am. Ord. G-9-17, passed 4-25-17)