For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT AUTHORITY. The Building Commissioner or any agents thereof.
HEARING AUTHORITY. The Town Council of the Town of Georgetown, Indiana.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this chapter; including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
UNSAFE BUILDING.
(1) A building or structure, or any part of a building or structure, that is any of the following:
(a) In an impaired structural condition that makes it unsafe to a person or property;
(b) A fire hazard;
(c) A hazard to the public health;
(d) A public nuisance;
(e) Dangerous to a person or property because of a violation of a statute or ordinance concerning building conditions or maintenance; and/or
(f) Vacant and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance.
(2) Additionally, any building or structure which has any or all the conditions or defects hereinafter described shall be deemed to be an UNSAFE BUILDING, provided that the 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 one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose, or location;
(c) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by other cause to the extent that the structural strength or stability thereof is materially less than it was before the catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location;
(d) Whenever any portion, member, or appurtenance thereof is likely to fail, to 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 one-half of that specified for new buildings of similar structure, purpose, or location, without exceeding the working stresses permitted for the buildings;
(f) Whenever any portion thereof has cracked, 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;
(g) Whenever the building or structure, or any portion thereof, because of the following is likely to partially or completely collapse:
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 the building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause.
(h) Whenever for any reason the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(i) Whenever 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;
(j) 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;
(k) 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 an attractive nuisance to children, or freely accessible to persons for the purpose of committing unlawful acts;
(l) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirements or prohibition applicable to the building or structure provided by the building regulations of the town, or of any law or ordinance of this state or municipality relating to the condition, location, or structure of buildings;
(m) Whenever any building or structure which, whether or not erected in accordance with all applicable laws or ordinances, has in any nonsupporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the strength, fire-resisting qualities or characteristics, or 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;
(n) 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 County Health Department or its officers to be unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease;
(o) 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 concerned Fire Department to be a fire hazard; or
(p) 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 the building or portion thereof an attractive nuisance or hazard to the public.
UNSAFE PREMISES. The tract of real property on which an unsafe building is located.
(2005 Code, § 152.03) (Ord. G-04-24, passed 8-19-2004)