For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The executive department, that is, the Town Council, so authorized by this chapter to administer I.C. 36-7-9-1 et seq. series as adopted in this chapter.
ENFORCEMENT AUTHORITY. The chief administrative officer of the Department, that is, the President of the Town Council and/or the person or persons so appointed by the President of the Town Council.
HEARING AUTHORITY. The Town Council of the Town of Greenville, 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 BUILDINGS.
(1) A building or structure, or any part of a building or structure, that is any of the following:
(a) 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 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 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 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;
(d) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure person, 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 of 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;
(f) Whenever any portion thereof has wracked, 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;
(g) Whenever the building or structure, or any portion thereof, 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 building;
4. The deterioration, decay or inadequacy of its foundation; or
5. Any other cause, is likely to partially or completely collapse.
(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 such an 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, of 50% damage or deterioration of its non-supporting 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:
1. An attractive nuisance to children; or
2. 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 such 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 non-supporting part, member or 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.
(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 such 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 such 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 is considered an UNSAFE PREMISES.
(Ord. 2003-T-025, passed 3-10-2003)