For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The Department of Planning and Zoning and/or the Area Plan Commission.
ENFORCEMENT AUTHORITY. The Building Commissioner and/or the Director of the Department of Planning and Zoning.
HEARING AUTHORITY. The Board of Zoning Appeals as the body designated to conduct hearings in accordance with I.C. 36-7-9-7 and § 150.52 of this chapter.
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 equity interest of a contract purchaser.
UNSAFE BUILDING. The definition of an UNSAFE BUILDING contained in I.C. 36-7-9-4, is hereby supplemented to provide minimum standards for building condition or maintenance in the city, by adding the following to said definition:
(1) Whenever any door, aisle, passageway or other means of exit is not of sufficient width or size or is not arranged as required so as to be in compliance with the applicable building code then in force;
(2) 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;
(3) 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 or similar structure, purpose or location as established by the applicable state building code then in force;
(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such 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 as established by the applicable state building code then in force;
(5) 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;
(6) Whenever any portion or a building, or any member, appurtenance or ornamentation of the exterior thereof is not 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 as established by the applicable state building code then in force;
(7) 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 required in the case of similar new construction;
(8) Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause.
(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(10) 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;
(11) 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;
(12) 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:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(13) 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 this county or of any law or ordinance of the state or county relating to the condition, location or structure of buildings;
(14) Whenever any building or structure which, 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:
(a) Strength;
(b) Fire-resisting qualities or characteristics; or
(c) 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;
(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities or otherwise, is determined by the Building Commissioner to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(16) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction and is determined by the Building Commissioner, the County Health Officer and the Chief of the Local Fire Department to be a public nuisance, a building can be condemned and occupancy denied; and
(17) 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.
(Ord. 3-93, passed 6-21-1993)