For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT AUTHORITY. The representative of the Town of Kouts appointed by the Town Council as the Building Inspector or Commissioner.
HEARING AUTHORITY. As defined in I.C. 36-7-9-2 is hereby stipulated to mean a board composed of the following persons: the Fire Chief, the Police Chief, the Building Inspector, the President of the Plan Commission, and the Chairman of the Town Council, or another Councilmember who may be designated by him/her. The Town Councilmember shall act as the Presiding Officer of the Hearing Authority.
PERSON. Any entity capable of holding an interest in real estate, including (by way of example, but not of limitation) individuals and corporations.
PLAN COMMISSION. The Town of Kouts Plan Commission.
SUBSTANTIAL PROPERTY INTEREST. The same as that term is defined in I.C. 36-7-9-2 et seq., as amended from time to time.
UNSAFE BUILDINGS DEPARTMENT. The Town of Kouts Plan Commission and other duly appointed town representatives, if any.
UNSAFE DANGEROUS BUILDING. For the purpose of this chapter, any building or structure which has any or all of the conditions or defects hereinafter described shall be deemed to be an unsafe dangerous building, provided that such conditions or defects to the extent that the life, property or safety of the public or its occupants are endangered:
(1) Whenever any door, aisle, passageway, stairway or other means of exit is not of sufficient width or size or is to be arranged as to provide safe and adequate means of exit in case of fire or panic;
(2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means to 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 in the Building Code for any new buildings of similar structure, purpose or location;
(4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any 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 of the Building Code for new buildings of similar structure, purpose or location;
(5) Whenever any portion or member or appurtenance thereof is likely to fail, become detached or dislodged or to collapse and thereby injure persons or damage property;
(6) 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 in the Building Code for new buildings of similar structure, purpose or location without exceeding the working stresses permitted in the Building Code for such buildings;
(7) Whenever any portion thereof has wrecked, 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, because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal 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 which is likely to partially or completely collapse;
(9) Whenever 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 lists, lean or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside of 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 ormembers, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings;
(12) Whenever the building or structure has been so damaged by fire, wind or earthquake or flood, or has become so dilapidated as to become:
(a) An attractive nuisance to children;
(b) A harbor for vagrants, criminals or immoral persons; or as to
(c) Enable persons to resort thereto for the purpose of committing unlawful or immoral 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 as specified in the Building Code or of any law or chapter of this 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 applicable laws and ordinances, has in any non- supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 60% of the:
(a) Strength;
(b) Fire-resisting qualities or characteristics required by law in the case of newly constructed buildings 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 sanitary facilities or otherwise is determined by the Health Officer of Porter County 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, faulty electrical wiring, gas connections or heating apparatus or other causes is determined by the State Fire Marshal or Kouts Volunteer Fire Department Chief to be a fire hazard;
(17) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity jurisprudence;
(18) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the 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;
(19) Whenever any building or structure is dangerous to a person or property because of a violation of a statute, rule or ordinance concerning building condition or maintenance;
(20) Whenever any building or structure is vacant and not maintained in a manner that would allow human habitation, occupancy or use.
(`77 Code, § 66.05) (Am. Ord. 1997-4, passed 3-17-97; Am. Ord. 2013-4, passed 4-15-13)
Statutory reference:
For provisions concerning administrative structure and unsafe buildings, see I.C. 36-7-9-2