§ 92.133 ORDERING REPAIR OR REMOVAL OF UNSAFE BUILDINGS.

   The Building Inspector, as chief administrative officer of the Department of Planning and Development, or his or her designated representative, shall be authorized to administer and proceed under the provisions of the law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified hereinafter.

(Prior Code, § 7-84)  (Ord. 88-1, passed 3-14-1988)

§ 92.134 AUTHORITY.

   Wherever in the building regulations of the city or the City Unsafe Building Law it is provided that anything must be done to the approval of, or subject to, the direction of the Building Inspector, or any other officer of the Building Inspector’s office, this shall be construed to give the officer only the discretion of determining whether the rules and standards established by ordinance have been complied with; and no provisions shall be construed as giving any officer discretionary powers as to what regulations or standing shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary, capricious or discretionary manner.

(Prior Code, § 7-85)  (Ord. 88-1, passed 3-14-1988)

§ 92.135 DEFINITION OF UNSAFE BUILDING.

   The description of an unsafe building contained in the I.C. 36-7-9-4, is hereby supplemented to provide minimal standards for building condition or maintenance in the city by adding the following definition.

   UNSAFE BUILDING.  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 the conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered:

      (1)   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;

      (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 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 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 an 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;

      (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 of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability or is not 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 those buildings;

      (7)   Whenever any portion thereof was wracked, warped, buckled or settled to 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, movement or instability of any portion of the ground necessary for the purpose of supporting the building;

         (d)   The deterioration, decay or inadequacy of its foundation; or

         (e)   Any other cause, is likely to partially or completely collapse.

      (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 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 construed, exists or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by the building regulations of this city, or of any law or ordinance of this state 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 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;

      (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 arrangements, inadequate light, air or sanitation facilities, or otherwise, is determined by the County Health Department or its designated representative to be unsanitary, unfit for human habitation, or in 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 electric wiring, gas connections or heating apparatus, or other cause, is determined by the Fire Chief of the city or his or her designated representative to be a fire hazard; or

      (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 the building or portion thereof an attractive nuisance or hazard to the public.

(Prior Code, § 7-86)  (Ord. 88-1, passed 3-14-1988)

§ 92.136 DEFINITION OF SUBSTANTIAL PROPERTY INTEREST.

   The definition of SUBSTANTIAL PROPERTY INTEREST set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.

(Prior Code, § 7-87)  (Ord. 88-1, passed 3-14-1988)

§ 92.137 WORKMANSHIP; RULES AND STANDARDS ADOPTED.

   All work for the reconstruction, alteration, repair or demolition of buildings and other structures shall be performed in good workmanlike manner according to the accepted standards and practices in the trade. The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this subchapter or orders issued pursuant to this subchapter by the Building Inspector of the city.

(Prior Code, § 7-88)  (Ord. 88-1, passed 3-14-1988)

§ 92.138 UNSAFE BUILDING FUND ESTABLISHED.

   An Unsafe Building Fund is hereby established in the operating budget of the city in accordance with the provisions of I.C. 36-7-9-14.

(Prior Code, § 7-89)  (Ord. 88-1, passed 3-14-1988)

§ 92.139 COMPLIANCE REQUIRED; VIOLATIONS.

   No person, firm or corporation, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this subchapter or any order issued by the Building Inspector.

(Prior Code, § 7-90)  (Ord. 88-1, passed 3-14-1988)  Penalty, see § 92.999

§ 92.140 HEARING AUTHORITY.

   For the purpose of I.C. 36-7-9-1 et seq., the hearing authority, as required by this subchapter and the state statutes governing the same, shall be that person or persons as designated by the city executive.

(Prior Code, § 7-91)  (Ord. 88-1, passed 3-14-1988)

§ 92.141 INJUNCTIVE RELIEF AND THE LIKE; RECOVERY OF JUDGEMENT BY CITY.

   In the event that the city is required to file ordinance violation charges or is required to seek injunctive or other relief before any court, as herein specified, then, and in that event, upon any determination in favor of the city, the city shall be further entitled to recover and have judgment against any person, firm or corporation, or other entity violating this subchapter for the city’s reasonable attorney’s fees incurred in prosecuting any of the actions set forth herein.

(Prior Code, § 7-92)  (Ord. 88-1, passed 3-14-1988)