(A) The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemental to provide minimum standards for building condition or maintenance in the town, by adding the definition provided for in division (B) below:
(B) 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 such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered:
(1) 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) 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;
(3) 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 such catastrophe, and is less than the minimum requirements for new buildings of similar structure, purpose or location;
(4) 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;
(5) 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 such buildings;
(6) 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;
(7) The building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting the building, the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse;
(8) For any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) 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;
(10) 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 non-supporting members, enclosing or outside walls or coverings;
(11) 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, including but not limited to trespass;
(12) 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 town or of any law or ordinance of this state or town relating to the condition, location or structure of buildings;
(13) 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 50%, or in any support 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;
(14) 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 health officials to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(15) Any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction; faulty electric wiring, gas connection, or heating apparatus; or other cause, is determined by the fire official to be a fire hazard; and
(16) Any portion of a building or structure remains on a site after the demolition or destruction of the building or structure, or 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. 070913, passed 7-9-2013)