(A) General.
(1) Title. These regulations shall be known as the “Property Maintenance Code of The Town of Monon, Indiana”, hereinafter referred to as “this code”.
(2) Scope. The provisions of this code shall apply to all existing residential and non-residential structures and all existing premises and constitute minimum requirements and standards for premises, structures, equipment and facilities for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other hazards and for safe and sanitary maintenance; the responsibility of owners, operators and occupants; the occupancy of existing structures and premises; and for administration, enforcement and penalties.
(3) Intent. This code shall be construed to secure its expressed intent, which is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises. Existing structures and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Repairs, alterations, additions to and change of occupancy in existing buildings shall comply with the International Existing Building Code.
(4) Severability. If a section, division, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional, the decision shall not affect the validity of the remaining portions of this code.
(1998 Code, § 101)
(B) Applicability.
(1) General. The provisions of this code shall apply to all matters affecting or relating to structures and premises, as set forth in division (A) above. Where, in a specific case, different sections of this code specify different requirements, the most restrictive shall govern.
(2) Maintenance. Equipment, systems, devices and safeguards required by this code or a previous regulation or code under which the structure or premises was constructed, altered or repaired shall be maintained in good working order. No owner, operator or occupant shall cause any service, facility, equipment or utility which is required under this section to be removed from or shut off from or discontinued for any occupied dwelling, except for a temporary interruption as necessary while repairs or alterations are in progress. The requirements of this code are not intended to provide the basis for removal or abrogation of fire protection and safety systems and devices in existing structures. Except as otherwise specified herein, the owner or the owner’s designated agent shall be responsible for the maintenance of buildings, structures and premises.
(3) Existing remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of the jurisdiction or its officers or agencies relating to the removal or demolition of any structure which is dangerous, unsafe and insanitary.
(4) Workmanship. Repairs, maintenance work, alterations or installations which are caused directly or indirectly by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in accordance with the manufacturer’s installation instructions.
(5) Historic buildings. The provisions of this code shall not be mandatory for existing buildings or structures designated as historic buildings when the buildings or structures are judged by the code official to be safe and in the public interest of health, safety and welfare.
(6) Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in § 151.08 and considered part of the requirements of this code to the prescribed extent of each reference. Where differences occur between provisions of this code and the referenced standards, the provisions of this code shall apply.
(7) Requirements not covered by code. Requirements necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the public safety, health and general welfare not specifically covered by this code shall be determined by the code official.
(1998 Code, § 102)
(C) Unsafe structures and equipment. When a structure or equipment is found by the code official to be unsafe, or when a structure is found unfit for human occupancy, or is found unlawful, the structure shall be condemned pursuant to the provisions of this code.
(1) Unsafe structures. An unsafe structure is one that is found to be dangerous to the life, health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because the structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of the faulty construction or unstable foundation, that partial or complete collapse is possible.
(2) Unsafe equipment. Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that the equipment is a hazard to life, health, property or safety of the public or occupants of the premises or structure.
(3) Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that the structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public.
(4) Unlawful structure. An “unlawful structure” is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law.
(1998 Code, § 103)