(A) The definition of “unsafe buildings and unsafe premises” contained in I.C. 36-7-9-4 is supplemented as follows in division (B) below, to provide minimum standards for building conditions and/or maintenance within the jurisdiction of the town.
(B) Any building, structure, and/or premises that has any or all of the unsafe conditions or defects described hereinafter shall be deemed an unsafe building and/or unsafe premises, provided that such condition(s) or defect(s) 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 arranged as required so as to be in compliance with the applicable State Building Code then in force;
(2) 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 buildings of similar structure, purpose, or location as established by the applicable State Building Code then in force;
(3) Whenever any portion of a building, structure, and/or premises has been damaged by fire, earthquake, wind, flood, or any other cause to such extent that the structural strength or stability thereof is materially less than it was prior to catastrophe and less than the minimum requirements for new building codes of similar structure, purpose, or location, as established by the applicable State Building Code then in force;
(4) Whenever any portion, member, or appurtenance of any building or structure is likely to fail to become detached or dislodged or to collapse and thereby injure persons or damage property;
(5) Whenever any portion of a building or structure or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not anchored, attached, or fashioned in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings or 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;
(6) Whenever any portion of a building or structure has wracked, warped, buckled, or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquakes than is required in the case of similar new construction;
(7) Whenever any building or structure, or any portion thereof, is likely to partially or completely collapse 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 such building; the deterioration, decay, or inadequacy of its foundation; any other cause;
(8) Whenever, for any reason, any building, structure, or premises, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) Whenever the exterior walls or vertical structural members of any building or structure lift, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall beside the middle one-third of the base;
(10) Whenever any 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 supporting members enclosing outside walls or coverings;
(11) Whenever any building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated as to become an attractive nuisance to children or freely accessible to persons without a substantial property interest;
(12) Whenever any building or structure has been constructed, exists, or is maintained in violation of any specific requirement or prohibition applicable to any building or structure provided by building regulations of the town or any law or ordinances of the state or county relating to the condition, location, or structure of buildings;
(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances, has any non-supporting 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, weather-resisting qualities or characteristics required by law in the case of a newly constructed building of the like, area, height, and occupancy in the same location;
(14) Whenever any building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, default, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise is determined by the enforcement authority to be unsanitary, unfit for human habitation, or in such a condition that it is likely to cause sickness or disease;
(15) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure; or
(16) Whenever any building or structure is abandoned for a period in excess of six months and is deemed to constitute an attractive nuisance or a hazard to the public.
(Ord. 2012-001, passed 6-4-2012)