For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(A) SUBSTANTIAL PROPERTY INTEREST. As set forth in I.C. 36-7-9-2 is also specifically incorporated in this subchapter by reference.
(B) UNSAFE BUILDING. Set forth in I.C. 36-7-9-4 is supplemented to provide minimum standards for building condition or maintenance in the town, by adding the following definition: 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) 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 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 stresses allowed for new buildings of similar structure, purpose, or location;
(3) 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 the catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location;
(4) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure person or damage property;
(5) 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 for new buildings of similar structure, purpose, or location, without exceeding the working stresses permitted for such building;
(6) Whenever any portion thereof has wracked, 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 or new construction;
(7) Whenever any building or structure, or any portion thereof, because of the following is likely to partially or completely collapse:
(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 such building;
(d) The deterioration, decay, or inadequacy of its foundation; or
(e) Any other cause.
(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) Whenever 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) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting members, or 50% or more damage or deterioration of its nonsupporting members, enclosing or outside walls or coverings;
(11) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated as to become:
(a) An attractive nuisance to children; or
(b) A harbor for vagrants or criminals.
(12) 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 in the building regulations of this town or of any law or ordinance of this state 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 in any nonsupporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the following, required by law in the case of a newly constructed building of like area, height, and occupancy in the same location:
(a) Strength;
(b) Fire-resisting qualities or characteristics; or
(c) Weather-resisting qualities or characteristics.
(14) 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 enforcement authority to be unsanitary, unfit for human habitation, or determined to be in such a condition that it is likely to cause sickness or disease;
(15) 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 enforcement authority to be a fire hazard;
(16) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or jurisprudence; and/or
(17) 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.
(Prior Code, § 10-54) (Ord. passed 7-6-1981)