UNSAFE BUILDINGS

§ 150.20 DEFINITIONS.

   For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

   TOWN. The Town of Pierceton, Indiana.

   TOWN MARSHAL. The Town Marshal or any of his or her deputies.

(Prior Code, § 6-3-1)

§ 150.21 UNLAWFUL CONDITIONS.

   Any condition or conditions of any building, structure or part thereof in the town, which for any reason is an unreasonable, clear and present danger to the health or physical being of persons, or is an unreasonable danger to property other than the structure itself, are hereby declared to be unlawful conditions or an unlawful condition.

(Prior Code, § 6-3-2) Penalty, see § 150.99

§ 150.22 CRITERIA.

   In determining whether a condition or conditions of a structure are unlawful condition or conditions within the meaning of this subchapter, all relevant factors are to be considered, including but not limited to the following:

   (A)   Any condition of a building which violates any state building, plumbing, electrical or fire protection statute of the state and the respective regulations thereunder;

   (B)   Any condition or conditions of a building which violate any state health statute and regulations thereunder;

   (C)   Any condition or conditions which individually or in combination with other conditions of any building or structure which cause any part of the building or structure to be architecturally or engineeringly inadequate to withstand the normal weight loads of the use of the building or structure or otherwise rendering any part of the structure subject to collapse;

   (D)   Any condition or conditions of any part of any building or structure which render it unreasonably susceptible to fire, whether through spontaneous combustion or otherwise;

   (E)   Any condition or conditions of electrical systems or electrical wires;

   (F)   Any condition or conditions of plumbing or sewage facilities including but not limited to plumbing for natural gas, liquefied petroleum gas, fuel oil or other flammable substance, connections or delivery systems;

   (G)   Inadequate or insufficient bath, toilet or kitchen facilities;

   (H)   Inadequate or insufficient fire exits or escapes;

   (I)   Inadequate or insufficient water supply or water supply systems;

   (J)   Inadequate or insufficient or other deficient air cooling, air heating or water heating equipment;

   (K)   Inadequate or insufficient exterior materials of any structure including but not limited to insulation, siding, windows and roofing material to protect the interior of the structure and the people therein from weather conditions; or

   (L)   Any other condition or conditions of the building or structure which are relevant in determining whether any part of any structure or building is an unlawful condition under this subchapter.

(Prior Code, § 6-3-3) Penalty, see § 150.99

§ 150.23 CAUSE OF CONDITION.

   An unlawful condition under this subchapter remains unlawful regardless of whether the condition is a result of design, deterioration, alteration or other factors.

(Prior Code, § 6-3-4) Penalty, see § 150.99

§ 150.24 USE, EFFECT ON OTHERS.

   For the purposes of this subchapter in determining whether a condition or conditions of a building or structure is an unlawful condition, the present use of the building or structure shall be considered, and the reasonable foreseeable class of persons who may be directly affected thereby shall be considered and the property, whether real or personal, which may be affected by any unlawful condition and which is reasonably foreseeable shall be considered in determining whether any condition or conditions is or are unlawful.

(Prior Code, § 6-3-5)

§ 150.25 MANNER OF DETERMINATION.

   When the Town Marshal or such other person who is designated by the Town Council to enforce the provisions of this subchapter believes that an unlawful condition under this subchapter may exist, then he or she may confer with the Town Engineer and make inspection of the structure of premises for the purpose of determining whether any unlawful conditions exist under this subchapter. In making a determination with respect to an unsafe building condition or conditions, the Town Marshal or such other designated person may consult with any other persons reasonably necessary in making such determination, including but not limited to the State Fire Marshal, the town’s Volunteer Fire Department Chief and the County Health Officer.

(Prior Code, § 6-3-6) Penalty, see § 150.99