(A) Under the provisions of I.C. 36-7-9, there is hereby established the “Roanoke Unsafe Building Law”.
(B) I.C. 36-7-9-1 through 36-7-9-29 are hereby incorporated by reference. All proceedings within the jurisdiction of the town for the inspection, repair, demolition and removal of unsafe buildings shall be governed by that law and the provisions of this subchapter. In the event the provisions of this subchapter conflict with the provisions of I.C. 36-7-9, then the provisions of the state statute shall control.
(C) The “Department” authorized to administer this subchapter is the Countywide Department of Community Development and the chief administrative officer of the Department is its Executive Director. The Executive Director, or his or her designee, is the “enforcement authority”. The enforcement authority shall be authorized to administer and to proceed under the provisions of this subchapter in ordering the inspection, repair, demolition or removal of any buildings found to be unsafe as specified therein or as specified hereafter.
(D) The “hearing authority”, relative to this subchapter, is the Town Council.
(E) The definition of “known or recorded substantial property interest” set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
(F) The definition of “substantial property interest” set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
(G) The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the town, by adding the following definition. As used in this subchapter, UNSAFE BUILDING means any building or structure which has any or all of the conditions or defects hereinafter described; 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 walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
(3) 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 new buildings of similar structure, purpose or location;
(4) 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 such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose or location;
(5) Whenever any portion, member or appurtenance thereof is likely to fall, to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(6) 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, 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;
(7) Whenever 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;
(8) Whenever 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 such building; the deterioration, decay or inadequacy of its foundation; or any other cause, is likely to partially of completely collapse;
(9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(10) Whenever the exterior walls or other vertical structural member 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;
(11) Whenever 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;
(12) Whenever any 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;
(13) 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 by the building regulations of the town, or of any law or ordinance of the state relating to the condition, location or structure of buildings;
(14) Whenever 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 66% of the strength, fire-resistant 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;
(15) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, Inadequate light, air or sanitation facilities or otherwise, is determined by the county’s Health Sanitarian to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(16) Whenever any building or structure, because of dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction is determined by the Fire Chief, or appointed designee, to be a fire hazard; and
(17) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever 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.
(H) All buildings or portions thereof within the town which are determined, after inspection by the enforcement authority to be unsafe as defined in this section are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.
(I) Wherever in the building regulations of the town or county or the town’s Unsafe Building Law, it is provided that anything must be done to the approval of or subject to the direction of the enforcement authority, or authorized agent, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this section have been complied with; and no such provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner.
(J) (1) All work for the reconstruction, repair or demolition of buildings for other structures shall be performed in a good workmanlike manner according to the accepted standards and practices in the trade.
(2) The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this section or orders issued pursuant to this subchapter.
(K) An Unsafe Building Fund is hereby established in accordance with the provisions of I.C. 36-7-9-14.
(L) No person, firm or corporation, whether as owner, lessee, sub-lessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of this section or any order issued pursuant to this subchapter.
(M) Violations of this section are subject to the penalties provided for in § 151.99(C) of this chapter.
(Ord. 2014-10, passed 10-21-2014) Penalty, see § 151.99