For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT AUTHORITY. The County Building Commissioner, as Chief Administrative Officer of the Building Department, shall be the ENFORCEMENT AUTHORITY, as defined under I.C. 36-7-9-2, and is hereby authorized to administer, and to proceed under, the provisions of said law in ordering the repair or removal of any buildings found to be unsafe, as specified therein, or as specified hereafter.
HEARING AUTHORITY. The Board of Commissioners shall designate, by separate resolution, the HEARING AUTHORITY, as defined in I.C. 36-7-9-2, which shall hear evidence and enter findings pursuant to I.C. 36-7-9-7 regarding orders of the Enforcement Authority. In absence of separate resolution, the Board of Commissioners shall be deemed to be the HEARING AUTHORITY.
UNSAFE BUILDING.
(1) 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 county.
(2) 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:
(a) 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;
(b) Whenever the walking surface of any aisle, passageway, stairway, or other means of exit is so warped, worn, loose, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic;
(c) Whenever the stress in 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;
(d) 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;
(e) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property;
(f) 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 buildings;
(g) 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 new construction;
(h) Whenever the building or structure or any portion thereof, because of:
1. Dilapidation, deterioration, or decay;
2. Faulty construction;
3. The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause is likely to partially or completely collapse.
(i) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(j) 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;
(k) 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 outside walls or coverings;
(l) Whenever the building or structure has been so damaged fire, wind, earthquake, or flood, or has become so dilapidated or deteriorated so as to become:
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unlawful acts.
(m) 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 county, or if any law or ordinance of the state or county relating to the condition, location, or structure of buildings;
(n) 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 50%, or in any supporting part, member, or portion less than 66% of the:
1. Strength;
2. Fire-resisting qualities or characteristics; or
3. 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.
(o) 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 Health Official to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease;
(p) Whenever any building or structure because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, or lack of sufficient fire-resistive construction, is determined by the Fire Official to be a fire hazard; and/or
(q) 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.
SUBSTANTIAL PROPERTY INTEREST. As set forth in I.C. 36-7-9-2, and is hereby incorporated by reference herein as if copied in full.
(Ord. 2013-02, passed 3-5-2013) Penalty, see § 151.999