(A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SUBSTANTIAL PROPERTY INTEREST. The definition set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if set forth in full.
(B) 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 city by adding the following definition:
UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described, provided that the conditions or defects exist to the extent that life, health, property or safety of the public or its occupants are endangered:
(1) Any door, aisle, passageway or other means of exit is not sufficient width or size or is not arranged to provide safe and adequate means of exit in case of fire or panic.
(2) The walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe so as to not provide safe and adequate means of exit in case of fire or panic.
(3) 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) The building 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.
(5) Any portion, member or appurtenance of the building is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.
(6) Any portion of the 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 the buildings.
(7) Any portion of the building 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.
(8) 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 the building, or the deterioration, decay or inadequacy of its foundation, or any other cause, is likely to partially or completely collapse.
(9) The building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used.
(10) 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.
(11) 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) The 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 for the purpose of committing unlawful acts.
(13) The building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to the building or structure provided by the building regulations of the county, or of any law or ordinance of the state or county relating to the condition, location or structure of buildings.
(14) The structure, 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 strength, fire-resisting 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) The building or structure, used or intended to be used for dwelling purposes, because of inadequate light, air or sanitation facilities or otherwise, is determined by the County Sanitation Officer to be unsanitary, unfit for human habitation, or in a condition that is likely to cause sickness or disease.
(16) The building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive constriction, faulty electric wiring, gas connections or heating apparatus or other cause, is determined by the City Fire Marshal to be a fire hazard.
(17) Any portion of a building or structure that remains on a site after demolition or destruction, or any building or structure that is abandoned for a period in excess of six months, so as to constitute an attractive nuisance or hazard to the public.
(Ord. 649, passed 9-30-1988)