§ 150.15 STANDARDS.

   All work on the construction, alteration, and repair of buildings and other structures shall be performed in a good workmanlike manner using accepted standards and practices in the trade.

(Prior Code, § XII.1)

§ 150.16 VIOLATIONS.

   (A)   It shall be unlawful for any person, firm, or corporation, whether as owner, lessee, sub-lessee, or occupant, to erect, construct, enlarge, alter, repair, improve, remove, convert, demolish, equip, use, occupy, or maintain any building or structure, covered by this subchapter, in the county, or cause or permit the same to be done, contrary to, or in violation of, the provisions of this subchapter.

   (B)   It shall be unlawful for any person, firm, utility, or corporation to supply or provide electricity, or to cause or permit the same to be done, to any building, mobile home, or any other structure unless and until there has been performed an inspection by the County Building Commissioner, or his or her authorized agent, and proper indication has been made by such Building Commissioner in the form of a tag that electrical service may be provided thereto.

   (C)   In the event of an emergency, the Building Commissioner is authorized to verbally approve establishment of service if the delay would cause such harm or damage to persons as to jeopardize life or health.

(Prior Code, § XII.1) Penalty, see § 150.99

§ 150.17 RIGHT OF APPEAL.

   All persons shall have the right to appeal the Building Commissioner’s decision first through the County Board of Commissioners and then to the State Fire Prevention and Building Safety Commission in accordance with the provisions of I.C. 22-13-2-7 and I.C. 4-21.5-3-7 as applicable.

(Prior Code, § XII.1)

§ 150.18 REMEDIES.

   The Building Commissioner shall, in the name of the County Commissioners, bring actions in the County Circuit Court for mandatory and injunctive relief in the enforcement of, and to secure compliance with, any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this subchapter.

(Prior Code, § XII.1)

§ 150.19 FENCING.

   (A)   Construction and maintenance.

      (1)   Fence construction shall be of good workmanship, with material reasonably suited for its intended purpose.

      (2)   Fences shall be maintained on both sides in a condition of good repair, and shall not be in, or remain in, the condition of disrepair, including, but not limited to, leaning or sagging.

      (3)   A fence that is in disrepair is a public nuisance and may result in a fine or removal. Barbed wire, sharp-pointed wire, sheet metal, pallet material, and electrical fences are not allowed.

      (4)   The following materials are approved for fence construction:

         (a)   Wrought iron;

         (b)   Aluminum (wrought iron design);

         (c)   Wood;

         (d)   Vinyl/PVC and composite fencing (e.g., Trex and the like); and

         (e)   Chain-link with approved posts and caps, provided they are of a woven-type material at least 12 gauge.

      (5)   The following materials are not approved for fence construction:

         (a)   Farm fence of any kind, which includes, but is not limited to, woven or welded wire, chicken wire, plastic deer fence, snow fence, steel bar fence, and similar-type fencing, except as allowed for gardens;

         (b)   T-post, pipes, and metal stakes;

         (c)   Barbed wire (except for security fences around power substations);

         (d)   Pallet material; and

         (e)   Temporary barriers not permanently affixed to the ground.

   (B)   Height. Fences shall meet the following height requirements:

      (1)   No fencing in front yards shall exceed four feet above ground level; and

      (2)   No fencing in side and rear yards shall exceed six feet in height.

(Ord. passed 11-5-2021) Penalty, see § 150.99

UNSAFE BUILDINGS

§ 150.30 DEFINITIONS.

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

   ENFORCEMENT AUTHORITY. As defined by I.C. 36-7-9-2, means the Town Marshal who is hereby invested with all powers, duties, and privileges set forth in I.C. 36-7-9-1 through 36-7-9-29.

   HEARING AUTHORITY. As defined by I.C. 36-7-9-2, means the Town Council.

   SUSTAINABLE PROPERTY INTEREST. As set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.

(Prior Code, § XII.2)

§ 150.31 ADOPTION; ADMINISTRATION.

   (A)   Under the provisions of I.C. 36-7-9-4, the Town Unsafe Building Ordinance is hereby adopted.

   (B)   I.C. 36-7-9-1 through 36-7-9-29 is incorporated by reference as the Town Unsafe Building Ordinance. All proceedings within the town for inspection, repair, and removal of unsafe buildings shall be governed by the provisions of this ordinance.

   (C)   All buildings, or portions thereof, which are determined after inspection by the Town Marshal in which the alleged unsafe building is located to be unsafe, as defined herein, are public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedure specified in this subchapter.

   (D)   The Town Marshal shall order the repair or removal of any buildings found to be unsafe as defined in this subchapter.

   (E)   (1)   Whenever the Town Building Code or the Town Unsafe Building Ordinance provide that any act must be done with the approval of the Building Commissioner, or any other town officer, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by this subchapter have been complied with.

      (2)   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 this subchapter, or to enforce the provisions of this subchapter in an arbitrary or discretionary manner.

   (F)   (1)   All work for the reconstruction, alteration, repair, or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices in the trade.

      (2)   The rules and regulations promulgated by the State Administrative Building Council shall be considered standard and acceptable practice for all matters covered by this subchapter or issued pursuant to this subchapter by the Town Marshal.

   (G)   The Town Marshal is hereby designated the enforcement authority in accordance with the provisions of I.C. 36-7-9-2 and for the purpose of conducting hearings in accordance with I.C. 36-7-9-7.

   (H)   No person, whether owner, lessee, sublessee, 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 in violation of any of the provisions of this section or any order issued by the Town Marshal.

   (I)   The Town Council is hereby designated as the hearing authority in accordance with the provisions of I.C. 36-7-9-2. The hearing authority shall perform those functions specific by the Act.

   (J)   SUBSTANTIAL PROPERTY shall be defined as it is in I.C. 36-7-9-2 and is hereby specifically incorporated by reference into this subchapter as if fully set forth herein.

(Prior Code, § XII.2)

§ 150.32 UNSAFE BUILDINGS.

   Any building or structure which has any, or all, of the conditions or defects in the divisions below shall be deemed to be an unsafe building; provided that such conditions or defects endanger the life, health, property, or safety of the public or its occupants:

   (A)   Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by 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;

   (B)   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;

   (C)   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;

   (D)   Whenever the building or structure, or any portion thereof, is likely to partially or completely collapse 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 or decay, or inadequacy of its foundation; or

      (5)   By any other cause.

   (E)   Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;

   (F)   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:

      (1)   An attractive nuisance to children; or

      (2)   Freely accessible to persons for the purpose of committing unlawful acts.

   (G)   Whenever a building or structure used, or intended to be used, for dwelling purposes, because of maintenance, dilapidation, decay, damage, faulty construction, or arrangements inadequate light, air, or sanitation facilities, or otherwise, is determined by the Building Commissioner, Board of Health, township, or local Fire Chief, or Administrative Building Council State Inspector, to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease;

   (H)   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 Town Marshal or Administrative Building Council State Inspector to be a fire hazard; and

   (I)   Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure. Further, whenever any building or structure has been abandoned and deteriorated to the point of becoming an attractive nuisance or hazard to the public.

(Prior Code, § XII.2)