(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)