For purposes of the WUBL, any building or structure, or part of a building or structure, that is: (1) in an impaired structural condition that makes it unsafe to a person or property; (2) a fire hazard; (3) a hazard to the public health; (4) a public nuisance; (5) dangerous to a person or property because of a violation of a statute or ordinance concerning building conditions or maintenance; or (6) vacant and not maintained in a manner that would allow human habitation, occupancy or use under the requirements of a statute or an ordinance is an unsafe building. Any building or structure which has any or all of the following conditions or defects shall be deemed an unsafe building:
(A) Whenever any door, aisle, passageway, stairway 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, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.
(C) Whenever the stress on any materials, member or portion thereof, due to all dead and live loads, is more than 1 Vi times the working stress or stresses allowed in the Building Code for new buildings or similar structure, purpose or location.
(D) Whenever any portion thereof has been damaged by fixe, 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 less than the minimum requirements of the Building Code for new buildings of similar structure, purpose or location.
(E) Whenever any portion, member or appurtenance thereof is likely to fail, or to become detached or dislodged, or 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 in the Building Code for new buildings of similar structure, purpose or location without exceeding the workings tresses permitted in the Building Code for such buildings.
(G) Whenever any portion thereof has racked, 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 purposes 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 or outside wall coverings.
(L) 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; (2) a harbor for criminals or vagrants; or (3) as to enable persons to resort thereto for the purpose of cornrnitting infractions, felonies or misdemeanors under the laws of the State of Indiana or the United States.
(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 this town, as specified in the Building Code, or of any law or ordinance of this state or town relating to the condition, location or structure of the 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 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.
(O) Whenever any 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 officer to be unsanitary, unfit for human habitation, or in such a condition that it is likely to cause or contribute to sickness or disease.
(P) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage inadequate exits, lack of sufficient fire-resistive construction, faulty electrical wiring, gas connections or heating apparatus or other cause, is determined by the Fire Marshal to be a fire hazard.
(Q) Whenever any building or structure is in such a condition as to constitute a public nuisance known to the common law or in equity.
(R) Whenever any portion of the 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 otherwise a hazard to the public.
(S) Inadequate or insufficient bath, toilet or kitchen facilities.
(T) Inadequate or insufficient water supply or water supply systems.
(U) Inadequate or insufficient or other deficient air cooling, air heating or water heating equipment.
(V) Any condition or conditions in violation of other applicable ordinances of the town, and/or the building standards or codes of the county or the state.
(Ord. 02-04, passed 6-11-02)