(A) The description of an unsafe building contained in I.C. 36-7-9-4 is incorporated herein and is hereby supplemented to provide minimum standards for building conditions or maintenance in the town by adding the following definitions.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
SUBSTANTIAL PROPERTY INTEREST. The definition of SUBSTANTIAL PROPERTY INTEREST set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.
UNSAFE BUILDING. 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 the 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 or 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 in any materials, member or portions 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 of 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, or 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 is wrecked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than in 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 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;
(k) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deterioration so as to become:
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unauthorized or unlawful acts.
(l) 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 if the town or of any law or ordinance of this state or the county relating to the condition, location or structure of buildings;
(m) 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 or occupancy in the same locations.
(n) Whenever a building or structure used or intended to be used for dwelling purposes, because or inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate utilities, light, air or sanitation facilities or otherwise is determined by the County Health Department to be unsanitary or unfit for human habitation or in such a condition that is likely to cause sickness or disease;
(o) Whenever any building or structure, because or obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction is determined by an established Fire Department to be a fire hazard; and
(p) 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.
(Ord. 04-01, passed 12-13-2004; Ord. 21-2004, passed - -2004)