For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEPARTMENT. The Mayor's Office.
ENFORCEMENT AUTHORITY. The Mayor or the designee of the Mayor.
HEARING AUTHORITY. The City Council acting as the primary hearing board for disputes that arise under this subchapter.
SEALING A BUILDING OR STRUCTURE. Padlocking the entries to the building or structure and posting the building or structure with a notice that forbids entry to the building or structure and securing all other entry points to the building or structure from entry as prescribed by the enforcement authority.
SUBSTANTIAL PROPERTY INTEREST. Any right in real property that may be affected in a substantial way by actions authorized by this subchapter, including a fee interest, a life estate interest, a future interest, a present possessory interest, or an equitable interest of a contract purchaser.
UNSAFE BUILDING OR STRUCTURE.
(1) 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 its occupants are endangered:
(a) Whenever any door, aisle, passageway, or any 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, 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 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;
(d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or any other cause to such an extend 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, or 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 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 such buildings;
(g) Whenever any portion thereof has been 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 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 purposes of supporting such a building;
4. The deterioration, decay, or inadequacy of its foundation; or
5. Any other cause.
(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 walls or coverings;
(l) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated so as to become;
1. An attractive nuisance to children; or
2. Freely accessible to persons for the purpose of committing unlawful acts;
(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 city or of any law or ordinance of the state or city relating to the condition, location, or structure of 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 a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, sanitation facilities, or otherwise, is determined by the city to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease;
(p) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, or lack of sufficient fire-resistive construction is determined by the fire department to be a fire hazard;
(q) Whenever any portion of a building 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.
(2) Note that division (1) of this definition of an
UNSAFE BUILDING OR STRUCTURE is intended to supplement the definition of that term contained in I.C. 36-7-9-4 and to provide minimum standards for building and structure condition and maintenance.
UNSAFE PREMISES. An unsafe building or structure and the tract of real property on which the unsafe building or structure is located.
(Ord. 2005-8, passed 3-21-05)