Chapter 15.08
ADMINISTRATION AND ENFORCEMENT
Sections:
15.08.010 Plans and specifications.
15.08.020 Filing plans and specifications.
15.08.030 Permits--Application.
15.08.040 Permit fees and expiration.
15.08.050 Permits to move buildings.
15.08.060 Temporary work permits.
15.08.070 Certificate of occupancy.
15.08.080 Building and construction fee schedule.
15.08.090 Department of buildings.
15.08.100 Commissioner of buildings.
15.08.110 Repealed 11/30/1998.
15.08.120 Authority to require tests and analyses.
15.08.130 Right of entry--Stop work orders.
15.08.140 Condemnation of buildings.
15.08.150 Legal procedures--Injunctions.
15.08.160 Granting of permit--No approval for violation.
15.08.180 Unsafe building ordinance.
15.08.010 Plans and specifications.
The joint department of building commissioners shall examine and inspect all drawings, details, plans, and specifications to verify all calculations, designs, strain-sheets, and stress-diagrams pertaining to building construction, alterations, or remodeling. Building permits shall not be issued on any class of work until the proper drawings have been submitted to and approved by the department. All drawings shall be self-explanatory and shall be accompanied by standard specifications. All drawings shall be drawn to accurate scale, which scale shall be designated thereon. The department may reject any or all plans submitted. It shall retain on file a copy of plans and specifications for any work involving an expenditure of one thousand dollars ($1,000.00) or more.
(Prior code § 150.150)
15.08.020 Filing plans and specifications.
Applications for permits for building, altering, and repairing any structure costing one thousand dollars ($1,000.00) or more shall be accompanied by two copies of the complete plan, elevations, and details including plumbing, heating, cooling, and energy conservation and two copies of specifications. One set of plans and specifications shall be retained by the joint department of building commissioners; the other shall bear the impression stamp of the department and shall be kept constantly on the operation until completion of the work.
(Prior code § 150.151)
15.08.030 Permits--Application.
A. No building or any part thereof, nor equipment for any building or part thereof, or any sewer connection or part thereof, or any sewer connection or part thereof, shall be installed, constructed, repaired, or altered, except in conformity with this title nor before a permit has been issued for the work. No work shall be started, nor shall materials be stored on any premises for the construction of any work, and no enclosing or protecting devices shall be used or erected, nor shall any excavation be made without first obtaining a permit to carry on the contemplated work. The owner or lessee of real estate on which the work is being done shall be jointly and severally responsible with the person doing the work for obtaining a permit. No building permit shall be issued until proper approvals have been obtained from the area planning commission and the water and sewer utility department.
B. Upon issuance of a permit, the permit card must be immediately displayed in a conspicuous place upon the building or premises and shall not be removed until work is completed. The failure to obtain a permit and to display the permit in a conspicuous place shall be a violation of this title, the penalty for which is provided in Section 15.08.170. The permit for building operations shall cover only the work contemplated as stated on the application blank and shall not give any owner, agent, architect, contractor, or craftsman any right or privilege except those pertaining to the construction of the work or the maintenance of the work under the provisions of this title. The street address number for any structure under construction shall be posted at all times during construction and until address numbers are permanently displayed as required in Section 15.16.200. The temporary numbers shall be at least four inches in height, placed or painted on a contrasting background, and clearly visible from the street
C. Contractors and workmen shall not allow the accumulation of building waste and rubbish on public property. All straw, litter, shavings, and like material shall be confined in sacks or boxes to prevent their scattering; soil shall not be allowed to accumulate; gutters and drains shall be kept open; and all waste, scraps, dirt, or litter shall be removed. All hauling shall be done in trucks which shall be so loaded that they will not scatter sand, gravel, straw, water or material in the streets, nor allow dust to be scattered therefrom.
D. Applications for a permit shall be a sworn affidavit to cover the exact cost of the work contemplated, its costs in full and its location. The proper drawings must accompany the applications for a permit with all necessary details and data sheets. The permit shall give all information relative to the owner, the architect or superintendent, the contractor, the cost of the building, and the price of the building permit. It shall also state the length of time allowed for the construction of the building. The applicant for the building permit shall be required to state in the affidavit made by him, or his architect, engineer, contractor, or agent the following:
1. The plans and specifications covering the contemplated operations are intended to comply with this code, and do or do not include everything required for the completion of the contemplated operation and its intended occupancy.
2. The stated cost of the operation is inclusive of items necessary for completion, and if not inclusive shall state those items as may be omitted from the total cost and an estimate of their cost.
3. All calculations and computations pertaining to the strength and stability of the contemplated structure have been made by an individual, firm, or corporation recognized as legally competent to make the computations. An accurate copy of all the computations shall be on file and preserved by the persons making the computations, and will upon demand be exhibited to the joint department of building commissioners for the purpose of verification, investigation, or public records.
4. If additional work is required that is not covered in full in an original application, it shall be required to submit additional affidavits to conform to the requirements of subsections (D)(1) through (D)(3) of this section, and an additional permit shall be applied for before any actual work is begun.
5. The building commissioner shall be notified in writing seven days before the occupancy of any building constructed under the terms of this code, and a certificate of inspection may be issued by the building commission when construction of the building conforms to the provisions of this chapter.
E. In the event that the construction, reconstruction, alteration or remodeling work for which a permit is required involves or includes the construction, installation, reconstruction, or alteration of any process, fuel-burning or refuse-burning equipment, or control equipment pertaining thereto no person shall present an application for a building permit nor shall the application be accepted by the building commission until it is first approved by the Evansville environmental protection agency.
F. Under emergency conditions declared by the mayor of the city of Evansville and/or the board of county commissioners, provisions of this section may be modified to reduce procedural and economic impact on its citizens. These procedures may include, but not be limited to, on-site issuance of permits, reduction or elimination of fees in the case of natural disaster induced damage repairs, reduction of required inspections when work is performed by licensed contractors, reduction of scope of plans required for repairs and other procedural requirements. Under no circumstances will permanent repairs be approved, if not in compliance with applicable codes. (Ord. dated 4/11/94 § 28; prior code § 150.152)
G. No permit is required under this Code for repair, alteration or maintenance, the cost of which does not exceed: a) $500.00 per unit per year on any residential dwelling or dwelling unit, or any part or equipment thereof, if such repair or maintenance is performed by 1) a person properly licenses under 15.36.030; or 2) the owner of the building containing the dwelling or dwelling unit, or by its authorized managing agent, or by its employee, who have obtained a Limited License under § 15.36.070; or b) $1000.00 of material cost for projects performed by DMD approved volunteer organizations performing labor at no cost to the property owner. Holders of Limited Licenses under the provisions of this chapter shall also be subject to the continuing education requirements for Subcontractors.
The owner or manager or responsible party shall notify the Building Commission by phone, email, on-line or in writing prior to starting the project and will receive a control number and time/date stamp from the Department staff. The owner or manager shall maintain records of receipts, contracts and/or work orders for all such work, and shall, upon request of the Building Commission, supply such records within 5 working days to the Building Department.
This amended section exception does not apply to structural modifications, nor to modification, installation, alteration or replacement of electrical wiring or service panels, plumbing piping, gas piping, gas water heaters and/or their venting, or HVAC equipment or their venting or repair/replacement of more than two (2) squares of roofing. Any work performed that exceeds $500 in value, or exceeds the limitations of work described above is subject to normal permit and license requirements.
This permit exemption does not relieve the owner, agent or employee from meeting all notification, fire safety, health, environmental, building, zoning, historic, redevelopment, electrical, plumbing and HVAC code requirements in effect at the time the work is performed. The Building Commission shall retain the right-to-enter provisions of 15.08.130.
Any person, owner, agent, employee or corporation who violates this section by starting a job without calling in the project to the Building Commission office shall be subject to a $100 fine for a first offense, $250 for the second offense and $500 for the third offense and suspension of the ability to qualify for this amended section. Any job started under the provisions of this section that exceeds $500 will be subject to a $250 fine and the penalties of 15.08.170.
(15.08.030 B amended 2/5/2008, 15.08.030, Amended, 12/29/2004)
15.08.040 Permit fees and expiration.
A. No building permit shall be issued prior to paying of the fees, described in Section 15.08.080 for contemplated work. Governmental entities shall, when permits are required by this title, be charged no fee for the structural permit or subsequent permits for that location.
B. Permits issued under this chapter will expire one year from date of issuance, unless a written request is submitted by the applicant and approved by the building commission. Refunds of fees for permits not utilized shall not be made after one year from date of issuance. All permits shall be void, if construction is not commenced within one year of date of issuance. Where work requiring a permit is started before a permit is obtained, the fee shall be tripled, payment of which does not relieve any person from fully complying with the requirements of this code or from other penalties prescribed herein.
(Ord. dated 4/11/94 § 29: prior code § 150.153)
15.08.050 Permits to move buildings.
A. No building shall be moved to a new location without a permit having been issued therefor by authority of the Evansville board of public safety or the board of county commissioners. The person desiring the removal shall file with the joint department of building commissioners his written application therefor, setting forth the kind of building to be moved, its dimensions, extreme length, width, and height, its present location, and the particular lot or site to which it is proposed to be moved.
B. The joint department of building commissioners shall thoroughly examine the building and refer the papers aforesaid relating to its removal, to the Evansville board of public safety or the board of county commissioners, together with his opinion endorsed in writing on the application as to whether the proposed removal can be made without serious injury to person or property. The Evansville board of public safety or the board of county commissioners may thereupon order the issuance of a permit for the removal, designating therein the particular streets or alleys along which the removal shall be made, provided, the removal can, in its opinion be made without serious injury to pavements and other public improvements.
(Prior code § 150.154)
15.08.060 Temporary work permits.
A. In the event plans and specifications have been filed by a licensed architect or a licensed engineer to the State Administrative Building Council, for purposes of obtaining approval of the plans or specifications, and an undue time has expired for the purpose of approval of the plans or specifications, a temporary work permit may be issued by the joint department of building commissioners. The issuance of the temporary work permit shall be in the sole discretion of the department after investigation of the facts and circumstances surrounding the forwarding of the plans and specifications to the State Administrative Building Council. The temporary work permit issued by the department shall be for work performed for excavation and foundation work only and shall be valid for not more than four weeks from the date of issue, and shall not be renewable for any time whatsoever. If at the end of the four-week period, approval of the plans and specifications has not been received from the Administrative Building Council and deposited in the office of the department, all work must stop.
B. For the issuance of the temporary work permit, a fee is required as set out in the fee schedule of Section 15.08.080, payable as other fees are collected under this title. The costs shall not be deductible from the cost of the normal building permit at the time of issue. The temporary work permit shall be issued only if a zoning use permit and a sewage permit have been obtained.
C. Continuation of work beyond the four-week period, or for any purpose other than that for which the temporary work permit is restricted shall be considered and deemed a violation of this title.
(Prior code § 150.155)
15.08.070 Certificate of occupancy.
A. Upon completion of any building, structure, or alteration and payment of all fees and ordinance violation fines, and if no violation of this title exists, the joint department of building commissioners shall issue to the owner a certificate of occupancy, stating the purposes for which the building or structure may be used, also the maximum live load, and the maximum number of persons that may be accommodated on each floor thereof. The department shall issue a certificate of occupancy allowing the use of a portion of any building, provided no violation of this title exists against that portion, and that the temporary use of the portion shall not endanger life or property.
B. No building, structure, or part thereof shall be altered or converted in a manner to affect its occupancy or use for any purposes whatsoever until a certificate of occupancy has been issued. No building, structure, or part thereof shall be occupied or used for any other purpose, or in any manner other than that prescribed in the certificate of occupancy. No building, structure, or part thereof shall be burdened by any greater load, or occupied by a greater number of persons than designated in the certificate. The owners of all classes of public and semipublic buildings, hotels, lodging houses, theaters, motion picture houses, hospitals, sanitariums, lodge halls, dancehalls, assembly rooms, schools, office buildings, lofts, manufacturing plants, warehouses, storage rooms, and any and all other classes of buildings used for manufacturing purposes or for the assembly of crowds of people, shall post in a conspicuous place in each story one or more signs giving the maximum number of persons, the purposes of use, and the maximum live load for which a certificate has been issued for that particular story.
C. In the cases of all existing buildings, the joint department of building commissioners may make any orders to increase exit facilities, fire escapes, stairways, or an order for fire protections in the way of sprinklers, hydrants, or extinguishers, or any other protection, or require any changes in sanitary equipment, arrangement of machinery, or protection of elevators and shafts or any general changes that may be a benefit to the public or the occupants of the affected building. Any person affected by the department’s order may appeal it to the Indiana Fire Protection and Building Safety Commission as provided in Section 15.08.110.
D. No change in the manner of occupancy shall be made in any story of any building or structure, or portion thereof, tending to increase the floor loads or the number of persons to be accommodated therein until there shall have been issued by the joint department of building commissioners a certificate of occupancy covering the new use or manner of occupancy. The manner of occupancy or the purpose for which any building or structure or portion thereof is used shall not be changed, except in conformity with the requirements of this title as to exits and floor loads. The department, in addition to having the power to modify, alter, or change the existing conditions in any building, may upon order cause the vacation of any building or premises. These orders shall state in full the reasons for vacations and the time allowed for them. Where the conditions are urgent, the department shall cause immediate vacation of any building or premises.
(15.08.070 Subsections A & C amended 5/5/2009.)(Prior code § 150.156)
15.08.080 Building and construction fee schedule.
Fees for the issuance of the various permits provided for by this Chapter shall be in the amounts delineated below:
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(A) |
Building Permits and Inspection Fees |
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(1) |
One- and two-family dwellings and modular homes including additions: |
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(a) |
General rate per square foot of gross floor area including each floor, basement floor area, habitable attic, covered porch, attached garage/ carport, attached decks more than 30 inches above finished grade |
$0.06 |
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Minimum fee |
$100.00 |
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(b) |
Detached garages/carports and residential or agricultural out-buildings, over 100 square feet (per square foot) |
$0.06 |
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Minimum fee |
$50.00 |
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(c) |
Portable buildings without utilities, less than 200 square feet |
N/C |
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(d) |
Foundation for moved house |
$40.00 |
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(e) |
Manufactured and mobile homes located or relocated in mobile home parks |
$50.00 |
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(2) |
Multifamily dwellings: |
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(a) |
General rate |
Same as one- and two-family dwellings |
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Minimum fee |
$250.00 |
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(b) |
All other fees and minimums |
Same as one- and two-family dwellings |
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(3) |
All other new construction and additions: |
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(a) |
All “A” occupancies as defined by Indiana Building Code, per gross square foot |
$0.08 |
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(b) |
All “B” occupancies as defined by Indiana Building Code, per gross square foot |
$0.06 |
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(c) |
All “E” and “I” occupancies as defined by Indiana Building Code, per gross square foot |
$0.08 |
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(d) |
All “H” occupancies as defined by Indiana Building Code, per gross cubic foot |
$0.08 |
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(e) |
All “M” occupancies as defined by Indiana Building Code, per gross cubic foot |
$0.06 |
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(f) |
Minimum fees for subsections (A)(3)(a) through (e) of this section |
$50.00 |
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(g) |
Retaining walls and fences |
< 6 ft. $30.00 |
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(h) |
Towers over 30 feet tall |
$50.00 |
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(4) |
Roofing, including new, replacement and repair: |
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(a) |
Commercial, per gross square foot |
< 100 sq. ft. $125.00
> 100 sq. ft. $125.00 + $0.30 per sq. ft. |
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(b) |
Residential, per building |
$30.00 |
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(5) |
Foundation permit (nonrefundable) |
Residential: $30.00
Commercial: $75.00 |
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(6) |
Permit Extensions. To extend any permit beyond one year of its issuance and each subsequent renewal, the applicant shall pay the following fees: |
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(a) |
Residential |
$30.00 |
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(b) |
Commercial |
$100.00 |
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(B) |
Electrical Permits and Inspection Fees |
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(1) |
Services: |
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(a) |
< 400 amps |
$30.00 |
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(b) |
> 400 amps |
$30.00 + $12.50 per each 100 amps over 400 amps |
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(2) |
Per circuit, per building: |
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(a) |
< 100 amps |
$1.50 |
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(b) |
> 100 amps |
$4.00 |
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(3) |
Repair, remodel (no new circuits) |
Residential: $30.00 Commercial: $50.00 |
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(4) |
Temporary service |
$30.00 |
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(5) |
Gas/Electric Activation |
$30.00 |
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(C) |
Plumbing Permits and Inspection Fees |
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(1) |
Fixtures and openings (each) |
$6.00 |
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(2) |
Sanitary sewer Water service Water heater Gas piping Orifice change (when installed with subsection (C)(1) of this section) |
$6.00 $6.00 $6.00 $6.00 $6.00
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(3) |
Water heater or fixture replacement |
Residential: $25.00 Commercial: $50.00 |
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(4) |
Grease Trap |
$35.00 |
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(5) |
New Gas Meter |
Residential: $30.00 Commercial: $50.00 |
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(6) |
Minimum fee (for subsections (C)(1) and (2) of this section) |
$30.00 |
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(D) |
HVAC Permit and Inspection Fees |
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(1) |
New unit Heat |
$1.50 per 10,000 BTU |
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Residential: Commercial: |
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$30.00 $60.00 |
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(2) |
Repairs – Replacement. For repairs and replacements for units of same type and size in BTU and efficiency as original unit, the following fees shall apply: |
$30.00 |
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Orifice change |
$25.00 |
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Gas piping |
$30.00 |
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Factory-built fireplaces |
$30.00 |
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Residential duct work only |
$30.00 |
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Commercial duct work only |
$10.00 per $1,000.00 of cost |
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(3) |
Fire Suppression Hood |
$35.00 |
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(4) |
Minimum fee (any permit) |
$30.00 |
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(E) |
Air Conditioning Permit and Inspection Fees Based on 12,000 BTU per ton |
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(1) |
New unit |
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(a) |
1-60,000 BTU |
$45.00 |
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(b) |
60,001 + BTU- per 12,000 BTU |
$8.00 |
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(2) |
Replacement, add-on unit |
$35.00 |
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(a) |
For repairs and replacements for units of same type and size in BTU and efficiency as original unit |
Residential: $25.00 Commercial: $75.00 |
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(b) |
For the installation or the replacement with a 12 SEER+ residential AC replacement unit |
$12.50 |
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(3) |
Minimum fee (any permit) |
Residential: $30.00 Commercial: $60.00 |
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(F) |
Steam Fitting Permits and Inspection Fees |
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(1) |
Boilers, hot water, low and high pressure steam systems |
$6.00 per 10,000 BTU (Divide Total BTU by 10,000 Multiply by $6.00) |
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(2) |
Repair and Minimum Fee |
$75.00 |
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(G) |
Commercial Refrigeration Permits and Inspection Fees |
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(1) |
Installation or Replacement |
$8.00 per 12,000 BTU (Divide Total BTU by 12,000, Multiply by $8.00) |
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(2) |
Repair and Minimum Fee |
$75.00 |
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(H) |
Sign Permits and Inspection Fees (Per Pole) |
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(1) |
Head change |
$35.00 |
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(2) |
Non-Illuminated Single Face/Double Face |
$60.00 |
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(3) |
Illuminated Single Face/Double Face |
$125.00 |
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(I) |
Fees for Moving Buildings |
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(1) |
Residential |
$100.00 |
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(2) |
Commercial |
$200.00 |
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(J) |
Fees for Wrecking Buildings |
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(1) |
Residential |
$35.00 |
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(2) |
Commercial |
$125.00 plus $10/floor >1 |
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(K) |
Fire Sprinkler Systems |
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(1) |
Repair or relocation of up to 50 heads |
$30.00 |
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(2) |
Relocation of more than 50 heads, addition of 10 or fewer heads |
$60.00 |
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(3) |
New installation or addition of more than 10 heads |
$90.00 |
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(L) |
Fire Alarm Systems |
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(1) |
Alteration or addition to existing system |
$35.00 |
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(2) |
New system |
$60.00 |
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(M) |
Pool Permit |
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(1) |
Diameter of Pool < 24 ft. |
$30.00 |
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(2) |
Diameter of Pool > 24 ft. |
$50.00 |
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(3) |
Commercial |
$150.00 |
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1. Square foot method for new construction may be used, if fee is less than for remodeling.
2. If the heating and air conditioning are installed or replaced at the same time in a one-or two-family dwelling, a fee reduction of $5.00 may be deduced from the total permit cost.
(Ord. 11-17-026 § 1, added, 12/5/2017)
15.08.090 Department of buildings.
A. Under the jurisdiction of the Evansville board of public safety and the board of county commissioners there is created and established the department of buildings, and as further established by the Inter-Local Government Agreement of Vanderburgh County-city of Evansville, Chapter Two, joint department of building commissioners, the officers and employees of which shall enforce the provisions of this title. The administrative head of the department of buildings shall be known and designated as the commissioner of buildings, who, with those assistants as provided in this title, shall be appointed by and serve at the pleasure of the mayor of Evansville. The office of the department of buildings shall be located in the City-County Building, and all records pertaining thereto shall be properly filed and subject to public inspection. Suitable and necessary conveyances shall be furnished the inspectors for use in performing their duties.
B. The administration of the department of buildings shall cover fully the survey and inspection of all classes of buildings in the process of construction and already constructed, and all laws and ordinances relative to their erection, construction, alteration, repair, removal, and safety, of all building structures, elevators, heating apparatus, gas fitting, house drainage and plumbing, electric wiring and equipment, air conditioning, refrigeration, prevention of smoke, construction of spires, towers, and chimneys, fire escapes, and fire protective devices.
C. The commissioner of buildings shall pass upon all questions relative to the strength of materials, with reference to their quality, durability, and their use in structures. He shall examine and approve all plans and specifications before issuing permits, shall have the power of signing and issuing permits, certificates, bulletins, or notices and shall have the power to revoke them, except as may hereinafter be provided. He shall promptly acknowledge the receipt of all official communications, notices, and reports.
1. He shall inspect all buildings used for schools, auditoriums, theaters, hotels, hospitals, lodge halls, and places of public assembly, also all buildings used for manufacturing purposes, factories, storage, and warehouses, also all buildings used for residential purposes. He shall examine the buildings for the purpose of determining the safety thereof in the event of fire or accident, entrances, openings, passageways, halls, stairways, fire escapes, and other means of exit or egress. He shall examine the strength of floors of the buildings and the column and beam framing to determine the safety of the buildings, examine the storage contents both from the standpoint of load and the safeguarding taken there for the control of fires and limitations of conflagration. He shall issue orders for remedying any difficulties of this character under his observation and cause the immediate prosecution of any person violating the law or this title in relation thereto.
2. The commissioner shall maintain an accurate building record of all work carried on in the city/county, as well as a report of daily operations showing the investigation and disposition of each individual case.
D. The inspectors for the department of buildings shall follow carefully the process of erection of all structures for which building permits have been issued by the department of buildings. Everything pertaining to, affected by, or part of any building in the process of construction, or any existing building shall be under the jurisdiction of the department of buildings. The department and its inspectors shall have jurisdiction of all problems relating to excavating, soil bearing, needling, shoring, underpinning, form work, framing construction, the inspection of iron and steel, the construction and assembly of masonry, concrete, brick, stone, cement and tile, foundations, fire-proofing, plastering, damproofing, timber construction and framing, general carpentry construction, mechanical equipment, plumbing, heating, and electric wiring relative to buildings, fire escapes, stairways, signs, skylights, elevators, escalators, and any and all equipment used in the construction of, remodeling, or repairs of any buildings, or consisting of any part thereof, all of which are covered in full in this title.
(Prior code § 150.165)
15.08.100 Commissioner of buildings.
A. The commissioner of buildings shall have had at least twelve (12) years of practical experience in the design, construction, and superintendence of buildings. Time spent in the study of architecture or engineering at a licensed college or university of recognized standing shall, to the extent thereof, apply as this experience. The commissioner shall be a registered licensed professional engineer or an architect licensed in the state. Before entering upon duties of his office, he shall give a good and sufficient bond in the sum of five thousand dollars ($5,000.00) to the approval of the corporation counsel and county attorney, conditioned upon the faithful performance of his duties.
B. Assistants to the commissioner shall be known and designated as the chief electrical inspector, chief plumbing inspector, chief heating inspector, chief refrigeration inspector, and any additional assistants, including clerical as may be required for the proper discharge of the duties of the office, and for which provision is made for their compensation by appropriations. No person shall be appointed a chief inspector unless he has had at least ten (10) years of practical experience in his particular line of work and, before entering upon the duties of his office, shall give good and sufficient bond in the sum of five thousand dollars ($5,000.00) to the approval of the corporation counsel and county attorney, conditioned for the faithful performance of his duties.
C. The commissioner, his assistants, and employees of the department of buildings shall not be engaged in or have any financial interest in any phase of the construction industry. The salaries of the commissioner and his assistants shall be fixed by the mayor of Evansville but shall not exceed the amount appropriated by common council therefor.
D. The commissioner of buildings, with the consent and approval of the mayor of Evansville, is authorized to appoint an assistant commissioner of buildings. The assistant commissioner shall have the power and authority to perform the duties of the commissioner as are assigned to him by the commissioner. The salary of the assistant commissioner shall be fixed by the mayor, but shall not exceed the amount appropriated by common council of Evansville therefor.
(Prior code § 150.166)
15.08.110 Repealed 11/30/1998
15.08.120 Authority to require tests and analyses.
A. The Building Inspection Section of the Department of Code Enforcement shall have the right to demand special tests at manufacturers’ expense on any new or untried materials, and shall not allow any work to proceed where the use of the materials is involved until satisfied in every detail that the materials are of proper quality or strength and properly used.
B. For commercial or industrial projects over One Million Dollars ($1,000,000.00), the Building Inspection Section may require the owner or contractor of projects to provide third party inspections under the following conditions:
1. The project is too large for the Building Inspection staff to reasonably be expected to make required inspections in a timely manner,
2. When any aspect of the project is beyond the normal capabilities of a qualified inspector, or
3. When the Building Commissioner and owner or contractor agree that it is in the best interest of the project.
Unless otherwise agreed, the third party inspector shall be an Indiana registered engineer or architect, shall provide at least weekly certified reports to the Department of Buildings, and shall promptly, i.e. within twenty-four (24) hours (weekends and City observed holidays excluded), notify the Department of Buildings of any deficiencies found during the inspection process.
(Prior code § 150.168)(15.08.120 (A & B), Amended, 11/30/1998)
15.08.130 Right of entry--Stop work orders.
The building commissioner and any or all of his assistants are authorized and directed to enforce all the provisions of this title and for this purpose they shall have the power of police officers. The commissioner and his inspectors shall have at all times the right to enter any buildings, sites, or premises, or on any work in process of construction, upon showing proper credentials. Any person interfering with the commissioner or inspectors in the performances of their duties shall be liable to the penalties established by Section 15.08.170. At any time during the process of building work, the inspectors, upon finding any violations of this title, the use of improper material or improper methods of construction, or anything that may interfere with or cause damage to life, health, or property, may stop work on the project and cause immediate cessation of work on all or part of the construction. Where this action is taken, there shall be no resumption of any work without first having obtained written authority to proceed. Any violation of these orders shall be punishable by the penalty provided in Section 15.08.170.
(Prior code § 150.169)
15.08.140 Condemnation of buildings.
In the event the commissioner of buildings shall make an order requiring any building to be condemned by legal proceedings, as set out in IC 36-7-9-1 through 36-7-9-28, he shall deliver a copy of his order to the Evansville city attorney or the county attorney. The city or county attorney shall thereupon institute in any court of competent jurisdiction an action in the name of the city or county against the owner of the property and all other persons who may have any liens against or interest therein for the condemnation of the building, either in whole or in part, as may be directed by the commissioner, and prosecute the same to final judgment.
(Prior code § 150.170)
15.08.150 Legal procedures--Injunctions.
A. Upon written request by the commissioner of buildings, the attorney shall take charge and conduct all legal proceedings imposed or provided for by this title. All suits or proceedings instituted for the enforcement of any of the several provisions of this title or for the recovery of any penalty thereunder shall be brought in the name of the city by the Evansville city attorney, or of the county by the county attorney, to whom all notices of violations shall be returned for prosecution. It shall be the duty of the attorney to take charge of the prosecution of all these suits or proceedings, and to collect and receive all moneys that may be collected on judgments, suits, or proceedings so instituted, or which may be paid any parties who have violated any of the provisions of this title and, upon settlement of judgment and removal of violations thereunder, executed satisfaction therefor.
B. In any action or proceeding for the enforcement of the provisions of this building code, the city of county may apply to the court for an order enjoining and restraining any violation, ordering property vacated, or prohibiting its use for any purpose whatsoever, until the hearing and determination of the actions and the entry of final judgment therein.
(Prior code § 150.171)
15.08.160 Granting of permit--No approval for violation.
A. The issuance of granting of a permit or approval of plans or specifications shall not be deemed or construed to be a permit for, or any approval of, any violation of any of the provisions of this title. No permit presuming to give the authority to violate or cancel the provisions of this title shall be valid except insofar as the work or use which it authorizes is lawful.
B. The issuance of a permit upon plans and specifications shall not prevent the enforcing officer from thereafter requiring the correction of errors in the plans and specifications or from preventing building operations being carried on thereunder when in violation of this title, or any ordinance of the city or county.
(Prior code § 150.172)
15.08.170 Violation--Penalty.
Any person violating any of the provisions of this title, failing to conform to any of the provisions of this title, or failing to obey or execute any order of the commissioner of buildings, or the Evansville board of public safety, or the joint department of building commissioners issued in pursuance to this title, shall be fined not more than two thousand five hundred dollars ($2,500.00) for the first offense, five thousand dollars ($5,000.00) for the second offense and seven thousand five hundred dollars ($7,500.00) for the third offense.. Where such violation is of a continuing nature, each day the person violates any provisions, fails to conform to any order, or fails to comply with any of the provisions of this title shall be deemed a separate offense.
Proposed Fine Schedule for Specific Offenses Against the Evansville and Vanderburgh County Code of Ordinances:
|
|
|
Commercial |
Residential |
|---|---|---|---|
|
Hiring Unlicensed Contractor (Owner or General Contractor) or Working without License (3 year period) |
1st 2nd 3rd |
$2,500.00 $5,000.00 $7,500.00 |
$500.00 1,000.00 $2,500.00 |
|
Working without Permit (1 year period) |
1st 2nd 3rd |
$500.00 $2,500.00 $7,500.00 |
$250.00 $1,000.00 $2,500.00 |
|
Piggybacking (3 year period) |
1st 2nd 3rd |
$2,500.00 $5,000.00 $7,500.00 |
$500.00 $1,000.00 $2,500.00 |
|
Code Violation (Minor) (1 year period) |
1st 2nd 3rd |
$500.00 $750.00 $1,000.00 |
$100.00 $150.00 $500.00 |
|
Code Violation (Major) (1 year period) |
1st 2nd 3rd 4th |
$1,000.00 $2,500.00 $5,000.00 $7,500.00 |
$250.00 $750.00 $1,000.00 $2,500.00 |
(15.08.170 amended 1/6/2009, Prior code § 150.999)
15.08.180 Unsafe building ordinance.
1. CONTENTS OF LAW. The County Unsafe Building Ordinance includes the Indiana Unsafe Building Law which is hereby adopted. For purposes of this Ordinance, the Indiana Unsafe Building Law shall refer to the body of law in Indiana known as the Unsafe Building Law located at I.C. §36-7-9 et seq., as amended, replaced, and interpreted from time to time. This Ordinance governs all proceedings within the County for the inspection, repair, and removal of unsafe buildings and premises. If the provisions of this Ordinance conflict with Indiana statutory law, then the provisions of State law govern.
2. REQUIRED ACTIONS. If the joint City-County Building Commissioner or any so designated employee of the Department determines after an inspection that any building or portion of a building within the County is unsafe, as that term is defined in this Ordinance or in the Indiana Unsafe Building Law, that building or portion of building shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures set forth in the County Unsafe Building Ordinance.
3. ADMINISTRATION AND ENFORCEMENT. The Department shall be the executive department that is authorized to administer the County Unsafe Building Ordinance and the Indiana Unsafe Building Law. The joint City-County Building Commissioner shall be the enforcement authority for purposes of the County Unsafe Building Ordinance and the Indiana Unsafe Building Law.
4. UNSAFE BUILDINGS.
(A) Adoption of State Law. The County hereby adopts, in total, the provisions of I.C. 36-7-9-1 et seq. Said provisions of I.C. 36-7-9-1 et seq. shall be as much a part of this section and County code as though fully set forth herein. This section is intended to give the County and Department officials charged with enforcement of this section full authority and rights granted by I.C. 36-7-9-1 et seq.
(B) Definitions. As used in this section and in I.C. 36-7-9-1 et seq., the following definitions shall apply unless the context clearly indicates or requires a different meaning:
“Department” means the Department as established under 15.08.090 of the County Code. The Department shall be responsible for the administration of this section.
“Enforcement Authority” refers to the Department.
“Hearing Authority” refers to the Hearing Officer or person or persons designated as such by the County Commissioners. An employee of the Enforcement Authority may not be designated as the Hearing Authority.
“Substantial property interest” means any right in real property that may be affected in a substantial way by actions authorized by this section, including a fee interest, a life estate, a future interest, a present possessory interest, or an equitable interest of a contract purchaser. The interest reflected by a deed, lease, license, mortgage, land sale contract, or lien is not a substantial property interest unless the deed, lease, license, mortgage, land sale contract, lien or evidence of it is:
(1) Recorded in the office of the Vanderburgh County Recorder; or
(2) The subject of written information that is received by the Department and includes the name and address of the holder of the interest described.
“Building Commissioner” as used in this Ordinance shall mean and refer to the joint City-County Building Department Commissioner and his or her duly authorized representatives.
“Department” as used in this Ordinance shall mean and refer to the joint City-County Building Department.
“County Commissioners” as used in this Ordinance shall mean and refer to the Board of Commissioners of Vanderburgh County, the executive of the County of Vanderburgh County, Indiana.
“County” as used in this Ordinance shall mean and refer to Vanderburgh County, Indiana.
(C) Unsafe Building and Unsafe Premises:
(1) For the purpose of this section, the building, structure, or any part of a building or structure located within the unincorporated areas of the County that is in an impaired structural condition that makes it unsafe to a person or property; a fire hazard; a hazard to the public health; a public nuisance; or dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance is considered an unsafe building.
(2) For the purposes of this section, an unsafe building and the tract of real property on which the unsafe building is located are considered unsafe premises.
(D) Sealing an Unsafe Building. Whenever an unsafe building is required or ordered to be sealed against intrusion by unauthorized persons, the building shall have all openings secured by the use of plywood of not less than one-half inch in thickness, or material of equal or greater strength, sufficiently attached to the building or structure to cover the opening so as to prevent unauthorized entry.
(E) Unsafe Building Fund. There is already an established fund known as the “Unsafe Building Fund” within the budget of the Department in accordance with the provisions of I.C. 36-7-9-14, as amended or replaced from time to time. This fund shall be used for the expenses incurred in carrying out the purposes of this section or other purposes authorized by law.
5. CONSTRUCTION STANDARDS. All work for the reconstruction, alteration, repair, or demolition of buildings or other structures, and the removal of trash and debris from the unsafe premises shall be performed in a good and workmanlike manner according to the accepted standards and practices in the trade and shall be performed in accordance with the standards and requirements of the County Building Code or the Vanderburgh County Property Maintenance Code.
6. HEARING AUTHORITY DUTIES.
(A) The County Commissioners hereby designate and name the Hearing Officer as the Hearing Authority for the purposes of conducting hearings in accordance with I.C. 36-7-9-7, as amended or replaced from time to time.
(B) The Hearing Authority shall meet from time to time as required and shall be comprised of one (1) Hearing Officer.
(C) The Hearing Authority shall create reasonable rules of procedure for holding a hearing as required by the Indiana Unsafe Building Law.
(D) The Hearing Authority may allow additional time for a person to complete an action requested in the order. The Hearing Officer may require a person making a request for additional time to post a performance bond.
7. INSPECTIONS.
(A) Condemned work or equipment.
(1) All work which requires a permit shall be inspected by the Department. Work which will be covered shall be inspected prior to installing any material which would not allow a visible inspection. The contractor for the trade of the affected installation shall contact the Department and request an inspection prior to work being covered. Any contractor failing to request inspection and any contractor covering work before an inspection is in violation of this chapter and shall be subject to the penalties set forth by the County or Department. If, in the opinion of the Department, the covered work cannot otherwise be deemed safe and in compliance with applicable codes, the contractor responsible for covering work not inspected shall uncover any and all areas as directed by the Department. The Inspector shall inspect the installation as soon as possible after receiving the request but in no case shall it be more than eight working hours from the time the call is received. If any inspection is not approved by the Inspector, the contractor may request and shall be provided by the department within eight working hours the specific code, chapter and section that has been violated. This section may be modified by the Building Commissioner under emergency conditions.
(2) Should the Inspector condemn any work or equipment as not being in accordance with the provisions of this article, notice in writing shall be given by the Inspector to the person engaged in the work within 10 days after notification thereof or within further reasonable time as may, upon request, be prescribed. The condemned work or equipment shall be altered or removed as the case may require, and the necessary change shall be made so that all the work or equipment shall fully comply with the provisions of this article. In default thereof the person shall be liable for the penalties provided by County Code. Every owner, contractor, or other person engaged in the construction of the building, structure, or otherwise, covering or allowing to be covered any portion of the work or equipment, or removing any notice not to cover the work, placed thereon by the Inspector, shall likewise be liable for the penalties established by the County or Department.
(B) Re-inspection.
The Inspector is empowered to re-inspect all wiring, appliances, devices, fixtures, and equipment coming within the scope of this article. When the installation of any wiring, appliances, devices, fixtures, or equipment is found to be in a dangerous or unsafe condition, the person owning, using, or operating it shall be notified to make the necessary repairs or changes required to place the wiring, appliances, devices, fixtures, or equipment in a safe condition and shall have the work completed within 10 days after notification thereof or within any reasonable time as may, upon request, be prescribed. No person shall hinder or interfere with the Inspector or any Assistant Inspector in the discharge of his duties under this article.
(C) Power to disconnect service.
Should an Inspector in the affected trade determine any work to be dangerous, unsafe, improperly installed or hazardous to occupants or the general public, he may cause the affected utility connection to be removed without prior notice. If the structure is occupied, the Inspector must attempt to notify the owner and/or the occupant by leaving notice at the structure and by telephone if possible. Inability to contact occupant or owner will not prevent disconnection of unsafe systems which are immediate threats to the safety or well-being of an occupant or the general public. No person shall reconnect the services to the structure until inspected and approved by the Department.
(D) Certificate of Approval.
(1) The Inspector shall upon request, issue a certificate of approval when the installation is completed and found to comply with the provisions of this article.
(2) No person shall make any connection to any wiring or equipment until approval has been given by the Inspector. The Inspector is authorized to disconnect any installation or equipment which has been connected before the approval for service has been given. He shall thereupon attach a notice which shall state that the wiring or equipment has been disconnected by the Inspector. No person shall remove the notice or reconnect the wiring or equipment before it has been approved by the Inspector.
(E) Liability as result of inspection.
This article shall not be construed to relieve from or lessen the responsibility of any person owning, operating, or installing any wires, appliances, apparatus, construction, or equipment for damages to anyone injured by any defect therein. Nor shall the County or any agent of the Department be held as assuming any liability by reason of inspection authorized herein or the certificate of approval issued by the Inspector.
(F) Temporary use of electric and gas.
When electric or gas is needed prior to final inspection, the appropriate Inspector may approve temporary service. All electric and gas equipment and systems which are connected must be properly installed in a safe manner without hazard that could cause fire or injury to personnel.
Temporary approvals expire 60 days from issuance and services may then be removed if not ready for final inspection. The 60 days may be extended by the Building Commissioner or Department, if the reason for noncompliance is due to circumstances beyond the control of the contractor.
No structure utilizing temporary services shall be occupied without written approval of the Department.
(G) Failure to correct defects, pay fees.
The failure of any person registered under the provisions of this article to correct defects and pay any additional fees that may be charged to him within 15 calendar days after notification thereof or within any further reasonable time as may, upon request, be granted, shall entitle the Building Commissioner, without further notice, to stop the issuance of permits to the registered person until the corrections have been made, inspected, and approved, or the additional fees have been paid. The Inspector shall be promptly notified upon correction of any defect, error, or deficiency. Request for further time shall be made within 15 days after notification of any defect, error, or deficiency. An extension of time may be granted only for good and sufficient reasons. No person shall perform any electrical work during the period permits are withheld.
8. DEMOLITION REQUIREMENTS.
A building or structure shall be demolished in the County under this Ordinance only in compliance with the following requirements:
(A) All water, sewer, and other utility lines shall be plugged, capped, and properly guarded. Septic tank and drywells shall be removed or collapsed and backfilled with clean fill material.
(B) All materials and debris resulting from the demolition shall be removed from the premises, except for those items which will provide clean fill for the evacuation.
(C) After demolition, the property shall be filled to grade with clean soil and compacted.
(D) Any sidewalk shall be repaired or replaced in accordance with the specifications of the municipality, if any, in which the property is located.
(E) The person performing the demolition shall provide proof of liability insurance with a coverage and in an amount deemed adequate by the Building Commissioner.
(F) The demolition shall be entirely completed and the property shall be restored to a condition that is in compliance with County code within thirty (30) days from the date of the awarding of the contract for demolition.
(G) The demolition shall comply with all requirements set forth in applicable County codes and permits.
9. CIVIL PENALTIES.
(A) If the Hearing Authority finds that there has been a willful failure to comply with an order issued by the Building Commissioner, the Hearing Authority may impose a civil penalty of not more than Five Thousand Dollars ($5,000.00). The Hearing Authority may impose additional civil penalties of not more than Five Thousand Dollars ($5,000.00) each, if the Hearing Authority finds that: (1) significant work on the premises in compliance with the order has not been accomplished; and (2) the subject property will have a negative impact on property values or quality of life in the surrounding area.
(B) If the civil penalty is unpaid for more than thirty (30) days after payment is due, the civil penalty may be collected from any person against whom the Hearing Authority assessed the civil penalty or fine. A civil penalty may be certified to the County Auditor and collected in accordance with Indiana’s Unsafe Building Law. All civil penalties collected shall be made payable to and shall be deposited in the County Unsafe Building Fund.
(Ord. 06-25-012 §§ 2 – 10, added, 7/8/2025)