Chapter 15.30
UNSAFE BUILDING LAW
Sections:
15.30.010 Establishment of regulations – Adoption of state law.
15.30.030 Unsafe buildings a nuisance.
15.30.050 Powers of the building inspector – Review.
15.30.060 Standards of workmanship.
15.30.070 Unsafe building fund.
15.30.010 Establishment of regulations – Adoption of state law.
(A) The town of Highland unsafe building law is hereby established.
(B) IC 36-7-9-1 et seq. is hereby adopted by reference as the town of Highland unsafe building law, together with any and all amendments thereto that are made following this date. All proceedings within the town for the inspection, repair, and removal of unsafe buildings shall be governed by this state law and the provisions of this chapter. In the event the provisions of this chapter conflict with the provisions of IC 36-7-9-1 et seq., the provisions of state law shall control. Any repeal of this state law shall not act as a repeal of this chapter. [Ord. 919, 1985. Code 1983 § 5-146. Code 2000 § 210.110].
15.30.020 Definitions.
The definitions as stated in IC 36-7-9-2 are hereby amended and the following definitions shall apply in the enforcement of this chapter:
Building. This term includes “structure” and shall be construed as if followed by the words “or part thereof.”
Contractor or Contractor Licensed and Qualified Under Law. As used in IC 36-7-9-11, 36-7-9-12, or any other sections of the statute, as adopted herein, requirements are modified in that any contractor approved by the building inspector may perform any work that is required in complying with the orders of the building inspector.
“Department” means the office of building inspector; he shall administer this chapter.
“Director” means as used in the provisions of the Indiana Code as adopted herein; the same shall be construed to apply to the building inspector.
“Enforcement authority” means the building inspector of the town of Highland.
“Hearing authority” means the town of Highland plan commission.
“Persons” includes a corporation and unincorporated association.
“Substantial property interest” means any right in real property that may be affected in a substantial way by actions authorized by this chapter, 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:
(A) Recorded in the office of the county recorder; or
(B) The subject of a written information that is received by the building inspector and includes the name and address of the holder of the interest described.
Unsafe Building. Any building or structure which has any or all of the conditions or defects herein described shall be deemed to be an “unsafe building”; 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 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 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.
(C) 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.
(D) 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.
(E) 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.
(F) Whenever any portion thereof has wracked, 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.
(G) Whenever the building or structure, or any portion thereof, because of: dilapidation, deterioration, or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay, or inadequacy of its foundation; or any other cause is likely to partially or completely collapse.
(H) Whenever, for any reason, the building or structure or any portion thereof is manifestly unsafe for the purpose for which it is being used.
(I) 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.
(J) Whenever the building or structure, exclusive of the foundation, shows 33 percent or more damage or deterioration of its supporting member or members, or 50 percent damage or deterioration of its nonsupporting 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 deteriorated as to become an attractive nuisance to children, or freely accessible to persons for the purpose of committing 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 of this town, or of any law or ordinance of this state or town 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 nonsupporting part, member, or portion less than 50 percent, or in any supporting part, member or portion less than 66 percent, 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.
(N) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air, or sanitation facilities, or otherwise, is determined by the building inspector to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.
(O) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections, or heating apparatus, or other cause, is determined by the building inspector to be a fire hazard.
(P) Whenever any portion of a building or structure remains on 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. 919, 1985. Code 1983 § 5-147. Code 2000 § 210.111].
15.30.030 Unsafe buildings a nuisance.
All buildings or portions thereof within the town which are determined, after inspection by the building inspector, to be unsafe as defined in this chapter, are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal in accordance with the procedures specified in the town of Highland unsafe building law. [Ord. 919, 1985. Code 1983 § 5-148. Code 2000 § 210.112].
15.30.040 Prohibition.
No person, firm, or corporation, whether as 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 contrary to or in violation of the provisions of this chapter or any order by the building inspector. [Ord. 919, 1985. Code 1983 § 5-149; Code 2000 § 210.113].
Penalty, see HMC 15.05.030.
15.30.050 Powers of the building inspector – Review.
(A) The building inspector is hereby authorized to administer and proceed under the provisions of this chapter in ordering the repair or removal of any buildings found to be unsafe as defined by state law adopted herein and the definition as set forth herein.
(B) Wherever in the building regulations of the town or the town of Highland unsafe building law it is provided that anything must be done to the approval or subject to the direction of the building inspector, or any other officer acting for and on behalf of the building inspector, this shall be construed to give that officer the discretion of determining whether the rules and standards established by ordinance have been complied with. Any aggrieved party may request the town of Highland plan commission to review the action of the building inspector. [Ord. 919, 1985. Code 1983 § 5-150. Code 2000 § 210.114].
15.30.060 Standards of workmanship.
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. The provisions of the rules and regulations pertaining to construction, plumbing, electrical, mechanical, and one- and two-family dwellings, promulgated by the Administrative Building Council of Indiana, shall be considered standard acceptable practice for all matters covered by this chapter or orders issued pursuant to this chapter by the town building inspector. [Ord. 919, 1985. Code 1983 § 5-151; Code 2000 § 210.115].
Penalty, see HMC 11.10.330.
15.30.070 Unsafe building fund.
An unsafe building fund is hereby established in the operating budget of the office of the town building inspector in accordance with the provisions of IC 36-7-9-14, and pursuant to the provisions contained therein. Any balance remaining at the end of a fiscal year shall be carried over in the fund for the following year and does not revert to the general fund. [Ord. 919, 1985. Code 1983 § 5-152; Code 2000 § 210.116].