Chapter 15.16
HOUSING CODE

Sections:

15.16.010    Definitions.

15.16.020    Scope and interpretation.

15.16.030    Kitchen and bathroom facilities-- Egress.

15.16.040    Light, ventilation, heating facilities.

15.16.050    Construction--Cleanliness.

15.16.060    Shutting off services or utilities.

15.16.070    Floor space--Room arrangement.

15.16.080    Use of cellar or basement as habitable room.

15.16.090    Owner, occupant responsible for sanitary conditions.

15.16.100    Rubbish and garbage disposal.

15.16.110    Screens and storm doors.

15.16.120    Extermination of insects.

15.16.130    Plumbing fixtures.

15.16.140    Abatement of unlawful uses.

15.16.150    Violations--Notice.

15.16.160    Hearings.

15.16.170    Injunctions.

15.16.180    Vacant premises.

15.16.190    Unfit buildings.

15.16.200    Posting of Street Numbers.

15.16.010 Definitions.

A.    Whenever the words “dwelling,” “dwelling unit,” “rooming house,” “rooming unit,” or “premises” are used in this chapter, they shall be construed as though they are followed by the words “or any part thereof.”

B.    Definitions as listed in the Administrative Building Council Rules and Regulations, Volumes 1, 2, 3, 4, and the Administrative Building Council One- and Two-Family Dwelling Code shall apply.

C.    For the purposes of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“Cellar” means a portion of a building located partly or wholly underground, and having half or more than half of its clear floor-to-ceiling height below the average grade of the adjoining ground.

“Extermination” means the control and elimination of insects, rodents, or other pests by eliminating their harborage places, by removing or making inaccessible materials that may serve as their food, by poisoning, spraying, fumigating, trapping, or by any other recognized and legal pest elimination methods approved by the “health officer.”

“Garbage” means the animal and vegetable waste resulting from handling, preparation, cooking, and consumption of food.

“Health officer” means the legally designated health authority of the Evansville-Vanderburgh County board of health, or his authorized representative.

“Infestation,” means the presence, within or around a dwelling, of any insects, rodents, or other pests.

“Multiple dwelling” means any dwelling containing more than two dwelling units.

“Occupant” means any person, over one year of age, living, sleeping, cooking, eating in, or having actual possession of a dwelling unit or rooming unit.

“Operator” means any person who has charge, care, or control of a building, or part thereof, in which dwelling units or rooming units are let.

“Ordinary minimum winter conditions” means the temperature of fifteen (15) degrees Fahrenheit above the lowest recorded temperature for the previous ten (10) year period.

“Premises” means all areas including but not limited to yards, outbuildings, and courts.

“Rooming house” means any dwelling, or that part of any dwelling, containing one or more rooming units in which space is let, for a valuable consideration, by the owner or operator to three or more persons who are not husband or wife, son or daughter, mother or father, or sister or brother of the owner or operator.

“Rooming unit” means any room or group of rooms forming a single habitable unit, used or intended to be used for living and sleeping, but not for cooking or eating purposes.

“Rubbish” means combustible and noncombustible waste materials, except garbage. The term shall include the residue from the burning of wood, coal, coke, and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery, and dust.

“Supplied” means paid for, furnished, or provided by or under the control of the owner or operator.

“Temporary housing” means any tent, trailer, or other structure used for human shelter, which is designed to be transportable and which is not attached to the ground, to another structure, or to any utility system on the same premises for more than thirty (30) consecutive days.

(Prior code § 150.035)

15.16.020 Scope and interpretation.

Nothing contained in this chapter shall be deemed to reduce, limit, or remove any of the power or authority of the board of health, the health officer, the chief of the Evansville fire department, or the joint department of building commissioners. This chapter shall be construed to be supplementary to all other pertinent ordinances now in effect unless the provisions of the other ordinances are directly in conflict herewith or less stringent than similar provisions of this chapter.

(Prior code § 150.036)

15.16.030 Kitchen and bathroom facilities-- Egress.

No person shall occupy as owner-occupant or let to another for occupancy any building, dwelling, or dwelling unit for the purpose of living, sleeping, cooking, or eating therein, which does not comply with the following requirements.

A.    Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to a water and sewer system approved by the health officer or the joint department of building commissioners.

B.    Every dwelling unit, except as otherwise permitted under subsection D of this section, shall contain a room which affords privacy to a person within the room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to a water and sewer system approved by the health officer or the joint department of building commissioners.

C.    Every dwelling unit, except as otherwise permitted under subsection D of this section, shall contain, within a room which affords privacy to a person within the room, a bathtub or shower in good working condition and properly connected to a water and sewer system approved by the health officer or the joint department of building commissioners.

D.    Every kitchen sink, lavatory basin, and bathtub or shower required under the provisions of subsections A through C of this section shall be properly connected with both hot and cold water lines.

E.    Every dwelling unit shall be supplied with adequate rubbish storage facilities, the type and location of which are approved by the health officer or the joint department of building commissioners.

F.    Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers, the type and location of which are approved by the health officer or the joint department of building commissioners.

G.    Every dwelling shall have supplied water heating facilities which are properly installed, maintained in safe and good working condition, properly connected with hot water lines required under the provisions of subsection D of this section and are capable of heating water to a temperature so as to permit an adequate amount of water to be drawn at a required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than one hundred twenty (120) degrees Fahrenheit. The supplied water heating facilities shall be capable of meeting the requirements of this division when the dwelling or dwelling unit heating facilities required under the provisions of subsection D of this section are not in operation.

H.    Every building and dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level, as required by the laws of this state, the county, and the city of Evansville.

(Prior code § 150.037)

15.16.040 Light, ventilation, heating facilities.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements.

A.    Every habitable room shall have at least one window or skylight directly facing the outdoors. The minimum total window area, measured between stops for every habitable room shall be ten (10) percent of the floor area of the room. Whenever walls or other portions of structures face a window of any room and the light-obstructing structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, the window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of the room, the total window area of the skylight shall equal at least fifteen (15) percent of the total floor area of the room.

B.    Every habitable room shall have at least one window or skylight which can be easily opened, or any other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least forty-five (45) percent of the minimum window area size or minimum skylight-type window size as required in subsection A of this section, except where there is supplied some other device affording adequate ventilation and approved by the health officer or the joint department of building commissioners.

C.    Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections A and B of this section, except that no window or skylight shall be required in adequately ventilated bathrooms and water closet compartments equipped with a ventilation system which is kept in continuous operation and is approved by the health officer or the joint department of building commissioners.

D.    Where there is electric service available from power lines which are not more than three hundred (300) feet away from a building or dwelling, every habitable room of the building or dwelling shall contain at least two separate floor or wall type electric convenience outlets, or one convenience outlet and one supplied ceiling type electric light fixture. Every outlet and fixture shall be properly installed, maintained in good and safe working condition, and connected to the source of electric power in a safe manner.

E.    Every dwelling shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms, bathrooms and watercloset compartments in every dwelling unit located therein to a temperature of at least seventy (70) degrees Fahrenheit, at a distance three feet above floor level, under zero weather conditions.

F.    Every public hall and stairway in every multiple dwelling containing five or more dwelling units shall be adequately lighted at all times. Every public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than four dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of full-time lighting.

G.    During that portion of each year from April 1st to October 1st, for protection against mosquitoes, flies, and other insects, every door opening directly from a dwelling unit to outdoor space shall be supplied with screens with metal or plastic screen wire of not less than sixteen (16) meshes to the square inch, and a self-closing device. Every window or other device with an opening to outdoor space used or intended to be used for ventilation, shall likewise be supplied with screens, provided that the screens shall not be required during this period in rooms deemed by the health officer or the joint department of building commissioners to be located high enough in upper stories of buildings so as to be free from flying insects, and in rooms located in areas of the county which are deemed by the health officer or the joint department of building commissioners to have so few insects as to render screens unnecessary.

H.    Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement which might provide an entry for rodents shall be supplied with a screen or any other device as will effectively prevent their entrance.

I.    Every sleeping room of every dwelling unit shall have at least one operable window or exterior door for emergency egress or rescue. All egress windows must have a minimum of 4.75 square feet of clear openable (i.e., unobstructed) area. Existing sleeping room which have two doors, at least one of which leads to an adjacent room the window meeting the above requirement, shall be permitted when both rooms contain properly installed and operational smoke detectors in addition to those required.

(Ord. dated 4/11/94 § 33; prior code § 150.038)

15.16.050 Construction--Cleanliness.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements. No person shall cause or allow any structure under his control whether occupied or unoccupied to violate the provisions of subsections A, B, C, H, I, or J of this section.

A.    Every foundation, floor, wall, ceiling, and roof shall be reasonably weathertight, watertight, and rodentproof, shall be capable of affording privacy, and shall be kept in good repair.

B.    Every window, exterior door, and basement hatchway shall be reasonably weathertight, watertight, and rodentproof, and shall be kept in sound working condition and good repair.

C.    Every inside and outside stair, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon, and shall be kept in sound condition and good repair.

D.    Every plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition, free from defects, leaks, and obstructions.

E.    Every water closet compartment floor surface and bathroom floor surface shall be constructed and maintained so as to be reasonably impervious to water and so as to permit the floor to be easily kept in a clean and sanitary condition.

F.    Every supplied facility, piece of equipment, or utility which is required under this chapter shall be so constructed or installed that it will function safely and effectively, and shall be maintained in satisfactory working condition.

G.    No owner shall occupy or let to any other occupant any vacant dwelling unit unless it is clean, sanitary, and fit for human occupancy.

H.    All courts, yards, or other areas on the premises outside every dwelling shall be drained so as to prevent the accumulation of surface water, and shall be kept free from rubbish, garbage, rodent infestation or from other matter deleterious to health or constituting a fire hazard.

I.    The joint department of building commissioners or the health officer shall determine that a dwelling is unfit for human habitation or a building is dangerous, if he finds interior walls or other vertical structural members which list, lean, or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base; supporting member or members which show thirty-three (33) percent or more of damage or deterioration or nonsupporting enclosing or outside walls or covering which shows fifty (50) percent or more of damage or deterioration; or floors or roofs which have improperly distributed loads, which are damaged by fire, wind, or other causes, so as to endanger the lives, safety, or welfare of the occupants or other people in the city.

J.    Every structure constructed as a dwelling unit shall have adequate gutters and downspouts in sound condition maintained in good repair to divert normal rainwater from the roof to available storm sewer or to other areas on the premises where dispersal of water will not adversely affect the foundation of any dwelling. If there is no storm sewer available, the downspouts shall terminate above grade with a diverter and a splash block to direct water away from the foundation of this and adjacent dwellings. The building commission shall have the authority to approve or disapprove the dispersal location of the roof water in conjunction with other regulations of this code. Approved altered drain systems such as yard drains specifically designed to prevent water accumulation at foundation shall be considered an approved method of dispersal.

(Ord. dated 4/11/94 § 32; prior code § 150.039)

15.16.060 Shutting off services or utilities.

No owner, operator or occupant shall cause by non-payment of bills or by oral or written request any service, facility, equipment, or utility which is required in this Chapter, to be removed from, shut-off from, or discontinued for any occupied dwelling except for temporary interruption necessary while actual repairs or alterations are in process, or during temporary emergencies when discontinuance of service are approved by the Health Officer or the Department of Code Enforcement.

This Section shall not apply to utilities taking action pursuant to the request of the person in whose name service is registered, while acting under Rules and Regulations of the State of Indiana, or acting pursuant to State or Local Law. This provision shall not apply to utilities regulated by the Indiana Utility Regulatory Commission.

(Prior code § 150.040)(15.16.060, Amended, 11/30/1998)

15.16.070 Floor space--Room arrangement.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements.

A.    Every dwelling unit shall contain at least one hundred fifty (150) square feet of floor space for the first occupant, and at least one hundred (100) additional square feet of floor space for every additional occupant, the floor space to be calculated on the basis of total habitable room area.

B.    In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least seventy (70) square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least fifty (50) square feet of floor space for each occupant.

C.    No dwelling or dwelling unit containing two or more sleeping rooms shall have room arrangements such that access to a bathroom or water closet compartment intended for use by occupants of more than one sleeping room can be had only by going through another sleeping room; nor shall room arrangements be such that access to a sleeping room can be had only by going through another sleeping room or a bathroom or water closet compartment.

D.    At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet. The floor area of that part of any room where the ceiling height is less than five feet shall not be considered as part of the floor area in computing the total floor area of the room for the purpose of determining the maximum permissible occupancy thereof.

(Prior code § 150.041)

15.16.080 Use of cellar or basement as habitable room.

No person shall occupy or let to another person for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements.

A.    No cellar space shall be used as a habitable room or dwelling unit.

B.    No basement space shall be used as a habitable room or dwelling unit unless the following requirements are met.

1.    The floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.

2.    The total window area in each room is equal to at least the minimum window area sized as required in Section 15.16.040.

3.    The required minimum window area is located entirely above the grade of the ground adjoining the window area.

4.    The total openable window area in each room is equal to at least the minimum as required in Section 15.16.040B, except where there is supplied some other device affording adequate ventilation and approved by the health officer and the joint department of building commissioners.

5.    The central heating plant of the dwelling in which the habitable room is located is separated from the habitable room by a one-hour fire resistive material.

(Prior code § 150.042)

15.16.090 Owner, occupant responsible for sanitary conditions.

A.    Every owner of a dwelling containing three or more dwelling units shall be responsible for maintaining in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof.

B.    Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit, and premises thereof which he occupies and controls.

(Prior code § 150.043)

15.16.100 Rubbish and garbage disposal.

A.    Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by Section 15.16.030E.

B.    Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents, in a clean and sanitary manner, by placing it in the garbage disposal facilities or garbage storage containers. It shall be the responsibility of the owner to supply the facilities or containers for all dwelling units in a dwelling containing more than four dwelling units and for all dwelling units located on premises where more than four dwelling units share the same premises. In all other cases it shall be the responsibility of the occupant to furnish the facilities or containers.

(Prior code § 150.044)

15.16.110 Screens and storm doors.

Every occupant of a dwelling or dwelling unit shall be responsible for hanging all screens and double or storm doors and windows whenever they are required under the provisions of this chapter, or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply the service.

(Prior code § 150.045)

15.16.120 Extermination of insects.

Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents, or other pests therein on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for the extermination whenever his dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this section, whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

(Prior code § 150.046)

15.16.130 Plumbing fixtures.

Every occupant of a dwelling unit shall keep all plumbing fixtures in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation of the fixtures.

(Prior code § 150.047)

15.16.140 Abatement of unlawful uses.

In case any dwelling, or dwelling unit, or part thereof is used, occupied, or maintained in violation of this chapter, the joint department of building commissioners or the health officer, in addition to the remedies provided in this chapter may institute any appropriate action or proceeding to prevent, restrain, correct, or abate the unlawful use, maintenance, or occupancy, or to prevent any act or correct any condition that is contrary to or illegal under this chapter.

(Prior code § 150.048)

15.16.150 Violations--Notice.

A.    Upon a determination by the joint department of building commissioners, the health officer, or the authorized representative of either of them, that there exists a violation of this title, the joint department of building commissioners, health officer, or authorized representative of either of them may issue a citation to the person responsible for the violation, using the uniform traffic ticket or similar citation form which shall be issued to them.

B.    At the discretion of the joint department of building commissioners or the health officer, a violation of this chapter may be referred to the office of the corporation counsel for legal action without the issuance of a citation.

C.    At the discretion of the joint department of building commissioners or the health officer a violation of this title may be referred to the Evansville board of safety and board of county commissioners for a hearing. In that event, notice of the violation shall be given to the person responsible for the violation. Notice shall be properly served upon the person responsible if a copy is served upon him personally, by certified or registered mail to his last known address, posted in a conspicuous place on or about the structure with which the notice is concerned, or served by any method authorized for service of civil process by the state rules of civil procedure.

D.    Notice of subsection C of this section shall be in writing; include a statement of the reasons for its issuance; allow reasonable time for the performance of any act it requires; and, contain an outline of remedial action which, if taken, will effect compliance with this chapter.

(Prior code § 150.049)

15.16.160 Hearings.

Any person affected by any notice issued by the joint department of building commissioners may request and shall be granted, a hearing on the matter before the Evansville board of public safety or the joint department of building commissioners. Any person affected by any notice issued by the health officer may request and shall be granted a hearing on the matter before the Evansville-Vanderburgh County board of health, provided that the person shall file in the office of the joint department of building commissioners or the health officer, as the case may be, within ten (10) days after service of the notice, a written petition requesting the hearing and setting forth a brief statement of the grounds therefor. On receipt of the petition, the joint department building commissioner or the health officer, respectively, shall arrange a time and place for the hearing and shall give the petitioner written notice thereof. The hearing shall be held as soon as practicable after the receipt of request therefor. At the hearing, the petitioner shall be given an opportunity to be heard and to show cause why the notice should not be complied with.

(Prior code § 150.050)

15.16.170 Injunctions.

In any action or proceeding for the enforcement of the provisions of this chapter, the city of Evansville or this county may apply to a 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 as contemplated herein and the entry of final judgment therein.

(Prior code § 150.051)

15.16.180 Vacant premises.

Whenever the joint department of building commissioners determines that any vacant dwelling, vacant dwelling unit, vacant rooming unit, or vacant building used as a dwelling or premises is unfit for human habitation or is dangerous to the general public, notice shall be given as required in Section 15.16.150 and the dwelling, dwelling unit, rooming unit, or building shall not be supplied with utilities nor sold, leased, rented, or otherwise occupied unless and until the joint department of building commissioners has certified that the dwelling, dwelling unit, rooming unit, or building meets all of the requirements set forth in this chapter. The joint department of building commissioners shall give written notice to the utility companies, including, but not limited to the electric, gas, water, and telephone companies, to terminate service to the dwelling, dwelling unit, rooming unit, or building. The utility shall comply with the termination notice as soon as practicable by terminating service to the unit. However, the joint department of building commissioners may authorize the temporary supply of any utilities necessary to enable the dwelling, dwelling unit, rooming unit, or building to be repaired.

(Prior code § 150.052)

15.16.190 Unfit buildings.

If, after the hearing, the joint department of building commissioners determines that the dwelling or building under construction is dangerous or unfit for human habitation, then the building commissioner or the health officer, as the case may be, shall, within ten (10) days, issue and cause to be served on the owner of the building or dwelling an order.

A.    If the repair, alteration, or improvement of the building or dwelling can be made at a cost of less than fifty (50) percent of the value of the building or dwelling, the order shall require the owner, within the time specified therein, to repair, alter, or improve the building or dwelling so as to render it fit for human habitation or to vacate and close the building or dwelling as a human habitat for any and every use.

B.    If the repair, alteration, or improvement of the building or dwelling cannot be made at a cost of less than fifty (50) percent of the value of the dwelling or building, the order shall require the owner, within the time specified therein, to remove or demolish the building or dwelling.

C.    If the owner of a building or dwelling fails to comply with the order to repair, alter, improve, or vacate and close the building or dwelling the joint department of building commissioners shall cause to be posted on the main entrance to any building or dwelling so closed, a placard with the following words: “This building is dangerous and unfit for human habitation. The use or occupation of this building for human habitation, or any other purpose, is prohibited and unlawful.”

D.    If the owner fails to comply with an order to remove or demolish the building, the joint department of building commissioners may cause the building to be removed or demolished. However, the duties of the joint department of building commissioners, as previously set forth, shall not be exercised until the Evansville board of public safety or the joint department of building commissioners has ordered the building commissioner to proceed to effectuate the purposes of this chapter with respect to the particular property or properties which the joint department of building commissioners have found to be unfit for human habitation or dangerous, and which are described in the order.

E.    The amount of the costs of the repairs, alterations, improvements, or vacating and closing or removal and demolition by the joint department of building commissioners shall be a lien against the real property on which the costs were incurred. The costs shall be placed on city or county tax books against the property and may be collected, and the lien may be foreclosed in the same manner as tax liens are collected and foreclosed, or by suit, as the city of Evansville or this county determines. If a building or dwelling is removed or demolished by the joint department of building commissioners, the materials of the dwelling or building may be sold and the proceeds of the sale credited against the cost of removal or demolition. Any balance remaining shall be deposited in the county superior court by the joint department of building commissioners, to be secured in a manner as may be directed by the court and dispersed by the court to the persons found to be entitled thereto by final order or decree of the court.

F.    Failure on the part of any owner or interested party to receive or have served on him any complaint, notice, or order herein provided for, shall not affect or invalidate the proceedings with respect to any owner or interested party or any other person.

G.    Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order citing the existence of the emergency and requiring that action be taken as he deems necessary to meet the emergency. Notwithstanding the other provisions of this chapter, the order shall be effected immediately. Any person to whom such an order is directed shall comply therewith immediately, but upon petition to the health officer, shall be given a hearing as soon as possible in the manner provided. After the hearing, depending on the finding as to whether the provisions of this title have been complied with, the Evansville board of public safety or the joint department of building commissioners shall continue the order, modify it, or revoke it.

(Prior code § 150.053)

15.16.200 Posting of Street Numbers

To enhance response for emergency services, it shall be the responsibility of each and every property owner, trustee, lessee, agent and occupant of each residence, apartment building, business or industry (“Affected Party”) to purchase, post and maintain address numbers as required under this policy at all times. Each structure to which a street number has been assigned shall have such number or number series displayed in a position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals (or equivalent) at least 3 inches (76 mm) high and a minimum of one-half inch (13 mm) stroke and shall be a contrasting color from the background, house, apartment building, business or industry and be clearly visible night and day. Each required number shall be affixed on the front of the building or on a mailbox located on the same lot in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public street or highway upon which the building abuts. If the structure is 50 feet or more from the road, the address number must be at the entrance to driveway accessing the structure and on the structure if multiple buildings are located on the same drive. The sign at the drive or on a mailbox located on the same lot should be placed perpendicular to the road, or facing the road, so the number can be seen when traveling from either direction. If a structure can be accessed through an alleyway, the numbers must also be posted at the rear of the structure or on an outbuilding adjoining the alley in the same manner they are posted on the front of the structure. Multiple unit structures should display the building number in such a manner as to be visible from the road as outlined above and in addition, unit numbers should be clearly placed at the entrance of each unit. It shall be the duty of the each and every Affected Party, upon affixing a new address number, to remove any conflicting number. It shall be unlawful to cover any address number with any sign, drapery, or other obstruction tending to conceal such number.

Any Affected Party who is in violation of this Section shall receive a notice of such violation from the Vanderburgh County Sheriff and shall then have fifteen (15) days from the date of such notice to cure such violation. If such violation is not cured within such fifteen (15) day period, such Affected Party shall be fined in the amount of Twenty-Five Dollars ($25.00), and shall have another fifteen (15) days to cure such violation. If such violation is not cured during the second fifteen (15) day period, then such Affected Party shall be fined Fifty Dollars ($50.00), and shall have another fifteen (15) days to cure the violation. If such violation is not cured during the third fifteen (15) day period, then such Affected Party shall be fined One Hundred Dollars ($100.00). Thereafter, such Affected Party shall be fined in the amount of One Hundred Dollars ($100.00) following each additional fifteen (15) day period that the Affected Party continues in violation of this Section. All fines shall be deposited in the Office of the Vanderburgh County Treasurer.

If any Affected Party is unable to conform to the specifications for posting of street numbers as set forth in this Section, and wishes to use an alternative method of posting its street number, such alternative method must be approved in advance by the Vanderburgh County Sheriff.