Chapter 15.20 UNSAFE BUILDINGS
Section 15.20.040 Definitions.
15.20.040 Definitions.
The definitions in Indiana Code, 36-7-8-1 through 36-7-9-28,
are adopted, and supplemented as
follows:
"Department" means the department of code enforcement
of the city.
"Enforcement authority" means the chief code enforcement
officer. Said chief code enforcement
officer is the chief administrative officer of the office of the department of code enforcement of the
city. "Assistant code enforcement officer" means the code enforcement officers, other than
the chief
code enforcement officer, employed by the department.
"Hearing authority" means the board of public works
and safety of the city.
"Unsafe building, unsafe premises" means, that which
is set out in Indiana Code, Sections 36-7-9-1 through 36-7-9-28, supplemented by the following:
1. Any building or premises which has
any or all of the conditions or defects hereinafter
described shall be deemed to be unsafe premises, provided that such conditions or defects exist to
the extent that life, limb, health, property, public safety or welfare are endangered;
2. Whenever the stress in any material,
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 any similar
new building or premises, purpose or location;
3. Whenever any portion, member or appurtenance
thereof is likely to fail, to become detached
or dislodged, or to collapse;
4. Whenever any portion of a building
or premises, 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 any similar new building or premises, purpose or location of that specified for any
similar new building or premises, purpose or location without exceeding the working stresses
permitted for such premises;
5. Whenever any portion of a building
or premises 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 any similar new building or premises;
6. Whenever a building or premises, or
any portion thereof, because of: (a) dilapidation,
deterioration or decay; (b) faulty construction; (c) the removal, movement or instability of any
portion of the ground necessary for the purpose of supporting such building or premises; (d) the
deterioration, decay or inadequacy of its foundation; or (e) any other cause, is likely to partially
or
completely collapse;
7. Whenever, for any reason, a building
or premises, or any portion thereof, is manifestly
unsafe for the purpose for which it is being used;
8. Whenever the exterior walls or other
vertical structural members of a building or premises
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;
9. Whenever a building or premises, exclusive
of the foundation, shows thirty-three percent or
more damage or deterioration of its supporting member or members, or fifty percent damage or
deterioration of its non-supporting members, enclosing or outside walls or coverings;
10. Whenever a building or premises has
been so damaged by fire, wind, earthquake or flood
or has become so dilapidated or deteriorated as to become: (a) an attractive nuisance to children, or
(b) freely accessible to persons for the purpose of committing unlawful acts;
11. Whenever any building or premises
has been constructed, exists or is maintained in
violation of any specific requirement or prohibition applicable to such building or premises as
provided by this chapter, this code or the laws of the state;
12. Whenever any building or premises
which, whether or not erected in accordance with all
applicable laws and ordinances, has in any nonsupporting part, member or portion less than fifty
percent, or in any supporting part, member or portion less than sixty-six percent of the (a) strength,
(b) fire-resisting qualities or characteristics, or (c) weather-resisting qualities or characteristics
required by law in the case of any newly constructed building or premises of like area, height and
occupancy in the same location;
13. Whenever any building or premises
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 to be
unsanitary;
14. Whenever any building or premises,
because of obsolescence, dilapidated condition,
deterioration, damage, inadequate exits, lack of sufficient fire-resisting construction, faulty electric
wiring, gas connections or heating apparatus, or other cause, is determined to be a fire hazard;
15. Whenever any portion of a building
or premises remain on a site after the demolition or
destruction of the building or premises or whenever any building or premises is abandoned for a
period in excess of six months so as to constitute an attractive nuisance or hazard to the public.
(Prior code § 5-49)