§ 150.24. UNSAFE STRUCTURES.

(A) Under the provisions of I.C. 36-7-9, there is hereby established the Unsafe Building Law.

(B) Indiana Code 36-7-9-1 through 36-7-9-28 is hereby incorporated by reference in the Unsafe Building Law. All proceedings within the jurisdiction of the town for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this section. In the event the provisions of this section conflict with the provisions of I.C. 36-7-9-1 through 36-7-9-28, then the provisions of the state statue shall control.

(C) All buildings or portions thereof within the municipal boundaries of the town which are determined after inspection by the Building Commissioner, or his or her designee, or any other official appointed by the Town Council, to be unsafe as defined in this section or in I.C. 36-7-9-1 et seq., are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.

(D) The Building Commissioner, or his or her designee, or any other official appointed by the Town Council, shall be considered the "enforcement authority" for the implementation of this section and shall be authorized to administer and to proceed under the provisions of said law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified hereafter.

(E) Wherever in the Unsafe Building Law it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner, or any other officer of the town, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance have been complied with; and no such provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner.

(F) The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the jurisdiction of the Town of Cicero, Hamilton County, Indiana, by adding the following definition:

UNSAFE BUILDING. Any building or structure which has any or all of the conditions or defects hereinafter described, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered:

(a) Whenever any door, aisle, passageway, or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic.

(b) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic.

(c) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than 1-1/2 times the working stress or stresses allowed for new buildings of similar structure, purpose, or location.

(d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or 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.

(e) Whenever any portion, member or appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.

(f) Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of 1/2 of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings.

(g) Whenever any portion thereof has 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.

(h) Whenever the building or structure, or any portion thereof, because of:

1. Dilapidation, deterioration, or decay;

2. Faulty construction;

3. The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;

4. The deterioration, decay, or inadequacy of its foundation; or

5. Any other cause, is likely to partially or completely collapse.

(i) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe of the purpose for which it is being used.

(j) Whenever the exterior walls or other vertical structural members list, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle 1/3 of the base.

(k) Whenever the building or structure, exclusive of the foundations, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing or outside walls or coverings.

(l) Whenever the building or structure has been so damaged by fire, wind, earthquake, or flood or has become so dilapidated or deteriorated so as to become:

1. An attractive nuisance to children; or

2. Freely accessible to persons for the purpose of committing unlawful acts.

(m) Whenever any building or structure has been constructed, exists, or is maintained in violation of any building or structure provided by the building regulations of the town, or of any law or ordinance of this state or the town relating to the condition, location, or structure of buildings.

(n) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any non-supporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the:

1. Strength;

2. Fire-resisting qualities or characteristics; or

3. Weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height, and occupancy in the same location.

(o) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise, is determined by the Hamilton County Sanitarian to be unsanitary, unfit or human habitation, or in such a condition that is likely to cause sickness or disease.

(p) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction is determined by the local Fire Chief or State Fire Marshal to be a fire hazard.

(q) Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.

(G) The definition of "substantial property interest" set forth in I.C. 36-7-9-2 is hereby incorporated by reference herein as if copied in full.

(H) All work for the reconstruction, 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 building laws, as defined in I.C. 22-12-1-3, and as amended from time to time, adopted as rules of the Fire Prevention and Building Safety Commission shall be considered standard and acceptable practice for all matters covered by this section or orders issued pursuant to this section by the Building Commissioner, or his or her designee, or any other official appointed by the Town Council.

(I) An Unsafe Building Fund is hereby established in the operating budget of the town in accordance with the provisions of I.C. 36-7-9-14.

(J) No person, firm, or corporation, whether as owner, lessee, sublessee or occupancy, 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 any of the provisions of this section or any order issued by the Building Commissioner. Any person violating the provisions of this section or I.C. 36- 7-9-28 shall commit a Class C infraction for each day such violation continues.

(K) The Town Council shall be and is hereby designated as the "Hearing Authority" in connection with the terms and provisions of this section and I.C. 36-7- 9-1 et. seq.

(Ord. 03-04-2008, passed 4-15-08)