HomeMy WebLinkAbout1984-OR-18AN ORDINANCE PROVIDING FOR THE INSPECTION, REPAIR, OR REMOVAL OF UNSAFE BUILDINGS
WITHIN THE Cit~ of Jeffersonville, In..
Be it ordai~led by the Common of Council , Indiana, that:
1. Under the provisions of Indiana Code 36-7-9, there is hereby established
the ,,,~ity of Jeffer$or~ille U~af~ Buildir~ ,Law ~]
2. Indiana Code 36-7-9-1 through 36-7-9-28 is hereby adopted by reference aS The Ci
of J~ffersonville Unsafe Building Law. All proceedingS,!within theclty'ofJefferso~lle,
for ~he inspection, repair, and removal of unsafe~'buildings shall be governed'"
by said law and the provisions of this ordinance. In the event the provisions
r '
of this o dlnance conflict with the provisions of Indiana Code 36-7-9-1 through
36-7-9-28, then the provisions of the state statute shall control.
3. All buildings or portions thereof within thecityof Jeffersor, villewhich are
determined after inspection by the building commissioner to be unsafe as defined
in this ordinance are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition, or removal .
4. The City of JeffervlBuilding Commissioner, as chief administrative officer of the
Department Of Buildinss ,.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.
5. Wherever in the building regulations of the City?~ Jeffers~vit~e or the city of
3effersonvill~!nsafe Building Law, it is provided that'anything must be ~one to the
approval of or subject to the direction of the Building Commissioner, or any
other officer of thecityof J'V, this shall be construed to give such officer only
the discretion of det~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.
6. The description of an unsafe building contained in Indiana Code 36-7-9-4
is hereby supplemented to provide minimum standards for building condition or
maintenance in the City of Jeffer~onville ., Indiana, by adding the following
definition:
uNSAFE BUILDING: Any building or structure which has any or all of the conditions
or defects hereinafter 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) Wenever 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 time~ the
working stress or stresses allowed for n~w 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 strucutral
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 permited 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 (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.
(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
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.
(k) 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.
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(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 city , or of any law or ordinance of this state or the City o£ Jelled-
relating to the condition, location, or structure of buildings. . sonvill(
' (m) 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 fiftY percent, or in any supporting part,
member, or portion less than sixty-six percent 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.
(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
otherwise, is determined by the (Health Official) to be unsanitary,
facilities, or ........ ~- +~+ ~ ~kel'~ to cauSe sickness
unfit for human habitation, or in sucn ~ ~unu,~,~- ...... l' ~
or disease.
(o) Whenever any building or structure, because of obsolescence, dilap-
idated 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 Ifire official) to be a fire
~azard.
<p) 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.
7. The definition of "substantial property interest" set forth in IC 36-7-9-2
is hereby incorporated by reference herein as if copied in full.
· n
8. All work for the reconstructlo , 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 pertaining to construction, plumbing, electrical, mechanical, and
one and two family dwellings, promulgated by the Administrative Building Council
of Indiana, shall be considered standard and acceptable practice for all matters
covered by this ordinance or orders issued pursuant to this ordinance by the
Building Commissioner of the city of Je{~e~8o~vil?Indiana.
9. An Unsafe Building Fund is hereby, e~tablished in the operating budget of the
C~t~Fof Jeffe~$(Tm~lke in accordance with the prowslons of IC 36-7-9-14.
lO. 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 any of the provisions
of this ordinance or any order issued by the city Any person violating the
provisions of this ordinance or IC36-7-9-28 shall commit a Class C infraction for
each day such violation continues.
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11. Should any section, paragraph, sentence, clause or phrase
of this ordinance be declared unconstitutional or invalid for
any reasons, the remainder of said ordinance shall be affected
thereby.
.~his ordinance shall be in fu31 force and effect on the
12~ day of /~d~,~ , 19~___~,
according
to
the
laws
of the State of Yn'diana. AIl fc~rmer ordinances which c0nf]ict
with this ordinance are hereby repeale.d.
Passed this ~ day of /~~ , 1984.
ATTEST:
C. RICHARD SPENC
CLERK-TREASURER
of Jeffersonville this ~" day of .. . , 1984.
C. R~ARD SPENCE~
CLERK-TREASURER
Approved and signed by me this
1984.
~-- day of ~,
M~[YO~R--T~ALE L. OREM