CHAPTER
62
UNSAFE
BUILDING CODE
4 – 62.1
Title
Under the provisions of Indiana Code 36-7-9, there is hereby established the Vigo County Unsafe Building Law.
4 – 62.2
Purpose
Indiana Code 36-7-9 through 36-7-9-28 is hereby incorporated by reference in the Vigo County Unsafe Building Law. All proceedings within the County of Vigo for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this ordinance. In the event the provisions of this ordinance conflict with the previsions of Indiana Code 36-7-9-1 through 36-8-9-28, then the provisions of the state statute shall control.
4 – 62.3
Scope
All buildings or pardons thereof within the County of Vigo and outside the boundaries of the incorporated areas of the City of Terre Haute which are determined after inspection by the Building Inspector to be unsafe as defined in this ordinance and/or the referenced State Statute are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.
4 – 62.4
Authority
4 – 62.4-a The Building Inspector of Vigo County, as Chief Administrative Officer of the Department of Inspection, hereinafter referred to as the Building Inspector, is authorized to administer and to proceed under the previsions of said law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified hereafter.
4 – 61.20-b Wherever in the building regulations of Vigo County or the Vigo County Unsafe Building Law, it is provided that anything must be done to the approval of or subject to the direction of the Building Inspector, or any other officer of Vigo County, 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 statute or ordinance or to enforce such provisions in an arbitrary or discretionary manner.
4 – 62.5
Penalty
No person, firm, or corporation, whether as owner, lessee, sub-lessee or occupant, shall erred, 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 State statute or any order issued by the Building Inspector. Any person violating the provisions of this ordinance or I.C. 36-7-9-28 shall commit a Class C infraction far each day such violation continues.
4 – 62.6
Definitions
The description of an unsafe building contained in Indiana Code 36-7-9-4 is incorporated herein and is hereby supplemented to provide minimum standards far building condition or maintenance in Vigo County, Indiana, by adding the following definition:
4 – 62.6-1 Usafe Building means 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 the occupants are endangered.
4 – 62.6-1.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.
4 – 62.6-1.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.
4 – 62.6-1.c Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is mare than one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose, or location.
4 – 62.6-1.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.
4 – 62.6-1.e Whenever any portion, member of appurtenance thereof is likely to fail, to become detached or dislodged, or to collapse and thereby injure persons or damage property.
4 – 62.6-1.f Whenever any portion of a building, or any member, appurtenance, or ornamentation an 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 (1/2) of that specified far new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings.
4 – 62.6-1.g Whenever any portion thereof is 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.
4 – 62.6-1.h Whenever the building or structure, or any portion thereof, because of;
4 – 62.6-1.h-1 Dilapidation, deterioration, or decay;
4 – 62.6-1.h-2 Faulty construction;
4 – 62.6-1.h-3 The removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building;
4 – 62.6-1.h-4 The deterioration, decay, or inadequacy of its foundation; or
4 – 62.6-1.h-5 Any other cause is likely to partially or completely collapse.
4 – 62.6-1.i Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
4 – 62.6-1.j Whenever the building or structure, exclusive of the foundation, shows thirty-three percent (33%) or more damage or deterioration of its supporting member or members, or fifty percent (50%) damage or
deterioration of its non-supporting members, enclosing or outside walls or
coverings.
4 – 62.6-1.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;
4 – 62.6-1.k-1 An attractive nuisance to children, or
4 – 62.6-1.k-2 Freely accessible to persons for the purpose of committing
unauthorized or unlawful acts.
4 – 62.6-1.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 Vigo County, or of any law or ordinance of this State or Vigo County relating to the condition, location, or structure of buildings.
4 – 62.6-1.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 (50%), or in any
supporting part, member, or portion less than sixty-six percent (66%) of the;
4 – 62.6-1.m-1 Strength;
4 – 62.6-1.m-2 Fire-resisting qualities or characteristics, or
4 – 62.6-1.m-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 locations.
4 – 62.6-1.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 arrangement, inadequate utilities, light, air or sanitation facilities, or otherwise, is determined by the Vigo County Health Department to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.
4 – 62.6-1.o Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire resistive construction is determined by an established Fire Department to be a fire hazard.
4 – 62.6-1.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 (6) months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
4 – 62.6-2 Substantial Property Interest.
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. ,
4 – 62.7
Standards And Practices
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 law, as defined in I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this ordinance or orders issued pursuant to this ordinance by the Building Inspector of Vigo County, Indiana.
4 – 62.8
Severability
If any part of this ordinance shall be held invalid, such part shall be deemed severable and the invalidity thereof shall not effect the remaining parts of this ordinance.
4 – 62.9
Effective Date
This ordinance shall be in full force and effect from and after its passage and adoption by the Board of Commissioners and publication as required by State law.
PASSED AND ADOPTED BY THE BOARD OF COMMISSIONERS OF VIGO COUNTY, INDIANA, on this 2nd day of March, 1998.
Signatory, William J. Decker
William J. Decker
Signatory, P. James Diehl
P. James Diehl
Signatory, C. Joseph Anderson, Jr.
C. Joseph Anderson, Jr.
ATTEST:
Signatory, Judith A. Anderson
Judith A. Anderson, Auditor