Loading...
HomeMy Public PortalAbout031-1988- ORDINANCE PROVIDING FOR THE INSPECTION REPAIR AND REMOVAL OF UNSAFE BUILDINGS WITHIN THE CITYORDINANCE NO. 31-1988 AN ORDINANCE PROVIDING FOR THE INSPECTION,REPAIR OR REMOVAL OF UNSAFE BUILDINGS WITHIN THE CITY AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCE IN CONFLICT THEREWITH. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, as follows: Section 1. That Ordinance No. 12-1985 and all amendments thereto, being Chapter 98 of the Code of Ordinances of the City of Richmond, Indiana, is hereby repealed upon the approval of this Ordinance by the Indiana Fire Prevention and Building Safety Commission and publication as required by law. Section 2. That this Ordinance is hereby adopted; and upon the approval of this Ordinance by the Indiana Fire Prevention and Building Safety Commission and publication as required by law, this Ordinance shall become Chapter 98 of the Code of Ordinances of the City of Richmond, Indiana and shall read as follows: 98.01 Under the provisions of Indiana Code 36-7-9 there is hereby established the Unsafe Building Ordinance of the City of Richmond, Indiana. 98.02 Indiana Code Sections 36-7-9-1, 36-7-9-2 as amended herein, 36-7-9-3 through 36-7-9-10, 36-7-9-11, and 36-7-9-12 as amended herein, and 36-7-9-13 through 36-7-9-28 are hereby adopted by reference as the Unsafe Building Ordinance of the City of Richmond, Indiana, together with any and all amendments thereto that are made following this date. All proceedings in the City of Richmond, Indiana for 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 provisions of Indiana Code 36-7-9, then the provisions of the State Statute shall control. The definitions as stated in Indiana Code 36-7-9-2 are hereby amended and the following definitions shall apply in the enforecement of this Ordinance. 1. GENERAL - Words in the singular include the plural and words in the plural include the singular. The word "persons" includes a corporation, unincorporated association and "building" includes "structure" and shall be construed as if followed by the words "or part thereof". 2. DEPARTMENT - refers to the Department of Planning, Permits and Inspections of the City of Richmond, Indiana. 3. ENFORCEMENT AUTHORITY - refers to the Director of the Department of Planning, Permits and Inspections of the City of Richmond, Indiana, hereinafter referred to as the Director or his authorized representative. ORDINANCE NO. 31-1988 Page 2 4. HEARING AUTHORITY - refers to the Board of Public Works and Safety of the City of Richmond, Indiana 5. SUBSTANTIAL PROPERTY - 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. 98.04 All buildings or portions thereof within the City of Richmond, Indiana which are determined, after inspection by the Director, or his authorized representative, 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 in accordance with the procedures specified in the Unsafe Building Ordinance of the City of Richmond, Indiana. 98.05 The Director, as chief administrative officer of the Department of Planning, Permits and Inspections, or his authorized representative, 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 defined by State Law adopted herein and the definition as set forth herein. 98.06 Wherever in the Building Code of the City of Richmond, Indiana or the Unsafe Building Ordinance of the City of Richmond, Indiana, it is provided that any thing must be done to the approval of or subject to the direction of the Director, or any other officer of the City, 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. 98.07 The description of an unsafe building contained in Indiana Code 37-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the City of Richmond, Indiana by adding the following to said 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) 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. ORDINANCE NO. 31-1988 Page 3 (c) Whenever the stress in any materials, 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 new buildings of similar structure, purpose, or location. (d) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or 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 one-half 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 cracked, 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 for 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 one-third of the base. (k) 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 covering. (1) 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, exist, or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the Building Code of the City of Richmond, Indiana, or of any law or ordinance of the State of Indiana or the City of Richmond relating to the condition, location, or structure of buildings. ORDINANCE 31-1988 Page 4 (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 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 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 Wayne County Health Department to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease. (p) Whenever any building or structurae, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire -resistive construction is determined by the Richmond Fire Department 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 of 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. 98.08 All work for the reconstruction, 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 building laws, as defined in T.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission of Indiana, shall be considered standard acceptable practice for all matters covered by this Ordinance or orders issued pursuant to this Ordinance by the Director of the Department of Planning, Permits, or an authorized representative of the City of Richmond, Indiana. 98.09 An unsafe building fund is hereby established in the operating budget of the Department of Planning, Permits, and Inspections in accordance with the provisions of Indiana Code 36-7-9-14. 98.10 In any instance where the words "contractor" or "contractor licensed and qualified under law" are used in Sections I.C. 36-7-9-11, I.C. 36-7-9-12 or any other Sections of the statute, as adopted herein, requirements are modified in that any contractor approved by the Director may perform any work that is required in complying with the Orders of the Director. 98.11 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 ORDINANCE 31-1988 Page 5 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 Director or his authorized representative. Any person violating the provisions of the Ordinance or I.C. 36-7-9-28 shall commit a Class C infraction for each day such violation continues. 98.12 Should any section, paragraph, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be affected thereby . 98.13 The provisions of this Ordinance shall supersede any provisions of prior Ordinances in conflict with the provisions contained herein. Section 3. This Ordinance shall be in full force and effect from and after is adoption, approval by the Fire Prevention and Building Safety Commission of the State of Indiana, and publication as required by law PASSED AND ADOPTED by the Common C ncil of the City of Richmond, this (o day of ,1988. y6j, Pre dent of ommon Council ATTEST; �422,9,4.22!,��ix City ClArk PRESENTED by me to the Mayor of City of Richmond, Indiana, this 74� day of ,1988. APPROVED by me, Frank H. waltermann, Mayor of the City of Richmond, Indiana, this % t-( day of , 1988. Mayor ENDORSEMENT: Approved this day of ,1988, by the Fire Prevention and Building Safe mission of the State of Indiana. Chairman �A Secre tary Form Prescribed by State Board of Accounts - Cweral Form Na. 99 P (Rev. 1967) .. _t;> ...l.[?3 7;-- .. t..y r.... x iC';snoT€? ............. To ...................Palladium PublishingCorporation„•,•,,,. Dr. ......i............... (Governmental Unit) 1175 North A Street ......................................Wayne....,...,,,,,, County, ° Indiana Richmond Indiana 47374 PUBLISHER'S CLAIM LINE COUNT Display Matter (Must not exceed two actual lines, neither of which shall total more than four solid lines of the type in which the body of the advertisement is set) number of equivalent lines ........................ Head — number of lines ........................ Body — number of lines 'r Tail — number of lines Total number of lines in notice 3 COMPUTATION OF CHARGES ........ Q...... lines, .....� ??.......... columns wide equals ........ equivalent 10. lines at ........ 2:�., 3 ....... cents per line $ ......'................... Additional charge for notices containing rule or tabular work • • • ................. (50 per cent of above amount) ........................ Charge for extra proofs of publication ($1.00 for each proof in excess of two) • • • • • ............ • • • • • • • l;l 7 TOTAL AMOUNT OF CLAIM $......................... DATA FOR COMPUTING COST Width of single column 8 ems Size of type 6 point Number of insertions ......I Size of quad upon which type is cast ._.. Pursuant to the procisions and penalties of Ch. 155, Acts 1953, I hereby certify that the foregoing account is just and correct, that the amount is legally due, aa allowing all just credits, and that no part of the same has been paid. L / Date: ............................. 19 ...... Title .................................................................. PUBLISHER'S AFFIDAVIT State of Indiana ) ...... Wayne ...... County) ss Personally appeared before me, a notary public in and for said county and state, eronalCl D. Lrle, C 51?ic�.. the undersigned ................................ who, being duly sworn, says that he is ................ of the Palladium -Item a daily newspaper of general circulation printed and published in the English language in the (city) of Richmond, Indiana in state and county aforesaid, and that the printed matter attached hereto is a true copy, which was duly published in said paper for....:.` Ifime...... the dates of publication being as follows: .................... w; 1 once a_ ?..7` ................................................................................. .... ..........._......................_.._.................................. ....... .... Subscri� d sworn to before this day of ........................ 19 ..... ... ............. Notary Public Jar.auary 24 1991 My commission exires .............................................