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hereby repealed upon the approval of this Ordinance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)
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(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
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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,
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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
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..........._......................_.._.................................. ....... ....
Subscri� d sworn to before this day of ........................ 19 .....
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Notary Public
Jar.auary 24 1991
My commission exires .............................................