Loading...
HomeMy Public PortalAbout012-1985- REPEALING ORDINANCE 100-1979 AND ALL AMENDMENTS THERETO AND ADOPTING A NEW ORDINANCE FOR THE ENFORCEMENT OF BUILDING STANDARDSORDINANCE NO. 12 -1985 AN ORDINANCE REPEALING ORDINANCE NO. 100-1979 AND ALL AMENDMENTS THERETO AND ADOPTING A NEW ORDINANCE FOR THE ENFORCEMENT OF BUILDING STANDARDS PROVIDING FOR THE INSPECTION, REPAIR OR REMOVAL OF UNSAFE BUILDINGS WITHIN THE CITY OF RICHMOND, INDIANA. WHEREAS,tbe Common Council of the City of Richmond, Indiana has adopted Ordinance No. 100-1979 providing for the abatement of unsafe buildings for the protection and general welfare of the citizens of Richmond, Indiana; and, WHEREAS, Ordinance No. 100-1979 is based on State Statute I.C. 18-5-5 which was repealed effective September 1, 1982; and, WHEREAS, under the current provisions of State Statute I.C. 36-7-9 enables the establishment of an unsafe building ordinance which provides for the inspection, repair or removal of unsafe buildings. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana, as follows: SECTION 1.That Ordinance No. 100-1979 and all amendments thereto, being Chapter 98 of the Code of Ordinances of the City of Richmond, Indiana is hereby repealed. SECTION 2,That this Ordinance is hereby adopted and 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 36-7-9-3 there is hereby established the Unsafe Building Ordinance of the City of Richmond, Indiana 98.02 Indiana Code Sections 35-7-9-1, 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. 98.03 The definitions as stated in Indiana Code 36-7-9-2 are hereby amended and the following definitions shall apply in the enforcement 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 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 Planning Director or his authorized representative. 4. HEARING AUTHORITY - refers to the Board of Public Works and Safety of the City of Richmond, Indiana. 5. SUBSTANTIAL PROPERTY INTEREST - means any right in real property that may be affected in a substantial way by actions authorized by this Ordinance, including a fee interest, a life estate, a future interest, a present possessory interest or an equitable interest of a contract purchaser. The interest reflected by a deed, lease, license, mortgage, land sale contract, or lien is not a sub-stantial property interest unless the deed, lease, license, mortgage, land sale contract, lien or evidence of it is: a. recorded in the office of the Wayne County Recorder; or, b. The subject of a written information that is received by the Planning Director and includes the name and address of the holder of the interest described. 98.04 All buildings or portions thereof within the City of Richmond, Indiana which are determined, after inspection by the Planning Director 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 Planning 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 anything must be done to the approval of or subject to the direction of the Planning 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 manner. 98.07 The definition 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 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 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. c. 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. d. Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or disloged, 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 -2- one-half of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted 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 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, of 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. 1. 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 Code of this City or of any law or Ordinance of this State or City relating to the condition, location, or structure of buildings. 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 facilities, or otherwise, is determined by the Wayne County Health Department to be unsanitary, unfit or human habitation, or in such a condition that is likely to cause sickness or disease. o. Whenever any building or structure, because of obsolescence, dilapidated 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 Richmond Fire Department to be a fire hazard. 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. q. Any building or structure in such a condition as to constitute a public nuisance known to the common law or equity jurisprudence. -3- 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 rules and regulations pertaining to construction, plumbing, electrical, mechanical and one and two family dwellings, promulgated by 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 Planning Director 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 36-7-9-12 and pursuant to the provisions contained therein any balance remaining at the end of a fiscal year shall be carried over in the fund for the following year and does not revert to the general fund. 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 Planning Director may perform any work that is required in complying with the Orders of the Planning 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 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 Planning Director. Any person violating the provisions of this Ordinance or I.C. 36-7-8-28 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 its passage and approval as by law required. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana, this 3rd day of June, 1985. ATTEST:' Qit� City Clerk �L President of Common Council -4- PRESENTED by me to the Mayor of the City of Richmond, Indiana this 4th day of June, 1985. City Cle APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana, this 4th day of June, 1985. Mayor ATTEST:(j/I�f/1 City Cler