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HomeMy Public PortalAbout013-1985- ESTABLISHING AS PART OF THE BUILDING CODE A UNIFORM STANDARD FOR THE SEALING OF A VACANT BUILDINGS AND STRUCTURESAMENDED ORDINANCE NO. 13-1985 AN ORDINANCE ESTABLISHING AS A PART OF THE BUILDING CODE OF THE CITY OF RICHMOND, INDIANA, A UNIFORM STANDARD FOR THE SEALING OF VACANT BUILDINGS AND STRUCTURES AND ALSO ESTABLISHING MINIMUM STANDARDS FOR THE CONDITION, REPAIR AND MAINTENANCE OF THE EXTERIOR OF PROPERTY, PREMISES, BUILDINGS AND STRUCTURES. WHEREAS, vacant structures and buildings that are open and unsecure are an attractive nuisance, are capable of being a fire hazard and represent an imminent danger to life, limb or property; and WHEREAS, property, premises, buildings and structures that are not maintained to minimum standards and are in a poor state of repair or condition constitute a blighting influence on adjoining property and represent a hazard to the general health, safety and welfare; and, WHEREAS, the intent of this Ordinance is to establish as a part of the Building Code of the City of Richmond, Indiana, standards for the sealing of vacant buildings and structures and standards for the repair and maintenance of property, premises, buildings and structures. NOW THEREFORE BE IT ORDAINED by the Common Council of the City of Richmond, Indiana,, as follows: SECTION 1. That this Ordinance is hereby adopted as a part of the Building Code of the City of Richmond, Indiana. This Ordinance shall become Chapter 150.03 of the Code of Ordinances of the City of Richmond, Indiana. SECTION 2. (a) That the sealing and securing of any vacant building or structure, including any work performed subject to an Order and issued under the Unsafe Building Ordinance of the City of Richmond, Indiana, or any work performed by an owner of his own initiative, shall be required to be accomplished pursuant to the following uniform standard: Screws or double headed nails shall be utilized to fasten one-half (1/2) inch exterior grade plywood to all exterior openings of every floor. The plywood shall be cut and installed to precisely fit each opening so as to present a neat, workmanlike appearance. The plywood shall be painted white or other neutral color. (b) Prior to the sealing and securing of any vacant building or structure, the building or structure shall be cleared of all human inhabitants. SECTION 3. That any building or structure that has been sealed and secured shall be repaired and rehabilitated as required to bring said building or structure into compliance with the present Building Code of the City of Richmond, Indiana, prior to said building or structure being again occupied or used. SECTION 4. That any building or structure that has been vacant for more than six (6) months may be deemed to be an unsafe building pursuant to the Unsafe Building Ordinance of the City of Richmond, Indiana. SECTION 5. That the exterior of all premises and the condition of all buildings and structures thereon shall be maintained so that the appearance thereof shall reflect a level of maintenance in keeping with the standards of the City and so as to avoid blighting effects and hazards to health, safety, and welfare. The owner and operator shall keep the exterior of all premises and every structure thereon including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, refuse or garbage containers, store fronts, signs, windows, doors, awnings and marquees, in good repair, and all surfaces thereof shall be kept painted or protected with other approved coating or material where necessary for the purpose of preservation and avoiding a blighting influence on adjoining properties. Exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose or peeling paint or covering. Those surface materials whose appearance and maintenance would be enhanced by a natural weathering effect or other natural effects may remain untreated. All Surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, peeling paint, when such peeling consists of at least 33 1/3 % of the surface area, or other conditions reflective of deterioration or inadequate maintenance, and not show evidence of weathering, discoloration, ripping, tearing, or other holes or breaks, to the end that the property itself may be preserved safely and fire hazards eliminated adjoining properties and the neighborhood protected form blighting influences. All premises shall be maintained and lawn, hedges, bushes, trees and other vegetation shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view or where such vegetation may constitute a blighting influence on adjoining property. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure, and sanitary condition as provided herein so as not to cause a blighting problem or adversely effect the public health or safety. SECTION 6. That the Director of the Department of Planning, Permits and Inspections shall request the City Attorney to bring action on behalf of the City in the Circuit or Superior Courts of Wayne County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Director or his authorized representative, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Ordinance. Any person adjudged guilty of a violation of this Ordinance may also be adjudged to pay the costs of prosecution. The owner of the property shall be notified in writing stating that the property owner shall have a maximum of thirty (30) days to comply with the standards of maintenance as outlined in this Ordinance, after which time if the property owner has not complied, a fine shall be assessed as provided for in Section 7 of this Ordinance. SECTION 7. That if any property owner violates the provisions of this ordinance, said property owner shall be notified in writing of such violation. The Director of the Department of Planning, Permits and Inspections shall send a "Violation Notice" by certified mail or by delivery in person to the property owner found to be in violation of this ordinance and that said person shall have a maximum of 15 days to complete and return a form letter indicating agreement to "Correct the Violation within 30 days" or to "Appeal the Violation". Upon receipt of a request for an appeal the director shall notify the appellant in writing of the place and dates to schedule an appeal. The property owner may appeal "The Violation",, "The Compliance Requirements", or "The Completion Date". Upon presentation of convincing evidence the Board of Public Works and Safety may negotiate an adjusted "Compliance Schedule" commensurate with the evidence presented and in keeping with the ordinance. Proof of Hardship: Upon proof of hardship a resident —owner may be granted a continuance and be excepted from fines for those violations requiring the expenditure of unavailable funds provided that said violations do not adversely affect the public health or safety. Failure to comply: In the event the owner failed to respond to any of the above procedure the owner would be found in violation of the ordinance and fined accordingly, pursuant to Section 10.99 of the City Code. Notice of such violation shall be by written notice in form as approved by the Board of Public Works and Safety, and notice shall include a statement of the nature of the violation, location of City Clerk's Office, identification of the violator and identification of issuing official. Enforcement of this Ordinance shall be by the Director of the Department of Planning, Permits and Inspections or his authorized representative. Failure to remit fine within five (5) days shall result in issue of summons for said violation in the proper court of jurisdiction. SECTION 8. (a) That the Board of Public Works and Safety shall have the authority to grant special variances or relief to any provisions or requirements of this Ordinance and may prescribe any conditions or requirements deemed necessary to minimize adverse effects upon the community. (b) The Board of Public Works and Safety may develop standards and procedures for the implementation and enforcement of these provisions. SECTION 9. That if any section, sub -section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provisions and such holding shall not effect the validity of the remaining portions hereof. SECTION 10. That the provisions of this Ordinance shall supersede any provisions of prior Ordinances in conflict with the provisions contained herein. SECTION 11. This Ordinance shall be in full force and effect from and after its adoption, approval and publication as required by law. PASSED AND ADOPTED by the Common Council of the City of Richmond, Indiana this 3„Oc day of7rJ & , 1986. &'/L.P/h President of Common Council ATTEST: '_�l q ,r,r_�%7_P City Cl rk PRESENTED by me to the Mayor of the City of Richmond, Indiana, this day ofMa4t4 1986. iM�a.��1� APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond, Indiana this 7 day of % , 1986. Mayor ATTEST : / ! 7g&&4 �.Lr�'i/"t City Cle k -�,'0000334 C„.l;z;' C"LU. ?•:- a. j cx". xC'.;= F"€r PalladiutnPu....WngCorporation......... Dr. _........................... To .................. ....... (Governmental Unit) 1175 North A Street Richmond •Indiana 47374 ............_................................................... County, Indiana.........................g.............—..,...:I.......................................... € PUBLISHER'S CLAW LINE COUNT r 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 advertisemenWa. r--- - number of equivalent lines Head — number of lines '-""'-' """"""" 2 Body — number of lines ............... I ........ Tail -- number of lines 29 Total number of lines in notice COMPUTATION OF CHARGES v^�71 lines . ................... columns wide equals ........`:........ equivalent lines at .........!.`'" ::. �.... cents per line Additional charge £or notices containing rule or tabular work ""'.'...""....-'.. (50 per cent of above amount) ........................ Charge for extra proofs of publication (50 cents for each proof in excess of two) -'...... •............ ......... 2-G $ TOTAL AMOUNT OF CLAIM a """""' DATA FOR COMPUTING COST Width of single column 9 etas Size of type 6 point Number of insertions ........ 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, aft allowing all just credi n that no part of the same has been paid. MS �i rr 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, z€7s2c3Ir 1). T".r w 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 fill f- for.......... time....., the dates of publication being as follows: ........................................... ........................................................................... ................... ......... 1 /7", t rz« F Su d sworn to before me is ..... ...... day of ......................... 19 ..... otary Public Jm-nnary ?A, 9r'7 My commission exires............................................ 030885--3 City Clerk -City Of Richmond To Palladium Publishing Corporation;,,.„.-. Dr. ................................................... (Governmental Unit) 1175 North A Street County, Indiana ........ nichmond, 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 2 Head — number of lines ........................ .. Body — number of lines ....... • • ...... • • • • Tail — number of lines 29 Total number of lines in notice COMPUTATION OF CHARGES ......2 ......... lines, ....PPA....... columns wide equals ......�P........ equivalent lines at ........ cents per line Additional charge for notices containing rule or tabular work (50 per cent of above amount) Charge for extra proofs of publication (50 cents for each proof in excess of two) TOTAL AMOUNT OF CLAIM DATA FOR COMPUTING COST Width of single column 9 ems Number of insertions ........ Size of type 6 point 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 le�cdlafterotvingall j=credjtd part of the same has been paid. Date: ............14 as Cashier ....... I... , 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, the undersigned gP40..A*... Prlk who, being duly sworn, says that he is .CALLdbiOr of the Palladium -Item a daily newspaper of general circulation printed and published in the English Ianguage 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 one , for.......... tame....., the dates of publication being as follows: ........................................... N'ar. S. 1985 ........................................................................... ....................... ..... .............. ...................................... ..... Subscri d d sworn to before me 's . a..4th... ... day of ...... 198�. `���.......... ...... ..........� ""'V'irginia'-�C�. Ccieinati� N aryPublic January 24, 1907 My commission exires ............................ ....