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
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(Governmental Unit) 1175 North A Street
Richmond •Indiana 47374
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PUBLISHER'S CLAW
LINE COUNT r
Display Matter (Must not exceed two actual lines, neither of which shall total more
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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
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lines . ................... columns wide equals ........`:........ equivalent
lines at .........!.`'" ::. �.... cents per line
Additional charge £or notices containing rule or tabular work ""'.'...""....-'..
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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.
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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
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for.......... time....., the dates of publication being as follows: ...........................................
........................................................................... ................... .........
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Su d sworn to before me is ..... ...... day of ......................... 19 .....
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Jm-nnary ?A, 9r'7
My commission exires............................................
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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�.
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January 24, 1907
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