(A) Under the provisions of I.C. 36-7-9, there is hereby established the Unincorporated Cass County Unsafe Building Law.
(B) Indiana Code 36-7-9 through 36-7-9-28 is hereby adopted by reference as the Unincorporated Cass County Unsafe Building Law. All proceedings within the County of Cass for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this subchapter. In the event the provisions of this subchapter conflicts with the provisions of the state statute, the statute will control.
(C) All buildings or portions thereof within Cass County which are determined after inspection by the Zoning Administrator and Health Department to be unsafe as defined in this subchapter are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.
(D) The Zoning Administrator and Health Department shall be authorized to administer and to proceed under the provisions of said law in ordering the repair or removal of any building found to be unsafe as specified therein or as specified hereafter.
(E) The Cass County Board of Health is hereby designated the hearing authority for the implementation of this subchapter relating to health issues and the Cass County Plan Commission is hereby designated the hearing authority for the implementation of this subchapter relating to zoning issues.
(F) The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in Cass County, Indiana by adding the following definition:
UNSAFE BUILDING. Any building or structure, except for accessory buildings or structures that are currently or previously used for agricultural uses, 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. That an unsafe building or structure not be limited to the following conditions:
(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 and panic;
(b) Whenever the stress in any material, member, or portions thereof, due to all dead and live loads, is more than 1-1/2 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 or similar structure, purpose or location;
(d) 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;
(e) Whenever any portion of a building, or any member, appurtenance, ornamentation on the exterior thereof is not of sufficient strength or stability or is not anchored, attached, or fastened in place so as to be capable of resisting wind pressure of 1/2 of that specified for new buildings or 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 the case of similar new construction;
(g) Whenever the building or structure, or portion thereof, because of:
1. Dilapidation, deterioration, or decay;
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 1/3 of the base;
(j) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, of 50% damage or deterioration of its non-supporting members, enclosing or outside walls of 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;
(l) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirements or prohibition applicable to such building or structure provided by the building regulations of the county, or of any law or ordinance of this state or county 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 50%, or in any support part, member or portion less than 66% of the:
2. Fire-resisting qualities or characteristics; or
3. Weather-resisting qualities or characteristics required by law in the case of 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 Health Official to be unsanitary, unfit for 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 Fire Official to be a fire hazard; and/or
(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 6 months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public.
(G) 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.
(H) 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 pertaining to construction, plumbing, electrical, mechanical, and 1- and 2-family dwellings promulgated by the Fire Prevention and Building Safety Commission of Indiana shall be considered standard and acceptable practice for all matters covered by this subchapter or orders issued pursuant to this subchapter by the Zoning Administrator of Cass County, Indiana.
(I) An Unsafe Building Fund is hereby designated and established for the Cass County Plan Commission in accordance with the provisions of I.C. 36-7-9-14.
(J) No person, film 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 subchapter or any order issued by the Zoning Administrator. Failure by any person, to abide by any provision of this subchapter shall be deemed a violation of the subchapter and shall be guilty of a Class C infraction. Upon conviction, a violator shall be responsible for reasonable attorney fees and fines of not less than $100 and not more than $300 per violation, and for each day that the violation continues unabated, a separate offence shall be deemed to have been committed.
(K) Emergency action in accordance with the provisions of I.C. 36-7-9-9 states the following:
(1) If the enforcement authority finds it necessary to take emergency action concerning an unsafe premises in order to protect life, safety, or property, it may take that action without issuing an order or giving notice. However, this emergency action must be limited to removing any immediate danger.
(2) The department, acting through the enforcement authority, may recover the costs incurred by the enforcement authority in taking emergency action, by filing a civil action in the circuit court or superior court of the county against the persons who held a fee interest, life estate interest, or equitable interest of a contract purchaser in the unsafe premises at the time the enforcement authority found it necessary to take emergency action. The department is not liable for the costs of this civil action.
(3) If an unsafe premises poses an immediate danger to the life or safety of persons occupying or using nearby property, the enforcement authority may, without following this chapter's requirements for issuing an order and giving notice, take emergency action to require persons to vacate and not use the nearby property until the danger has passed. However, any person required to vacate an unsafe premises under this subchapter may challenge in an emergency court proceeding the enforcement authority's determination that the premises poses an immediate danger to the life or safety of any person. In an emergency court proceeding, the enforcement authority has the burden of proving that emergency action is necessary to protect from immediate danger the life or safety of persons occupying or using nearby property.
(Ord. 2007-06, passed 5-7-2007)
