For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"DEPARTMENT." The Department of Engineering, Traffic and Inspection Services shall be the executive department authorized by this subchapter to administer the provisions of IC 36-7-9-1 et seq.
"ENFORCEMENT AUTHORITY." The chief administrative officer of the Department, as heretofore defined, or his designee.
"HEARING AUTHORITY." That person or persons designated as such by the Mayor under the authority of IC 36-7-9-2. The hearing authority shall perform those functions specified by state statute.
"SUBSTANTIAL PROPERTY INTEREST." The definitions of "substantial property interest" set out in IC 36-7-9-2 is hereby specifically incorporated by reference into this subchapter as if fully set forth herein.
"UNSAFE BUILDING." The description of an "UNSAFE BUILDING" contained in IC 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the city, by adding the following definition: 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.
(1) 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.
(2) 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 regulations of this city, or of any law or ordinance of this state or city relating to the condition, location, or structure of buildings.
(3) 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 supporting part, member, or portion less than 66% of the strength, fire-resisting qualities or characteristics, or 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.
(4) 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 enforcement authority to be unsanitary, unfit for human habitation, or in such a condition that is likely to cause sickness or disease.
(5) 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 enforcement authority to be a fire hazard.
(6) 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.
(7) Whenever any commercial or industrial building or structure, because of inadequate maintenance, weather or other damage, contains a window(s) or a door(s) which is broken, missing, or covered by a material that is not consistent with the exterior of the building or structure. Whenever any commercial or industrial building or structure that has historic significance, because of inadequate maintenance, weather or other damage, contains a window(s) or a door(s) which is broken, missing, or covered by a material that is not consistent with the original window(s) or door(s).
(Ord. 5425, passed 11-5-84; Am. Ord. 5559, passed 10-28-86; Am. Ord. 6073, passed 12-8-97; Am. Ord. 6720, passed 5-13-13)
