Details for ORDINANCE ESTABLISHING CITY OF LOOGOOTEE UNSAFE BUILDING LAW

ORDINANCE NO. 2021-6

ORDINANCE

ESTABLISHING CITY

OF LOOGOOTEE

UNSAFE BUILDING LAW

WHEREAS, Indiana Code 36-7-9-1 through 36-7-9-28 provides the City of Loogootee the authority to take action to ensure the inspection, repair, and removal of unsafe structures and tracts of real property which are located in the boundaries of the incorporated city, and

WHEREAS, the City of Loogootee now determine that it is appropriate to assure that buildings and tracts of real property in City of Loogootee shall be maintained in such a manner so as to preserve the health, safety and welfare of the citizens of Loogootee,

NOW THEREFORE, BE IT RESOLVED, by the Common Council of City of Loogootee Indiana, as follows:

1. All buildings, structures, or parts thereof which are not located in the boundaries of an incorporated city or town within City of Loogootee that are determined by the building inspector to be unsafe, as defined by this Ordinance, are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition, or removal.  

2. A building or structure, or any part of a building or structure, that is:

  a. in an impaired structural condition that makes it unsafe to a person or property;

   b. a fire hazard;

  c. a hazard to the public health;

  d. a public nuisance;

  e. dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or

  f. vacant or blighted and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance; is considered an unsafe building.

For purposes of this Ordinance, the following are considered unsafe premises:

a. An unsafe building and the tract of real property on which the unsafe building is located.

b. A tract of real property, not including land used for production agriculture, that does not contain a building or structure or contains a building or structure that is not considered an unsafe building, if the tract of real property is:

(1) a fire hazard;

(2) a hazard to public health;

(3)  a public nuisance; or

(4)  dangerous to a person or property because of a violation of a statute or an ordinance.

3. The Building Commissioner may administer and proceed under the provisions of the state statute and this Ordinance in ordering the repair or removal of any buildings found to be unsafe, as specified in state statute or as specified in this Ordinance.

4. Whenever it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner, this shall be construed to give the officer only the discretion of determining whether the rules and standards established by Ordinance have been complied with. No such provision 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 or discretionary manner.

5. The definition of “substantial property interest” set forth in I.C. 36-7-9-2 is incorporated by reference in this Ordinance as if copied in full.

6. All work for the reconstruction, repair, or demolition of buildings and other structures shall be performed in good workmanlike manner according to the accepted standards and practices in the trade. The provisions of the building laws, as defined in I.C. 22-12-1-3, adopted as the rules of the fire prevention and building safety commission, shall be considered standard and acceptable practice for all matters covered by this Ordinance or orders issued pursuant to this Ordinance by the Building Commissioner.

7. No person, whether as owner, lessee, sublessee, or occupant, shall erect, construct, enlarge, alter, repair, move, imp-rove, remove, demolish, equip, use, occupy, or maintain any building or premises or cause or permit such to be done contrary to or in violation of any of the subsections of this Ordinance or any order issued by the Building Commissioner. Any person violating this Ordinance commits a Class C infraction for each day such violation occurs.

8. The City Council authorizes the Building Commissioner to act as the enforcement officer and to administer acts of City of Loogootee under this Ordinance and I.C. 36-7-9-1 through 36-7-9-28 within the portion of City of Loogootee that is not included within the boundaries of any incorporated city or town.

9. All Ordinances, or any section thereof, in conflict with this Ordinance to the extent of such conflict are hereby repealed.

10. This Ordinance will become effective when passed and adopted in 2021.

BY: Common Council of

the City of Loogootee, Indiana

Noel D. Harty, Mayor

Carroll Rayhill

Rick Norris, President

Teresa Nolley

Ron Gilbert

Tim Lawrence

ATTEST:

Roger Downey

City of Loogootee Clerk

May 5c

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