Under the provisions of I.C. 36-7-9, there is established the City of Southport unsafe building law.
(Ord. 13.04 § 1-10, passed 7-16-2012; Am. Ord. 13.04 § 1-10, passed 6-17-2013)
I.C. 36-7-9-1 through 36-7-9-28, together with all hearing requirements, is incorporated by reference in the City of Southport unsafe building law. All proceedings within the City of Southport for the inspection, repair, and removal of unsafe buildings shall be governed by said law and the provisions of this chapter. In the event the provisions of this chapter conflict with the provisions of I.C. 36-7-9-1 through 36-7-9-28, then the provisions of the state statute shall control.
(Ord. 13.04 § 1-11, passed 7-16-2012; Am. Ord. 13.04 § 1-11, passed 6-17-2013)
All buildings or portions thereof within the City of Southport which are determined after inspection by the Building Commissioner or designee to be unsafe as defined in this chapter are declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal, in accordance with the procedure specified in the City of Southport unsafe building law.
(Ord. 13.04 § 1-12, passed 7-16-2012; Am. Ord. 13.04 § 1-12, passed 6-17-2013)
The City of Southport Building Commissioner, as chief administrative officer, and after consultation with appropriate City officials and/or agencies, shall be authorized to administer and to proceed under the provisions of said law in ordering the repair or remodel of any buildings found to be unsafe as specified therein or as specified hereafter.
(Ord. 13.04 § 1-13, passed 7-16-2012; Am. Ord. 13.04 § 1-13, passed 6-17-2013)
Wherever, in the building regulations of the City of Southport or the City of Southport unsafe building law, it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner, or any other officer or agency of the City of Southport, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance have been complied with and no such provisions shall be construed as giving any officer or agency 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.
(Ord. 13.04 § 1-14, passed 7-16-2012; Am. Ord. 13.04 § 1-14, passed 6-17-2013)
The definition of an unsafe building contained in I.C. 36-7-9-4 is supplemented to provide minimum standards for building condition or maintenance in the City of Southport, Indiana, by adding the following to said definition:
means any building or structure which has any or all of the conditions or defects hereinafter described; provided, that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered:
Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, or torn to not provide means of exit in case of fire or panic.
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.
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 was required under the Indiana Building Code that was in effect at the time of construction.
Whenever the building or structure, or any portion thereof, because of (1) dilapidation, deterioration, or decay; (2) faulty construction; (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.
Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used.
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 one-third of the base.
Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its nonsupporting members, enclosing or outside walls or covering.
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.
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 town, or of any law or ordinance of this state, county or city relating to the condition, location, or structure of buildings.
Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in any nonsupporting part, member, or portion less than 50%, or in any supporting part, member, or portion less than 66% of the (1) strength, (2) fire-resisting qualities or characteristics, or (3) weather-resisting qualities or characteristics required by rules of the Fire Prevention and Building Safety Commission in effect at the time of construction.
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.
(Ord. 13.04 § 1-15, passed 7-16-2012; Am. Ord. 13.04 § 1-15, passed 6-17-2013)
The definition of “substantial property interest” set forth in I.C. 36-7-9-2 is incorporated by reference herein as if copied in full.
(Ord. 13.04 § 1-16, passed 7-16-2012; Am. Ord. 13.04 § 1-16, passed 6-17-2013)
All work for the reconstruction, repair, or demolition of buildings and other structures shall be performed in a good workmanlike manner according to the accepted standards and practices required in the licensed trades. All contractors performing work in the trades, except plumbers licensed by the state, must be licensed by the City of Southport. General contractors must be listed with the City of Southport and must be bonded and have insurance. All contractors must meet minimum insurance and bonding requirements as set forth in this section. If the contractor is licensed by the City of Indianapolis, the City of Southport will grant reciprocity except for plumbers licensed by the state. The provisions of the building laws, as defined by I.C. 22-12-1-3, adopted as rules of the Fire Prevention and Building Safety Commission, shall be considered standard and acceptable practice for all matters covered by this chapter or orders issued pursuant to this chapter by the Building Commissioner or designee of the City of Southport, Indiana. In the event an applicant does not have an existing license, the Board of Public Works will accept a passing score from a recognized and approved testing organization and issue a license based on the minimum requirements of that testing organization. All licensing and listing of contractors are subject to review and are issued at the discretion of the Board of Public Works of the City of Southport.
(A)
Listing and license fees. Upon making application for any listing or license permit, the contractor filing such application shall pay to the Clerk-Treasurer the following fees:
(1) | General Contractor Listing Fee | $150.00 | |
(2) | HVAC License | ||
Unrestricted | 200.00 | ||
Restricted | 150.00 | ||
(3) | Electrical License | ||
Master Electrician | 200.00 | ||
Residential | 150.00 | ||
Contractors shall provide certificate of insurance indicating the amounts of coverage that meet or exceed the following minimums:
General liability coverage of $100,000 for each occurrence of property damage and $500,000 for each occurrence of death or bodily injury with the City of Southport named as additional insured.
Surety bond in the amount of $10,000 with the “City of Southport and/or an unknown third party” named as obligee.
(Ord. 13.04 § 1-17, passed 7-16-2012; Am. Ord. 13.04 § 1-17, passed 6-17-2013)
The Building Commissioner of the City of Southport is designated the administrator responsible for the administration of this chapter in accordance with the provisions of I.C. 36-7-9-3; and the Advisory Plan Commission of the City of Southport is designated the hearing authority for the purpose of conducting hearings in accordance with I.C. 36-7-9-7.
(Ord. 13.04 § 1-18, passed 7-16-2012; Am. Ord. 13.04 § 1-18, passed 6-17-2013)
An Unsafe Building Fund is established in the operating budget of the City in accordance with the provisions of I.C. 36-7-9-14.
(Ord. 13.04 § 1-19, passed 7-16-2012; Am. Ord. 13.04 § 1-19, passed 6-17-2013)
No person, firm, or corporation, whether as owner, lessee, subleasee 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 chapter or any order issued by the Building Commissioner.
Any person violating the provisions of this chapter may be fined in an amount not to exceed $2,500 for each day such violation continues.
(Ord. 13.04 § 1-20, passed 7-16-2012; Am. Ord. 13.04 § 1-20, passed 6-17-2013)