AMENDMENT   1  , ORDINANCE #   1  , 2000

ORDINANCE 1, 2000 KNOWN AS THE UNSAFE BUILDING ORDINANCE IS AMENDED TO READ AS FOLLOWS.

WHEREAS, IT IS NECESSARY FOR THE HEALTH AND WELFARE OF ALL CITIZENS WITHIN THE ZONING JURISDICTION OF THE TOWN OF BUNKER HILL, THAT THERE EXISTS STANDARD PROCEDURES FOR THE UNIFORM ENFORCEMENT OF BUILDING STANDARDS WITHIN THAT JURISDICTION; AND

WHEREAS, IC 36-7-9 PROVIDES A COMPREHENSIVE PROCEDURE FOR THE ENFORCEMENT OF BUILDING STANDARDS,

THEREFORE BE IT ORDAINED, THAT THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA ESTABLISH PROCEDURES FOR ENFORCEMENT OF BUILDING STANDARDS WITHIN THE ZONING JURISDICTION OF THE TOWN OF BUNKER HILL.

ARTICLE   I.   TITLE:   This ordinance shall be known as the "Unsafe Building Ordinance" of Bunker Hill, Indiana.

ARTICLE   II.   ADOPTION OF STATUTE:   The provisions of IC 36-7-9 are hereby adopted in their entirety, and as they may be subsequently amended, and are made a part hereof by reference the same as if fully set out herein.

ARTICLE   III.   DEFINITIONS:

EXECUTIVE DEPARTMENT:   Shall mean the Town Council of the Town of Bunker Hill, authorized by this Ordinance to administer the provisions of this Ordinance.

ENFORCEMENT AUTHORITY:   Shall mean the Building Commissioner for the Town of Bunker Hill, Indiana.

HEARING AUTHORITY:   Shall mean the Town Council of the Town of Bunker Hill, Indiana, or whomever they may designate under the authority of IC 36-7-9-2. The hearing authority shall perform those functions specified by State Statute.

SUBSTANTIAL PROPERTY INTEREST:   Set out in IC 36-7-9-2 is specifically incorporated by reference into this chapter as if fully set forth herein:

ARTICLE   IV.   DECLARATION OF PUBLIC NUISANCE:   All buildings or portions thereof within the Zoning Jurisdiction of the Town of Bunker Hill which are determined after inspection by the Enforcement Authority to be unsafe as defined in this Ordinance are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.

ARTICLE   V.   POWER OF ENFORCEMENT AUTHORITY:   The Building Commissioner, as the Enforcement Authority for the Town of Bunker Hill, Indiana, shall be authorized to administer and to proceed under the provisions of IC 36-7-9-5 in ordering the repair or removal of any buildings found to be unsafe as specified therein or hereafter.

ARTICLE   VI.   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 Zoning Jurisdiction of the Town of Bunker Hill, Indiana by adding the following definition:

(A)   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 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, or

(2).  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; or

(3).  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 buildings or portion thereof an attractive nuisance or hazard to the public.

ARTICLE   VII.   SEALING OF UNSAFE BUILDING:   Upon a finding by the Enforcement Authority that a building or structure is "unsafe" and defined by IC 36-7-9-4, or Article 6 of this ordinance, then, in addition to all other powers provided by law, pursuant to IC 36-7-9-5 (a)(2), proceed to seal the unsafe building against intrusion by unauthorized persons according to the Administrative Procedures set forth in IC 36-7-9.

ARTICLE   VIII.   RENOVATION STANDARD:   All work for the reconstruction, alteration, repair or demolition of buildings and other structures shall be performed in accordance with the Building Code of the Town of Bunker Hill, Miami County, Indiana and shall be considered the standard and acceptable practice for all matters covered by this Ordinance by the Enforcement Authority of the Town of Bunker Hill, Indiana.

ARTICLE   IX.   ESTABLISHMENT OF UNSAFE BUILDING FUND:   In accordance with IC 36-7-9-14, an Unsafe Building Fund is hereby established.

  1. Funding for the Unsafe Building Fund shall be:
    1. Appropiated annually at a rate of not less than two percent (2%) of the budget of the General Fund.
    2. Disbursements from the Rainy Day Fund.
    3. Appropiations from state or federal governments.
    4. Donations.
       
  2. Expenditures from this fund shall be used only for expenses associated with the compliance with IC 36-7-9 and this ordinance.
     
  3. This fund is non-reverting and shall remain in effect for the life of this ordinance. Funds remaining upon termination of said ordinance shall then revert to the General Fund.
     
  4. Any monies derived as a result of expenditures from this fund shall upon receipt, be deposited in the Unsafe Building Fund.

ARTICLE   X.   VIOLATION:   No person, firm, or corporation, whether as owner, lessee, sub-lessee, 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 Ordinance or any order issued by the Enforcement Authority. Any person violating the provisions of this Ordinance or IC 36-7-9-28 shall commit a Class C infraction. Each day such violation continues constitutes a separate offense.

ARTICLE   XI.   SEVERABILITY:   If any provision of this ordinance or application of any provision to particular circumstances is held invalid, the remainder of the ordinance or application of such provision to other circumstances shall not be affected.

ARTICLE   XII.   EFFECTIVE DATE AND REPEALER:   This Ordinance shall be in full force and effect from and after its adoption by the Town Council of the Town of Bunker Hill, Miami County, Indiana

This Ordinance supersedes Ordinance # 2, 1987, and all other ordinances or parts thereof that conflict with this Ordinance.

ARTICLE   XIII.   APPROVAL OF ORDINANCE.   THIS ORDINANCE WAS DULY ADVERTISED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF BUNKER HILL, MIAMI COUNTY, INDIANA AFTER A PUBLIC HEARING ON THE   11   DAY OF   MAY   , 2004.

 
ATTEST:
 
 
  Norman A. McBride      
Norman McBride, Clerk/Treasurer 		                               
 
  Leslie H. Briggs        
      Leslie H. Briggs, President

  Doris Gingerich        
      Doris Gingerich, Member

   

 
  Byron Kosanke         
      Byron Kosanke, Member

  Daryl Mosley            
      Daryl Mosley, Member

  M. Floyd                    
      Marilyn Floyd, Member