Providing for the Vacation Removal, Repair or Demolition of any Building or Structure which Threatens to be a Public Nuisance (Amend Code)

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ry ORDINANCE NO. (AS AMENDED) AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR OR DEMOLITION OF ANY BUILDING OR STRUCTURE WHICH IS OR THREATENS TO BE A PUBLIC NUISANCE, DANGEROUS TO THE HEALTH, MORALS, SAFETY OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF SOUTH BEND OR WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE; ESTABLISHING A DEPARTMENT OF SUB- STANDARD BUILDINGS AND DWELLINGS; PROVIDING FOR INSPECTION AND ENFORCEMENT AND FIXING PENALTIES AND PROCEDURES FOR VIOLATIONS, j WHEREAS, in the City of South Bend there are, or may in the future be, buildings or structures which are dilapidated, unsafe, dangerous, insanitary, a menace to the health, morals, safety and general welfare of the people of t City and which might tend to constitute a fire menace and which are a public nuisance: BE IT ORDAINED by the Common Council of the Civil City of South Bend, Indiana as follows: SECTION Is DEFINITIONS. The following terms whenever used or referred to this Ordinance shall have the following respective meanings unless a different meaning clearly appears from the context: a. "City" shall mean City of South Bend. b. "Council" shall mean the City Council of South Bend. c. "Inspector" shall mean any authorized person employed by or assign to the Department of Sub - Standard Buildings and Dwellings of the City of South Bend. d. "Public Authority" shall mean any officer in charge of any depart- ment or branch of the Government of the City of South Bend relatit to health, fire building.,regulations or other activities concernix dwellings or buildings in the City of South Bend. e. "Owner" shall mean the holder of the title in fee simple and mortgagee of record. f. "Parties in Interest" shall mean all individuals, associations and corporations who have interest of record in a dwelling or buildin; and any who are in possession thereof. g. "Dwellings" shall mean any structure, or part thereof, used and occupied for human habitation, or intended to be so used, and in- cludes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. h. "Building" shall mean any structure or part thereof hot .a dwelling as above defined. i. "Dangerous Buildings" shall mean any building or structure or dwelling which has any or all of the following defects: 1. Those whose interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. 2. Those which, exclusive of the foundation, show thirty -three (33) per cent or more, of damage or deterioration of the supporting member or members, or fifty (50) per cent of damage or deterioration of the non - supporting enclosing or outside walls or covering. (1)