HomeMy WebLinkAboutAmending Chapter 6 Entitled Property Maintenance CodeORDINANCE No. 6853 -80
Passed by the Common Council of the City of South Bend, Indiana_
4- L"t- � Cit y Clerk
IRENE K. GAMMON
Presented by me to the Mayor of the City of South Bend, Indiana
Approved and signed by
of Common Council
l -City Clerk
k
IRENE K. GAMMON
2 V TA
BILL NO. 124 -80
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 6 OF THE MUNICIPAL CODE
OF THE CITY OF SOUTH BEND, INDIANA, BY THE INCLUSION
OF NEW ARTICLE 8 ENTITLED PROPERTY MAINTENANCE CODE;
AND REPEALING SECTION 11 -1, ARTICLE 1 OF CHAPTER 11
OF THE MUNICIPAL CODE
STATEMENT OF PURPOSE AND INTENT
This ordinance is presented for the purpose of adopting the
revised 1978 BOCA Basic Property Maintenance Code which will replace
the 1970 BOCA Basic Housing - Property Maintenance Code which was
adopted by the Common Council in 1977.
By the adoption of this Code, the City will be establishing
minimum standards for the maintenance of existing structures
dealing mainly with the conditions which must be maintained in order
to protect the health, safety, and general welfare of the citizens
of South Bend.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the
City of South Bend, Indiana as follows:
SECTION I. Section 11 -1, Article 1, of Chapter 11, of the
Municipal Code of the City of South Bend, Indiana, entitled Housing and
Maintenance.Codeis deleted in its entirety. This Article Number
is reserved for future use.
SECTION II. Chapter 6, Article 8 of the Municipal Code of the
City of South Bend, Indiana, is added and shall read in its entirety
as follows:
ARTICLE 8. PROPERTY MAINTENANCE CODE.
Sec. 6 -37.
BOCA BASIC PROPERTY MAINTENANCE CODE.
(a) ADOPTION BY REFERENCE. The first edition of the BOCA
Basic Property Maintenance Code 1978, promulgated by the Building
Officials and Code Administrators International, Inc., together
with any and all amendments and supplements which may be added, is
hereby adopted as the official property maintenance code of the
City of South Bend. By this reference to the BOCA Basic Property
Maintenance Code, it is made a part of this Code with the same
force and effect as though set out in full herein, except for the
additions or deletions which are specified in this article. At
least two (2) copies of the BOCA Basic Property Maintenance Code
are on file and open for public inspection in the Office of the�City
Clerk.
(b) ADDITIONS, MODIFICATIONS AND DELETIONS. The provisions
of the BOCA Basic Property Maintenance Code 1978 adopted by subsection
(a) shall.be modified, added to or deleted so that the following
articles, sections, or subsections shall read as follows:
(1) Section PM -100.1 Title: These regulations shall be
known as the Property Maintenance Code of the City of South
Bend, Indiana, hereinafter referred to as the property main-
tenance code.
(2) Section PM -106.0 Notices and Orders (PM- 106.1;
through PM- 106.5) shall be deleted in its entirety and
substitution shall be had by reference to sub section (c
as hereinafter provided.
(3) Section PM- 108.0 Emergency Orders (PM -108.1
through PM- 108.2) shall be deleted in its entirety and
substitution shall be had by reference to sub - section (c)
as hereinafter provided.
(4), Section PM -109.0 Violations (PM- 109.1 through
PM-102:3_ be deleted in its entirety and substitution
shall be had by reference to subsection (c) as hereinafter
provided.
(5) Section PM -110.0 Right to Appeal (PM- 110.1 through
PM- 110.3) shall be deleted in its entirety and substitution
shall be had by reference to subsection (c) as hereinafter
provided.
(6) Section PM -111.0 Demolition (PM -111.1 through
PM- 111.6) shall be deleted in its entirety and substitution
shall be had by reference to subsection (c) as hereinafter
provided.
(7) Section PM -201.0 Applied Meaning of Words and Terms:
The definition for "family" shall be deleted in its entirety
and substitution shall be made by reference to section 21 -1(22
this Code.
(8) Section PM -301.3 Loading Areas shall be deleted in
its entirety without substitution. PM3$i- 3- �eadieg -fleas
AlI -lead �ag- areas; statiens -aid- drive -iM.
teed- estal9�iskx3ents- ska��- 39e- �a�ed- vaiti�- 19itttn3inees; - eeae�ete
e�- ee�t�i�aie�t- st��taeir�g- aid- s�taii- lie- twee- f�ex3- diet- aid -ether
iitte�- aid- ]�egt - }e- geed- �e�ai�- 6dhea -� }geed- �e�- sig�ttix3e
�tse-- iigl�ts- skaii- r�et- He- pe�x3itted -te- east- di�eetiy- �t�e�- dbaeiiiags
nearby-
(9) Section PM -301.7 Storage Areas shall be deleted in
its entirety without substitution. PAq- 38i:�- Steerage- areas-
A1�- ege�t- sa��age- �a�ds- aad -a�e�- steerage- areas- shaii- be- eex�gieteiy
el�sett�ee�- ��e�t- st���ettedi�g- ��epe��� -�� -a- seed- se�eee -�e� -less
thaw- sip - {6 }- feet- ia- l�eigl�t
(10) Sections PM- 301.10, 301.10.1 and 301.10.2 shall be
deleted in their entirety without substitution. PM- 38 }; }8
A4ete�- �el��eies-- A4ete� -Lek} ekes- skaii- lie- st�b�eet- te- tke- teiiewisg
�egtti�ex�e�ts- ef- Seet�eas- PA4- 3$�- �8- �- aad- PP4- 38� -�8: �-
PM- 39�- �8- �- i�eside�at�ai- areas-- ��eept- as- g�e�ided- }� -etke�
�egtriatiaas -- stet- �te�e- tkar�- ewe-{ � }- e�t��esti�- �te�egiste�ed -a�df e�
tt��r�sgeeted- x3eta�- �ek�eie- ska��- lie- ga�3�ed- ee- ar��- p�ege�ty -��
a- �eside�tiai- dist��et;- arid- said- �ekie�e- skaii- eet -at- aed -tixie
ke -in -a -state -et -FRa der - dieassembly ; - skalI -it -be
ire- tke- p�eeess- e�- l�e��g -s��} piled- e�- d }sx�ae��ed-- -A -�e� }eke
e!E -any - tylge- ska11 -met -at -aay- time- underge- YRajer -eve rkaul;
ir�eittd�rtg- bedy- bae�3�- -�r� -a -yes }deaf }ai- dist�iet
PAg- 39i -i8.�- Plea - yes }deatiai - areas-- ��ee�t- as- p�e�ided- i� -etke�
�egtxiatie�s- aid- a�g�e�ed- l��- tke -eede- eft }eiai;- r�et- r�te�e -tkaa
tae-{ �}- et���eeti�- ttx�eg�ste�ed -ar�df e�- eeiespeeted- �ete�- �ekieies
si�ai�- be- �e�r�itted -ems- aed- g�ege�t�- i�- a- ee�- �eside�tiai- dist�iet;
aed- arip- �ekie�e- ska�i- mat -at- aed- �ix�e -be -ice -a- state- et- xta�e�
disassex�l�i�;- dis�epai�- e�- si�aii- it- ke- }e- tke- p�eeess -e� -being
stripped- e�- disx3a�tied-
2-
(11) Section PM- 302.3.3 shall be amended and shall read
in its entirety as follows:
PM- 302.3.3 Roofs. The roof shall be structurally sound
tight, and not have defects which might admit rain, and roof
drainage shall be adequate to prevent rain water from causin
dampness in the walls or interior portion of the building.
Gutters and downspouts are required when the roof has an
overhang of less than twenty -one 21) inches.
(12)
Section PM- 302.3.6 shall be amended to read as follows:
PM- 302.3.6 Chimneys: All chimneys,cooling towers, smoke
stacks, and similar appurtenances shall be maintained structurally
safe, sound, and in good repair. a��- e�esee�- stttaees- et- x3eta�
e�- 6aee�- sl�a��- lie- p�ateete�- t�ex�- the- ele�e�ts- aid- aga��st- eleeay
e�- �t�st- b�- �e�} e��e- apg�} eat�ar�- et- Eaeatke�- eeat��g- rxate��al -seek
as- ga��t- e� -s�x3 }lam- stt��aee- t�eatx�eet-
(13) Section PM- 302.3.7 shall be amended to read as follows:
PM- 302.3.7 Stairs and Porches: Every stair, porch, balcony,
and all appurtenances attached thereto shall be so constructed
as to be safe to use and capable of supporting the loads to
which it is subjected and shall be kept in sound condition and
good repair. Every flight of stairs which is more than three
risers high shall have handrails which shall be located as
required by the building code. Every open portion of a stair,
porch, landing and balcony which is more than 30 inches above
the floor or grade below shall have guardrails. Every handrail
norma
(14) Section PM- 302.4.4 shall be amended to read as
follows: Insect screens: From June lst to October 15th of every
year, every door and window or other outside opening used for
ventilation purposes shall be supplied with approved screening,
and every swinging screen door shall have a self- closing device
in good working condition, except that such screens shall not
be required for areas on a floor above the fifth floor and screen
doors shall not be required on non - residential structures or
structures where the doors are required to swing out as
required in the building code.
(15) Section PM- 303.3.1 Lead based paint shall be
deleted in its entirety without substitution.
i�A3- 393.. -3 -1 �ea�- based- pa�r3t� �ea�.- based -pa }mot- 6a }th- a -�ea�
ee�te��- et- x3e�e- ��ar�- ���e- �ee�ks -et- erne- gem- eeat- �9- �°a } -sha��
met ]a e- app1} ed- te- a�t�- �e�e��e�- e�- e��e��e�- se��aee- ef- a- d6aelli�g;
ha����ags -at- these -�eeat }ergs- E��st�eg- �r�te� }ems- aid -e�te� }ems
pa�rrted- st���aeeg- ef- �dae���eg- tt� }ts- ae�- ek }��- ease- fae���t }es
tkat- eer�ta��- a�- e�eess- e�- ���e- teetks -e�- ewe- gem- eer�t- �9 -�°�}
lead -gh. ail- lie- �ex�e�e�- e�- ee�e�e�- da }tl�- paee��eg -ems- ether- st��tahle
ee�e��r��- app�a�ed- b�- tl�e- ee�e -e�
(16) Section PM -303.7 shall be amended to read as follows:
Section PM -303.7 shall be amended to read as follows:
PM -303.7 Exit doors: Every door available as an exit.shall
be capable of being opened easily from the inside.and -w4 :theist
the-- uae- ef- a -keY
-3-
(17) Section PM -401.2 shall be amended to read as follows:
PM -401.2 Habitable rooms: Every habitable room shall have
at least one (1) window of appeed -sse -tae }set- deet�y -te -the
e�ttc4ea s -e - to -a -eot t-
The - aji-s }Faum- tetaI- wimdaw -area; - liieasuEed
l�et�ees- steps; - tee- e�e�y- kale }hal�le- �ee�- sha�� -He- eight- pew -ees�
f8� } -et- the- t�ee�- area- e�- st�eh- �eerx; - e�eept- }s- 3t�tehess -6vhes
artitie_;6al - in-aeeerdasee- Faith- the -pre -
�4s }ess -e�- the- btt }�d�sg- eee�e- [dke�e�e�- baa��s -ems- ether- pe�t4ess
e�- a- stst�eta�e- taee- a- �v�sdew- et- asy- �eex�- asd- se.eh- ebst�aet4ess
awe- �eeated -less- than- thee -43 }- feet- ��e�x- the- 6a�sde6a -aad.
e�tesd- te- a- }e�e�- aHe�e- that -et- the- ee���sg -e�- the- �eex�;- sseh -a
6a�se�e6a- sha��- set- be- deex�ed- te- �aee- d��eet�y -te- the- eetdee�s
sew- ta- a- eett�t- acrd- sha��- set - lie- }se�t�ded- as- eest�4bst }sg -te -the
egtted- }x3ttt- teta�- ea }se6v- area -e- the -eex3- the size
approved according to the Uniform Building Code facing directly
to the outdoors or to a court.
(18)
Section PM -402.2 shall be amended to read as follows:
PM -402.2 Habitable rooms: Every habitable room shall have
at least one (1) window which can be easily opened or such other
device as will adequately ventilate the room. The- tetal- epesable
ba}r�deva- area- �s- e�e�y- �eex3- sha��- lie- egt�a�- to -at- feast- �e�ty -�4�e-
per - eest -445°a } -e- the- t }s }x�tx�- da }sdeea- area- s }ee- egs4ed- }- 8eetes
PM- 461-2-
(19) Section PM -403.1 Separation of Units shall be
deleted in its entirety without substitution.
PM- 4$3- �- Sepa�at�es- et- Hs�ts- Bbael��sg- t�s�ts- sha�� -be
separate- aad - apart- ��ex3 -eaeh- ether- 81eeg }sg- �eerxs -shall -set
be- used -as- the - espy- x�eass- et- aeeess -te- ether- sleep�sg -�ee�s -ems
(20) Section Section PM -404.1 Dwelling Units shall be deleted
in its entirety without substitution.
PAq -494: �-- B6ae�� }sg- ttr�lts- H�e�y- dwelllsg -ss�t- shall- eestals
a- �t�hlx3ttx3- guess- �lee�- area -e�- set -less- Chas - ese- hssd�ed -tl�ty
4158}- sgt�a�e -feet- tee- tke- ���st -eeet� past; -asd- ese- hssd�ed -169}
se�t�a�e-€ eet- �a�- eaeh- ae�dlt�esal- eeespast: �Fhe- tlee�- area -sha }}
3�e- ealettlated -erg- the - Hass -e�- the- teta�- area -e�- all -haH }table
11eerxs-
(21) Section PM -404.5 Minimum ceiling heights shall
be deleted in its entirety without substitution.
i�A4- 484- 5- Ag��tl�ttx3- ee�llsg- heights- Habitable- �ee�s- shall -hare
a -e-I-ear -ee -;61 irnq -he irght -ever -the -FaiHimiam- are a- requi red- by- this
eerie -at- set -less- than - sues- asd - ese- th }�d4�- 1�3 } €eet;- e�eept
that- ls- att�es- e� -tep -half- steles- the- eell }sg- height -shall
be -r�et -less- than - sues -4� }- feet -e�e�- .set -less -than- ese -thl�d
41f3 } -e�- the- x��s }r�e�- area- �egtt��ed- by -tk }s- eerie -when- used -der
sleeplsg;- study- e�- s} xi��a�- aet��lty--- �s- ealealatlsg -the
tlee�- area- et- st�eh- �eex�s;- er�ly- these- ge�t�ess -e €- the -�lse� -area
e�- the- �serx- ha�lsg- a- elea�- ee�llsg- height- e €- �4�e --f�} -feet -ems
x3e�e- may -be- �selt�e�ed
(22) Section PM -503.5 Water Conservation shall be deleted
in its entirety without substitution.
PA4- 583.- 5- Fniate�- eesse��atle�- Pltt�blsg- fl�rt�es- bahleh -awe
�eplaeed- shall- be- e�- baate�- saw }sg- eesst� set }es -ase�- ese- as- x�ay -be
�egtr��ed- by- leeal- ese�gy- asd- plttx�blsg- esdes-
(23) Section PM -701.3 Locked Doors shall be amended to
read as follows:
PM -701.3 Locked doors. All doors in the required means of
egress shall be readily openable from the inner side. w +theist -the
U5e_aE_key5- E is -tes t- e�6ae�� }sg- tt�its;- hete� -t sits;- �ee��i g
��its; - a�e�- e�e��►ite�y- tta�ts- ska��- met - dead.- th�e�gh- ether -st�eh
units -- er- threegh- teiiet- Teems- er- bathi-eems-
(c) ADOPTION OF UNSAFE BUILDING LAW. Pursuant to the authorit
granted by the Indiana General Assembly through the Acts of 1973,
Public Law 181, the City of South Bend, Indiana, does hereby adopt
the Unsafe Building Law, being Indiana Code 18- 5 -5.5 -1 through
18- 5- 5.5 -22 as it may be amended from time to time.
(d) ADMINISTRATION. The Bureau of Buildings and Permits,
Division of Substandard Buildings, is hereby designated as the
unit of government which shall administer the provisions of the Unsafe
Building Law. The Commissioner of Buildings shall be the chief
administrative officier responsible for the administration of the
Unsafe Building Law.
(e) ROLE OF THE BOARD OF PUBLIC SAFETY. The Board of Public
Safety shall have the responsibility for fixing the average
processing expense as provided in the Unsafe Building Law.
(f) UNSAFE BUILDING FUND.
(1) As provided by section 17 of the Unsafe Building Law
a fund designated as the "unsafe building fund" shall be
established in the operating budget of the Division of
Substandard Buildings. Any balance remaining at the end of the
fiscal year shall be carried over in the fund for the following
year and shall not revert to the general fund. Monies for such
fund may be received from any source including appropriations
by the Common Council, State or Federal legislative authority,
and donations.
(2) As further provided by section 17 of the Unsafe
Building Law, the Commissioner of Buildings may take action to
transfer all or any part of any money which may exist in the
"building, demolition, repair and contingent fund" created by
Indiana Code, Sections 18 -5 -5 -7 (1976 Edition) to the unsafe
building fund.
SECTION III.
Severability.
If any provision, section, or part of any section of this
Ordinance is declared to be invalid or unconstitutional, such declara-
tion shall not be construed to affect any of the other provisions,
sections, or part of sections herein, and the remainder of the Ordinance
shall not thereby be invalidated.
SECTION IV. Saving Clause.
Nothing in this Ordinance or in the Basic Property Maintenance
Code herein adopted as amended shall be construed to affect any suit
or proceeding impending in any court, or any rights acquitted, or
liability incurred, or any cause or causes of action acquired or
existing, under any act or Ordinance hereby repealed as cited in
Section I of this Ordinance; nor shall any just or legal right
or remedy of any character be lost, impaired or affected by this Ordinance.
SECTION V.
This Ordinance shall be in full force and effect from and after
its passage by the Common Council, approval by the Mayor and legal
publication.
.ember of the Common Council
Passed, as amended, October 27, 1980
-5-
CITY of SOUTH BEND
ROGER O. PARENT, Mayor
COUNTY -CITY BUILDING SOUTH BEND, INDIANA 46601
Katherine G. Barnard 219/284.9486
Director, Substandard Buildings 219/284 -9498
219/284 -9133
October 7, 1980
South Bend Common Council
County -City Building, 4th Floor
South Bend, Indiana 46601
Dear Council Members:
The main function of the Substandard Building Department is to achieve
the rehabilitation of real property through the enforcement of the BOCA
property maintenance code and the Unsafe Building Law.
In 1977 the South Bend Common Council voted to amend Chapter 11 of the
Municipal Code and adopted the 1970 BOCA Basic Housing - Property Maintenance
Code as the official housing and property maintenance code of the City of
South Bend.
We are now proposing to you that the revised 1978 BOCA Basic Property
Maintenance Code be adopted by the Common Council. The BOCA Code is intended
to establish the minimum acceptable standards for the maintenance of existing
structures and premises. The Code deals primarily with conditions which must
be maintained in existing structures to protect the health, safety and general
welfare of the citizens of South Bend.
The 1978 BOCA Code will be a more useful tool for the inspectors to use
when inspecting buildings and premises because it is more specific in the
explanation of code violations, In addition the 1978 BOCA Code is broader in
its approach to property maintenance and has included new sections such as:
properly maintaining exterior property,such as vacant land,and more emphasis
on plumbing facilities, heating facilities and fire safety requirements.
If you have any questions or comments concerning the adoption of the 1978
BOCA Code or any of the proposed amendments to Chapter 6, Article 10 of the
Municipal Code, please feel free to contact me.
Thank you for your consideration of this proposal.
Sincerely, R
ka.�i�,,.� Lo'-_ `
Katherine G. Barnard, Director
KGB:eh Substandard Building Department
Atts.
cc: Richard Hill
Eugenia Schwartz
Tommutre Irport
& t4e T -UMUwn Toamil of t4f TUT of font# 1.81pnd:
Your Committee of the Whole
to whom was referred
A BILL amending Chapter 6, generally known as the
Building Code, establishing minimum standards
governing the condition and maintenance of all
structures and dwellings; establishing minimum
standards governing supplied utilities and facilities
and other physical things and conditions essential
to ,insure that structures are safe, sanitary and
fit for occupation and use; establishing minimum
standards governing the condition of dwellings
offered for rent; fixing certain responsibilities
and duties of owners and occupants of structures,
and the condemnation of dwellings unfit for human
habit atio and the oti roof such dwellings
Respectfully report that the ve e�amine the matter x►d in r o f
n s ruc uses;`ixzng pen a 'yes and violations;
and repealing existing Ordinance No. 6136 -77 of
the City of South Bend, being Chapter 11, Article
1.
This bill should be recommended to the Council favorable, as amended;
by substituting a new bill.
Walter M. Szy�nkowiak
yErman
FREE rRESE PUBLISHING CO.