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HomeMy WebLinkAboutProviding for the Vacation Removal, Repair or Demolition of any Building or Structure which Threatens to be a Public Nuisance (Amend Code)Passed by the Common Council of the City of South Bend, rtt�ara 9amsr it$— Presented by me to the Mayor of the City of South Bend, Clerk of Common Council Approved and signed by me JUNE 29THO 19§A- 407 Clerk 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) 3. Those which have improperly distributed loads upon the floors or roofs or in which the.same are overloaded, or which have insufficient strength to be reasonably safe for the purpose used. 4. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the City of South Bend.. 5. Those which have become or are so dilapidated, decayed, unsafe, insanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit fo human habitation, or are likely to cause sickness or diseas , so as to work injury to the health, morals, safety or general welfare of those living therein. 6. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or gener welfare of human beings who live or may live therein. 7. Those having inadequate facilities for egress in case of fii or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. S. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. 9. Those which because of their condition are unsafe, insanitai or dangerous to the health, morals, safety or general wel- fare of the people of this City. 10. Those buildings existing in violation of any provision of the Building Code of this City, or any provision of the fire prevention code, or other ordinances of this City. SECTION II: STANDARDS FOR REPAIR, VACATION OR DEMOLITION. The following standards shall be followed in substance by the Inspector in ordering repair, vacation,or demolition: a. If the "dangerous building" can reasonably be repaired so that it will no longer exist in violation of the terms of this ordinance shall be ordered repaired. b. If the "dangerous building" is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be ordered to be vacated. c. In any case where a "dangerous building" is 50 per cent damaged or decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this Ordinance it shall be demolished. In all cases where a "dangerous building" is a fire hazard existing or erected in violation of the terms of this Ordinance or any ordinance of the City or statute of the State of Indiana, it shall be demolished. SECTION III: DANGEROUS BUILDINGS --- NUISANCES. All dangerous buildings within the terms of Section I of this Ordinance are hereby declared to be public nuisances and shall be repaired, vacated, or demolished as hereinbefore and hereinafter provided. (z) I SECTION IV: DEPARTMENT OF SUB- STANDARD BUILDINGS AND DWELLINGS. There is hereby established as a department of the City Government of the City of South Bend the Department of Sub - standard Buildings and Dwellings which shall consist of an Inspector and such other person or persons employed in or assigned to said Department. SECTION V: DUTIES AND POWERS OF INSPECTOR, The Inspector shall exercise .the powers prescribed in this Section. (a) Whenever a petition is filed with the inspector by a Public Authority or by at least five (5) residents of the City charging that any dwelling is unfit for human habitation or any building is dangerous, or whenever it appears to the Inspector (on his own motion) that any dwelling is unfit for human habitation or any building is dangerous, the Inspector shall, if his preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner of and parties in interest in such dwelling or building a complaint stating the charges in that respei and containing a notice that a hearing will be held before the Inspector (or his designated agent) at a place therein fixed with- in the City, not less than ten (10) days nor more than thirty (30) days after the serving of said complaint; the owner and parties in interest shall have the right to file an answer to the complaint and to appear in person, or otherwise, and give testimony.at the place and time fixed in the complaint; notice of such hearing shall also be given to at least one of the persons signing any petition relating to such dwelling or building; any person desiring to do so may attend such hearing and give evidence relevant to the matter being heard; and the rules of evidence prevailing in Courts of Law or Equity shall not be controlling in hearings before the Inspector. (b) If, after such notice and hearing, the Inspector determines that the dwelling under consideration is unfit for human habitation or the building under consideration is dangerous, he shall state in writing his findings of fact in support of such determination, and shall issue and cause to be served upon the owner thereof an order; 1. If the repair, alteration or improvement of said dwelling or building can be made at a cost of less than 50% of the value of the dwelling or building, the order shall require the owner, within the time specified therein, to repair, alter or improve such dwelling so as to render it fit for human habitation or to vacate and close the dwelling as a human habitation, or it shall require the owner within the specified time therein to repair, alter or improve such building so as to render it safe or to vacate and close the building for any and every use. 2. If the repair, alteration or improvement of said dwelling or building cannot be made at a cost of less than 50% of the value of the dwelling or building, the order shall require the owner, within the time specified therein, to remove or demolish such dwelling or building. (c) If the owner of a dwelling fails to comply with the order to repair alter or improve, or to vacate and close the dwelling the Inspecto3 may cause such dwelling to be repaired, altered or improved, or to be vacated and closed; the Inspector shall cause to be posted on the main entrance of any dwelling so closed a@ placard with the following words: (3) �4gro qe "This building is unfit for h t �Ic *0..Q t : the use or occupation of +' t. -Se g es °�Ne ,y°b human habitation is pr,' o. °' W:- g4 ZOO 4�i4 j at' (d) If the owner of a build' w�,e e��0c�eg�'As order to repair, alter or improve, or o4 ws� ,°.sgw 6'e i09�e ding, the Inspector may cause such b1-11, e$ $0 °0� .1c a ared or improved, or to be vacated � °316 co ° ^J Gy0 00• shall cause to be posted on the me� s' eye a e Qe •we' 9°� so closed a placard with the follow' D0 ,ro0 i ° °et Qs°Qgro1 °S� 4eZ' /ogAg�lOgiyot eb ?�aangerous. It is hereby O ro. use is prohibited." o yr be t Y' ow. oe roe acupant, mortgagee or leases fails to comply with th b�aeisiey xg y1 _a Inspector, the Inspector may cause such dwelling or 40•7, goeg cc be removed or demolished. He may cause such building _ucture to be repaired, altered, improved, vacated, closed, -ed .doved or demolished and the amount of the cost shall be a lien against the property which lien shall be certified by the proper city officials to the County Auditor to be added to the tax duplicate and assessed against the land and buildings in question Q r to be recovered in a suit at law against the owner (f) Failure on the part of any owner or party in interest to receive or have served upon him any complaint, notico or order herein a provided for shall not affect or invalidate the• proceedings with = respect to any other owner or party in interest or any other person . h firm or corporation. SECTION VI: DWELLINGS UNFIT FOR HUMAN HABITATION. (a) The Inspector shall determine that a dwelling is unfit for human habitation or a building is dangerous if he finds that any of the following conditions exist in such dwelling: Interior walls or oth vertical structural members which list, lean or buckle to such an extent that a plumb line passing through the center of gravity fall outside the middle third of its base; supporting member or members which show 33% or more of damage or deterioration or non - supporting enclosing or outside walls or covering which show 50% or more of damage or deterioration; floors or roofs which have improperly dis- tributed loads, which are over - loaded, or which have insufficient strength to be reasonably safe for the purposes used; such damage by fire, wind or other causes as endangers the lives, safety or welfare of the occupants or other people in the City; dilapidation, decay, insanitation or disrepair, which is likely to cause sickness or disease, or to work injury to the health, safety or welfare of the occupants or other people of the city; inadequate facilities for egress in case of fire or panic; defects therein increasing the hazards of fire, accident or other calamities, such lack of adequat ventilation, light, heating or sanitary facilities as endanger the health, morals, safety or general welfare of the occupants or other residents of the City; violation of any provision of the building regulations or fire prevention laws or ordinances of the State or City; any room, except bathroom, with window area less than 1 /10th of the floor area, or with window area of 1 /10th or more of the floor area but which window area cannot be opened so that the openings will equal as much as 1 /20th of the floor area; a bathroom which does not have at least one outside window which can be opened or does not have other means of adequate ventilation; such relation ship to adjoining buildings or dwellings that light or air is inadequate or that a fire hazard exists. (b) A dwelling shall be construed by the Inspector to be unfit for human habitation, or a dangerous building, and he shall so find, W 1. 2. 3. 4. 5. 6. 7. 8. Inside running water and an installed kitchen sink. Inside bathing facilities which shall consist of an installed tub or shower. An installed water closet. If the water closet is built on a porch it shall be inclosed for privacy and from the weather, with running water. Installed electric lighting facilities. Installed heating facilities. Installed heating facilities shall mean arrangements by chimneys or flues sufficient at least to offer facilities for heating in rooms commonly used as living quarters. Screening. Screens shall be provided to effectively cover all outside openings such as windows, doors, etc., with mesh of suc fineness as is ordinarily used in dwelling units to prevent the entrance of flies, mosquitoes and other similar pests. Room sizes. The living or principal room shall not be less than 150 square feet; the first bed room shall be not less than 100 square feet; and other bed rooms, if any, shall be not less than 70 square feet. All of the aforesaid minimum requirements shall be constructed and /or installed in accordance with the applicable ordinance (s) of the City of South Bend regulating the same, SECTION VII: FURTHER POWERS. The Inspector shall have such powers as may be necessary or convenient to carry out and effectuate the purpose and provisions of this Ordinance, including (without limiting the general i of the foregoing) the following powers in addition to others herein granted: (a) To investigate dwelling and building conditions in the City in order to determine which dwellings therein are unfit for human habitation, and which buildings are dangerous, being guided in examination of dwellings and buildings by the requirements set in this Ordinance. (b) To administer oaths, affirmations, and to examine witnesses and receive evidence; (c) To enter upon and within premises, dwellings and buildings for the purposes of making examinations and investigations; Provided, that such entries shall be made in such a manner as to cause the least possible inconvenience to the persons in possession; (d) To appoint and fix the duties of such officers, agents and employee as he deems necessary to carry out the purpose of this Ordinance; (e) To delegate any of his functions and powers under this Ordinance to such officers and agents as he may designate. SECTION VIII: PENALTY. If any order issued and served in accordance with thi Ordinance is not complied with within the time specified therein, the dwelling or building with respect to which the order has been issued is hereby declared to be a public nuisance, and it shall be unlawful for any person, firm or cor- poration that has knowledge of the issuance of the said order to occupy, as a human habitation, or use the said dwelling or building, or any part thereof, or suffer or permit same, or any part thereof, to be occupied as a human used therefor, and any person, firm or corporation violating this section or (5) failing to comply therewith shall be subject to, and shall pay, a penalty of $50.00 for each and every offense, and each day that any such violation or failure to comply continues or is allowed to continue shall constitute and be a separate and distinct offense. SECTION IX: NOTICES, ETC. (a) No person, firm or corporation, without written consent of the Inspector, shall remove, or permit the removal of any complaint, notice or order posted in accordance with the provisions of this Ordinance; any person, firm or corporation violating or failing to comply with the provisions of this Ordinance shall be subject to, and shall pay, a penalty of $50.00 for each and every offense. (b) When the Inspector finds that a dwelling is unfit for human habi- tation within the meaning of this Ordinance and has notified the owner to such effect and the time limit set by the Inspector for the correction of defects or vacating same has expired, no person shall receive rentals, offer for rent or occupy said dwelling unit, as a human habitation, and each day such offense continues shall be deemed a separate offense and shall pay a penalty of $50.00 for each and every offense. SECTION X: INVALIDITY. Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent of the Council that if any provision of this Ordinance or the application thereof to any person, firm or corporation or circumstance is held invalid, the remainder of the Ordinance and the application of such provisions to persons, firms or corporations or circumstances other than those to which it is held invalid shall not be affected thereby. SECTION XI: This Ordinance shall be in full force and effect from and after its adoption, approval by the Mayor and legal p lication. j; Member of the Common Council )9t&Ynd Rt?A G -� "- Punic 14EA3 3rd REALM WYA"WYLA REFUM 11 (6) MAR 2 7 1956 r MEMORANDUM OF UNDERSTANDING FREDA G. NOBLE CITY CLERK A Meeting was held in the office of the Central Fire Station on Thursday, March 22, 1956, those present being: Fire Chief Alex Andrzejewski Mr. Vernor Lane, Building Commissioner Sgt. Richard J. Podell, Health Department Mr. Dean Armstead, Heating Inspection Dept. Battalion Chief Edward D. Smith, Fire Inspection Bureau Lieut. William H. Wilson, Fire Inspection Bureau Irving J. Smith, City Attorney A discussion was held with reference to City Ordinance No. 3989: "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 Substandard Buildings and Dwellings: Providing for Inspection and Endofrement and Fixing Penalties and Pro- cedures for Violations." A discussion was further held with reference to City Ordinance No. 3743: "Fire Prevention"; and a further discussion was herd in line o£ responsi- bility with reference to the various problems having to do with Substandard Housing. It was unanimously agreed by all parties present that there would be complete cooperation between all parties present with regard to substandard housing and housing which is considered a fire hazard. It was decided that if an investigation is made of any particular house, garage or other structure, by any Department, and it is found that said structure is de- fective, a copy of the report by the particular agency of the Administration should be sent to the office of the Building Commissioner. It was further agreed that upon an examination of all of the facts by all of the repre- sentatives of all Departments involved, it would then be determined under what ordinance the action would be taken. It was further agreed that the parties would ddcide upon the proper action to be taken. If it is found that condemnation, repair or other manner of correction is to be effected, the administration of the Ordinance on Substandard Housing, i.e. No. 3989, would be carried through the office of the Building Commissioner, It was further agreed that if condemnation., repair or other manner of correction is to be effected under the Fire Prevention Ordinance, i.e., No. 3713, then the Fire Department would 'cake all action required under said Ordinance, it being the intent of the parties as a result of this meeting that the actual administration of Ordinance No. 3989 shall be under the office of the Building.Commissioner. It was further agreed that when a decision is made with reference to a particular dwelling, garage or other structure, all Departments affected shall be given notice of same.