Property Maintenace Code

City of Evansville Property Maintenance Code Adopted 12-10-08

15.150.175 DEFINITIONS AND CONSTRUCTION

(A) DEFINITIONS.

Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the following

meanings:

Abandoned House

lack of utilities or delinquent taxes, whose owner has neglected the responsibility of maintenance and physical

upkeep and is taking no constructive steps to repair and bring the unit back into the housing market.

: A chronically vacant and uninhabitable unit or units, as indicated by, but not limited to, theAbandoned Lot

physical upkeep and maintenance.

: A parcel of land, without a structure, whose owner has been neglecting the responsibility ofApproved

: Approved by the Chief Administrative Officer or Building Commissioner.Basement

: That portion of a building, which is partly or completely below grade.Bathroom

: A room containing plumbing fixtures including a bathtub or shower.Building

building in excess of twenty (20) square feet.

: Any structure occupied or intended for supporting or sheltering any occupancy and accessoryBuilding Code

such codes officially designated by the legislative body of the City of Evansville for the regulation of

construction, alteration, addition, repair, removal, demolition, location, occupancy and maintenance of buildings

and structures.

: The building code officially adopted by the legislative body of the City of Evansville, or otherBuilding Commissioner

Department of Buildings and appointed by the Mayor or his designees.

: The official who is charged with the administration of this code, head of theChief Administrative Officer (Department of Code Enforcement)

administration of this code, the Executive Director of the Department of Metropolitan Development and

appointed by the Mayor or his designees.

: The official who is charged with theCode Official

duly authorized representative.

: The officials who are charged with the administration and enforcement of this chapter, or anyCondemn

: To adjudge unfit for occupancy or use.Construction documents

describing the design, location and physical characteristics of the elements of the project necessary for

obtaining a building permit. A representative designated by the owner shall draw the construction drawings to

an appropriate scale.

: All the written, graphic and pictorial documents prepared or assembled forDwellings

:Dormitory

series of closely associated rooms, for persons not members of the same family group.

: A space in a building where group-sleeping accommodations are provided in one room, or in aDwelling Unit

permanent provisions for living, sleeping, eating, cooking, and sanitation.

: A single unit providing complete, independent living facilities for one or more persons, includingHotel:

rented or hired, for sleeping purposes by guests.

Any building containing six or more guestrooms, intended or designed to be occupied, or which areOne Family dwelling

: A building containing one dwelling unit with not more than five lodgers or boarders.Rooming house

occupied as a one family dwelling or two-family dwelling.

: A building arranged or occupied for lodging, with or without meals, for compensation and notRooming unit

occupied for sleeping or living, but not for cooking purposes.

: Any room or group of rooms forming a single habitable unit occupied or intended to beTwo-family dwelling

family.

: A building containing two dwelling units with not more than five lodgers or boarders perMulti-unit dwelling

: A building containing three or more units in one building.Exterior property

easement or right-of-way.

: The open space on the premises which may include adjoining property, such as anExtermination

places; by removing or making inaccessible materials that serve as their food; by poison spraying, fumigating,

trapping or by any other approved pest elimination methods.

: The control and elimination of insects, rodents or other pests by eliminating their harborageFamily

directly to the individual or married couple by blood or marriage; or a group of not more than five unrelated

persons, living together as a single housekeeping unit in a dwelling unit.

: An individual or married couple and the children thereof with not more than two other persons related2

Fire Code

officially designated by the legislative body of the City of Evansville for the regulation of construction, alteration,

addition, repair, removal, demolition, location, occupancy and maintenance of buildings and structures.

: The fire code officially adopted by the legislative body of the City of Evansville, or other such codesGarbage

of food.

: The animal and vegetable waste resulting from the handling, preparation, cooking and consumptionGarbage container

sufficient strength and size to enable the collector to easily lift and empty the container, or a 30- pound

capacity bag.

: A leak proof container of 30-gallon capacity, having a tightly fitting lid and side handles ofHabitable space

halls, storage or utility spaces, and similar areas are not considered habitable spaces.

: Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet rooms, closets,Hazardous condition

condition caused by weather such as rain, snow or ice.

: Any condition likely to cause injury to any person. It shall not mean a temporaryInfestation:

pests.

The presence, within or contiguous to, a structure or premises of insects, rodents, vermin or otherInspection Certificate

the manufacturer, the function and performance characteristics, and the name and identification of an

approved agency, which indicates that the product or material has been inspected and evaluated by an

approved agency.

: An identification applied on a product by an approved agency containing the name ofLabel

the function and performance characteristics of the product or material, and the name, and identification of an

approved agency and which indicates that the representative sample of the product or material has been

tested and evaluated by an approved agency.

: Identification applied on a product by the manufacturer, which contains the name of the manufacturer,Let for occupancy or let

rooming unit, building, premise or structure, whether for a fee or not, by a person who is or is not the legal

owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a

recorded or unrecorded agreement of contract for the sale of land.

: To permit, provide or offer possession or occupancy of a dwelling, dwelling unit,Manufacturer’s Designation

or material complies with a specified standard or set of rules (see also Mark, Label, and Inspection Certificate).

: Identification applied on a product by the manufacturer indicating that a productMark

function of a product or material (see also Manufacturer’s Designation, Label and Inspection Certificate.)

: Identification applied on a product by the manufacturer indicating the name of the manufacturer and theOccupancy

: The purpose for which a building or portion thereof is utilized or occupied.Occupant

: Any person living or sleeping in a building; or having possession of a space within a building.Openable area

directly to the outdoors.

: That part of a window or door which is available for unobstructed ventilation and which opensOperator/Manager

offered for occupancy.

: Any person who has charge, care or control of a structure or premises which is let orOwner

leasehold, excluding, however, a mortgagee or other lien holder; Land Trust trustee; and the seller under the

terms of a Land Contract (but only if the City has been notified of the identity of the purchaser or purchasers or

the Land Contract has been recorded in the office of the Recorder of Vanderburgh County, Indiana).

: Any person or other entity holding or entitled to an interest in the premises, legal, equitable orPerson

other legal entity recognized under the laws of the State of Indiana.

: An individual, firm, limited liability company, corporation, partnership, association, fiduciary, or anyPerson in control

owner, or such other person who has a present possessory interest in the property.

: An individual who is an owner, tenant, representative of the owner, manager hired by thePlumbing fixture

distribution system of the premises, and demands a supply of water there from; or discharges waste water,

liquid-borne waste materials, or sewage either directly or indirectly to the drainage system of the premises; or

which requires both a water supply connection and a discharge to the drainage system of the premises.

: A receptacle or device which is either permanently or temporarily connected to the waterPremises

Public nuisance: For purposes of this chapter, includes any of the following:

1. The physical condition or occupancy of any premises regarded as a public nuisance at common law;

2. Any physical condition or occupancy of any premises or its attached or detached structures considered an

attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations

and unsafe fences or structures;

3. Any premises that has unsanitary sewerage or plumbing facilities;

: A lot, plot or parcel of land including any structures thereon.3

4. Any premises designated as unsafe for human habitation;

5. Any premises from which the plumbing, heating or facilities required by this code have been removed, or

from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required

precautions against trespassers have not been provided;

6. Any premise that is unsanitary, or that is littered with rubbish, trash, debris or garbage, or that has an

uncontrolled growth of weeds; or

7. Any structure that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open,

vacant or abandoned; damaged by fire to the extent so as not to provide shelter; in danger of collapse or

failure; and dangerous to anyone on or near the premises.

Registered Design professional

architecture or engineering, as defined by the statutory requirements of the professional registration laws of the

State of Indiana.

: An architect or engineer, registered or licensed to practice professionalRubbish

residue from the burning of wood, coal, coke and other combustible materials, paper rags, cartons, boxes,

wood, used furniture, used automobile parts, excelsior, rubber, leather, tree branches, yard trimmings, cans,

metals, mineral matter, glass, crockery and dust and other similar materials.

: Combustible and noncombustible waste materials, except garbage; the term shall include theStructure

: That which is built or constructed or a portion thereof.Substantial Property Interest

authorized by this Code, including a fee interest, a life estate interest, a future interest, a present possessory

interest, or an equitable interest of a contract purchaser.

: Any right in real property that may be affected in a substantial way by actionsTenant

portion thereof as a unit.

: A person or group of persons, whether or not the legal owner of record, occupying a building orTrash and/or Debris

or public, or causing a fire hazard or rodent harborage.

: Discarded, decayed or used materials deleterious to safety or sanitation of the occupantThis subchapter

Toilet room: A room containing a water closet or urinal but not a bathtub or shower.

: Sections 15.150.175 through 15.150.210 of the Municipal Code.Unsecured Structure

exterior stairs, which are visibly open to unlawful entry.

: A unit with first floor doors, windows, voids, or a second story opening accessible byVentilation

such air from, any space.

: The natural or mechanical process of supplying conditioned or unconditioned air to, or removingWorkmanlike

without marring adjacent work.

: Executed in a skilled manner; e.g., generally plumb, level, square, in line, undamaged, andYard

: An open space on a lot, with a structure, under the control of the occupant or owner.(B) Interchangeability

Words stated in the present tense include the future; words stated in the masculine gender include the

feminine and neuter; the singular number includes the plural and the plural the singular.

.(C) Terms defined in other codes

Where terms are not defined in this code and are defined in the building, plumbing or mechanical codes listed

in Section 15.150.015 such terms shall have the meanings ascribed to them as in those codes.

.(D) Parts

unit” or “story” are stated in this code, they shall be construed as though they are followed by the words “or any

part thereof.”

. Whenever the words “dwelling unit,” “dwelling,” “premises,” “building,” “rooming house,” “rooming(E) Authority

This chapter is adopted under IC 36-1-6 and IC 36-1-3.

.15.150.176 PROPERTY MAINTENANCE CODE

(A)

of Evansville, Indiana. If there is any conflict between the PMC and the Building Code the Building

Codes shall apply. If the Building Codes are silent as to what is required, the PMC shall control.

These sections 15.150.175 through 15.150.210 shall be known as the Property Maintenance Code (PMC)(B) Purpose

The Property Maintenance Code is intended to protect the public health, safety and welfare in all existing

residential and nonresidential, and on all existing premises by establishing minimum requirements and

standards for premises, structures, equipment, and facilities for light, ventilation, space, heating, sanitation,

protection from the elements, life safety, safety from fire and other hazards, and for safe and sanitary

maintenance; fixing the responsibility of owners, operators and occupants; regulating the occupancy of existing

structures and premises, and providing for administration, enforcement and penalties.

This chapter shall be construed to secure its expressed intent, which is to ensure public health, safety and

welfare insofar as they are affected by the continued occupancy and maintenance of structures and premises.

Existing structures and premises that do not comply with these provisions shall be altered, repaired or removed

to provide a minimum level of health and safety as required herein.

No owner, occupant or tenant of a building shall be required to alter, remediate, repair or rehabilitate a building

to conform with the following provisions of the Property Maintenance Code (Sections 15.150.178, 183, 184,

186, 187, 190 through 205 and 207 through 210 of Title 15) if at the time a building was constructed, or later

altered as permitted and inspected by the City, said building met all applicable building, fire safety and

occupant safety codes in effect at the time of construction or approved alteration, and maintained to that

standard, unless alteration, remediation or repair is necessary to:

1) maintain safety, soundness and support actual designed loads of the building as required at the time of

original construction or subsequent permitted alteration;

2) maintain fire safety for exiting, smoke detectors, wiring and HVAC at a level required at the time of original

construction or subsequent permitted alteration; or

3) comply with the Property Maintenance Code as it specifically regulates occupant safety features for safety

glass in areas of bath tubs, showers, in and adjacent to doors and landings on stairs.”

.(D) Existing remedies

The provisions in this chapter shall not be construed to abolish or impair existing remedies of the City of

Evansville or its officers or agencies relating to the removal or demolition of any structure that is dangerous,

unsafe and unsanitary.

.(E) Workmanship

All repairs, maintenance work, alterations or installations that are caused directly or indirectly by the

enforcement of this code shall be executed and installed in an approved workmanlike manner.

.(F) Application of other codes

Any repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with

Section 15.150.015 through 15.150.120.

.(G) Validity

If any section, subsection, paragraph, sentence, clause or phrase of this code shall be declared invalid for any

reason whatsoever, such decision shall not affect the remaining portions of this code that shall continue in full

force and effect, and to this end the provisions of this code are hereby declared to be severable.

.(H) Saving clause

This code shall not affect violations of any other ordinance, code or regulation existing prior to the effective

date hereof, and any such violation shall be governed and shall continue to be punishable to the full extent of

the law under the provisions of those ordinances, codes or regulations in effect at the time the violation was

committed.

.15.150.177 MAINTENANCE

All equipment, systems, devices and safeguards required by this code or a previous statute or code for the

structure or premises when erected or altered shall be maintained in good working order, defined as

“functioning in the manner for which it was designed.” The requirements of this code are not intended to

provide the basis for removal or abrogation of fire protection and safety systems and devices in existing

structures.

15.150.178 APPROVAL

(A) Approved materials and equipment

All materials, equipment and devices approved by the code official shall be constructed and installed in

accordance with such approval consistent with this Municipal Code and applicable State law.

.(B) Material and equipment reuse

Building materials may be reused if structurally sound, capable of supporting loads imposed and approved by

the code official.

.(C) Alternative materials and equipment

The provisions of this code are not intended to prevent the installation of any material or method of

construction not specifically prescribed by this code, provided that any such alternative has been approved by

a code official. An alternative material or method of construction shall be approved when the code official finds

that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the

material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in this

code in quality, strength, effectiveness, fire resistance, durability and safety.

(D) Research and investigations

Sufficient technical data shall be submitted to substantiate the proposed installation of any material or

assembly. If it is determined that the evidence submitted is satisfactory proof of performance for the proposed

installation, the code official shall approve such alternative subject to the requirements of this code. The owner

shall pay the cost of all tests, reports and investigations required under these provisions.

.15.150.179 DUTIES AND POWERS OF THE CODE OFFICIAL

(A) General

The code official shall be authorized to enforce the provisions of this code.

.(B) Notices and orders

The code official shall issue the notices or orders required under this code.

.(C) Right of Entry of Occupied Structures and Premises

The code official is authorized to enter occupied structures or premises at reasonable times to inspect subject

to permission by the owner or the person in control of the premises and constitutional restrictions on

unreasonable searches and seizures. If a code official is denied entry to any building or the premises after a

request is made, said code official may obtain an administrative search warrant or other authorization from a

court of law to enter the premises and conduct the necessary and authorized search. Such search warrant

shall be requested from a court upon the submission of any photographs obtained from public property or

neighboring property, an affidavit supporting a reason to believe a violation exists of this Property Maintenance

Code or the Building Code, and/or any other supporting evidence justifying the issuance of the search warrant

in compliance with Fourth Amendment requirements. If an owner, tenant or other person in control of the

property voluntarily allows entry into the property, no such warrant shall be necessary. The inspection shall be

limited to areas and purposes authorized by the person in control of the premises or the administrative search

warrant. This chapter shall not be construed to require or authorize inspections where there is no cause to

believe a violation exists.

.(D) Right of Entry of Abandoned Structures and Lots

Abandoned structures and lots shall be subject to unrestricted, complete and thorough code inspections,

including legal right of entry into those structures found unsecured. All abandoned structures and lots shall be

subject to vigorous code enforcement and it shall be the duty of the Code Official to give abandoned structures

and lots priority enforcement to ensure public safety and welfare.

.(E) Identification

The code official shall carry proper identification when inspecting structures or premises in the performance of

duties under this code.

.(F) Coordination of enforcement

Inspection of premises, the issuance of notices and orders and enforcement thereof shall be the responsibility

of the code official so charged by the City of Evansville. Whenever inspections are necessary by any other

department, the code official shall make reasonable effort to arrange for the coordination of such inspections

so as to minimize the number of visits by inspectors, and to confer with the other departments for the purpose

of eliminating conflicting orders before any are issued. A department shall not, however, delay the issuance of

any emergency orders.

.(G) Rule-making authority

The Chief Administrative Officer or Building Commissioner shall have power as necessary in the interest of

public health, safety and general welfare, to adopt and promulgate rules and regulations to interpret and

implement the provisions of this code to secure the intent thereof and to designate requirements applicable

because of local climatic or other conditions. Such rules shall not have the effect of waiving structural or fire

performance requirements specifically provided for in this code or of violating accepted engineering practice

involving public safety.

.(H) Organization

The Chief Administrative Officer or Building Commissioner shall appoint such number of officers, technical

assistants, inspectors and other employees as shall be necessary for the administration of this code and as

authorized by the appointing authority. The Chief Administrative Officer or Building Commissioner is authorized

to designate an employee as a deputy who shall exercise all the powers of code official during the temporary

absence or disability of the code official.

.(I) Restriction of employees

An official or employee connected with the enforcement of this code, shall not be engaged in, or directly or

indirectly connected with, the furnishing of labor, materials or appliances for the construction, alteration or

maintenance of a building, or the preparation of construction documents thereof, unless that person is the

owner of the building; nor shall such officer or employee engage in any work that conflicts with official duties or

with the interests of the department.

15.150.180 Notice of Violation

(A) Notice to Owner, occupant or Other Responsible Party

violation of the Property Maintenance Code, the Department of Code Enforcement (Department)

shall issue a Notice of Violation to the owner, tenant or other responsible party, or other party having a

substantial property interest, giving the owner, or occupant or other responsible party not less than ten (10),

nor more than 60, calendar days notice to correct the violation. If applicable, said notice shall also state that if

violations are not corrected within the ten (10) days but no more than sixty (60) days, the Department may

undertake the following action:

1. issue a monetary penalty for a violation of this code;

2. obtain a court order directing the owner, tenant or other responsible party to take corrective action; and/or

3. obtain a court order to enter the property and have the violations corrected either by its own workers and

equipment or by a contractor hired by the department for this purpose. This notice must also state that if the

violations are corrected by the department or its agent, the owner will be liable for the cost incurred by the

department in correcting the violations, as well as the average processing cost incurred by the department in

processing the matter. Nothing herein shall prevent the owner from commencing legal proceedings against the

tenant or other responsible party to enforce the provisions of a lease or seek other relief appropriate under the

circumstances.

- Content. For any property found to be in(B) Manner of Legal Service

Any notices to be given hereunder shall be deemed sufficiently given when placed in an envelope directed to

the person to be notified at the owner’ s address and deposited in a United States Post Office mailbox postage

prepaid. Such postal notice shall be by regular first class mail and by certified mail, return receipt requested.

Should said return show that the person to be notified has refused delivery of such certified letter or that such

certified letter was unclaimed by the addressee, this refusal or failure to claim such letter shall constitute

sufficient service hereunder. In addition, such Notice shall be posted at the property. The Notice shall state:

(1) The location of the violation;

(2) The nature of the violation;

(3) The time period for correcting the violation;

(4) The remedy that the Department may seek to abate the violation.

(5) Any penalty amounts resulting from violation)s).

.(C) Appeal of Notice of Violations and Penalties

and penalties in writing to the Department. Said appeal may be filed in person with the Department or by

certified mail. Said appeal must be received by the Department on or before the tenth (10th) calendar day after

which the Notice is served in subsection (B) above.

. An owner who receives a Notice may appeal said notice(D) Emergency Action

No section of this Property Maintenance Code shall prevent the Department from executing emergency action

as set forth in IC 36-7-9-9.

.15.150.181 Liability for costs incurred in Abating the Violation

(A) When a violation of the Property Maintenance Code is abated by action of the department or its contractor

the owner(s) of record at the time the Notice to Correct Violation was sent is jointly and severally liable for the

following costs:

(1) The actual cost of the work performed by the department or the bid price of work accomplished by a

contractor;

(2) An amount that represents a reasonable forecast of the average processing expense that will be incurred

by the department in taking the technical, administrative, and legal actions concerning typical violations. In

calculating the amount of the average processing expense, the following costs may be considered:

(a) The cost of obtaining reliable information about the identity and location of the owner.

(b) The cost of preparing and mailing notices.

(d) The pro-rated cost of motor vehicle operating costs for department owned vehicles or the cost of mileage

for the use of employees’ private vehicles.

(e) The cost of supplies, equipment and office space.

(B) The Board of Public Works shall determine the amount of the average processing expense at a public

hearing, after notice has been given in the same manner as is required for other official action of the board. In

determining the average processing expense, the board may fix the amount at a full dollar amount that is an

even multiple of five (5).

15.150.182 Notice of costs incurred in abatement of violation

(A) The department shall issue a bill to the owner of the real property for the costs incurred by the department

in bringing the property into compliance with this chapter, including administrative costs, abatement costs, and

the costs of any penalty.

(B) The expenses incurred by the City to bring the property into compliance shall constitute a lien against the

property. The lien is superior to all other liens except liens for taxes, in an amount that does not exceed:

1. Two thousand five hundred dollars ($2,500) for real property that:

(A) Contains one (1) or more occupied or unoccupied single or double family dwelling or appurtenances or

additions to those dwellings; or

(B) Is unimproved; or

2. Ten thousand ($10,000) for all other real property not described in subdivision (1).

(30) days, certify to the county auditor the amount of the bill, plus any additional administrative costs incurred

in the certification. The auditor shall place the total amount certified on the tax duplicate for the property

affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are

collected and shall be disbursed to the to municipal fund from which such costs were made.

(D) A property owner desiring to appeal the cost of abatement of violations, shall petition the department in

writing within ten (10) days of the date of the Notice of Cost of Abatement of Violation. The only basis for

appeal which the department may consider include:

(1) The abatement of violation was corrected on the property for which the Notice was issued or was removed

by the department or its agent before the ten (10) days notice required by Section 15.150.180 of this chapter;

(2) The owner was not served legal notice of the violation;

(3) The notification process was not completed properly.

The Department shall consider such appeals and may adjust or waive said costs as warranted.

15.150.183 Notice upon transfer of ownership

It shall be a violation of this chapter for the owner of any dwelling unit or structure who has received a

compliance order or upon whom a notice of violation has been service to sell, transfer, mortgage, lease or

otherwise dispose of to another until such owner shall first furnish the grantee, transferee, mortgagee or lessee

a true copy of any compliance order or notice of violation issued by the code official.

15.150.184 GENERAL REQUIREMENTS

(A) Scope

The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for

maintenance of structures, equipment and exterior property.

.(B) Responsibility

1. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in

a sanitary and safe condition and which do not comply with the requirements of this Property Maintenance

Code.

2. It shall be unlawful for an owner, occupant or utility provider to activate the electric, gas or water source to a

premises without approval of the Code Official.

.(C) Vacant Structures and Land

All vacant structures and premises thereon or vacant land shall be maintained in a clean, safe, secure and

sanitary condition as provided herein so as not to cause a blighting problem or adversely affect the public

health or safety.

(Ord. G-2008-29, passed 12-10-08)

.15.150.185 EXTERIOR PROPERTY AREAS

(A) Sanitation

All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant

shall keep that part of the exterior property, which such occupant occupies or controls, in a clean and sanitary

condition.

.(B) Grading and Drainage

All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of

water thereon, or within any structure located thereon. See Chapter 9.98 Erosion and Sediment Control of the

Municipal Code.

Stairs and similar areas shall be kept in a proper state of repair, and maintained free from hazardous

conditions.

.(D) Weeds & Rank Vegetation

See Section 9.93.40 through 9.93.99 of the Municipal Code.

.(E) Rodent Harborage

All structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are

found, they shall be promptly exterminated by approved processes which will not be injurious to human health.

After extermination, proper precautions shall be taken to eliminate rodent harborage and prevent reinfestation.

.(F) Exhaust vents

Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke,

odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or

that of another tenant.

.(G) Accessory Structures

All accessory structures on premises shall be maintained in compliance with this chapter.

.(H) Swimming pools

Swimming pools shall be maintained in a clean and sanitary condition, and in good repair.

.(I) Motor Vehicles

See Subchapter 9.94.10 through 9.94.22 Abandoned Vehicles of the Municipal Code.

.(J) Defacement of property

No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or

building on any private or public property by placing thereon any marking, carving or graffiti without the consent

of the owner. It shall be the responsibility of the owner to restore said surface to an approved state of

maintenance and repair.

.(K) Exterior Use or Storage of Indoor Furniture Prohibited

No person occupying or having control of any premises shall allow the use or storage of furniture which is

upholstered or not designed for outdoor use in an uncovered or exposed area where it is likely to decay,

decompose, or retain moisture causing a health hazard.

(Ord. G-2008-29, passed 12-10-08)

.15.150.186 EXTERIOR STRUCTURE

(A) General

as not to pose a threat to the public health, safety, welfare or be a public nuisance.

. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so(B) Protective Treatment

All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim,

balconies, decks and fences shall be maintained in good condition. Exterior wood surfaces, other than decay

resistant woods, shall be protected from the elements and decay by painting or other protective covering or

treatment. Peeling, flaking and chipped paint shall be eliminated and surfaces repainted. All siding and

masonry joints as well as those between the building envelope and the perimeter of windows, doors, and

skylights shall be maintained weather resistant and water tight. All metal surfaces subject to rust or corrosion

shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and

coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces.

Surfaces designed for stabilization by oxidation are exempt from this requirement.

.(C) Posting of Street Numbers

To enhance response for emergency services, it shall be the responsibility of each and every property owner,

trustee, lessee, agent and occupant of each residence, apartment building, business or industry (“Affected

Party”) to purchase, post and maintain address numbers as required under this policy at all times. Each

structure to which a street number has been assigned shall have such number or number series displayed in a

position easily observed and readable from the public right-of-way. All numbers shall be in Arabic numerals (or

equivalent) at least 3 inches (76 mm) high and a minimum of one-half inch (13 mm) stroke and shall be a

contrasting color from the background, house, apartment building, business or industry and be clearly visible

night and day. Each required number shall be affixed on the front of the building or on a mailbox located on the

same lot in such a location that it may be easily and readily seen by a person of ordinary eyesight on the public

street or highway upon which the building abuts. If the structure is 50 feet or more from the road, the address

number must be at the entrance to driveway accessing the structure and on the structure if multiple buildings

are located on the same drive. The sign at the drive or on a mailbox located on the same lot should be placed

perpendicular to the road, or facing the road, so the number can be seen when traveling from either direction. If

a structure can be accessed through an alleyway, the numbers must also be posted at the rear of the structure

or on an outbuilding adjoining the alley in the same manner they are posted on the front of the structure.

Multiple unit structures should display the building number in such a manner as to be visible from the road as

outlined above and in addition, unit numbers should be clearly placed at the entrance of each unit. It shall be

the duty of the each and every Affected Party, upon affixing a new address number, to remove any conflicting

number. It shall be unlawful to cover any address number with any sign, drapery, or other obstruction tending

to conceal such number. Any Affected Party who is in violation of this Section shall receive a notice of such

violation from the Evansville Police Department and shall then have fifteen (15) days from the date of such

notice to cure such violation. If such violation is not cured within such fifteen (15) day period, such Affected

Party shall be fined in the amount of Twenty-Five Dollars ($25.00), and shall have another fifteen (15) days to

cure such violation. If such violation is not cured during the second fifteen (15) day period, then such Affected

Party shall be fined Fifty Dollars ($50.00), and shall have another fifteen (15) days to cure the violation. If such

violation is not cured during the third fifteen (15) day period, then such Affected Party shall be fined One

Hundred Dollars ($100.00). Thereafter, such Affected Party shall be fined in the amount of One Hundred

Dollars ($100.00) following each additional fifteen (15) day period that the Affected Party continues in violation

of this Section. All fines shall be deposited in the Office of the City Clerk. If any Affected Party is unable to

conform to the specifications for posting of street numbers as set forth in this Section, and wishes to use an

alternative method of posting its street number, such alternative method must be approved in advance by the

Evansville Police Department.”

(D) Structural members

All structural members shall be maintained free from deterioration, and shall be capable of safely supporting

the imposed dead and live loads.

.(E) Foundation walls

All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such

condition so as to prevent the entry of rodents. Mortar joints shall be maintained.

.(F) Exterior walls

All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof

and properly surface coated where required to prevent deterioration.

.(G) Roofs and drainage

The roof and flashing shall be sound, tight and not have defects that admit rain. Roofing shall be installed as

walls or interior portion of the structure. Every structure shall have adequate gutters and downspouts in sound

condition maintained in good repair to divert normal rainwater from the roof to available storm sewer or to other

areas on the premises where dispersal of water will not adversely affect the foundation of any structure. If there

is no storm sewer available, the downspouts shall terminate above grade with a diverter and splash block to

direct water away from the foundation of this and adjacent dwellings. The code official shall have the authority

to approve or disapprove the dispersal location of the roof water in conjunction with other regulations of this

code. Approved altered drain system such as yard drains specifically designed to prevent water accumulation

at foundation shall be considered an approved method of dispersal.

.(H) Decorative features

All cornices, belt courses, corbels, terra cotta trim; wall facing and similar decorative features shall be

maintained in good repair with proper anchorage and in a safe condition.

.(I) Overhang extensions

All canopies, marquees, signs, metal awnings, fire escapes, standpipes, exhaust ducts and similar overhang

extensions shall be maintained in good repair and be properly anchored so as to be kept in a sound condition.

When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay

or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.

.(J) Stairways, decks, porches and balconies

Every exterior stairway, deck, porch and balcony, and all attached or detached structures thereto, shall be

maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed

loads.

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(K) Chimneys and towers

All chimneys, cooling towers, smoke stacks, and similar attached or detached structures shall be maintained

structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from

the elements and against decay or rust by periodic application of weather-coating materials, such as paint or

similar surface treatment.

.(L) Handrails and guardrails

Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and

shall be maintained in good condition.

.(M) Window and doorframes

Every window, door and frame shall be kept in sound condition, good repair and weather tight.

(1) Glazing. All glazing materials shall be maintained free from cracks and holes.

(2) Openable windows. Every window, other than a fixed window, shall be easily opened and capable of being

held in position by window hardware.

.(N) Insect screens

During the period from April 1 to November 1, every door, window and other outside opening utilized or

required for ventilation purposes serving any structure containing habitable rooms, food preparation areas,

food service areas, or any areas where products to be included or utilized in food for human consumption are

processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less

than 16 mesh per inch and every swinging door shall have a self-closing device in good working condition.

Exception: Screen doors and windows shall not be required where other approved means, such as air

conditioners, air curtains or insect repellent fans are employed.

.(O) Doors

All exterior doors and hardware shall be maintained in good condition. Locks at all entrances to dwelling units

and rooming units shall tightly secure the door.

.(P) Basement hatchways

Every basement hatchway shall be maintained in good condition to prevent the entrance of rodents, rain and

surface drainage water and capable of supporting normally imposed loads.

.(Q) Basement windows

Every basement window that is openable shall be supplied with rodent proof shields, storm windows or other

approved protection against the entry of rodents.

(Ord. G-2008-8, passed 3-18-08) (Ord. G-2008-29, passed 12-10-08)

.15.150.187 INTERIOR STRUCTURE

(A) General

Every occupant shall keep that part of the structure that such occupant occupies or controls in a clean and

sanitary condition. Every owner of a structure containing a rooming house, a hotel, a motel, a dormitory, two or

more dwelling units or two or more nonresidential occupancies, shall maintain, in a clean and sanitary

condition, the shared or public areas of the structure and exterior property.

.(B) Structural members

All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.

.(C) Interior surfaces

All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition.

Peeling paint, cracked or loose plaster, decayed wood and other defective surface conditions shall be

corrected.

.(D) Lead-based paint

Interior and exterior painted surfaces of dwellings and child and day care facilities, including fences and

outbuildings, which contain lead levels equal to or greater than 1.0 milligram per square centimeter or in

excess of 0.50-percent lead by weight shall be maintained in a condition free from peeling, chipping and flaking

paint or removed or covered in an approved manner on file with the Vanderburgh County Health Department.

Any surface to be covered shall first be identified by approved warnings as to the lead content of such surface.

See Section 9.93.06 of the Municipal Code.

.(E) Stairs and railings

All interior stairs and railings shall be maintained in sound condition and good repair and capable of supporting

normally imposed loads.

(

.F) Stairs and walking surfaces.11

Every stair, ramp, and floor shall be maintained in sound a condition and good repair and capable of

supporting normally imposed loads.

(G) Handrails and guardrails

Every handrail and guardrail shall be firmly fastened and capable of supporting normally imposed loads and

shall be maintained in good condition.

.15.150.188 RUBBISH AND GARBAGE

(A) Accumulation of rubbish or garbage

All exterior property and premises, and the interior of every structure shall be free from any accumulation of

rubbish or garbage. See Trash & Debris Sections 9.94.03 et seq.

.(B) Disposal of rubbish

Every occupant of a structure shall dispose of all rubbish in a clean and sanitary manner by placing such

rubbish in approved containers. See Sections 9.93.10 through 9.93.33.

.(C) Disposal of garbage

Every occupant of a structure shall dispose of garbage in a clean and sanitary manner by placing such

garbage in an approved garbage disposal facility or approved garbage containers. See Sections 9.93.10

through 9.93.33.

.15.150.189 EXTERMINATION

(A) Infestation

All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are

found shall be promptly exterminated by approved processes that will not be injurious to human health.

After extermination, proper precautions shall be taken to prevent reinfestation.

.(B) Owner

The owner of any structure shall be responsible for extermination of rodents and insects within the structure

prior to renting or leasing the structure.

.(C) Single occupant

The occupant of a one-family dwelling or of a single-tenant non-residential structure shall be responsible for

extermination on the premises after taking possession of the property.

.(D) Multiple occupancy

The owner of a structure containing two or more dwelling units, a multiple occupancy, or a rooming house or a

nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and

exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area

occupied, the occupants shall be responsible for extermination.

.(E) Occupant responsibilities

The occupant of any structure shall be responsible for the continued rodent-free condition of the structure, and

if the occupant fails to maintain the rodent-free condition. The cost of extermination shall be the responsibility

of the occupant.

.Exception

for extermination.

: Where rodent infestations are caused by defects in the structure, the owner shall be responsible15.150.190 LIGHT, VENTILATION & OCCUPANCY LIMITATIONS

(A) Scope

The provisions of this section shall govern the minimum conditions and standards for light, ventilation and

space for occupying a structure.

.(B) Responsibility

The owner of the structure shall provide and maintain light, ventilation and space conditions in compliance with

these requirements. A person shall not occupy as owner-occupant, or permit another person to occupy any

premises that do not comply with the requirements of this section.

(

In lieu of the means for natural light and ventilation herein prescribed, artificial light or mechanical ventilation

complying with the building code listed in Section 15.150.015 shall be permitted.

.C) Alternative devices.(D) LIGHT

(1) Habitable spaces

Every habitable space shall have at least one window of approved size facing directly to the outdoors or to a

court. The minimum total glazed area for every habitable space shall be 8 percent of the floor area of such

room. Wherever walls or other portions of a structure face a window of any room and such obstructions are

located less than 3 feet from the window and extend to a level above that of the ceiling of the room, such

.12

window shall not be deemed to face directly to the outdoors nor to a court and shall not be included as

contributing to the required minimum total window area for the room.

Exception: Where natural light for rooms or spaces without exterior glazing areas is provided through an

adjoining room, the unobstructed opening to the adjoining room shall be at least 8 percent of the floor area of

the interior room or space, but not less than 25 square feet. The exterior glazing area shall be based on the

total floor area being served.

(2) Common halls & stairways

Every common hall and stairway, other than in one- and two-family dwellings, shall be lighted at all times with

at least a 60-watt standard incandescent light bulb or equivalent for each 200 square feet of floor area,

provided that the spacing between lights shall not be greater than 30 feet. Every exterior means of egress

stairway, other than in one- and two-family dwellings, shall be illuminated with a minimum of 1 footcandle (11

lux) at floors, landings and treads.

.(3) Other spaces

All other spaces shall be provided with natural or artificial light sufficient to permit the maintenance of sanitary

conditions, and the safe occupancy of the space and utilization of the appliances, equipment and fixtures.

.(E) VENTILATION

(1) Habitable spaces

Every habitable space shall have at least one openable window. The total openable area of the window in

every room shall be equal to at least 45 percent of the minimum glazed area required in subsection (D) above.

.(2) Bathrooms & toilet rooms

Every bathroom and toilet room shall comply with the ventilation requirements for habitable spaces as required

by subsection (D) above, except that a window shall not be required in spaces equipped with a mechanical

ventilation system that complies with the following:

.(a)

to the exterior and shall not be recirculated to any interior space, including the space from which such air is

withdrawn.

Air exhausted by a mechanical ventilation system from a bathroom within a dwelling unit shall be exhausted(b)

exhausted to the exterior without recirculation to any space, or not more than 85 percent of the exhaust air

shall be recirculated where the system is provided with effective absorption and filtering equipment.

Air exhausted by a mechanical ventilation system from all other bathrooms or toilet rooms shall be(3)

Where injurious, toxic, irritating or noxious fumes, gases, dust or mists are generated; a local exhaust

ventilation system shall be provided to remove the contaminating agent at the source. Air shall be exhausted to

the exterior and not be recirculated to any interior space.

Process ventilation.(4)

Clothes dryer venting systems shall be independent of all other systems and shall be vented to the exterior and

in accordance with the manufacturer’s instructions.

(Ord. G-2008-29, passed 12-10-08)

Clothes dryer exhaust.15.150.191 OCCUPANCY LIMITATIONS

(A) Privacy

Dwelling units, rooming units and dormitory units shall be arranged to provide privacy and be separate from

other adjoining spaces.

.(B)

Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet (6.5 m2) of

floor area, and every room occupied for sleeping purposes by more than one person shall contain at least 50

square feet (4.6 m2) of floor area for each occupant thereof.

Area for sleeping purposes.(C) Water closet accessibility

Every bedroom shall have access to at least one water closet and one lavatory, affording privacy and flooring

impervious to water so as to permit the floor to be easily kept in a clean and sanitary condition.

.(D) Overcrowding prohibited

More occupants than permitted by the minimum area requirements of Table 1 below shall not occupy dwelling

units.

Table 1

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MINIMUM AREA REQUIREMENTS

Minimum area in square feet (b)

Space 1-2 occupants 3-5 occupants 6 +

Living Rm. (a) No Req. 120 150

Dining Rm. (a) No Req. 80 100

Kitchen 50 50 60

Bedrooms

Shall comply with subsection B above

Note (a). See subsection E (below) for combined living room/dining room spaces.

Note (b). 1 square foot = 0.093 m2.

(E) Combined spaces

Combined living room and dining room spaces shall comply with the requirements of Table 1 above, if the total

area is equal to that required for separate rooms and if the space is located so as to function as a combination

living room/dining room.

.(F) Prohibited occupancy

Kitchens, uninhabitable spaces and interior public areas shall not be occupied for sleeping purposes.

.(G) Minimum ceiling heights

Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and habitable basement areas

shall have a clear ceiling height of not less than 7 feet (2134 mm).

.Exceptions

projecting not more than 6 inches (152 mm) below the required ceiling height.

. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and2

purposes, having a ceiling height of not less than 6 feet 8 inches (2033 mm) with not less than 6 feet 4 inches

(1932 mm) of clear height under beams, girders, duct and similar obstructions.

. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation3

of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one third of the required

minimum floor area. In calculating the floor area of such rooms, only those portions of the floor area with a

clear ceiling height of 5 feet (1524 mm) or more shall be included.

. Rooms occupied exclusively for sleeping, study or similar purposes and have a sloped ceiling over all or part(H) Minimum room widths

A habitable room, other than a kitchen, shall not be less than 7 feet (2134 mm) in any plan dimension.

Kitchens shall have a clear passageway of not less than 3 feet (914 mm) between counter fronts and

appliances or counter fronts and walls.

.(I) Food preparation

All spaces to be occupied for food preparation purposes shall contain suitable space and equipment to store,

prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary

disposal of food wastes and refuse, including facilities for temporary storage. Flooring should be constructed

and maintained so as to be reasonable impervious to water and so as to permit the floor to be easily kept in a

clean and sanitary condition.

.(J) Efficiency unit

requirements:

. Nothing in this section shall prohibit an efficiency living unit from meeting the following1

feet (20.4m2). A unit occupied by three occupants shall have a clear floor area of not less than 320 square feet

(29.7m2). These required areas shall be exclusive of the areas required by Items 2 and 3.

. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square2

clear working space of not less than 30 inches (762mm) in front. Light and ventilation conforming to this code

shall be provided.

. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a3

shower.

. The unit shall be provided with a separate bathroom containing a water closet, lavatory, and bathtub or4

. The maximum number of occupants shall be three.(K) Emergency escapes and rescue openings

Every sleeping room shall have at least one openable emergency escape and rescue window or exterior door

opening for emergency escape and rescue. Where openings are provided as a means of escape and rescue

they shall have a sill height of not more than 44 inches above the floor. The net clear opening dimensions

required by this section shall be obtained by the normal operation of the window or door opening from the

.14

inside. Escape and rescue window openings with a finished sill height below the adjacent ground elevation

shall be provided with a window well in accordance with subsection O below.

(L) Minimum opening area

All emergency escape and rescue openings shall have a minimum net clear opening of 4.75 square feet for 1

and 2 family dwellings and 5.7 square feet for all others.

.Exception 1

family dwellings and 5 square feet for all others.

: Grade floor openings shall have a minimum net clear opening of 4.75 square feet for 1 and 2Exception 2

: Existing dwellings shall comply with subsection (K) above.(M) Minimum opening height

The minimum net clear opening height for all emergency escape and rescue openings shall be 24 inches. In

order to comply with subsection L above, the minimum opening width for a 24 inch height is 28.5 inches.

.(N) Minimum opening width

The minimum net clear opening width shall be 20 inches. In order to comply with subsection L above, the

minimum opening height for a 20-inch width is 34.5 inches

.(O) Window wells

The horizontal dimensions of a window well shall allow the emergency escape and rescue opening to be fully

opened. The horizontal dimensions of the window well shall provide a minimum net clear area of nine square

feet with a minimum horizontal projection and width of 36 inches.

.Exception

6 inches into the required dimensions of the window well.

: The ladder or steps required by subsection P below, shall be permitted to encroach a maximum of(P) Ladder and steps

Window wells with a vertical depth greater than 44 inches shall be equipped with a permanently affixed ladder

or steps usable with the window in the fully open position. Ladders or rungs shall have an inside width of all

least 12 inches, shall project at least 3 inches from the wall and shall be spaced not more than 18 inches on

center vertically for the full height of the window well.

(Q) Security

Bars, grilles or screens placed over emergency escape windows shall be releasable or removable from the

inside without the use of a key, tool or force greater than that which is required for normal operation of the

window.

15.150.192 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS

(A) Scope

The provisions of this section shall govern the minimum plumbing facilities and plumbing fixtures to be

provided.

(B) Responsibility

The owner of the structure shall provide and maintain such plumbing facilities and plumbing fixtures in

compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to

occupy any structure or premises that does not comply with the requirements of this section.

The tenant or occupant shall not cause the obstruction of any plumbing facilities or fixtures.

15.150.193 REQUIRED FACILITIES

(A) Dwelling units

Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink which shall

be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as the

water closet or located in close proximity to the door leading directly into the room in which such water closet is

located.

The tenant or occupant shall not cause the obstruction of any plumbing facilities or fixtures.

(B) Rooming houses

At least one water closet, lavatory and bathtub or shower shall be supplied for each four rooming units.

Where private water closets, lavatories, and baths are not provided, one water closet, one lavatory and one

bathtub or shower having access from a public hallway shall be provided for each ten occupants.

:(D) Employee’s facilities

A minimum of one water closet, one lavatory and one drinking facility shall be available to employees at hotels.

:15.150.194 TOILET ROOMS

(A) Privacy

Toilet rooms and bathrooms shall provide privacy and shall not constitute the only passageway to a hall or

other space, or to the exterior. A door and interior locking device shall be provided for all common or shared

bathrooms and toilet rooms in a multiple dwelling.

(B) Location

Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units, shall have access by

traversing not more than one flight of stairs and shall have access from a common hall or passageway.

15.150.195 PLUMBING FIXTURES

(A) General

All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free from

obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures are

designed. All plumbing fixtures shall be maintained in a safe, sanitary and functional condition.

The tenant or occupant shall not cause the obstruction of any plumbing facilities or fixtures.

(B) Fixture clearances

Plumbing fixtures shall have adequate clearances for usage and cleaning.

Where it is found that a plumbing system in a structure constitutes a hazard to the occupants or the structure

by reason of inadequate service, inadequate venting, cross connection, backsiphonage, improper installation,

deterioration or damage or for similar reasons, the code official shall require the defects to be corrected to

eliminate the hazard.

15.150.196 WATER SYSTEM

(A) General

Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be

properly connected to either a public water system or to an approved private water system. All kitchen sink,

lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running

water.

(B) Contamination

The water supply shall be maintained free from contamination, and all water inlets for plumbing fixtures shall

be located above the flood level rim of the fixture. Shampoo basin faucets, janitor sink faucets, and other hose

bibs or faucets to which hoses are attached and left in place, shall be protected by an approved atmospheretype

vacuum breaker or an approved permanently attached hose connection vacuum breaker.

The water supply system shall be installed and maintained to provide a supply of water to plumbing fixtures,

devices and attached or detached structures in sufficient volume and at pressures adequate to enable the

fixtures to function properly, safely, and free from defects and leaks.

(D) Water heating facilities

Water heating facilities shall be properly installed, maintained and provide an adequate amount of water to be

drawn at every required sink, lavatory, bathtub, shower and laundry facility at a temperature of not less than

110 degrees F (43 degrees C.). A gas-burning water heater shall not be located in any bathroom, toilet room,

bedroom or other occupied room normally kept closed, unless adequate combustion air is provided.

An approved combination temperature and pressure relief valve and relief valve discharge pipe shall be

properly installed and maintained on water heaters.

15.150.197 SANITARY DRAINAGE SYSTEM

(A) General

All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private

sewage disposal system.

(B) Maintenance

Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from obstructions,

leaks and defects.

The occupants shall not cause the obstruction of any sanitary drainage system.

15.150.198 STORM DRAINAGE

Drainage of roofs and paved areas, yards and courts, and other open areas on the premises shall not be

discharged in a manner that creates a public nuisance or adversely affects the foundation of any building.

.150.199 MECHANICAL AND ELECTRICAL REQUIREMENTS(A) Scope

The provisions of this section shall govern the minimum mechanical and electrical facilities and equipment to

be provided.

(B) Responsibility

The owner of the structure shall provide and maintain mechanical and electrical facilities and equipment in

compliance with these requirements. A person shall not occupy as owner-occupant or permit another person to

occupy any premises, which does not comply with the requirements of this section.

(1) Facilities required

Heating facilities shall be provided in structures as required by this section.

(2) Residential buildings

Every dwelling shall be provided with heating facilities capable of maintaining a room temperature of 65

degrees F (18 degrees C) in all habitable rooms, bathrooms, and toilet rooms based on the outside

temperature being no lower than 10 degrees F.

(3) Heat supply

Every owner and operator of any building who rents, leases or lets one or more dwelling unit, rooming unit,

dormitory or guestroom on terms, either express or implied, to furnish heat to the occupants thereof shall

supply sufficient heat during the period from October 1 to May 1 to maintain the room temperatures specified in

subpart (2) above, during the hours between 6:30 a.m. and 10:30 p.m. of each day and not less than 60

degrees F (16 degrees C) during other hours.

(4) Room temperature measurement

The required room temperatures shall be measured at a point 3 feet (914 mm) above the floor and 3 feet (914

mm) from the exterior walls.

15.150.200 MECHANICAL EQUIPMENT

(A) Mechanical equipment

All Mechanical equipment, fireplaces and solid fuel-burning appliances shall be properly installed and

maintained in a safe working condition, and shall be capable of performing the intended function. Portable

heating devices or equipment not designed for permanent installation shall not be used as primary source of

heating in any building. Fireplaces that are not intended for use or are unsafe shall be sealed off to prevent

usage.

.(B) Equipment access

Access to mechanical equipment shall be maintained under all weather conditions.

.(C) Cooking and heating equipment

All cooking and heating equipment, components and accessories in every heating, cooking and waterheating

device shall be maintained free from leaks and obstructions.

.(D) Cooking equipment

Cooking appliances shall not be used to provide space heating to meet the minimum requirements of

Section 15.150.199(C)(3).

.(E) Flue

All fuel-burning equipment and appliances shall be connected to an approved chimney or vent.

Exception: Fuel-burning equipment and appliances, which are labeled for unvented operation and are

equipped with an oxygen depletion-warning device.

.(F) Clearances.

All required clearances to combustible materials shall be maintained.

(G) Safety controls

All safety controls for fuel-burning equipment shall be maintained in effective operation.

.(H) Combustion air

A supply of air for complete combustion of the fuel and for ventilation of the space shall be provided for the

fuel-burning equipment.

.(I) Energy conservation devices

Devices purporting to reduce fuel consumption by attachment to a fuel-burning appliance, to the fuel supply

line thereto, or to the vent outlet or vent piping there from, shall not be installed unless labeled for such

purpose and the installation is specifically approved.

.15.150.201 ELECTRICAL FACILITIES

(A) Facilities required

.17

Every occupied building shall be provided with an electrical system in compliance with the requirements of this

section.

(B) Electrical system hazards

Where it is found that the electrical system in a structure constitutes a hazard to the occupants or the structure

by reason of inadequate service, improper fusing, insufficient outlets, improper wiring or installation,

deterioration or damage, or for similar reasons, the code official shall require the defects to be corrected to

eliminate the hazard.

.15.150.202 ELECTRICAL EQUIPMENT

(A) Installation

All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and

approved manner.

.(B) Receptacles

Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every

laundry area shall contain at least one grounded-type receptacle. Every bathroom and areas within 6 feet of

kitchen sinks shall contain GFCI receptacles.

.(C) Lighting fixtures

Every public hall, interior stairway, water closet compartment, bathroom, laundry room and furnace room shall

contain at least one electric lighting fixture.

.15.150.203 DUCT SYSTEMS

General

Duct systems shall be maintained free of all obstructions and shall be capable of providing the required

function. The tenant or occupant shall not cause the obstruction of any duct system.

15.150.204 FIRE SAFETY REQUIREMENTS

(A) Scope.

The provisions of this chapter shall govern the minimum conditions and standards for fire safety relating to

structures and exterior premises, including fire safety facilities and equipment to be provided.

(B) Responsibility

The owner of the premises shall provide and maintain such fire safety facilities and equipment in compliance

with these requirements. A person shall not occupy as owner-occupant or permit another person to occupy any

premises that do not comply with the requirements of this section.

.15.150.205 MEANS OF EXITING

(A) General

A safe, continuous and unobstructed means of exiting shall be provided from the interior of a structure to a

public way.

.(B) Exit capacity

The capacity of the exits serving a floor shall be sufficient for the occupant load thereof.

.(C) Number of exits

In buildings, every occupied story more than two stories above grade shall be provided with not less than two

independent exits. In stories where more than one exit is required, all occupants shall have access to at least

two exits. Every occupied story that is totally below grade shall be provided with not less than two independent

exits.

.Exception

: A single exit is acceptable under any one of the following conditions:1

detection system with smoke detectors located in all corridors, lobbies and common areas.

. Where the building is equipped throughout with an automatic sprinkler system and an automatic fire2

approved smoke proof enclosure or pressurized stairway.

. Where the building is equipped throughout with an automatic fire detection system and the exit is an3

. Where an existing fire escape conforming to the building code is provided.4

its size and location.

. Where the occupant load is less than 10 persons and where a window can be utilized for escape because of(D) Arrangement

Exits from dwelling units, rooming units and dormitory units shall not lead through other such units, or through

toilet rooms or bathrooms.

.(E) Exit signs.

All means of exiting shall be indicated with approved “Exit” signs where required by the building code. All

“Exit” signs shall be maintained visible and all illuminated when required by the building code. “Exit” signs shall

be illuminated at all times that the building is occupied when required by the building code.

(F) Corridor enclosure

All corridors serving an occupant load greater than 30 and the openings therein shall provide an effective

barrier to resist the movement of smoke. All transoms, louvers, doors and other openings shall be closed or

shall be self-closing.

.Exceptions

automatic sprinkler system.

. Corridors in occupancies in other than hazardous occupancies which are equipped throughout with an2

. Corridors that are in compliance with the building code.(G) Dead-end travel distance

All corridors that serve more than one exit shall provide direct connection to such exits. The length of a deadend

corridor shall not exceed 20 feet where the building is not equipped throughout with an automatic sprinkler

system. The dead-end travel distance limitation shall be increased to 40 feet where the building is equipped

throughout with an automatic sprinkler system.

.(H) Stairways, handrails and guardrails

Every exterior and interior flight of stairs having more than three risers shall have at least one handrail. Every

open portion of a landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches

above the floor or grade below shall have guardrails. Handrails shall not be less than 34 inches nor more than

38 inches high, measured vertically above the nosing of the tread or above the finished floor of the landing or

walking surfaces. Guardrails shall not be less than 36 inches high above the floor of the landing, balcony,

porch, deck, ramp, or other walking surfaces in 1 and 2 family dwellings and 42 inches in all others. Balusters

or intermediate supports on guardrails shall be spaced to prevent the passage of a 4-inch sphere.

.(I) Information signs

A sign shall be provided at each floor landing in all interior stairways more than three stories above grade,

designating the floor level above the floor of discharge. All elevator lobby call stations on all floor levels shall be

identified by approved signs in accordance with the requirements for new buildings in the building and fire

code.

.Exception

exiting complying with the building code.

(Ord. G-2008-29, passed 12-10-08)

: The emergency sign shall not be required for elevators that are part of an accessible means of15.150.206 ACCUMULATIONS AND STORAGE

(A) Accumulations

Rubbish, garbage or other materials shall not be stored or allowed to accumulate in stairways, passageways,

doors, windows, fire escapes or other means of exiting. If the premises are leased, common areas and areas

under the control of the owner shall be the responsibility of the owner and all other areas leased by the tenant

shall be the responsibility of the tenant.

.(B) Hazardous material

Combustible, flammable, explosive or other hazardous materials, such as paints, volatile oils and cleaning

fluids, or combustible rubbish, such as wastepaper, boxes and rags, shall not be accumulated or stored unless

such storage complies with the applicable requirements of the building code and the fire prevention code. If the

premises are leased, common areas and areas under the control of the owner shall be the responsibility of the

owner and all other areas leased by the tenant shall be the responsibility of the tenant.

.15.150.207 FIRE RESISTANCE RATINGS

The fire resistance rating of floors, walls, ceilings, and other elements and components shall be maintained.

Alterations or repairs shall not reduce the fire rating of any assembly.

15.150.208 SMOKE DETECTORS

(A) General/Installation

Every dwelling unit shall be equipped with a minimum of one smoke detector installed in accordance with the

following:

at the time of their installation; or

. Existing operable smoke detectors the installation of which conformed to State building and electrical codes2

Two Family Dwelling Code but in no event more than fifteen feet from the bedroom or sleeping area.

. Installation of a smoke detector shall meet the criteria of the Indiana Building Code and the Indiana One and3

. At least one smoke detector shall be installed on each story.19

(B) Power Source

Each smoke detector shall be Underwriters Laboratories, Inc. (UL) approved unless installed prior to the

effective date of this ordinance and otherwise in compliance with State building and electrical codes at the time

of installation, and shall produce an alarm signal upon detection of any visible or invisible particles of

combustion. Each smoke detector shall be either battery powered with a minimum of nine (9) volts, or powered

by a 110-volt alternating unswitched current, or industry equivalent as future technology develops.

.(C) Responsibility

An owner of a dwelling unit shall provide an operable smoke detector or smoke detectors as are required

herein in each dwelling unit before such dwelling unit is occupied as a dwelling unit by any person. If the

premises are leased, the tenant shall be responsible for maintaining any battery necessary for operation of the

smoke detector.

.(D) Testing

The occupant of a dwelling unit shall test each smoke detector at least annually to ensure its operation. If an

occupant discovers a malfunctioning unit, and is not the owner of said unit, the occupant shall notify the owner

within forty-eight (48) hours by certified mail of the malfunction. Upon notification, the owner shall repair the

malfunction within seventy-two (72) hours, unless the malfunction is due to battery maintenance which is the

responsibility of the tenant.

.(E) Battery maintenance

The occupant of a dwelling unit shall ensure that an operable battery is maintained in each battery-operated

smoke detector during his occupancy of the dwelling unit.

.(F) Smoke detector maintenance

If the owner does not occupy a dwelling unit, the owner of the dwelling unit shall maintain each smoke

detector, except for the battery, after others occupy the dwelling unit. The owner for each battery-powered

smoke detector shall supply an operable battery before any person occupies a dwelling unit as a dwelling unit.

.(G) Relief from responsibility

Nothing herein shall prevent the owner from assuming greater responsibilities for maintenance, but the

occupant shall not be relieved of his responsibilities under this Section by such actions of the owner.

.(H) Enforcement

The Fire Chief or his designee, the Building Commissioner or his designee, the Chief Administrative Officer or

his designee may enforce this section and any other person duly designated by the Mayor.

(I) Violation

Any person who violates the provisions of this Section shall be subject to a fine of One Hundred Dollars

($100.00) for each violation, and each day of non-compliance shall be a separate violation. Any person who

intentionally disables a smoke detector shall be subject to a minimum fine of Two Hundred Dollars ($200.00)

for each violation. Additionally, any person who violates the provisions of this section shall be subject to any

and all remedies allowed by law for enforcement of ordinances.

(Ord. G-2008-29, passed 12-10-08)

15.150.209 REFERENCED STANDARDS

Reference Standards

Standards for this Section shall be those listed in Section 15.150.015.

15.150.210 VIOLATIONS AND PENALTY

(A) Unlawful acts

It shall be unlawful for any person, entity, firm or corporation to erect, construct, alter, extend, repair, remove,

demolish, maintain, fail to maintain, provide, fail to provide, occupy, let to another or occupy or permit another

person to occupy any premises, property, structure or equipment regulated by this section, or cause same to

be done, contrary to or in conflict with or in violation of any of the provisions of this Property

Maintenance Code, or to fail to obey a lawful order of the code official, or to remove or deface a placard or

notice posted under the provisions of this section.

.(B) Penalty

Any person who shall violate a provision of this section shall be subject to a civil penalty of not less than $100

per violation for the first Notice of Violation in any calendar year, with the second violation during any calendar

year carrying a civil penalty of $250 per violation, and the third and subsequent violations during any calendar

year carrying a penalty of $500 per violation. The violations must be on the same property or structure to

increase the penalty. A court of law may assess additional civil penalties of up to $5,000.00 against the

property owner for non-compliance.”

.20

.(1)

section 15.150.180. If the violation(s) have been corrected within the time frame listed in the Notice, no further

action will be taken and no penalties imposed. The

Department may, at its discretion, extend the time period needed to correct the violation if the violator has

contacted the Department within the time frame and is working in good faith to remedy the problem.

For non-emergency cases, the Department shall issue a Notice of Violation and penalties as prescribed in(2)

for a first violation shall be imposed. The violator will then have a minimum of ten (10) calendar days to pay the

penalty amount and correct the violation(s) or face additional Notices, and/or progressive penalties as outlined

in 15.150.210 (B), and/or legal action.

If the violation(s) identified in the Notice have not been corrected within the listed time frame, the penalties(3)

violation(s), the Department may send additional notices and/or impose progressive penalties, and/or file a lien

against the property, and/or seek legal action through an administrative hearing and/or court of law.

If, after the first Notice of Violation is issued, the violator refuses to pay the penalty, or correct the(4)

sought. Subsequent Notices of Violations and penalties shall not be issued sooner than ten (10) calendar days,

from the postmarked date of the previous Notice. Total penalty amounts shall not exceed $2500.00 for initial

notices and $7500.00 for each subsequent violation occurrence. Violators may appeal notices and penalties as

set forth in 15.150.210 .

It is not mandatory for a violator to be given notice multiple times before liens are imposed or legal action is(D)

Maintenance Code, the defendant may perform community restitution or service (as defined in I.C. 35-41-1-

4.6) instead of paying the monetary judgment for the ordinance violation if:

If a judgment is entered against a defendant in an action to enforce this Property(1)

service instead of the payment of a monetary judgment;

the defendant and the attorney for the city agree to the defendant’s performance of community restitution or(2)

the terms of the agreement described in (1) above:(a)

I.C. 34-28-5-4(e) for the ordinance violation if the defendant fails to perform the community restitution or

service approved for in the agreement as approved by the court; and

include the amount of the judgment the city requests that the defendant pay under(b)

are recorded in a written instrument signed by the defendant and the attorney for the city;(3)

the agreement is filed in the court where the judgment was entered; and(4)

If a defendant fails to comply with an agreement approved by a court hereunder, the court shall require the

defendant to pay up to the amount of the judgment requested in the action under I.C. 34-28-5-4(e) as if the

defendant had not entered into an agreement hereunder.

This provision is adopted under and shall be construed consistent with I.C. 34-28-5-1(g).

the court approves the agreement.(E)

owner, as appropriate, to make such repairs as are necessary to bring the property into compliance with this

property maintenance code.

In addition to any fines or penalties approved by a court, said court may order the tenant, occupant or(F)

Unsafe Building Fund as set forth in I.C. 36-7- 9-14.”

(‘82 Code, § 150.999) (Ord. G-97-12, passed 8-4-97) (Ord. G-2005-20, passed 10-25-05)

(Ord. G-2008-29, passed 12-10-08)

All fines, fees and penalties collected through this Property Maintenance Code shall be deposited in the