City of Evansville Property Maintenance Code Adopted 12-10-08
15.150.175 DEFINITIONS AND CONSTRUCTION
Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the following
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
: 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
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
: 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
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
: 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
: 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:
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
: 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.
unit” or “story” are stated in this code, they shall be construed as though they are followed by the words “or any
. 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
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.
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.
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
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
(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
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.
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.
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
- 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
(1) The actual cost of the work performed by the department or the bid price of work accomplished by a
(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.
(c) The salaries and fringe benefits of employees.
(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).
(C) If the owner of the real property fails to pay such bill when issued, the department shall, after thirty
(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
The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property.
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
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
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
.(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
Stairs and similar areas shall be kept in a proper state of repair, and maintained free from hazardous
.(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
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
designed by its manufacturer. Roof drainage shall be adequate to prevent dampness or deterioration in the
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
(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.
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
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
.(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
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.
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.
: Where rodent infestations are caused by defects in the structure, the owner shall be responsible15.150.190 LIGHT, VENTILATION & OCCUPANCY LIMITATIONS
The provisions of this section shall govern the minimum conditions and standards for light, ventilation and
space for occupying a structure.
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
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.
(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:
to the exterior and shall not be recirculated to any interior space, including the space from which such air is
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.
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
Dwelling units, rooming units and dormitory units shall be arranged to provide privacy and be separate from
other adjoining spaces.
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
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
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).
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
. 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
. 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
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.
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.
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.
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
15.150.192 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
The provisions of this section shall govern the minimum plumbing facilities and plumbing fixtures to be
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
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
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.
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
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.
(C) Plumbing system hazards
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
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
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
All plumbing fixtures shall be properly connected to either a public sewer system or to an approved private
sewage disposal system.
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
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.
(C) HEATING FACILITIES
(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
.(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
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.
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
.(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
Every occupied building shall be provided with an electrical system in compliance with the requirements of this
(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
All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe and
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
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
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.
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 safe, continuous and unobstructed means of exiting shall be provided from the interior of a structure to a
.(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
: 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.
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
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
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
Every dwelling unit shall be equipped with a minimum of one smoke detector installed in accordance with the
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.
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
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.
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.
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
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.
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.”
(C) Procedure for Violation Penalties
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