As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section.

Accessory structure means a detached building or structure in a secondary or subordinate capacity from the main or principal building or structure on the same premises.

Appropriate fill material means material that can be properly compacted when used as fill. The fill that is placed from grade to a depth of twelve (12) inches shall consist of at least eighty (80) percent soil base material and have no stones or rocks larger than four (4) inches in any dimension.

Chimney means a vertical masonry shaft of reinforced concrete or other approved noncombustible, heat-resisting material enclosing one (1) or more flues for the purpose of removing products of combustion from solid, liquid or gaseous fuel.

Division of property and land use services or division means the division of property and land use services of the department of business and neighborhood services. The division of property and land use services is the "enforcement authority" as defined in IC 36-7-9-2.

Garbage means the animal and vegetable waste resulting from the handling, preparation, cooking, serving and nonconsumption of food.

Grade means finished ground level.

Health and hospital corporation means the Health and Hospital Corporation of Marion County, Indiana.

Junk vehicle means any vehicle that is no longer licensed or that does not display a current license, from which any part material to the operation of the vehicle has been removed, or that is inoperable for any reason.

Lead-based paint means any paint containing more lead than the level established by the U.S. Consumer Product Safety Commission as being the "safe" level of lead in residential paint and paint products.

Mosquito harborage means any condition or place that promotes the breeding or infestation of mosquitoes.

Owner means any one (1) or more of the following:

(1)

The holder or holders of a fee simple or life estate interest in a parcel of real property;

(2)

The record owner or owners as reflected by the county recorder's office;

(3)

The purchaser or purchasers of such real estate under any contract for the conditional sale thereof; or

(4)

The estate of a decedent, receiver, guardian or custodian, or the corpus of a trust, but not the personal representative or fiduciary of such estate or trust.

(5)

Any mortgagee that has filed a complaint for foreclosure on a structure that is now vacant or abandoned, until title to the premises is transferred to a third party or the complaint is dismissed, within the constraints prescribed in IC 32-30-10.3 and IC 34-30-26.

Premises means a platted lot or part thereof or unplatted lot or parcel of land on which is located a structure and includes any such structure, accessory structure, adjoining alley, easement or drainage way.

Refuse means all putrescible and nonputrescible solids including garbage, rubbish, ashes and dead animals.

Sound condition and good repair means the structure or portion thereof is suitable for use in the manner intended and maintained free of defects and deterioration.

Structure means any manmade construction built up or composed of parts formed together in some definite pattern, such as a building, fence, swimming pool or sign.

Rat harborage means any conditions or place where rats can live, nest or seek shelter.

Rubbish means nonputrescible solid wastes consisting of either:

(1)

Combustible wastes such as paper, cardboard, plastic containers and wood; or

(2)

Noncombustible wastes such as tin cans and crockery.

Tree, when used by itself, means any woody, perennial plant and includes those having a single main stem that grows to a minimum height of over ten (10) feet.

Vacant means currently unoccupied or occupied by vagrants, squatters, trespassers or other persons having no legal right to occupy.

Weeds means vegetation that has attained a height of twelve (12) inches or more and that constitutes a potential rat harborage or other health or safety hazard.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 33; G.O. 33, 2015, § 1; G.O. 41, 2016, § 2)

Cross reference— Definitions generally, ch. 102.

The general provisions in this article shall apply in the interpretation and enforcement of this chapter.

(G.O. 135, 1991, § 1)

This chapter shall be known and may be cited as the "Vacant Building Standards of Marion County, Indiana," and will be referred to herein as "these standards."

(G.O. 135, 1991, § 1)

It is hereby found that there exists, and may exist in the future, vacant buildings which have not been properly maintained and which, because of their deteriorated condition, constitute a significant threat to the public health, safety and social well-being. The Indiana General Assembly, in enacting IC 36-7-9-4.5, found that such buildings create a serious, substantial problem and encouraged local governmental bodies to adopt appropriate maintenance and repair standards so that vigorous and disciplined action can be taken to ensure that vacant buildings are properly maintained and repaired.

(G.O. 135, 1991, § 1)

These standards shall apply to the maintenance, repair and boarding of vacant structures located in the county. These standards shall in no way limit the types of action the division of property and land use services is authorized to take under IC 36-7-9-1 et seq. relative to the exterior of unsafe buildings, the interior of unsafe buildings, or the premises on which unsafe buildings are located.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 34; G.O. 41, 2016, § 2)

Any structure which fails to meet the minimum standards set forth herein shall be deemed a public nuisance and subject to remedial action under IC 36-7-9-1 et seq.

(G.O. 135, 1991, § 1)

Orders or portions of orders issued by the division under IC 36-7-9-6 requiring an owner to bring his or her property into compliance with these standards shall be complied with by the time specified in the order, or as extended by the hearing authority acting under IC 36-7-9-7. However, an order, other than an order requiring immediate boarding, shall provide the owner at least thirty-three (33) days from the mailing of the order to comply or to prepare for an administrative hearing.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 35; G.O. 41, 2016, § 2)

The repair, alteration or rehabilitation of any structure or portion thereof which may be required by the provisions of these standards shall be done in accordance with the applicable state rules and regulations as promulgated by the Indiana Fire Prevention and Building Safety Commission and in accordance with the "Building Standards and Procedures," Chapter 536 of this Code.

(G.O. 135, 1991, § 1)

Nothing in these standards shall permit the abridgement or violation of any provision contained in the "Zoning Ordinance of Marion County," Code of Indianapolis and Marion County, Indiana, appendix D.

(G.O. 135, 1991, § 1)

The repair, alteration or rehabilitation of any structure or portion thereof which may be required by the provisions of these standards shall be done in accordance with IC 36-7-11-1 et seq., "Historic Preservation in Marion County," and with the plans, rules and regulations of the Indianapolis Historic Preservation Commission.

(G.O. 135, 1991, § 1)

No residential structure may be occupied unless all provisions of the "Housing and Environmental Standards Ordinance of Marion County," Chapter 10 of the Code of the Health and Hospital Corporation of Marion County, Indiana, are met. Nothing in these standards shall permit the abridgement or violation of any provision contained in the "Housing and Environmental Standards of Marion County."

(G.O. 135, 1991, § 1)

The owner of a structure shall maintain the structure and premises in a safe and sanitary condition in accordance with the following standards:

(1)

The premises, including abutting sidewalks, gutters and alleys, shall be kept free of high grass and weeds, rubbish, garbage and any material that creates a health, safety or fire hazard. Grass and weeds shall be kept below twelve (12) inches. All dead or broken trees, tree limbs or shrubbery shall be cut and removed from the premises.

(2)

No owner shall accumulate or permit the accumulation of junk, trash and debris, boxes, lumber, scrap metal, junk vehicles or any other materials in such a manner that may provide rat harborage on the premises. Materials stored by the owner or permitted to be stored by the owner shall be stacked safely and elevated at least eighteen (18) inches above the ground.

(3)

No person shall deposit or place any refuse or other hazardous materials in or adjacent to any road, street, alley or other public place unless it is in proper containers for collection.

(4)

All open, uncovered or insecurely covered cisterns, cellars, wells, pits, excavations or vaults situated on any premises shall be properly secured or filled to grade with appropriate fill material.

(5)

Every swimming or wading pool not currently in use shall be maintained in sound condition and good repair. Every pool shall be enclosed by a chain-link, ornamental or solid fence with a self-closing, self-latching gate. The fence, if erected from grade, shall be no less than five (5) feet in height, or if erected from the deck of an aboveground pool, the fence shall be not less than four (4) feet in height. The pool shall be equipped with a cover adequate to protect persons or animals from harm.

(6)

Any swimming pool or wading pool not maintained in sound condition and good repair shall be removed, and the excavation shall be filled to grade with appropriate fill material.

(7)

Every owner shall be responsible to ensure water from the premises is properly disposed of in such a manner that does not interfere with the operation of a private sewage disposal system, create standing water or otherwise create a hazard.

(8)

No structure, vehicle, receptacle, yard, lot, premises or part thereof shall be constructed, made, used, maintained or operated in any manner causing or producing any health or safety hazard or permitted to become a rat harborage or to become conducive to a rat harborage.

(9)

No structure, vehicle, receptacle, yard, lot, premises or part thereof shall be constructed, made, used, maintained or operated in any manner causing or producing any health or safety hazard or permitted to become a mosquito harborage or to become conducive to a mosquito harborage.

(10)

Every foundation, roof, floor, exterior wall and ceiling shall be safe to use and capable of supporting the loads that normal use may cause to be placed thereon and shall be kept in sound condition and good repair. Every outside stair or step shall be maintained in sound condition and good repair.

(11)

Every porch, stoop, deck, veranda, balcony and walk shall be maintained in sound condition and fit for its purpose.

(12)

Structurally sound hand rails shall be provided on any exterior stairs containing four (4) risers or more. Porches, patios and balconies located more than three (3) feet higher than the adjacent areas shall have structurally sound protective guard rails or hand rails. All newly constructed protective railings shall have balusters placed at intervals of not more than four (4) inches apart or shall have other sufficient protective material between the protective railing and the flooring of tread so that a space of not more than four (4) inches is present. Existing protective guard railings shall be acceptable, provided they are maintained in sound condition and good repair.

(13)

Every foundation, roof, exterior wall, door, skylight, window and door shall be weathertight, watertight, and damp-free and shall be kept in sound condition and good repair.

(14)

Every window, exterior door, hatchway or similar device, which is not protected in accordance with section 537-41 or 537-42 of these standards, shall be maintained in sound condition and good repair.

a.

Every exterior door and window that is capable of being opened and other potential means of ingress shall be equipped with hardware for locking and shall be secured so as to prevent unauthorized entry.

b.

Every unprotected window which is broken, cracked or missing glass or glazing shall be replaced and maintained in good repair.

(15)

All exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by paint or other preservative material. All wood surfaces shall be cleaned and freed of flaking, loose or defective surfacing materials prior to painting or applying other preservative material.

(16)

Every masonry wall, foundation and chimney shall be kept in sound, functional, weathertight condition and in good repair.

(17)

Any tree, shrub or other type of vegetation growing in a location or manner which is likely to cause damage to any portion of a structure shall be trimmed or removed so that damage does not occur. Any damage that has occurred to the structure by overgrown trees, shrubs or other vegetation shall be repaired.

(18)

Every owner shall be responsible for the extermination of insects, rats and other vermin in or about the premises.

(19)

Every structure and the premises on which it is located shall be maintained in a rat-free and rat-proof condition.

a.

All openings in the exterior walls, foundations, doors, windows, sewers, pipes, drains, basements, ground and first floors and roofs shall be closed and made rat-proof in an approved manner.

b.

Interior floors of basements, cellars and other areas in contact with the soil shall be made rat-proof in a manner approved by the Health and Hospital Corporation of Marion County, Indiana.

(20)

Unless other provisions are made, gutters, leaders and downspouts shall be provided and maintained in good working condition so as to provide proper drainage of stormwater.

(21)

Every premises shall be graded, drained free of standing water and maintained in a clean, sanitary and safe condition.

(22)

All fences shall be maintained in sound condition and good repair.

(23)

Accessory structures on the premises of a dwelling shall be structurally sound and be maintained in good repair and free of insects and rats. The exterior of such structures shall be made weather resistant through the use of decay-resistant materials, paint or other preservatives.

(24)

Every door, window or other potential means of ingress of an accessory structure shall be secured so as to prevent unauthorized entry.

(25)

No person shall apply a lead-based paint to any surface of a building or part thereof or to any other structure located on the premises.

(26)

Every owner shall maintain in good repair all asbestos-containing materials on the premises. All asbestos-containing materials shall remain free from defects such as holes, cracks, tears and/or looseness that may allow the release of asbestos fibers into the environment.

(G.O. 135, 1991, § 1)

The following standards apply to the boarding of buildings as ordered under IC 36-7-9-5(a)(8):

(1)

If ordered to seal a building, the owner shall comply with the standards set forth in this section.

(2)

The owner shall comply with all exterior maintenance standards contained in Article II of these standards.

(3)

All openings of a building shall be closed. Openings that are more than one (1) square foot in area and located less than twenty (20) feet above the ground or that are accessible from a part of the building such as a fire escape or other means of access shall be secured by the following means:

a.

Plywood or oriented strand board, covered with a weatherproofing substance such as exterior paint or varnish, similar in color to the exterior of the building and cut to the inside dimension of the exterior of the opening, shall be placed in all openings in such a way that no portion of the plywood extends outside the existing frame. The plywood shall be placed against any existing exterior window slide trim or a furring strip. If there is no slide trim or furring strip, an equivalent block shall be installed. The slide trim, furring strip or block shall be sufficient to prevent the plywood from being pushed inward. The plywood or oriented strand board shall be affixed to the exterior frame by use of two and three-quarters-inch or longer ring nails spaced a maximum of eight (8) inches apart.

b.

Where the inside dimension of the opening exceeds twenty-six (26) square feet in area, additional exterior support shall be provided by placing continuous pieces of nominal two-inch by four-inch framing grade lumber on the outside of the plywood in such a manner that every carriage bolt used in the opening passes through and joins such a piece of nominal two-inch by four-inch lumber, the plywood and the interior brace. The round head of the bolt shall be on the outside of such pieces of nominal two-inch by four-inch lumber that gives exterior support. The pieces of nominal two-inch by four-inch framing grade lumber shall be covered with a weatherproofing substance such as exterior paint or varnish, similar in color to the exterior of the building.

c.

In case of a ground level door that is most exposed to view from a public street, the following method of securing shall be used: The door shall be placed in good repair including, but not limited to, closing any openings in the door, repairing hinges on the door and providing for an adequate closure to the opening; and the door shall be locked by the use of not less than two (2) hasp locks and padlocks to be located equidistant from the top and bottom casing and each other. If no door exists, or if it is impractical to repair the existing door, the opening shall be secured in the manner described in this subsection, substituting, however, a piece of plywood for the door.

(4)

Any opening that is less than one (1) square foot in area or that is both more than twenty (20) feet above the ground and not accessible from a part of the building shall be covered so as to prevent entry of birds, rats or other animals and shall be made weathertight. The covering shall be painted in a color similar to the exterior of the building.

(5)

The materials used to secure the openings of a building pursuant to these standards shall meet the following specifications:

a.

Plywood or oriented strand board: no less than one-half-inch exterior grade;

b.

Braces: no less than nominal two-inch by four-inch framing grade lumber; and

c.

Bolts: no less than three-eighths-inch carriage bolts.

(6)

The division of property and land use services may allow the use of other materials and methods of securing openings, including the use of existing doors, if it is shown that, as related to the particular circumstances, the objectives of these standards would be met by the use of such materials and methods.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 36; G.O. 41, 2016, § 2)

When an immediate hazard exists because a structure is open and accessible for unauthorized entry, the division of property and land use services, acting pursuant to IC 36-7-9-5(a)(2), may order the immediate boarding of the building. Such boarding shall be done in a manner described by the division and shall be for a short time period. Such boarding shall not prevent the division from taking further action requiring the owner to bring the property in compliance with these standards.

(G.O. 135, 1991, § 1; G.O. 63, 2009, § 36; G.O. 41, 2016, § 2)