HomeMy WebLinkAboutD-1291-97 Unsafe Bldgs AmendOrdinance No. D-1291-97
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY
OF CARMEL, INDIANA PROVIDING FOR THE INSPECTION,
REPAIR AND REMOVAL OF UNSAFE BUILDINGS
WHEREAS, vacanCunsafe and/or deteriorated structures exist or may in the
future exist in the City of Carmel, Indiana; and
WHEREAS, such structures often become dilapidated because they are not
maintained and repaired by the owners or persons in control of same; and
WHEREAS, such structures attract children, become harborage for vermin, serve
as temporary abodes for vagrants and criminals, and are likely to be damaged by vandals
or set ablaze by arsonists; and
WHEREAS, such structures contribute to blight, cause a decrease in property
values and discourage neighbors from making improvements to their properties; and
WHEREAS, the Indiana General Assembly has determined that such structures
create a serious and substantial problem and constitute public nuisances; and
WHEREAS, Indiana Code Section 36-7-9 et seq., provides for the inspection,
repair or removal of unsafe buildings; and
WHEREAS, Indiana Code Section 36-7-9-3 requires the City, should it desire to
enforce the provisions of Indiana Code Section36-7-9 et seq., to adopt such statutory
chapter by ordinance; and
WHEREAS, the Common Council of the City of Carmel has determined that the
adoption by ordinance of Indiana Code Section 36-7-9 et seq. is necessary for the public
health, safety and welfare of the citizens of Carmel.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Carmel that Indiana Code Section 36-7-9 et seq. is hereby adopted in full, and
supplemented by the additional terms and conditions of this Ordinance, Section 6-159,
and further, that the Carmel City Code shall be amended to include such Section 6-159,
entitled "Unsafe Building Regulations," which shall read as follows:
SECTION 6-159 UNSAFE BUILDING REGULATIONS
1. Indiana Code Section 36-7-9 et seq., as amended from time to time, which
addresses unsafe buildings and the enforcement of building standards, is hereby adopted
and incorporated in full by this reference, and is supplemented by the additional terms and
conditions of this Ordinance.
2. Definitions:
de
e,
"City" shall refer to the City of Carmel, Indiana.
"Department" shall refer to the Department of Community Services.
"Director" shall refer to the Director of the Department of Community
Services.
"Hearing Authority" shall refer to the Carreel Board of Public Works and
Safety.
"Mayor" shall mean the City Executive and the head of the Executive
Branch of the City' s government.
"Substantial Property Interest" shall refer to any right in real property that
may be affected in a substantial way by actions authorized hereunder,
including a fee interest, a life estate interest, a future interest, a present
possessory interest and/or the equitable interest of a contract purchaser.
"Unsafe Premises" shall refer to an "unsafe building", as defined
hereinbelow, and the tract of real property on which the unsafe building is
located.
3. All buildings or portions thereof within the City which are determined after
inspection by the Director to be "unsafe" as defined in paragraph 8 hereinbelow, are
hereby declared to be public nuisances and shall be abated by repair, rehabilitation,
demolition, or removal in accordance with the terms and conditions of this Ordinance.
4. The Director shall be authorized to administer and enforce this Ordinance and to
proceed under the provisions hereof in ordering the repair, removal or other disposition of
any building or structure found to be "unsafe."
5. Any hearing required pursuant to such order shall comply with Indiana Code
Section 36-7-9-7.
6. Pursuant to Indiana Code Sections 36-7-9-10 and 36-7-9-11, the Mayor may cause
any action required by an order of the Director hereunder to be performed by a contractor.
7. Any provision hereof which provides for the approval or direction of the Director,
or any other officer of the City, shall be construed as giving such person only the
discretion to determine whether compliance with the rules and standards established by
this Ordinance have occurred, and not as giving such person any discretionary powers as
to the substance of such rules and standards, nor any power to require conditions not
prescribed by this Ordinance, nor any power to enforce these Ordinance provisions in an
arbitrary or discriminatory manner.
8. An "unsafe building" under this Ordinance shall be any building or structure, or
any part of a building or structure, that:
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Is in an impaired structural condition that makes it unsafe to a person or
property;
Is a fire hazard;
Is a hazard to the public health;
Is a public nuisance;
Is dangerous to a person or property because of a violation of a statute or
ordinance conceming building condition or maintenance;
Is vacant and not maintained in a manner that would allow human
habitation, occupancy or use under the requirements of any statute or
ordinance;
Has any door, aisle, passageway or other means of exit that is not of
sufficient width or size or is not arranged so as to provide safe and
adequate means of exit in case of fire or panic;
Has the walking surface of any aisle, passageway, stairway or other means
of exit so warped, wom, loose or otherwise unsafe so as not to provide safe
and adequate means of exit in case of fire or panic;
Has stress on any material, member or portion thereof, due to dead and/or
live loads, that is more than one and one-half times the working stress
allowed for new buildings of similar structure, purpose or location;
Has any portion thereof that has been damaged by fire, earthquake, wind,
flood or other cause to such an extent that the structural strength or
stability thereof is materially less than it was before such event and is less
than the minimum requirements for new buildings of similar structure,
purpose, or location;
Has any portion, member or appurtenance thereof that is reasonably likely
to fail, to become detached or dislodged or to collapse and thereby injure
persons or damage property;
Has any exterior portion, member, appurtenance or omamentation thereon
that is not of sufficient strength or stability, or is not anchored, attached or
fastened, so as to be capable of resisting a wind pressure of one-half of that
specified for new buildings of similar structure, purpose, or location
without exceeding the working stresses permitted for such buildings;
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Has any portion thereof that has warped, buckled or settled to such an
extent that walls or other structural portions have materially less resistance
to winds or earthquakes than is required in the case of new buildings of
similar structure, purpose or location;
Is, or has any portion thereof that, because of ( 1 ) dilapidation,
deterioration, or decay; (2) faulty construction; (3) the removal, movement,
or instability of any portion of the ground necessary for the support of such
building; (4) the deterioration, decay, or inadequacy of its foundation; or,
(5) any other cause, is reasonably likely to partially or completely collapse;
Is, or has any portion thereof that is, manifestly unsafe for the purpose for
which it is being used;
Has exterior walls or other vertical structural members that list, lean or
buckle to such an extent that a plumb line passing through the center of
gravity does not fall inside the middle one-third of the base;
Shows, exclusive of its foundation, thirty-three percent (33%) or more
damage or deterioration of any supporting member, or fifty percent (50%)
or more damage or deterioration of any non-supporting member, enclosure
or outside wall or coveting;
Has been so damaged by fire, wind, earthquake or flood or has become so
dilapidated or deteriorated so as to become (1) an attractive nuisance to
children, or (2) freely accessible to persons for the purpose of committing
unlawful acts;
Has been constructed, exists or is maintained in violation of any specific
requirement or prohibition applicable to such building or structure
provided by any law of the State of Indiana or any City ordinance or
building regulation relating to the condition, location or structure of
buildings;
Has, whether or not it was erected in accordance with all applicable laws
and ordinances, in any non-supporting part, member or portion, less than
fifty percent (50%), or in any supporting part, member, or portion, less
than sixty-six percent (66%), of the (1) strength, (2) fire-resisting qualities
or characteristics, and/or (3) weather-resisting qualities or characteristics
that would be required by law in the case of a newly constructed building
there-at of like area, height and occupancy;
Is used or intended to be used for dwelling purposes and, because of
inadequate maintenance, dilapidation, decay, damage, faulty construction
or arrangement, inadequate light, air or sanitation facilities, or otherwise, is
determined by the Hamilton County Board of Health to be unsanitary,
unfit for human habitation or in such a condition that it is likely to cause
sickness or disease;
Is, because of obsolescence, dilapidated condition, deterioration, damage,
inadequate exits or lack of sufficient fire-resistive construction, determined
by the Carmel Fire Department to be a fire hazard;
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Is the remnant of a building or structure that remains on site after the
attempted demolition or destruction of such building or structure; or
Is abandoned for a period in excess of six (6) months, so as to constitute an
attractive nuisance or hazard to the public.
9. All work for the reconstruction, repair, or demolition of buildings and other
structures performed pursuant hereto shall be performed in a good and workmanlike
manner according to accepted standards and practices in the trade. The provisions of all
building laws referenced in Indiana Code Section 22-12-1-3, as adopted as rules of the
Fire Prevention and Building Safety Commission described in Indiana Code Section 22-
12-1-6, shall be considered standard and acceptable practices for all matters covered
hereby and/or all orders issued by the Director pursuant hereto.
10. An Unsafe Building Fund is hereby established in the operating budget of the City
in accordance with the provisions of Indiana Code Section 36-7-9-14.
11. No person, firm, corporation or other entity, whether as owner, lessee, sublessee,
or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove,
demolish, equip, use, occupy or maintain any building or premises, or cause or permit the
same to be done, contrary to or in violation of any of the provisions of this Ordinance
and/or any order issued by the Director hereunder.
12. Any violation of the provisions of this Ordinance shall constitute a Class C
Infraction for each day such violation continues, except where another penalty is
expressly set forth in Indiana Code Section 36-7-9 et seq.
13. The Carreel Board of Public Works and Safety shall, after proper notice and
hearing, adopt a schedule setting forth the maximum amount of performance bonds
applicable to various types of actions ordered by the Director hereunder and the amount
of the average processing expense incurred in taking the actions necessary hereunder
concerning a typical unsafe premises.
14. Should any section, paragraph, sentence, clause, or phrase of this Ordinance be
declared unconstitutional or invalid for any reason by a court of competent jurisdiction,
the remainder of this Ordinance shall continue in full force and effect and not be affected
thereby.
15. This Ordinance shall be in full force and effect from and after the latter of the date
of its passage, the date it is signed by the Mayor and/or the date on which it complies with
the publication laws of the State of Indiana.
16. All prior ordinances or parts thereof inconsistent with any provision of this
Ordinance are hereby repealed.
~OMMON COUNCIL FOR THE CITY OF CARMEL
g ' ' ', ~ Kevin Kirby, President
. .~ ' ~, 'L ~ ~. ~~~,
. Caner ' . Walker
Diana L. Cordray, Clerk-Treas~f
c/k l T/ l q
Prese e' by, e to the Mayor of the City ~arm~ Indiana on the .5~t)-
of ~.~c~ , 1997. "
Diana . o a ~-~
Date: L~, [~~,
day
Approved by me, Mayor of the City of Carmel, Indiana, this 2,.;Z day of
/ff~/ , 1997. .
es Brainard, Mayor
ATTEST:
Diana L. Cordray, Clerk-Tre
Date:
., _..
Ordinance No. D-t291-97future interest. a present possesso-
AN ORDINANCE OF IHE COM-ry Inlerest and/or the equitable
MeN COUNCIL OF THE CITY OFinterest of a conlrad purchaser.
CARMEL. INDIANA PROVIDINGg. 'Unsafe Premises' shall
FOR THE INSPECTION, REPAIRrefer 1o an 'unsafe building'. as
AND REMOVAL OF UNSAFE defined herelnbeiow, and the Iract
I I unsafe building Is located.
' ...., ......of ,ea, p__., on w. ,h.
end/or deteriorated structures exist3. All buildings or portions
or may In the I' ture exist in the citytheted dhlng the City which are
el Cereal, Ind':ha| and
determined alter inspection by the
WHEREAS such structures Dke~tN fO be 'unsafe' as defined
,h., ,ar. ;\ ha, d.,ed ,o be nu,-
repel ed by pe~ sance~ and shall be ebated by
in Control of sam; andlapel!: rahabfiltation, demolition, or
WHEREAS, such structuresremoval in accordance with the
artreef children. become harborage
for vermin, serve as 1amperetit
abodes Ior vqrants end criminals,
md we Ikely to be denaged by
endale or sat al~lze by eeonista:
~dWHEREAS,' s~ch sltuctures
c nfrlbule to i};Ighf, clues a
c ueHe In proper~t values and
~courege neighbors from making
.... ,. ,o ,h,,,,
WHEREAS. 1 Ihi Indiana
eneral A4sernbly ~as delermleed
at such itructures c'fasta a lerl-
ua and substantial probism and
onetitute public nuMances; and
WHEREAS. ladlena Code
.tedIon 36-7-9 Naeo., provides for
Ihe inspectinn,repair or removal of
unsafe buildings; end
WHEREAS, IndiAna Cede
Sodion 36-7-9-3 requlr,~l (he dry,
7-9 at.sea., to adopt suc~ s{elutoP/
Coundl of th& City of Carnal has
datersintRat the adeption of
S r
Izens of Carrnof.
NOW. TNEREFORE, BE IT
ORDAINED by the Common
Council of the CITY of Carroof that
Indiana Code Soctlon 36-7-9 at
r~g. is hereby adopted in full, and
Ordinan , '
Section 6,169, entitled 'Unsafe
Building R ~ul t no,' which ahal
SECTION 'rl.~ bNSAFE BUILr)-
ING Rr:GUI, ATIONS
t. Indiana Coda Section 36-7-9
st set. as amended from time to
time. which addrassel unsafe
bulMInge and Ihe enforcemeal
building standards. IS hereby
adspied and hlcorpofated II1 full by
Ihis rolerence, arid is sq3plament-
ed by the eddJtloMI tares and con-
dielena of thisrdinanoe.
2. earlnils:.
Car' I h
the Depart~ of Convnunity
,afor 1o
Director. of the Departrnenl of
Community Sotvines.
d. 'Hoadng Authority' shall
"relor to the Careel Board d Publ~
Works and Safety.
e. "Mayor' shal mean the City
Executive and Iha head of the
Executive Branclv. of the Clly's
GoveFnrnent.
f. 'Subslentil. Prepsly
h
Inlarast" shall refer any rfg t in
real pro~edy that ' be affeded
in a substantial wa by anllonl
authorized hereu~Jet, Indeding a
fee interest, a life'Intaresta
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for prompt,
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ass|stallce.
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terms and conditions of this
Ordinance.
4. The DIrector shall be sutho-
dzed to administer end enforce this
0~dinanco and to preceed under
Ihe provisions heed In ordedn9
the mpek, removal or other dl,pcel-
lion of any buldlng or afruclum
found to be 'unsele.'
ked
6. Any hemlag requ pur-
suant to such order ahd comply
wRh Indlanle Code 9eelkin 36-7-9-
7.
I
6. Pumuant 1o lad ann Code
Sections 38-7-9-10 lind 38-7-9-11,
the Mayor me/cause and action
required by an order of the Dkedor
hereunder 1O be pealcreed by e
centrector.
7. Any provision hereof which
provides for the approval or dkec-
lion of the Director, or any other
officer of the City, shall be con-
Itrued as giving such person only
the discretion to determine whether
compilerroe with the rules end stan-
dards established by this
Ordinance have occurred, and
es giving such person any discre-
tionary powers es fo the lubNence
of such rules and standards, nor
any power to requke conditions not
prescribed by this Ordinance, nor
any power fo enlome these
Ordinance provisions In art
Irery or discriminatory manner.
8. An 'unsafe building' under
Ihis ordinance shall be any bulkling
or structure, or any part of a build-
ing or ItNoture, that:
ac Is in an Impeked stmclural
condition that makes it unsafe to ·
person or property;
b. Is a fke hazard;
ea' is a hazard 1O the pubWc
h;
Ic nuisa
d. is apuNace;
e. ledangerous loabemorror
statute or ordinance concerning
!,f. is vacant end not malntalned
In a manner that woukl aitow
human habitatten, o~-'upancy or
use trader the requirements of any
statue or ordinance;
g. Ha any door, atale. pa~
sagway or uther means of exit
h
that Is eel of suffident wk~ or size
or is not arranged so es to provide
safe and adequate means of exll In
case of fire or panic;,
h. Has the walking surface
any &'ski, paasegeway, afalmy or
other insane of exit so 'waqcN~,
worn, loose or utheneise unsafe so
as not Io provide safe and ede
quate means of exit in case of fire
I. Has sfress on any malarial,
member or portion thered, due to
dead and/or live toads, that Is more
than one and one-half limes the
working sirass allowed for new
buildings of similar structure, pur-
pose or localion;
J. Has any portlon.lhared that
has been darnaged by fire, earth-
quake, wind. fkxxl or other cause
1O such an extent that the atructur-
al strength or atabRIty thered Is
matedely lass than it was balers
such event and Is less than the
minimum requirements for new
buildings of aletier StNClUre, pur-
pose, or location:
k. Has any pertion, member or
appurtenance thered that is res-
ionably Ikaly to lall, fo become
datechad or dislodged or to
lapse end thereby injure persane or
diemage property;
L Has any exterior portln,
member, Ippurtanance or orna-
mentation thereeft that Is not of lu~-
lidant strength Ix ati041by, or IS not
anchored, attached or fastened, so
as to be cllplebki or miming eNidrid
prasaote Of one-hal of that apad-
lied for new buildings d similar
stroctum, purpose, or lacelion with-
out exmedlng the woling sirasses
permitted for such buildings;
m, Has any portfen thered that
....
....
.....
has warped. buckled. or sefilod tolessee. sublessee, or occupant. 2. All prio~ Ordinances or pads
such an extent that wafts or othershall erecl. construct, enlarge.thereof inconsistent with any pr~l~l-Ihe point of curvature of a
slon el this Ordinance are hazythe fell, sajd curve having
slrudural podions have materiallyalter. repair, move. Improve.~t 20 degrees 00 minutes 00
less resistance to winds or eadh-remove. demolish, equip. use.repe~k~and a radius el 1145.!
quakes than Is reguked in the case· occupy or maintain any building orIs Ordinance shalln
full force and affect from andrthence in a Northeasterly
of new buildings of similar stru~-premises, or c~use or permit thealong said curve, a dial
the date of its passage and alg
lure, puq~ose or location;same to be done. contrary to or in 400.00 feel to the paint of t
· ' thered; thence Norlh 69
.. Is. or h. any ,odio. ,hored vioiotio. of any of the ...,isio.e ofby 'p~ by the 65 -*,ut-- CO s.ond. Ea
that, because of (1) dilapidation,thIs Ordinance and/or any order I o tance of 238.51 leat to the
deterioration, or decay; (2) faullyIssued by the Director hereunder.Council of the Cty f, -'
construction: (3) the removal, 12. Any violetion of the provi- Indlna this tg day of May, l g g7 by c rvEt .r~ a curve to
,,='' ':
supped of sUch building; (4) theday such violation continues,TH - :rid e:Ttadlus~f 't145.!
deterioration. decay, or inadequacyexcept where another penalty IsJames Bratnard,hence in · Norffiesstarly,
of its foundation-' or, (5) any othe~expressly set kxlh in IrKlIana CodePresiding Officer.tlong said curve, a diet
N.L Rundie
csuse, Is reasonably likely to par-Section 38-7-9 Nasa.
tidy or completely celbpse;13. The Carsol Board of PublicRoeaid E. Career
o. Is, or has any perUon IheredWorks and Safety Ihall, after prop-Robed Barfred
thm Is, menllestly unsafe for theor nolioe and hearing, adopt aLucl Snydar
puq3oee fIx which I is being used;schedule setting fodh the maxl-ally L. Walker
mum amount of performanceATTEST:
p. Has extedor wails or otherbends ipplcable fo verkiua typesDisale L. Cordray, C~erk-
vertical structural mumbern thatd actions ordered by the DirectTreasurer
lIst, ban or buckle io such anhereunder and the amount of IhePraseoted by me to the Mayor
extent that a I~umb Ins passingleverage processing expensed thle City d Cereal, Indiana on
through Ihe center of grlvty doe~incurred In taldng the actions nee-the 22nd day of May, I997.
not lax Inside the sicklie one-thirdmary hareunder cehcernlng at/p-DIana L. Cordflay,
of the base; Ical unlafe premises. Tre~Ned
O Shows, excioslve of its foun- I by me, Meyer the
14. Should any secl on, per,,-
dellon, thirty-thee percent (33%)graph, sentence, clause, or phraseCly d Carmat, Indiana. this 2~ day
or mote damage or daredoration .of this Ordinance be declaredof May, 1997.
of any supporting member, or flf~-unconstitutional or Invalid lor anyJames Bralnard, Mayor
percent (50%) or morn damage orreason by a court of campatentATTEST:lJ '
detarinfallon of any no,- supporting~urisdlction, the remainder of INsDlena L. Cordray, ~lerk-
men'bar, encbsure or outside wellOrdinance shall continue in fullTreasurer
or u}vering; force and effect and not be affected__ _ <NDL · May 24
r. Has been so damaged byIheraby. - ,#I=gi"RELI)-WASHINOTON~WIlson as recorded in Deed
fks, wind, earthquake or flood or15. This Ordinance shall be inTOWNSHIP BOARD OFBook 325, page 421, se
has m so dilapidated or date-lull force and effect from and afterZONING APPEALBalso being the POlct of Begl
dorafed so as to become (1) snthe latter of the date d its passage,thIs descrlplfon: thence
NtmCtive~IUISanCe to children, orthe date It IS signed by Ihe MayorThe Board of Zoning
(2) freely liccessbla to persons for w beld I Public Headng on theSouth 89 degrees 55 sin
the puq~ose of committing urdawfuland/or the date on which it ecru-I ~ day of June 1997, el 7:30ascends West along the
plies with Ihe publication lees ofp., el the Wesffiafd Toyat Hal.of said Wilfong Tract a dis'
acts;
s, Has been constructed, exIsts'the Slats of ladlaneT application, submitted by246.76 feet; thence N¢
or is meintalned ln vIokillon of any16. AiIprlerordinsncesorpartsC' its A. Jones, reqoesta a red-degrees 05 minutes 00
specific requkement or prohibllonthered inconsIstent with any provt-a .e, 97-V-25, of lot size andWest parallel with the Wm
applcabletosuchbulldingorstruc*sloe of this Ordinance ere herebyh dage requirements to permitsaid Wilfong Tract, a dlsq
I
ture provided by any law of therepealed, s. ~ion d a sun room addflion to a386.85 feet to apa nl on tl
State of Indkinle or any City ordl-PASSED by the Commonsl .,Is fealty residence end e24' Xilna of said South Hail
name or building regulation relat-Council of the City of Catreal,2dotad,KI garage at 421~UEestthence Noah 89 degrees
lag 1O Ihe condllon, location orIndiana this t9 day of May, 1997,1It Street, more part larlyutas CO seconds East
alructureofbulidlngs; by e vote of a ayes and O nays.d.,,~eelofiows:North line, a distance o'
LHes, whathef or it was erectedCOMMON COUNCIL FOR THELegal deeorlpaon o~ file withlest; thence South O0 de~
in erdaace with all applicableCITY OF CARMELV_sffiskl Community ~minutes 00 seconds East
laws and ordinances, In any non*James BrafnardDeftmeet. ~ Wast line d said Wilson
supporting part, member or podIon,Presiding OfficerWritten suggestions ot ebJec-distance of 386.85 feel to
less than fifty percan!f50%), or inJames Guy MitIsr t~~s relMIVe to the applcafmayof Beginning.
an, ....,ngpa....,, or .....u... . .;;co A,, in,eres,ed ..
to p~ase, t their views on II
padion, Isis than sixty-six pefcenlRoeaid E. CareerV ApplIcation, ellher in writlr
(66%), el the (1) strength, (2) fire-Robed BattreallF.,¢eiopment Department,at or
resbting qualtiss or characteris-LudSnyder t:ore such seeling, latestedbelly, wlll be given an oplx
tics, end/or (3) weather*resistingBHly L. WakerF ' time and place.
qualities or characteristic1 thatAI'rEST: v A c~py of the Appacet
weuid be requked by law in theDiana L. Cordray,:ldng or veft~dy, wlfi be given an
case of a new~ constructed build-Clerk-Treasurer,;x)ftunlty to be bend at thefile for examination at the
ing thore-at o~ Ike area. height andDate: May 19, 1997~ve mentioned time and place.the Director of Co
Presented by ma to the MayorBoard of Zoning AppearsServices. One Civic
occupancy; Carreel. Indiana 46032.
u. Is used or Intended to bed the City of Carrod, Indiana onWastfield, indiana
used for owefling parposes andthe 22 day of May, 1997.By Curtk A. Jones,*}Written .ebJeottona
because of Inadequate matrite-Diana L. Cordray,~itioner f Application that are filed
hence, dillapdatlon. decay. dam-Clerk*Treasurer NDL*Mey 17, 24Secretary of the Plan Col
prior to the Publio Hearin
age. faulty construction or anange-Date: &'22/97~IOTICE OF PUBUC NEARINGconsidered and oral
menl, Inadequate light, air or sad- 'Approved by me, Mayor of theBEFORE THEconcerning the Af~llcetlm
tation facilitIes, or otherwise. isCRy of Carmid, indiana. thIs 22 day.~ARMEL PLAN COMMISSIONhand at the Public Hearth
datormined by the Hamliton Countyof May, 1997.Docket No. 41-97-PPThe Pubrio Hearing
6oard of Health to be unsaniteff,James Bradnard, MayorNotice Is hereby given that thecontinued from time to tim,
unlit for h~man habitation or inAI'rEST: armel Plan Commission ('Ranbefound necessary.
such a conditl0n that it Is ilkely toDiana L. C4xdray,oremission"), meeting on t17thCarmat Ran Cornmiss
v. IS, becmae of obsolescence,Date: May 22, 1997 Appllr_~nt:
dilapidated condition, daterforNion,NDL-May 24toot, City Hal, One Civic Square,F.C. Tucker Company
damage, inadequate exists or lackHnance 1'4o. I)-129447armel, indiana 464)92, wilt hold aAttention: Donald Wifi~
of sufficient flre-resbtive censtfuc-AN ORDINANCE OF THEubilc Hearing t4xm the Prknmy2500 One Amerioan
tion, doterrntnedbythe Cm'moIFkeCOMMON COUHCIL'OF THEMt application of F.C. TuckorIndianapolis. Indiana4
Depadmenl to be a fire h&zard;CITY OF CARMEL, INDIANA,,qNmy to cTeele a one-tot sub(ft-Attorney for
w. Is the remnant of a buildingAMENDING CHAPTER 6, N:ITI*.ion '(the -Application') I~s theJames J. Nelson
or alfuctuTe that remains on aiteCLE 5, DNIBION 1, SECTION 6-- tg-acre parcel of real tareNdson & Frankenberg
after the atterq)ted demolition or82 OF TNE CARMEL CITY CODE..;ated North and West of the3021 East 961h Stre
destruction of such building orWHEREAS, ChN~er 6, ArtloIsi areaction of Keystone Way and220
structure;or 5. 0ivIsion 1, Saclion 6-62 of the: mtCarmofDdve, dlroctlyWbstofIndianqx~lis, lndtana4
x. Is abandoned for a period inCarmat City Code ('Section 6-82')' ]son Office Pink (the ,&Real(317) 844-0106
excess of nix (6) mortthe, so as toplaces certain reeponsFoilitlee upon: tatel. The Pdmary Pies appllco*
conatilute an lettractlve nuIlance orproperty ownors to remove graftitSt n Is part of an Architectural
hazard to the public. from thetr property au'd Impesas; -,dOn, LIghting and $1gna0eHOTICE OF PUBUC HE
9. AI work for the reconstruc-certain penallisa for the fadlure to~ -.DLS")/~lioation for a two-atoryTO NEWSPAPER
DOCKET NO. 34Z-~
lion, rapaft, or demolition of build-do so; andJce building to be owned andThe Pin Comm~ssio~
Ing8 lend other atructures par-WHEREAS, Section H2(b)(2),cupled by the F.C. TuckerTown of Fishera wil condu,
formed pursuant herato shall beprovided that, upon corwt~ion, anyIxTlpany.tic hearing regardin0
performed in a good and warkeen-person who violates said 9ecdonThe Real Estate Is legally
escrltacl on Exhbit 'A' attachedproposal In the Fishers
Ike miranet accx}rding 1O macepiedshall be fined In an Irnount not tolocated at One MunIcipal
standards and practices In thee:meed $3,000,00; and~ereto end Is zoned B4 Business
trade. The provisions of all buildingWHEREAS, Indiana Code"listrice Clesslfioatlen under the7::00 P.M, on the 11th day
laws referenced in Indklnle Cede8sotfen 36`1-3-8(N(10)'aothorizasZoning Ordinance of the City el1997.
An application subs
Bsoffon 22-124-3, as edepled asthe City Io prescribe -fines for.='sumel, Indiaale.
' Exhrdt "A' Donald L, Klncald end WI
roles of the Fhe Preventlea andOrdinance vldatlona of nor more.
Building Safety CommissionIhan two thousand five hundredPort of Ihe South Half ofKlncald; Roeaid W, Klnc
described In Indisna Code actiondollore ($2,600.00)Section 31, Townshlp 18 North,Lba J, KIncald; Ready R,
and Gall Kinsaid; lind Jl~
22-12-1-6, Ihall be consideredNOW, THEREFORE, BE ITqange 4 East, Hamilton COunty,
standard and acceptable practicesORDAINED by the Commonndlana. descrbed as follows:Beauchamp and
for all matters covered herebyCouncil of the City el Cereal,Coronqencing at the BoulhwestBeauchamp requests a
daHilioelion of Residentis
and/or all orders Issued by IheIndies as follows:~omer of said Half Section; thence
Director pumuant herato.1. That Chapter S, ArNde 6,Jodh 01 degrees 04 minutes 45R4 for propertIEs in Sect
10. An Unsafe Building Func~ isDIvIsion I, Section 6-82{b}(2) of the:secede West, along the West ilneapproxlmotaly the east
hereby established in the eperatlngCereal Cly Code shal be eraend-~f said Half Section e distance ofLantern Road south' of W
budget of the City in accordanceed to read as follows:762.85 fed (the next live (5)Place Apartments as
with the provisions of Indiana Code'Any person who violates this-oursas along Ihe cantedits ofdescrbed in attached Exhl
Sealion 36-7-9-14. Section shall, upo6 conviction, be:eras1 Drive;) thence Nodh 89Kincald Annexation
11, No person, firm, coq~oratlonfined In an amount not to exceed;egress 65 minutes 00 secondsPert of the Southwest
or other entity, whathIx as owner,$2,500.00."_ast, a dIstance of 600.00 feel toof Section 7, Township
.
400.00 feet to Ihe painl of Ii
Ihered; thence North 89,
55 minutes CO seconds Ear
tame of t760,85 to the late
of the cenlerilnes of Cars
and Keystone. Way; thanc
~ degrees 05 minutes CO,
%'eat along the center
eyetone Way, a dlsta
0t,35 fast to Ihe South 11
.38 acre tract of land desc
deed to Ralph L. Wfli
,corded In Deed Reco~
age 604; thence So~
egress 55 minutes CO ~
'Vast along sald South iln,
anne of 25.00 feet to the W
,f way line of Keystone W
roint also being lhe Southe
mr of the first Iract ~
lescrbed in a deed Io The