HomeMy WebLinkAboutD-1803-06 Property Maintenance Code
SPONSORS: Councillors Carter, Sharp and Glaser
. ORDINANCE D.1803.06
AS AMENDED
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA.
ADOPTING A PROPERTY MAINTENANCE CODE
WHEREAS, the Common Council of the City of Carmel is empowered to adopt ordinances that protect the
health, safety and welfare of the City's residents and guests; and . .
WHEREAS, the proper maintenance of property is an important part of protecting the public health, safety
and welfare; and
WHEREAS, it is in the interest of public health, safety and welfare for the City to adopt a comprehensive
Property Maintenance Code.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows:
Section 1: The foregoing Recitals are incorporated herein by this reference.
Section 2: That Chapter 6 of the Carmel City Code is hereby amended to add a new Article 8, Sections 220
through 227, which shall read as follows:
"CHAPTER 6 PUBLIC HEALTH AND SAFETY
ARTICLE 8 PROPERTY MAINTENANCE CODE
~6-220 ADMINISTRATION
(a) General
(1) Title. These regulations shall be known as the Property Maintenance Code of the City of Carmel, hereinafter
referred to as 'this code."
(2) Scooe, The provisions of this code shall uniformly apply to all existing residential and nonresidential structures
. and all existing premises and existing or proposed Improvements on existing premises and constitute
minimum requirements and standards for premises, structures, sanitation, protection from the elements, safety
from other hazards, and for safe and sanitary installation and maintenance of Improvements; the responsibility
of owners, operators and occupants for their properties; and for administration, enforcement and penalties
irrespective of when or under what code or codes such buildings were originally constructed or rehabilitated.
(3) Puroose. This code shall be construed. to secure its expressed intent, which is to protect, preserve, and
promote the physical and mental health and social well-being of the people, to prevent and control the
incidence of communicable diseases, to reduce environmental hazards to health, to regulate privately and
publicly owned buildings, structures or Improvements for the purpose of maintaining adequate sanitation and
public health, and to protect the safety of the people and to promote the general welfare. It is further declared
that the purpose of this code is to eliminate blight, to promote maintenance of property, and to thereby ensure
public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of
structures and premises. Existing structures, improvements and premises that do not comply with these
provisions shall be altered or repaired to provide a minimum level of health and safety as required herein.
1
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community SelVlces and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurers Office on Apr" 17, 2006. Any changes thereafter made to this document are the sole responsibility of
ttle document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(4) Severabilitv. If a seCtion, subsection, sentence, clause or phrase of this code is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this code.
(b) Aoolicabilitv .
(1) General. The provisions of this code shall apply to all matters affecting or relating to structures and premises
except as to those matters governed by the provisions of the Indiana Building Code, Indiana Residential Code,
Indiana Fire. Code, National Electric Code, Indiana Mechanical Code, Indiana Energy Code, Indiana
Accessibility Code, Indiana Plumbing Code, Indiana Swimming Pool Code, as the same shall be amended
from time to time. Where, in a specific case, different sections of this code specify different requirements, the
most restrictive shall govern.
(2) No Private Cause of Action. Nothing in this code shall be deemed to create a private cause of action in favor
of one party against another.
(3) Aoolication of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be
made or accomplished in accordance with the procedures and provisions of the Indiana Building Code,
Indiana Residential Code, Indiana Fire Code, National Electric Code, Indiana Mechanical Code, Indiana
Energy Code, Indiana Accessibility Code, Uniform Plumbing Code, Indiana Swimming Pool Code, as the
same shall be amended from time to time. Nothing in this code shall be construed to cancel, modify or set
aside any provisions of the International Building Code, International Residential Code, International Fire
Code, National Electric Code, International Mechanical Code, Indiana Energy Code, Indiana Accessibility
Code, Uniform Plumbing Code, and Indiana Swimming Pool Code.
(4) Existina remedies. The provisions in this code shall not be construed to abolish or impair existing remedies of
the jurisdiction or its officers or agencies relating to the removal or demolition of any structure, which is
dangerous, or unsafe, as authorized by Carmel City Code 96-159, as amended.
(5) Workmanshio. Repairs, maintenance work, alterations or installations which are caused directly or indirectly
by the enforcement of this code shall be executed and installed in a workmanlike manner and installed in
accordance with the manufacturer's installation instructions.
(6) Reauirements not covered bv code. The authority having jurisdiction thereof shall determine requirements
necessary for the strength, stability or proper operation of an existing fixture, structure or equipment, or for the
public safety, health and general welfare, not specifically covered by this code.
(7) Any proposed Improvements or maintenance thereto, shall be designed, permitted, installed and maintained in
accordance with the provisions of this Code and the current City of Carmel standards that govern the work
associated with the installation or maintenance of such Improvements that may be amended from time to time.
Where, in a specific case, different sections of this and other applicable codes, or those codes of other federal,
state or local government agency that have jurisdiction over the installation or maintenance of such
Improvements, specify different requirements, the most restrictive shall govern.
(c) Deoartment of Communitv Services
(1)
(2)
(3)
General. Property maintenance inspections as required by this Code shall be the responsibility of the City and
other such persons as shall be designated by the City, hereinafter referred to as "Code Enforcement Official".
. Restriction of employees. No official or employee connected with the enforcement of this code shall 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 Improvement within the City, or the preparation of
construction documents thereof, unless that person is the owner of the building.
Liability. The Code Enforcement Official, officer or employee charged with the enforcement of this code, while
acting under jurisdiction, shall not thereby be rendered liable personally, and is herby relieved from all
personal liability for any damage accruing to persons or property as a result of an act required or permitted in
the discharge of official duties.
2
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurers Office on Apra 17, 2006. Arry changes thereafter made to this document are the sole responsibmty of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
Any suit instituted against any official or empioyee because of an act performed by that officer or employee in
the lawful discharge of duties and under the provisions of this code shall be defended by the legal
representative of the jurisdiction until the final termination of the proceedings. The code officiai or any
subordinate shall not be liable for costs in an action, suit or proceeding that is instituted in pursuance of the
provisions of this code; and any official of the City, acting in good faith and without malice, shall be free from
liability for acts performed under any of its provisions or by reason of any act or omission in the performance
of official duties in connection therewith.
(d) Duties and Powers of Code Enforcement Official.
(1) General. The Code Enforcement Official shall enforce the provisions of this code.
(2) Inspections. The Code Enforcement Officiai shall make all of the necessary inspections, or shall accept
reports of inspection by approved agencies or individuais. All reports of such inspections shall be in writing
and be certified by a responsible officer of such approved agency or by the responsible individual. The Code
Enforcement Official is authorized to engage such expert opinion as deemed necessary to report upon
unusual technical issues that arise, subject to the approval of the City.
(3) Right of entry. The Code Enforcement Official, pursuant to this Code and Carmei City Code Section 96-180
through 96-209, as amended, may make inspections of all buildings, structures and premises located within
the City's corporate limits to determine their compliance with the provisions of this Code. Such inspections
shall be made between the hours of 8:00 AM and 8:00 PM on any day except Sunday. All inspections shall be
subject to the following standards and conditions:
i. An inspection may take place only if a complaint has been received by the City and such complaint, in the
opinion of the Code Enforcement Official, provides reasonable grounds for the belief that a violation
exists, or if such inspection is undertaken as part of a regular inspection program whereby certain areas
of the City are being inspected in their entirety by the direction of the City. .
ii. The Code Enforcement Official shall furnish to the owner, tenant, or occupant of the building, structure, or
premises sought to be inspected, sufficient identification and information to enable the owner, tenant, or
occupant to determine the purpose of the inspection, and that the person is a representative of the City.
iii. The Code Enforcement Official may apply to any court of competent jurisdiction for a search warrant or
other legal process for the purpose of securing entry to any premises if the owner, tenant, or occupant
shall refuse to grant entry.
(4) Notices and orders. The Code Enforcement Official shall issue any required notices or orders pursuant to 96-
220(g) to ensure compliance with this code.
(5) Coordination of inspections. Whenever in the enforcement of this code or another code or ordinance, the
responsibility of more than one official of the City is involved, it shall be the duty of the Code Enforcement
Official to coordinate their inspections and administrative orders as fully as practicable so that the owners and
occupants of the structure shall not be sUbjected to visits by numerous inspectors or multiple or conflicting
orders. Whenever an inspector from any City agency or departmentobserves an apparent or actual violation of
some provision of some law, ordinance or code not within the inspectors' authority to enforce, the inspector
shall report the findings to the City department or official having jurisdiction.
(e) Approval of Modifications
(1) Modifications. Whenever there are practical difficulties involved in carrying out the provisions of this code, the
Code Enforcement Official shall have the authority to grant modifications for individual cases, provided the
Code Enforcement Official shall first find that the praCtical difficulty makes the strict letter of this code
impractical and the modification is in compliance with the intent and purpose of this code and that such
modification does not lessen health, life and fire safety requirements. The details of action granting
modification shall be recorded and entered in the department files.
3
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk.Treasurers Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility at
the document sponsor,
(I) Violations
(1)
(2)
(3)
SPONSORS: Councillors Carter, Sharp and Glaser
(4)
Unlawful acts. It shall be unlawful for a person, firm or corporation to be in conflict with or in violation of any of
the provisions of this code.
Notice of violation. The Code Enforcement Official shall serve a notice of violation ("Correction Orde~') in
accordance with 96-220(g) of this code.
Prosecution of vioiation. Any person failing to comply with a notice of violation or correction order served in
accordance with 96-220(g) of this Code shall be deemed guilty of a violation of this code and the violation
shall be deemed a strict liability offense. If the correction order is not complied with, the Code Enforcement
Official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation,
or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions
of this code or of the order or direction made pursuant thereto.
Violation penalties. In addition to any injunctive relief which may be sought, any person who shall violate a
provision of this code, or fail to comply therewith, or with any of the requirements thereof, shall be fined on the
first offense of a violation of this code, a fine of $50.00. Each day that a violation continues after due notice
has been served shall be deemed a separate offense subject to a daily fine of $50.00 per day.
Repeat Offenses. Any person who is found to have committed a separate offense of this code after having
been found to commit an earlier offense no sooner than thirty (30) days but within a two (2) year period shall
be assessed a fine of $100.00 per offense. The purpose of this provision is to double the fines assessed
against those persons.
Abatement of violation. The imposition of the penalties herein prescribed shall not preclude the City from
instituting appropriate action to restrain, correct or abate a violation or to prevent illegal occupancy of a
building, structure or premises, or to stop an illegal act, conduct, business or utilization of a building, structure
or premises.
The City may direct the Owner or Responsible Party to restore all Improvements to the original design
condition, alter the Improvement to remedy the violation or remove the Improvement if determined to be in
violation or represent the potential to be in violation of this Code. For Private Drainage Systems, the City may
request alterations to the Improvement that may result in an increase or reduction in capacity (collection,
storage and conveyance capacity). Violations shall be remedied to the satisfaction of the City.
In the event that the Owner or Responsible Party fails to remedy the violation within the time frame stipulated
in the notice, the City reserves the right to remedy the violation and collect such costs together with
reasonable attorney fees, consultant fees and the collection fees by suing the Owner or Responsible Party in
a court of competent jurisdiction or in the alternate, by certifying said costs of correction as any other special
assessment upon the premises from which said rernedy of said violation was made.
(5)
(6)
(7)
(8)
(9)
(9) Notice and Orders
(1) Warning Citation. It is the policy of the City of Carmel to use fair and reasonable judgment in the
administration of its enforcement actions. To this end, a Warning Citation may be issued for a violation of this
Code. The Warning Citation shall be worded so as to sufficiently identify the premises and the nature of the
violation. If the premises owner or person being cited fails to correct the violation in the time allotted by a
Code Enforcement Official, then a Notice of Correction Order shall be issued. In this discretion, a Code
Enforcement Official shall have the right to forego issuing a Warning Citation and may proceed to issue a
Notice of Correction Order. The issuance of a Warning Citation shall not be a prerequisite to the issuance of a
Notice of Correction Order. There shall be no right of appeal from the issuance of a Warning Citation.
(2) Notice to owner or to person or persons responsible. Whenever the Code Enforcement Official determines
that there has been a violation of this code or has grounds to believe that a violation has occurred, a Notice of
Correction Order ("Correction Order') shall be given to the owner or the person or persons responsible
therefore in the manner prescribed in 96-220(g)(2) and 96-220(g)(3) of this code. The City will take
4
VERSION A MA V 12, 2006.
This document prepared by: c~ of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk.Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
enforcement action only with the Owner or Responsible Party at the time the violation is identified. Pre-existing
conditions shall be borne by the Owner or Responsible Party at the time the violation is identified
(3) Notice of Correction Order. Such notice prescribed in S6-220 (g)(1) shall:
i. Be in writing;
Ii. Include a description of the real estate sufficient for identification;
iii. Include a statement of the violation or violations and section violated and why the notice is being issued;
iv. Inciude a correction order allowing a sufficient reasonable amount of time, of at least one (1) day, but not
more than sixty (60) days, from the time whim the correction order is served, to make the repairs and
improvements required to bring the dwelling unit, structure or Improvement into compliance with the
provisions of this code; and
v. Include a notice containing the right to appeal the Code Enforcement Official's determination to the Board
of Public Works in accordance with S6-220U) this code.
(4) Method of Service. Such notice shall be deemed to be properly served if a copy thereof is:
i. Delivered personally; or
ii. Sent by certified or first-class mail addressed to the last known address; or
If the notice of correction order is returned showing that the letter was not delivered, a copy thereof shall be posted in a
conspicuous piace in or about the structure affected by such notice and posting shall be documented.
(h) Means of Appeal
(1) Appeal to Board of Public Works. Any person aggrieved by a determination of the Code Enforcement Official
to the effect that a Notice of Violation or Order served in accordance with S6-220(g) of this code is in error, or
should, due to hardship, be modified or entitled to a variance from enforcement, or that a reasonable
extension of time for the compliance should be granted upon the grounds of a demonstrated case of hardship
and evidence of an actual undertaking to correct the violation, together with a legitimate intent to comply within
a reasonable time period, may appeal to the Board of Public Works for rescission of the Notice or Order, or for
a modification, variance, or extension of time for compliance.
(2) Procedure and hearing. A request for rescission, modification, variance, or extension of time shall be made in
writing, to the City of Carmel ClerkfTreasurer's Office, to be placed on the Board of Public Works agenda,
within ten (10) days of the Appellant's receipt of a copy of the Notice or Order. The Board of Public Works
shall schedule a hearing within thirty (30) days of receipt of the request.
(3) Open Hearing. All hearings before the Board of Public Works shall be open to the public. The appellant, the
appellant's representative, the Code Enforcement Official and any persons whose interests are affected shall
be given an opportunity to be heard.
(4) Findings. Prior to ruling on an appeal, the Board of Public Works shall make the following findings:
i. The violator was served with a Notice of Correction Order as provided by S200(g)(4).
ii. The Notice of Correction Order that was served stated the specific nature of the violation; corrective
action needed to be taken to abate the violation; and a specific time period for abatement of violation.
Hi. Within the time period stipulated by the Notice of Correction Order, the violator failed to comply with the
Correction Order by not abating the violation, and/or not bringing into compliance with City of Carmel
Property Maintenance Code.
iv. Upon expiration of the date indicated for compliance in the Correction Order, the premises or structure
was being maintained in violation of specific provisions of the City of Carmel Property Maintenance Code
and/or conditions imposed by Board of Public Works as a prerequisite to the modification of a previous
compliance order.
v. Determination that a violation exists on the property.
(5) Board Decision. At the conclusion of the hearing at which a continuance is not granted, the Board of Public
Works may reverse, affirm, or modify the Order, Notice, requirement, decision or determination appealed from,
and may make such Order, requirement, decision or determination as justice would require. The Board's
5
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community SeNlces and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk.Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
determination and findings of fact shall be recorded and if a Notice or Order is affirmed or modified, the Board
of Public Works shall, in the determination on appeal, reestablish a reasonable timeline to make the repairs
and improvements required to bring the dwelling unit, structure or Improvement into compliance with the
provisions of this code.
(6) Court Review. Any person, whether or not a previous party of the appeal, shall have the right to apply to the
appropriate court for a writ of certiorari to correct errors of law.
(7) Stays of Enforcement. Appeals of notice and orders (other than Imminent Danger notices) shall stay the
enforcement of the notice and order until the Board of Public Works rules on the appeal.
(i) Unsafe Structures
(1) General. Unsafe structures shall be regulated and enforced as provided by S6-159 Unsafe Building
Regulations of the Carmel City Code.
(2) Imminent danger. When, in the opinion of the Code Enforcement Official, there is imminent danger of failure or
collapse of a building or structure which endangers life or other property, or when any structure or part of a
structure has fallen and life is endangered by the occupation of the structure, or when there is actual or
potential danger to the building occupants or those in the proximity of any structure because of explosives,
explosive fumes or vapors or the presence of toxic fumes, gases or materials, or operation of defective or
dangerous equipment, the Code Enforcement Official is hereby authorized and empowered to order and
require the occupants to vacate the premises. The Code Enforcement Official shall cause to be posted at each
entrance to such structure a notice reading as follows: 'This Structure Is Unsafe and Its Occupancy Has Been
Prohibited by the City of Carmel.' It shall be unlawful for any person to enter such structure except for the
purpose of securing the structure, making the required repairs, removing the hazardous condition or of
demolishing the same.
OJ Demolition
(1) General. This section shall only apply when demolition is ordered pursuant to the enforcement of S6-220(i).
(2) Salvaae of Materials. When any structure has been ordered demolished and removed, the governing body or
other designated officer under said contract or arrangement aforesaid shall have the right to sell the salvage
and valuable materials at the highest price obtainable. The net proceeds of such sale, after deducting the
expenses of such demolition and removal, shall be promptly remitted with a report of such sale or transaction,
including the items of expense and the amounts deducted, for the person who is entitled thereto, subject to
any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
(k) Transfer of Ownership.
(1) No owner of any dwelling unit or structure or Improvement who has received a correction order or upon whom
a notice of violation has been served shall sell, transfer, mortgage, lease or otherwise dispose of to another
until the provisions of the correction order have been complied with, or until such owner first furnishes the
grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by
the Code Enforcement Official and furnishes to the Code Enforcement Official a signed and notarized
statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such correction
order or notice of violation and fully accepting the responsibility without condition for making corrections or
repairs required by such correction order or notice of violation.
(I) Nonconformina Conditions.
(1) If additional nonconforming conditions are encountered during the course of any approved alteration or repair
which were not considered or known initially, the Code Enforcement Official shall have the authority to require
6
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community SeNices and Engineering, Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk. Treasurer's Office on April 17 , 2006. Any changes thereafter made to this document are the sole responsibility 01
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
. compliance with this Code of such additional conditions, The determination of what is necessary to bring such
conditions into compliance shall take into consideration the use of alternatives and equivalent approaches as
. provided for in this Code. The Code Enforcement Official shall have the authority to approve construction
changes in the field when conditions are encountered which make the originally approved work impractical,
provided such changes in approved work can be readily determined to be in compliance with this Code and
are requested by the owner or the owner's agent prior to such construction changes, Such changes shall be
specifically documented by the owner or the owner's agent describing the change in work and the reasons for
justification for the change, and shall be filed with the permit for the project.
&6-221 DEFINITIONS
(a) Scope, Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings
shown in this chapter.
(b) Interchangeability. Words stated in the present tense include the future; words stated in the masculine gender include the
feminine and neutral; 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 Indiana Building Code,
Indiana Residential Code, Indiana Fire Code, Indiana Electric Code, Indiana Mechanical Code, Indiana Energy Code,
Indiana Accessibility Code, Indiana Plumbing Code, Indiana Swimming Pool Code, such terms shall have the meanings
ascribed to them as in those codes,
(d) Terms Not Defined. Where terms are not defined through the methods authorized by this section, such terms shall have
ordinarily accepted meanings such as the context implies.
(e) Parts. Whenever the words "dwelling unit," 'dwelling,' "premises,' "building," "rooming house," "rooming unit" or 'story" are
slated in this code, they shall be construed as though they were followed by the words "or any part thereof,"
(I) General Definitions. For purposes of this Chapter, the following definitions shall apply:
ACCESSORY BUilDING. A building, structure or part of a building which is secondary or subordinate in capacity or use
from the main or principal building or structure on the same premises,
APPROVED, Approved by the Code Enforcement Official.
BASEMENT, That portion of a building, which is partly or completely below grade,
BUilDING, A Structure having a roof supported by columns or walls, for the shelter, support, enclosure or protection of
persons, animals, chattels, or property, When separated by firewalls, each portion of such a building shall be considered a
separate structure, See also structure.
CODE ENFORCEMENT OFFICIAL The official who is charged with the administration and enforcement of this code, or
any of his or her duly authorized representatives.
DETRIMENT. A condition which causes, creates or results in or represents the potential to cause, create or result in
damage to properties or Improvements upstream, downstream or served by an Improvement; is considered to be a hazard
to public safety; is considered to be a Public Nuisance pursuant to Carmel City Code Sections 96-75, 96-76, 96-77 and 96-
79 of this Code; is considered to be an Impairment as defined in this Code; is considered to be an Illegal Discharge as
defined in this Code; results in soil or sediment runoff; results in the accumulation of water, ice or algae growth on streets,
sidewalks, public right-of-way or adjacent premises; results in the concentration of discharges; results in the displacement
of surface water to adjacent or other properties that previously ponded/pooled on the premises; results in an increase in the
amount of discharge; results in a decrease in the quality of the discharge; or results in the obstruction of the natural flow of
drainage,
7
VERSION A MAY 12, 2006,
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
DUMPSTER, CONSTRUCTION, large roll-off metal containers with a capacity of ten (10) cubic yards or greater typically
used for the storage and disposal of refuse and rubbish in conjunction with construction projects such as demolition, new
building construction, and roofing or siding projects,
EASEMENT HOLDER, Person, agent, operator, firm or corporation, federal, state or local governmental agency, with rights
stipulated in the document establishing such an easement,
EXTERIOR PROPERTY. The open space on the premises and on adjoining property under the control of owners or
operators of such premises.
EXTERMINATION. The control and elimination of insects, rats or other pests by eliminating their harborage 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.
GARBAGE, The animal or vegetable waste resulting from the handling, preparation, cooking and consumption of food.
HABiTABLE ROOM. Any room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating
purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers, corridors, closets, storage spaces,
stairways, utility rooms or similar spaces. '
IllEGAL CONNECTION. A piped connection of a Public or Private Drainage System to a Public Drainage System that
would be considered an Illicit Connection per Carmel City Code Section ~6.180 through 96-209, as amended; to a sanitary
sewer; to a Public Drainage System utilizing a blind connection; or to a Roadway Subsurface Drain unless a Subsurface
Drain Stub is provided as part of the Subsurface Drainage system.
IllEGAL DISCHARGE. An open discharge of a Private Drainage System or Private Outlet, an Illicit Connection or Illicit
Discharge per Carmel City Code Section 96-180 through 96-209, as amended; or is closer than 25.feet from the property or
easement line and/or onto a non-absorbent surface or causes, creates or results in or represent the potential to cause,
create or result in a Detriment.
IMMINENT DANGER. A condition which poses an immediate risk of serious or life threatening injury or death if not
promptly abated or remedied.
IMPAIRMENT. A blockage or restriction of a Public or Private Drainage System resulting from lack of maintenance or
upkeep, the presence of Improvements, accumulation of refuse or rubbish or excessive growth of vegetation or other
condition which prevents the system from functioning as designed or intended, would otherwise pollute or contaminate the
flow of water. This may also inciude a system that is undersized for the design condition and watershed served by the
Improvement. This may also include an Improvement that the City determines to cause, create, or result in or represent the
potential to cause, create, or result in the conditions noted above.
IMPROVEMENT. Existing or proposed surface or subsurface improvements including, but not limited to: Public Drainage
Systems, Private Drainage Systems, permanent or temporary buildings/structures, drives, walks, patios, irrigation systems,
fences, landscaping, vegetation, decorative items, playgrounds, air conditioning units, decks, parts of permanent or
temporary structures, roof overhangs, pools, permanent or temporary erosion control measures, permanent or temporary
sediment control measures, permanent or temporary storm water quality measures or best management practices or other
items determined by the City to be an Improvement.
INFESTATION. The presence within or contiguous to, a structure or premises of insects, rats, vermin or other pests.
8
VERSION A MAY 12,2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk-Treasurers Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
LEGAL CONNECTION. A piped connection of a Public or Private Drainage System to a Public Drainage System that would
not otherwise be considered an Illicit Connection per Carmel City Code Section 96-180 through 96-209, as amended, or an
Illegal Connection as defined in this Code,
LEGAL DISCHARGE. An open discharge of a Private Drainage System or Private Outlet that would not be considered an
Illicit Connection or Illicit Discharge per Carmel City Code Section 96-180 through 96-209, as amended; would not be
considered an Illegal Discharge as defined in this Code; or an open discharge of a Private Drainage System at least 25-feet
from the property or easement line onto an absorbent surface such as grass, mulch, soil or aggregate with positive fall
away from the outlet such thai the discharge does not cause, create or result in or represent the potential to cause, create
or result in a Detriment.
OCCUPANCY. The purpose for which a building or portion thereof is utilized or occupied.
OCCUPANT. Any individual living or sleeping in a building, or having possession of a space within a building.
OPERATOR. Any person who has charge, care or control of a structure or premises which is let or offered for occupancy.
OWNER, Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in
the office of the Hamilton County Clerk holding title to the property; or otherwise having control of the property, including the
guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take
possession of real property by a court.
PERMISSIBLE OCCUPANCY, The maximum number of individuals permitted to reside in a dwelling, dwelling unit,
rooming unit, or dormitory.
PERSON. An individual, corporation, partnership or any other group acting as a unit.
PEST. Each of the following organisms when it is detrimental or injurious to man, domestic or wild animals, useful plants,
or other useful articles or substances is declared to be a pest:
(1) Mammals, including but not limited to dogs, cats, pigs, chickens, moles, bats, wild carnivores, and wild herbivores,
(2) Birds, including but not limited to starlings, house sparrows, wild pigeons and black birds.
(3) Fishes, including but not limited to alewives, sea lampreys, gizzard shad and carp.
(4) Amphibians and reptiles, including but not limited to poisonous snakes.
(5) Aquatic and terrestrial invertebrates, including but not limited to slugs, snails and crayfish.
(6) Roots and other plant parts growing where not wanted.
(7) Viruses, other than those on or in living man and other animals,
PLUMBING. Shall mean and include all the following supplied facilities and equipment: Gas pipes, gas burning equipment,
water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower
baths, installed clothes washing machines, catch basins, drains, vents, and other similar supplied fixtures, and the
installation thereof, together with all connections to water, sewer, or gas lines.
PREMISES. A 101, plot or parcel of land or groups of lots, plots or parcels of land, whether residential, commercial or
industrial, including any structures thereon or for which Improvements are to be installed and/or benefit from the existence
of these Improvements.
PRIVACY, The existence of conditions which will permit an individual or individuals to carry out an activity commenced
without interruption or interference, either by sight or sound by unwanted individuals.
9
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community SeNices and Engineering. Reviewed by: ClIy of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk- Treasurer's Office on April 17 , 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
PRIVATE DRAINAGE SYSTEM, Stormwater Conveyance System, as defined in Carmel City Code Section 96'181,
Watercourse, as defined in Carmel City Code, Private Outlet as defined in this Code, drainage of roofs, paved areas, yards,
courts, other open areas on the Premises, pipe end sections, rip-rap, beehive inlets or other open grate inlets, driveway
culverts, stormwater detention facility outlet control structures, stormwater detention facility outlet piping, or surface
drainage swales that is not considered a Public Drainage System, Watercourses in the City of Carmel that are not
maintained by the Hamilton County Surveyor's Office or other federal, state or local government agency are considered
Private Drainage Systems,
PRIVATE OUTLETS, Shall include sump pump, roof drain and foundation drain, footing drains, perimeter drain piping
systems and outlets that are' connected to a Legal Connection or discharge as a Legal Discharge on the premises, Shall
include all portions of these systems to the point of connection to a Legal Connection or point of discharge as a Legal
Discharge on the premises,
PUBLIC DRAINAGE SYSTEM, Stormwater Conveyance System, as defined in Carmel City Code Section 96-181,
Watercourse, as defined in Carmel City Code, pipe end sections, rip-rap, beehive inlets or other open grate inlets, surface
drainage swale that is owned and/or maintained by the City other federal, state or local government agency.
PUBLIC NUISANCE, Shall include those conditions as defined by Carmel City Code Chapter 6, Article 5 in addition to the
following:
(1) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance
to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or
structures; or
(2) Any premises which have unsanitary sewerage or plumbing facilities; or
(3) Any premises designated as unsafe for human habitation or use; or
(4) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or insecure as to
endanger life, limb or property; or
(5) Any premises from which the plumbing, heating and/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; or
(6) Any premises which is unsanitary, or which is littered with rubbish or garbage, or which has an uncontrolled growth
of weeds; or
(7) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded;
open, vacant or abandoned; damaged by fire to the extent as to not provide shelter, in danger of collapse or
failure and dangerous to anyone on or near the premises,
REFUSE, All solid waste products which are composed wholly or partly of such materials as garbage, sweepings,
cleanings, trash, rubbish, litter, industrial solid wastes or domestic solid wastes including organic wastes or residues of
animals, meat, fruit, vegetables, grains or fish; animal excreta or carcasses of animals: rubbish including wood, leaves,
vegetation, tree trimmings, dead trees, and shrubs, branches, sawdust, shavings, grass, paper products, straw, rags,
clothing and all other combustibles; waste matter composed of soil, clay, sand, earth, gravel, fill, stones, bricks, plaster,
glass, glassware, crockery, ashes, cinders, shells, metal and other non-combustibles; waste debris resulting from the
construction, demolition, repair, or alteration of structures or buildings; accumulated waste materials composed of cans,
containers, tires, junk, vehicie parts or other substances which may become a nuisance,
RESPONSIBLE PARTY, Person, agent, operator, firm, corporation or federal, state or local governmental agency having
primary responsibility for maintenance of Improvements located on the premises, rights-of-way or easements, Shall be the
Owner unless responsibility for such maintenance is provided in other Codes, restrictive covenants or is legally established
to be the responsibility of another person, agent, operator, firm, corporation or federal, state or local governmental agency,
10
VERSION A MAY 12, 2006,
This document prepared by: City 01 Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law. .
The initial draft ollhis document was submitted to the Clerk-Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
RODENT. Any of various mammals, as a mouse, rat, or squirrel, having teeth adapted for gnawing.
RUBBISH. Combustible and noncombustible waste materials, except garbage; the term shall include the residue from the
burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery and dust and other similar materials.
STORAGE UNIT. TEMPORARY. Temporary (or portable) storage units (also known as "PODS", portable on-demand
storage structures) shall mean any container, shipping container, storage unit, shed-like container or other structure, or
assembly of materials without a permanent foundation which is so designed, constructed or reconstructed to make it
portable and capable of storage of personal property of any kind, building materials (before they are utilized for building
purposes), household goods, personal items and other materiais, and not for occupancy by persons.
STRICT LIABILITY OFFENSE. An offense in which the prosecution ina legal proceeding is not required to prove criminal
intent as a part of its case. It is enough to prove that the defendant either did an act which was prohibited, or failed to do an
act which the defendant was legally required to do.
STRUCTURE. Anything constructed or installed, the use of which requires a location on a parcel of land. It includes a
moveable structure, which is located on land, which can be used for housing, commercial, business, and agricultural or
office purposes, either temporarily or permanently. The term also includes recreational vehicles to be installed on a site for
more than one hundred eighty (180) days.
SUMP PUMP. A system of pumps, pipes and basins and other peripheral equipment utilized to collect and convey
groundwater from within, under or immediately adjacent to a structure, from basements and/or crawl spaces or from other
areas of the Premises that does not contain any sanitary sewage, other sanitary waste, or pollutants.
TENANT. A person, corporation, partnership or group, whether or not the legai owner of record, occupying a building or
portion thereof as a unit.
UNFIT STRUCTURE OF HUMAN OCCUPANCY. A structure is unfit of human occupancy or use whenever the Code
Enforcement Official finds that it is unsafe, unlawful or because of the degree in which it lacks maintenance or is in
disrepair, is unsanitary, vermin or rat-infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or
heating facilities or other essential equipment required by this Code, or because its location constitutes a hazard to its
occupants or to the public.
UNLAWFUL STRUCTURE. Shall be a structure which is one found in whole or in part to be occupied by more persons
than permitted under this Code, or was erected, altered or occupied contrary to law.
UNSAFE BUILDING OR PREMISE. Shall be defined as Der Carmel Citv Code & 6-159.
UNSAFE EQUIPMENT. Shall include any boiler, heating equipment, elevator, moving stairway, electrical 'Iii ring or device,
flammable liquid container or other equipment on the premises or within the structure which is in such disrepair or condition
that it is a hazard to life, heaith, property or safety of the publiC or occupants of the premises or structure.
VACANT STRUCTURE. A structure, which is not occupied and devoid of any indicia of occupancy.
WORKMANLIKE. Executed in a skilled manner and in accordance with accepted practice; e.g., generally plumb, level,
square, in line, undamaged and without marring adjacent work.
YARD. An open space on the same premsles with a structure.
11
VERSION A MAY 12,2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor,
- SPONSORS: Councillors Carter, Sharp and Glaser
~6-222 GENERAL REQUIREMENTS
(a) General
(1) Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for
maintenance of structures, equipment and exterior property and the installation of Improvements on the premises.
(2) Responsibilitv. The owner of the premises shall maintain the structures and exterior premises in compliance with
these requirements, except as otherwise provided for in this code. 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 chapter. Occupants of a dwelling unit are responsible for keeping in a clean,
sanitary and safe condition that part of the dwelling unit or premises, which they occupy and control.
(3) Permit Responsibilitv. The owner of the premises shall be responsible for obtaining the necessary improvement
permits as required by the State of Indiana, Hamilton County, or the City of Carmel including but not limited to
electrical, plumbing, heating and cooling, structural or life safety requirements and drainage or other
Improvements on the premises.
(4) Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a
clean, safe, secure, healthful and sanitary condition as provided herein so as not to cause a blighting problem or
adversely affect the public health or safety or violate the provisions of this Code. '
(5) Detriments and IIleoal Connections as defined bv this Code are considered violations of this Code and shall be
remedied under the provisions of this Code by the Owner or Responsible Party.
(6) Existing Improvements determined to be in violation of this Code or determined to be non-conforming to the
current City standards shall be remedied under the provisions of this Code by the Owner or Responsible Party.
(7) Portions of existing driveways or sidewalks within the right-of-way determined to be non-conforming to the current
City standards shall be remedied under the provisions of this Code by the Owner or Responsible Party.
(8) The City reserves the right to reconstruct drives and sidewalks in the right-of-way as a part of City road or other
improvement projects and to make the sole determination as to an asphalt or concrete drive apron within the right-
of-way and for determining the type of access provided to the reconstructed driveway that is in the best interest of
public safety.
(9) Except as provided by this Code to remedy violations of this Code, the City will not act or otherwise participate in
improving drainage on Premises that are poorly drained, do not have a defined drainage outlet or have existing or
prevailing conditions that cause, create, or result in or represent the potential to cause, create, or result in a
violation of this Code.
(10) Existing Private Drainage Systems not meeting the requirements for a Legal Discharge or that are determined to
cause, create or result in or represent the potential to cause, create or result in a Detriment shall be discharged as
a Legal Discharge by the Owner or Responsible Party in accordance with Section 96.227 of this Code.
(11) Existing Private Drainage Systems not meeting the requirements for a Legal Connection shall be connected to a
Legal Connection or as a Legal Connection by the Owner or Responsible Party in accordance with Section 96-227
of this Code.
(12) It shall be prohibited for any person to alter or modify any portions of Public Drainage Systems.
(13) It shall be prohibited for any person to alter oi modify any portions of the Private Drainage System that serve or
provide benefit to adjacent or other Premises. '
(14) It shall be prohibited for any person to alter or modify any portions of existing Stormwater Quality Best
Manaoement Practices or temporarv or permanent Erosion Control Measures or Sediment Control Measures.
(b) Exterior Premises Areas
(1) Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The
owner or occupant shall keep that part of the exterior property, which such occupant occupies or controls in a
clean and sanitary condition.
12
VERSION A MAY 12, 2006.
This document prepared by: City of Cannel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk.Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(2) Sidewalks and drivewavs. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas on both
private property and within public right-of-way across the frontage of the premises shall be kept in a proper state of
repair, and maintained free from hazardous conditions. This section is not intended to create a cause of action in
favor of any third party.
I. The Owner or Responsible Party shall provide maintenance of existing driveways and sidewalks in the
right-of-way free from conditions that cause, create or result in or represent the potential to cause, create
or result in a Detriment.
ii. If maintenance activity necessitates the reconstruction of existing sidewalks within the limits of the right-
of-way, the sidewalk shall be permitted, bonded and reconstructed in accordance with Section 96-227 of
this Code.
Iii. If maintenance activity necessitates the reconstruction of existing driveways within the limits of the right-
of-way, the portion of the driveway within the right-of-way shall be permitted, bonded and reconstructed in
accordance with Section 96-227 of this Code; and shall be approved by the Board of Public Works and
Safety, if required.
iv. It shall be the duty of every owner of any premises abutting a sidewalk in all paris of the city to remove, or
cause to be removed, all accumulated snow and ice from the sidewalk within the right-of-way across the
premises and portions of the driveway serving the premises within the right-of-way within seventy-two (72)
hours after snow or ice has ceased to fall or in any way accumulate. Where the ownership of the
premises abutting a sidewalk is being transferred by means of a sales contract that has been recorded in
the Office of the County Recorder, the duty to remove snow and ice shall be on the purchaser of the
premises, who shall be considered the owner for the purposes of the ordinance.
(3) Weeds. All premises shall be maintained free of weeds, grass, and rank vegetation in accordance with Carmel
City Code Section 6-88 Removal 01 Weeds, Debris, and Other Such Rank Vegetation. This section shall not
include cultivated flowers and gardens, unless these Improvements are within right-of-way, platted or dedicated
easements or at a location on the premises that they cause, create, or result in or represent the potential to cause,
create or result in a Detriment. This section shall not include vegetated Storm Water Quality Best Management
Practices.
(4) Hazardous Trees. Carmel City Code Section 6-64 shall regulate trees or parts of trees located within the public
right-of-way. The following regulations shall apply to all properties within the corporate limits of the City of Carmel.
I. Dead, dying, damaged or diseased trees shall be prohibited to exist or be maintained on any premises,
which are hazardous to persons on adjacent property or to adjacent property. A finding by a registered
forester or certified arborist shall constitute prima-facie evidence that a tree is in danger of falling upon
adjacent lots or public streets due to the death or impeding death of the tree, or due to damage by
weather conditions or due to disease infestation.
il. Tree stumps greater than twelve (12) inches in height above ground level shall not be permitted or
maintained on any premises for more than thirty (30) days after the tree has been cut.
Exceptions:
1. Property covered by a valid improvement location permit;
2. Property is one (1) acre or greater in size.
iiI. Fallen trees, slash, removed tree limbs, or other portions of any tree shall not be permitted or maintained
on the ground on any premises for more than thirty (30) days.
Exceptions
1. Property covered by a valid improvement location permit;
2. Cut wood which is neatly stacked in lengths not to exceed three (3) feet in height.
13
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments 01 Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17, 2006, Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(5) Rodent and Pest harboraae. All exterior property shall be kept free from rodent and pest harborage and
infestation. Where rodents or pests are found, approved processes shall promptly exterminate them, which will not
be injurious to human health. After extermination, proper precautions shall be taken to eliminate rodent or pest
harborage and prevent re-infestation.
(6) Accessorv structures. All accessory structures, including detached garages, fences and walls, shall be maintained
structurally sound and repaired as to not be dangerous, unsafe, unsanitary or otherwise unfit for, human use; or
shall not be an invitation to children and endanger the lives of such children, or which because of its condition has
become a fire hazard and shall not be installed or located such that they cause, create or result in or represent the
potential to cause, create or result in a Detriment.
(7) Temoorarv storaae units. Temporary storage units shall not be permitted to be stored on properties in excess of
ten (10) consecutive days and are subject to the accessory structure setback regulations applicable to the
property's zoning district as outlined by the Carmel Zoning Ordinance Chapter 25.01. Temporary storage units
shall not be permitted in public right-of-ways and shall not be iocated on lawns.
(8) Motor Vehicles. All motor vehicies shall be stored and maintained in compliance with Chapter 6, Article 5,
Divisions IV Junk Cars and V Abandoned Vehicles of the Carmel City Code.
(9) Reoair of defaced orooertv. It will be the responsibility of the owner to restore defaced property to eliminate signs
of graffiti, markings or carvings within ten (10) days as regulated by Section 96-82 Graffiti of the Carmel City Code.
(10) Maintenance of Stomnwater Qualitv Best Manaaement Practices
i. The Resoonsible Partv for maintenance. and/or reconstruction of existina or installation of new
Stormwater Qualitv Best Manaaement Practices shall be pursuant to Carmel City Code Section 96-204.
Maintenance shall be in accordance with the approved Storm Water Pollution Prevention Pian and
applicable City or other federal, state or local govemment agency standards governing the installation
and maintenance of Stormwater Quaiitv Best Manaaement Practices.
ii. If maintenance activity necessitates the reconstruction of existing Stormwater Quality Best Manaaement
Practices, or portions thereof, the work shall be approved, permitted, bonded and reconstructed in
accordance with Section 96-227 of this Code.
m. The Citv reserves the riaht to maintain and/or reoair existina Storm Water Qualitv Best Manaaement
Practices at the Owner's or Resoonsible Party's exoense if lack of maintenance by the Owner or
Resoonsible Party or state of disreoair is determined to cause. create or result in or reoresent the
potential to cause, create or result in a Detriment. or violate this Code or other City Code.
(11) Maintenance of Private Drainage Systems
i. The Owner or Responsible Party shall maintain all portions of the Private Drainage System on the
Premises and within the limits of the right-of-way adjacent to the Premises and within the limits of platted
or recorded easements on the Premises free from conditions that cause, create or result in or represent
the potential to cause, create or result in a Detriment.
ii. The Owner or Responsible Party shall maintain all above ground portions of the Public Drainage System
within the limits of the right-of-way adjacent to the Premises or within the limits of platted or recorded
easements on the Premises free from conditions that cause, create or result in or represent the potential
to cause, create or result in a Detriment.
iii. If maintenance activity necessitates the reconstruction of the Private Drainage System, or portions
thereof, the work shall be approved, permitted, bonded and reconstructed in accordance with Section 96-
227 of this Code.
iv. Surface drainage swales, including surface drainage swales within City right-of-way and within platted or
dedicated easements, shall be mowed as part of regular maintenance of the premises and kept free from
conditions that cause, create or result in or represent the potential to cause, create or result in a
Detriment. In meadow situations, the swales should be mowed less frequently in order to allow grasses
to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their
natural condition leaving understory growth to retard runoff and prevent erosion. The Owner or
14
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law,
The initial draft of this document was submitted to the Clerk-Treasurers Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
Responsible Party shall maintain drainage swales and other Watercourses acting as a Storm Water
Quality Best Management Practices in accordance with Section 96-222 (b) (10) of this Code.
v. It shall be prohibited to discharge, empty, or place any material, fill or waste into any swale or
watercourse or within the limits of the easements in which the swales or watercourses are located.
vi. All premises shall be graded and maintained so as to prevent the accumulation of stagnant water
thereon, within any structure located thereon, or on other premises. Stagnant water shall be determined
as any accumulation that has not dispersed within seven (7) days of the last recorded local rainfall. With .
the exception of Stormwater Detention or Stormwater Quality Facilities approved and or permitted by the
City.
vii. The City reserves the right to maintain and/or repair existing Private Drainage Systems and/or portions of
the Public Drainage System pursuant to Section S6-222 (b) (11) (ii) of this Code at the Owner's or
Responsible Party's expense if lack of maintenance by the Owner or Responsible Party or state of
disrepair is determined to cause, create or result in or represent the potential to cause, create or result in
a Detriment, or violate this Code or other City Code.
viii. The City reserves the right to request that the Owner or Responsible Party clear and maintain existing
Watercourses in accordance with DNR guidelines. Federal, State, and local governing agencies regulate
Watercourse maintenance and improvement projects since effective Watercourse drainage is essential to
drainage within the watershed/drainage basin of the Watercourse.
(12) Maintenance of Common Areas
i. Areas of the premises designated as Common Area shall be maintained by the Homeowners Association
or the Owner dependent on the restrictive covenants.
(13) Storaoe. It shall be prohibited to store materials or objects exterior of a structure, which are customarily utilized or
intended to be utilized by the manufacturer in the interior of a structure. These materials and objects shall include
but are not limited to appliances, couches, and mattresses. Materials or objects temporarily placed for disposal or
removal from property within two (2) days shall be exempt from this section or those materials or objects being
utilized in conjunction with a construction or other improvement project on the subject property.
(14)Sions. Marouees. and Awninos. All canopies, marquees, signs, metal awnings, stairways, fire escapes,
standpipes, exhaust ducts and similar overhang extensions shall be in good repair and be properly anchored so as
to be kept in a safe and sound condition. They shall be protected from the elements and against decay and rust
by the periodic application of a weather-coating material such as paint or other protective treatment
(15) Abandoned Sions. Signs that advertise for a business or activity that no longer operates on the property on which
the sign is located shall be deemed an abandoned sign and shall be removed within six (6) months from when the
business or activity ceased operating on the property.
(16) Easements and Rights-of-Way
i. This section shall apply to all premises encumbered by platted or recorded easements and rights-of-way.
ii. Pursuant to the provisions of Carmel City Code Sections S6-48, S8-63 and S8-64, no construction or
other materials utilized to improve or maintain the Premises shall be placed or stored within the limits of
the right-of-way or platted or recorded easements.
ili. The City and the Easement Holder reserves the right to access easements that exist for the benefit of the
easement holder at any time for maintenance or other legal purposes.
iv. Unless otherwise stipulated by other codes or ordinances, a permit from the Board of Public Works and
Safety pursuant to Carmel City Code Section 98-67, or an executed Consent-to-Encroach approved by
the City and properly recorded in the Hamilton County Recorder's Office:
1. The City and the Easement Holder reserves the right to remove any Improvement in the
easement or right-of-way at the expense of the Owner or the Responsible Party.
2. No damages will be awarded to the Owner or the Responsible Party if damage occurs to an
Improvement within an easement or right-of-way resulting from City or Easement Holder activity
15
VERSION A MAY 12,2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on Aprl117, 2006. Arry changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(c) Exterior Structure
(1) General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to
pose a threat to the public health, safety or welfare.
(2) 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 eiements 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. Oxidation stains shall be removed. All exterior surfaces shall be of
uniform colors and materials to ensure compatibility with adjoining properties.
(3) Premises Identification. Buildings shall have approved address numbers placed in a position to be plainly legible
and visible from the street or road fronting the property. These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of four (4) inches
(102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm).
(4) Foundation Walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and
capable of supporting the imposed loads. Foundation walls shall be kept in such condition so as to prevent the
entry of rodents and other pests.
(5) 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.
(6) Roofs and drainaae. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof
drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure.
Roof drains, gutters and down spouts shall be maintained in good repair and free from obstructions. Roof Drain
discharges shall be discharged as a Legal Connection or a Legal Discharge. inappropriate or temporary roofing
coverings including but not limited to tarps shall be deemed inadequate protection and not uniform and as such
shall be prohibited for a period exceeding seven (7) consecutive days.
(7) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative
, features shall be maintained in good repair with proper anchorage and in a safe condition.
(8) Overhana extensions. All overhang extensions including, but not limited to canopies, marquees, signs, metal
awnings, fire escapes, stand pipes, and exhaust ducts 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.
(9) Stairwavs. decks. porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances
attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of
supporting the imposed loads.
(10) Chimnevs and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances 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.
(11) Handrails and auards. Every handrail and guard shall be firmly fastened and capable of supporting 200 pounds of
pressure and shall be maintained in good condition.
(12) Window, skvliaht and doorframes. Every window, skylight door and frame shall be kept in sound condition and in
good repair.
(13) Glass. All glass and plexi.glass materials shall be fully glazed and maintained free from cracks and holes if it is
determined by the Code Enforcement Official that such cracks and holes pose a safety risk.
16
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(14) Qoenable windows, Every window, other than a fixed window, shall be easily openable and capable of being
locked and held in position by window hardware, No special tools or knowledge shall be required to open a
window,
(15) Insect Screens. Every door, window and other outside opening required for ventilation of 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 sixteen (16) mesh per inch (16 mesh per 25 mm) and every swinging door shall have a
self-closing device in good working condition, This section shall not apply to premises that actively utilize a
mechanical cooling device.
(16) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all
entrances to dwelling units, rooming units and guestrooms shall tightly secure the door, however no double dead
bolts shall be permitted for the structure's main escape.
(17) Basement hatchwavs. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and
surface drainage water.
(18) Guards for Basement Windows. Every basement window that is openable shall be supplied with rodent shields,
storm windows or other approved protection against the entry of rodents.
(19) Guards for Area Wells. Guardrails or covers shall be required for area wells deeper than thirty (30) inches and
located within ten (10) feet of the corner of a building.
(d) Rubbish and Garbage
(1) Accumulation of Rubbish or Garbaae. All exterior property and premises, and the interior of every structure, shall
be free from any accumulation of rubbish or garbage. Prohibited property conditions include those conditions
defined by Chapter 6, Article 5, Division I Public Nuisances of the Carmel City Code.
(2) Disposal of Rubbish and Garbaae. Every oocupant of a structure shall dispose of all rubbish and garbage in a
clean and sanitary manner by placing such rubbish or garbage in approved containers.
I. Rubbish and Garbaae Storaae. The owner of every occupied premise shall supply approved covered
containers for rubbish and garbage, and the owner of the premises shall be responsible for the removal
of rubbish and garbage.
il. Approved Containers. The owner of premises producing rubbish or garbage shall provide, and at all
times cause to be utilized, approved leak proof containers with close-fitting, air tight covers for the
storage of such materials until removed from the premises for disposal.
(3) Location of Refuse Containers. Containers on residential properties shall be placed in such a manner as to be out
of view from the street in front of the premises or in a garage located on the premises. Containers kept outside
shall be placed and kept in such a manner as not to permit entry of or harborage for animals, insects or other
vermin. Containers on non-residential properties shall be fully screened from all lot lines and remain in compliance
with Chapter 6, Article 5, Division 1, Section 6-77(1) of the Carmel City Code. In no event shall containers be
placed or maintained in such a way as to unreasonably interfere with the use of adjoining property.
(4) Construction Dumosters. Pursuant to the provisions of Carmel City Code Section !l6-48 and !l8-64, construction
dumpsters shall not be placed on or within City rights-ai-way, or platted or recorded easements. Placement on a
residential lot may not exceed ten (10) consecutive days except when construction is in progress. When
construction is in progress, dumpster must be removed from the property upon completion of construction or upon
expiration of building permit, whichever occurs first. For construction projects that do not require a building permit,
dumpsters must be removed upon completion of project or after thirty (30) consecutive days, whichever occurs
first.
17
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurers OffJ~e on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(e) Extermination
(1) Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or
rodents are found shall be promptly exterminated by approved processes that will not be injurious to human
health. After extermination, proper precautions shall be taken to prevent re.infestation.
(2) Owner. The owner of any structure shall be responsible for extermination within the structure.
(3) Sinale Occuoant. The occupant of a one family dwelling or of a single tenant nonresidential structure shall also be
responsible for extermination on the premises.
(4) Multiole Occuoancy The owner of a structure containing two or more dwelling units, a multiple occupancy, or a
nonresidential structure shall be responsible for extermination in all areas of the structure and exterior property.
(I) Swimming Pools, Spas, and Hot Tubs
(1) Swimmina Pools. Swimming pools shall be maintained in a clean and sanitary condition and in good repair.
(2) Enclosures. Private swimming pools, hot tubs and spas containing water shall be in compliance with Indiana State
law including 675 lAC 20-4-27 as amended.
(3) Discharaes. Discharges generated from the backwash of pool, spa or hot tub filter systems shall be legally
connected to the Sanitary Sewer System. Water stored or contained within pools, spas or hot tubs that is removed
from these Improvements for maintenance, winterizing or other purposes shall be legally disposed to the Sanitary
Sewer System. Water stored or contained within poois, spas or hot tubs that is removed from these Improvements
for maintenance, winterizing or other purposes that is dechlorinated may be discharged as a Legal Connection or
a Legal Discharge.
(g) Interior Structure
(1) General Provisions. The interior of a structure and its equipment shall be maintained in good repair, structurally
sound and in a sanitary condition so as not to pose a threat to the health, safety, or welfare of the occupants or
visitors, and to protect the occupants from the environment.
(2) Structural Members. The supporting structural members of every building shall be maintained structurally sound;
not showing evidence of deterioration that would render them incapable of carrying imposed loads. In every
existing building used for business, industrial, mercantile or storage occupancy, in which heavy loads or
concentrations occur in which machinery is introduced, the owner or occupant shall cause the weight that each
floor will safely sustain to be calculated by a registered architect or engineer and filed with the Code Enforcement
Official, and after such acceptance by the Code Enforcement Official, to be posted on each floor in a conspicuous
place. '
(3) Interior Surfaces. Floors, walls (including windows and doors), ceilings and other interior surfaces shall be
maintained in good, clean and sanitary condition. Peeling paint, cracked or loose plaster, decayed wood and
other defective surface conditions, including mold spores, shall be eliminated.
(4) Lead-Based Paint. Lead-based paint with a lead content greater than that allowed by current federal guidelines or
amendments thereto regulating the same, shall not be applied to any interior or exterior surface of a dwelling,
dwelling unit, or childcare facility, including fences and outbuildings at these locations. Existing interior and
exterior painted surfaces of dwelling units and childcare facilities that contain an excess of the allowed limit stated
hereinabove shall be removed or covered in accordance with the current federal guidelines or amendments
thereto regulating the same.
(5) Bathroom and Kitchen Floors. Every toilet, bathroom and kitchen floor surface shall be constructed and
maintained so as to penmlt such floor to be kept in a clean, and sanitary condition.
(6) Free from Damoness. In every building and all portions of the building including, but not limited to, basements and
crawl spaces shall be maintained to prevent conditions conducive to mold formation, decay or deterioration of the
structure.
18
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk-Treasurers Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor,
SPONSORS: Councillors Carter, Sharp and Glaser
(7) Handrails and Guardrails. Every flight of stairs which is more than four (4) risers shall have a handrail on at least
one (1) side of the stair, and every portion of a stair, landing or balcony which is more than thirty (30) inches (762
mm) above the floor or grade below shall have guardrails. Handrails shall not be less than thirty-four (34) inches
(864 mm) high, measured vertically above the nosing of the tread or above the floor of the landing or balcony.
Guardrails shall be not less than thirty (30) inches (762 mm) high above the floor of the landing or balcony. Every
handrail and guardrail shall be firmly fastened and capable of bearing normally imposed loads and shall be
maintained in good condition.
(8) Below Grade Rooms. Rooms partially or completely below grade shall not be used as habttable space unless:
i. Floors and walls are watertight so as to prevent entry of moisture;
ii. Total window area, total openable window area and ceiling height are in accordance with this Code;
iii. Required minimum window area of every habitable space is entirely above the grade adjoining such
window areas; and '
iv. Means of egress and emergency escape are provided in accordance with this Code.
(9) Basement Flooding. The City shall assume no liability for basement flooding.
(10) Sump Pump systems, meeting the requirements of a Sump Pump as defined in this Code, shall be discharged as
a Legal Connection or a Legal Discharge.
(11) Condensate from basement or other level dehumidifiers and air conditioning units may be discharged as a Legal
Connection or a Legal Discharge meeting the provisions of this Code.
(12) Discharges generated from basement or other level toilets, sinks, showers, washing machines, water softener
discharge, floor drains and/or garage floor drains shall be legally connected, either by a gravity system or a
pumped system independent of any Sump Pump systems, to the Sanitary Sewer System.
~6-223 LIGHT, VENTILATION AND OCCUPANCY LIMITATIONS
(a) General
(1) Scope. The provisions of this chapter shall govern the minimum conditions and standards for light, ventilation and
space for occupying a structure.
(2) Responsibilitv. 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 chapter.
(3) Alternative Devices. In lieu of the means for natural light and ventilation herein prescribed, artificial light or
mechanical ventilation complying with the International Building Code or International Residential Code shall be
permitted.
(b) 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 (914 mm) 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.
Exceotion: 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 (2.33m2). The exterior glazing area shall be
based on the total floor area being served.
19
VERSION A MAY 12, 2006.
This document pr~pared by: City of Carmel Departments of Community SelVices and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17, 2006. Arry changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(2) Common Halls and Stairwavs. Every common hall and stairway in residential occupancies, other than in one- and
two-family dweiiings, shall be lighted at all times with at least a 60-watt standard incandescent light bulb for each
200 square feet (19 m2) of floor area or equivalent illumination, provided that the spacing between lights shall not
be greater than 30 feet (9144 mm). In other than residential occupancies, means of egress, including exterior
means of egress stairways shall be illuminated at all times the building space served by the means of egress is
occupied with a minimum of 1 foot-candle (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.
(c) Ventilation
(1) Habitable Spaces. Every habitable space shall have at least one openable window. The total openable area of the
window in every room shall be equal to at least 45 percent of the minimum glazed area required in 96-223(b)(1)
Exception: Where rooms and spaces without openings to the outdoors are ventilated 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 (2.33m2). The ventilation openings to the outdoors
shall be based on a total floor area being ventilated.
(2) Bathrooms and Toilet Rooms. Every bathroom and toiiet room shall comply with the ventilation requirements for
habitable spaces as required by Section 96-223(c)(1), except that a window shall not be required in such spaces
equipped with a mechanical ventilation system. Air exhausted by a mechanical ventilation system from a bathroom
or toilet room shall discharge to the outdoors and shall not be re-circulated.
(3) Cookina Facilities. Unless approved through the certificate of occupancy, cooking shall not be permitted in any
rooming unit or dormitory unit, and a cooking facility or appliance shall not be permitted to be present in a rooming
unit or dormitory unit.
Exception: Where specifically approved in writing by the code official.
(4) Process Ventilation. Where injurious, toxic, irritating or noxious fumes, gases, dusts 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 re-circuiated to any space.
(5) Clothes Dryer Exhaust. Clothes dryer exhaust systems shall be independent of all other systems and shall be
exhausted in accordance with the manufacturer's instructions.
(d) Occupancy Limits
(1) Privacv. Dwelling units, hotel units, housekeeping units, rooming units and dormitory units shall be arranged to
provide privacy and be separate from other adjoining spaces.
(2) 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.
(3) Minimum Ceilina Heiahts. Habitable spaces, hallways, corridors, laundry areas, bathrooms, toilet rooms and
habitable basement areas shall have a clear ceiling height of not less than 7 feet (2134 mm).
Exceptions:
i. In one- and two-family dwellings, beams or girders spaced not less than 4 feet (1219 mm) on center and
projecting not more than 6 inches (152 mm) below the required ceiling height.
ii. Basement rooms in one- and two-family dwellings occupied exclusively for laundry, study or recreation
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, ducts and similar obstructions.
iii. Rooms occupied exclusively for sleeping, study or similar purposes and having a sloped ceiling over all
or part of the room, with a clear ceiling height of at least 7 feet (2134 mm) over not less than one-lhird of
20
VERSION A MAY 12,2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk- Treasurer's Office on April 17 , 2006. Any changes thereafter made to this document are the sole responsibllity 01
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
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.
(4) Bedroom Reauirements. Every bedroom shall comply with the requirements of S6-223(d)(4)(i) through S6-
223(d)(4)(v).
i. Area for 51eepina Purposes. Every bedroom occupied by one person shall contain at least 70 square feet
(6.5 m2) of floor area, and every bedroom occupied by more than one person shall contain at least 50
square feet (4.6 m2) of floor area for each occupant thereof.
ii. Access from Bedrooms. Bedrooms shall not constitute the only means of access to other bedrooms or
habitable spaces and shall not serve as the only means of egress from other habitable spaces.
1. Exception: Units that contain fewer than two bedrooms.
iii. Water Closet Accessibilitv. Every bedroom shall have access to at least one water closet and one
lavatory without passing through another bedroom. Every bedroom in a dwelling unit shall have access to
at least one water closet and lavatory located in the same story as the bedroom or an adjacent story.
iv. Prohibited Occupancv. Kitchens and non habitable spaces shall not be used for sleeping purposes.
v. Other Reauirements. Bedrooms shall comply with the applicable provisions of this code including, but not
limited to, the light, ventilation, room area, ceiling height and room width requirements of this chapter; the
plumbing facilities and water-heating facilities requirements of Chapter 5; the heating facilities and
electrical receptacle requirements of Chapter 6; and the smoke detector and emergency escape
requirements of Chapter 7.
(5) Overcrowdina. Dwelling units shall not be occupied by more occupants than permitted by the minimum area
requirements of Table 6-223(d)(5).
TABLE 6-223(d)(5)
MINIMUM AREA REQUIREMENTS SPACE
SPACE
Livin room a,b
Dinin room a,b
Kitchen
Bedrooms
For 51: 1 square foot = 0.093 m'.
a. See S6-223(d)(5)(iI) for combined living room/dining room spaces.
b. See S6-223(d)(5)(i) for limitations on determining the minimum occupancy area for
sleeping purposes
MINIMUM AREA IN SQUARE FEET
1-2 occu ants 3-5 occu ants
No re uirements 120
No re uirements 80
50 50
Shall com I with
6 or more occu ants
150
100
60
i. Sleeoina Area. The minimum occupancy area required by Table 6-223(d)(5) shall not be included as a
sleeping area in determining the minimum occupancy area for sleeping purposes. All sleeping areas shall
comply with S6-223(d)(4),
ii. Combined Spaces. Combined living room and dining room spaces shall comply with the requirements of
Table 6-223(d)(5) 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.
(6) Efficiencv Unit. Nothing in this section shall prohibit an efficiency living unit from meeting the following
requirements:
i. A unit occupied by not more than two occupants shall have a clear floor area of not less than 220 square
feet (20.4 m2). A unit occupied by three occupants shall have a clear floor area of not less than 320
square feet (29,7 m2). These required areas shall be exclusive of the areas required by Items iI and ili.
21
VERSION A MAY 12,2006.
This document prepared by: CIty of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of law.
The initial draft of this document was submitted 10 the Clerk-Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
ii. The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a
clear working space of not less than 30 inches (762 mm) in front. Light and ventilation conforming to this
code shall be provided.
iii. The unit shall be provided wifh a separate bathroom containing a water closet, lavatory and bathtub or
shower.
iv. The maximum number of occupants shall be three (3).
(7) 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.
~6-224 PLUMBING FACILITIES AND FIXTURE REQUIREMENTS
(a) Occupancy Limits
(1) Scope. The provisions of this chapter shall govern the minimum plumbing systems, facilities and plumbing fixtures
to be provided.
(2) Responsibilitv. 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 which does not comply with the requirements of this chapter.
(b) Required Facilities
(1) Dwellino Units. Every dwelling unit shall contain its own bathtub or shower, lavatory, water closet and kitchen sink
which shall be maintained in a sanitary, safe working condition. The lavatory shall be placed in the same room as
the water closet or located in close proximity to the door leading directly into the room in which such water closet is
located. A kitchen sink shall not be used as a substitute for the required lavatory.
(2) Bed & Breakfasts. At least one water closet, lavatory and bathtub or shower shall be supplied for each four
rooming units.
(3) Emplovees' Facilities. A minimum of one water closet, one lavatory and one drinking facility shall be available to
employees
Drinkina facilities. Drinking facilities shall be a drinking fountain, water cooler, bottled water cooler or
disposable cups next to a sink or water dispenser. Drinking facilities shall not be located in toilet rooms or
bathrooms.
(c) Toilet Rooms
(1) Privacv. 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 dweiling.
(2) Location. Toilet rooms and bathrooms serving hotel units, rooming units or dormitory units or housekeeping units,
shall have access by traversing not more than one flight of stairs and shall have access from a common hall or
passageway.
(3) Location of Emolovee Toilet Facilities. Toilet facilities shall have access from within the employees' working area.
The required toilet facilities shall be located not more than one story above or below the employees' working area
and the path of travel to such facilities shall not exceed a.distance of 500 feet (152 m). Employee facilities shall
either be separate facilities or combined employee and public facilities.
22
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. RevIewed by: City of Cannel Department of Law.
The initial draft of this document was submitted to the Clerk- Treasurer's Office on Apri117, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
Exceotion: Facilities that are required for employees in storage structures or kiosks, which are located in
adjacent structures under the same ownership, lease or control, shall not exceed a travel distance of 500 feet
(152 m) from the employees' regular working area to the facilities.
(4) Floor surface. In other than dwelling units, every toilet room floor shall be maintained to be a smooth, hard,
nonabsorbent surface to permit such floor to be easily kept in a clean and sanitary condition.
(d) Plumbing Systems and Fixtures
(1) General. All plumbing fixtures shall be properly installed and maintained in working order, and shall be kept free
from obstructions, leaks and defects and be capable of performing the function for which such plumbing fixtures
are designed. All plumbing fixtures shall be maintained in a level, safe, sanitary and functional condition.
(2) Fixture clearances. Plumbing fixtures shall have adequate clearances for usage and cleaning.
(3) Plumbina svstem 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, back-
siphonage, improper installation, deterioration or damage or for similar reasons, the code official shall require the
defects to be corrected to eliminate the hazard.
(e) Water System
(1) General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be
properly connected to either a public water system or to an approved private water system. All kitchen sinks,
lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water
in accordance with the Indiana Plumbing Code.
(2) Contamination. The water supply shall be maintained free from contamination, and all water inlets for plumbing
fixtures shall be located a minimum of one (1) inch 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, shall be protected by an approved
atmospheric-type vacuum breaker or an approved permanently attached hose connection vacuum breaker.
(3) fumQ!y, The water supply system shall be installed and maintained to provide a supply of water to plumbing
fixtures, devices and appurtenances in sufficient volume and at pressure adequate to enable the fixtures to
function properly, safely, and free from defects and leaks.
(4) Water Heatina Facilities. Water heating facilities shall be properly installed, maintained and capable of providing
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 120' F (49' 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.
(I) Sanitary Drainage System
(1) General. All interior plumbing fixtures shall be properly connected to either a public sanitary sewer system or to an
approved private sanitary sewage disposal system.
(2) Maintenance. Every plumbing stack, vent, waste and sewer line shall function properly and be kept free from
obstructions, leaks and defects.
96-225 MECHANICAL AND ELECTRICAL REQUIREMENTS
(a) General
(1) Scope. The provisions of this chapter shall govern the minimum mechanical and electrical facilities and equipment
to be provided.
23
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department 01 law.
The initial draft of this document was submitted to the C!erk.Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(2) Resoonsibilitv. 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 chapter.
(b) Heating Facilities
(1) Facilities Reauired. Permanent heating facilities shall be provided in structures as required by this section.
(2) Residential Occuoancies. Dwellings shall be provided with heating facilities capable of maintaining a room
temperature of 68' F (20' C) in all habitable rooms, bathrooms and toilet rooms based on the winter outdoor design
temperature for the locality indicated in Appendix D of the Indiana Plumbing Code. Cooking appliances shall not
be used to provide space heating to meet the requirements of this section.
Exceotion: In areas where the average monthly temperature is above 30'F (-1'C), a minimum temperature of
65'F (18'C) shall be maintained.
(3) Heat Suoolv. 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 expressed or implied, to furnish heat to the occupants
thereof shall supply heat during the period from December 1 to March 15 to maintain a temperature of not less
than 68'F (20'C) in all habitable rooms, bathrooms, and toilet rooms.
Exceotions:
i
When the outdoor temperature is below the winter outdoor design temperature for the locality,
maintenance of the minimum room temperature shall not be required provided that the heating
system is operating at its full design capacity. The winter outdoor design temperature for the locality
shall be as indicated in Appendix D of the Uniform Plumbing Code. '
In areas where the average monthly temperature is above 30'F (-1'C) a minimum temperature of
65'F (18'C) shall be maintained.
(4) Occuoiable Worksoaces. Indoor occupiable workspaces shall be supplied with heat during the period from
December 1 to March 15 to maintain a temperature of not less than 65' F (18' C) during the period the spaces are
occupied.
Exceotions:
i Processing, storage and operation areas that require cooling or special temperature conditions.
ii Areas in which persons are primarily engaged in vigorous physical activities.
(5) Room Temoerature Measurement. The required room temperatures shall be measured 3 feet (914mm) above the
floor near the center of the room and 2 feet (610 mm) inward from the center of each exterior wall.
ii
(c) Mechanical Equipment
(1) Mechanical ADoliances. All mechanical appliances, fireplaces, solid fuel-buming appliances, cooking appliances
and water heating appliances shall be property installed and maintained as per the manufacturer's specifications in
a safe working condition, and shall be capable of pertorming the intended function.
(2) Removal of Combustion Products. All fuel-burning equipment and appliances shall be connected to an approved
chimney or vent.
Exceotion: Fuel-burning equipment and appliances that are labeled for unvented operation.
(3) Clearances. All required clearances to combustible materials shall be maintained.
(4) Safetv Controls. All safety controls for fuel-burning equipment shall be maintained in effective operation.
(5) Combustion Air. A supply of air for complete combustion of the fuel and for ventilation of the space containing the
fuel-burning equipment shall be provided for the fuel-burning equipment.
(6) Enerav Conservation Devices. Devices intended 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 therefrom, shall not be installed unless
labeled for such purpose and the installation is specifically approved.
24
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City ofCarme[ Department of Law.
The Initial draft of this document was submitted to the Clerk-Treasurer's Office on Aprll17, 2006. ArT'f changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(d) Electrical Facilities
(1) Facilities Reauired. Every occupied building shall be provided with an electrical system in compliance with the
requirements of this section and 96-225(e).
(2) Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for
additional facilities in accordance with National Electrical Code. Dwelling units shall be served by a three-wire,
120/140-volt, single-phase electrical service having rating of not less than one hundred (100) amperes.
(3) Electrical Svstem 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 receptacle and lighting
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.
(e) Electrical Equipment
(1) Installation. All electrical equipment, wiring and appliances shall be properly installed and maintained in a safe
and approved manner.
(2) Receotacles. Every habitable space in a dwelling shall contain at least two separate and remote receptacle
outlets. Every bathroom shall contain at least one grounded receptacle. Any new bathroom receptacle outlet shall
have ground fault circuit interrupter protection.
(I) Elevators, Escalators, and Dumbwaiters
(1) General. Elevators, dumbwaiters, and escalators shall be maintained to sustain safely all imposed loads, to
operate properly, and to be free from physical and fire hazards. The most current certificate of inspection shall be
on display at all times within the elevator or attached to the escalator or dumbwaiter; or the certificate shall be
available lor public inspection in the office of the building operator.
(2) Elevators. In buildings equipped with passenger elevators, at least one elevator shall be maintained in operation at
all times when the building is occupied.
ExceDtion: Building equipped with only one (1) elevator shall be permitted to have the elevator temporarily
out 01 service for testing or servicing.
(g) Duct Systems
(1) General. Duct systems shall be maintained Iree of obstructions and shall be capable of performing the required
function. Ducts in unconditioned areas of a structure should be insulated.
~6-226 Fire Safety Requirements
(a) General
(1) Scooe. The provisions of this chapter shall govern the minimum conditioris and standards for fire safety relating to
structures and exterior premises, including fire safety facilities and equipment to be provided.
(2) ResDonsibilitv. 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 chapter.
25
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk- Treasurer's OffIce on April 17, 2006. Arry changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(3) Flammable Matter. Highly flammable or explosive matter, such as paints, volatile oils and cleaning fluids, or
combustible refuse, such as waste paper, boxes and rags, shall not be accumulated or stored on residential
premises except in reasonable quantities consistent with normal usage as determined by the City of Carmel Fire
Department.
(b) Means of Egress
(1) General. A safe, continuous and unobstructed path oftravel shall be provided from any point in a building or
structure to the public way. Means of egress shall comply with the International Fire Code.
(2) Aisles. The required width of aisles in accordance with the International Fire Code shall be unobstructed.
(3) Locked Doors. All means of egress doors shall be readily openable from the side from which egress is to be made
without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted
by the International Building Code or International Residential Code.
(4) Emeraencv Escape Openina. Required Emergency escape and rescue openings shall be maintained in
accordance with the code in effect at the time of construction, and the following. Required emergency escape and
rescue openings shall be operational from the inside of the room without the use of keys or tools. Bars, grilles,
grates, or similar devices are permitted to be placed over emergency escape and rescue openings provided the
minimum net clear opening size complies with the code that was in effect at the time of construction and such
devices shall be reieasable 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 escape and rescue opening. Where such bars, grilles, grates, o'r
similar devices are installed in existing buildings, smoke detectors shall be installed in accordance with 96-226(d).
(c) Fire Resistance Ratings
(1) Fire-Resistance-Rated Assemblies. The required fire-resistance rating of fire-resistance-rated walls, fire stops,
shaft enclosures, partitions and floors shall be maintained.
(2) Openina Protective. Required opening protective shall be maintained in an operative condition. All fire and
smoke-stop doors shall be maintained in operable condition. Fire doors and smoke barrier doors shall not be
blocked or obstructed or otherwise made inoperable.
(d) Fire Protection Systems
(1) General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or
any combination thereof shall be maintained in an operable condition at all times in accordance with the
International Fire Code.
(2) Smoke Alarms. Single or multi-station smoke alarms shall be installed and maintained in Groups R-2, R-3, R-4
and in dwellings not regulated in Group R occupancies, regardless of occupant load at all of the following
locations:
i
ii
Iii
On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms.
In each room used for sleeping purposes.
In each story within the dwelling unit, including basements and cellars but not including crawl spaces
and uninhabitable attics. In dwellings or dwelling units with split-levels and without an intervening
door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the
adjacent iower ievel provided that the lower level is less than one full story below the upper level.
Single or multiple station smoke alarms shall be installed in other groups in accordance with the International Fire
Code.
(3) Power Source. In Group R occupancies and in dwellings not regulated as Group R occupancies, single-station
smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a
commercial source and shall be equipped with a battery backup. Smoke alarms shall emit a signal when the
26
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17 , 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser.
batteries are low. Wiring shali be permanent and without a disconnecting switch other than as required for over.
current protection.
Exceotion. Smoke alarms are permitted to be solely battery operated in buildings where no construction is
taking place, buildings that are not served from a commercial power source and in existing areas of buildings
undergoing alterations or repairs that do not result in the removal of interior wall or ceiling finishes exposing
the structure, unless there is an attic, crawl space or basement available which could provide access for
building wiring without the removal of interior finishes.
(4) Interconnection. Where more than one smoke alarm is required to be instalied within an individual dwelling unit in
Group R-2, R-3, R-4 and in dweliings not regulated as Group Roccupancies, the smoke alarms shali be
interconnected in such a manner that the activation of one alarm will activate ali of the alarms in the individual unit.
The alarm shali be clearly audible in ali bedrooms over background noise levels with all intervening doors closed.
Exceotions:
(1) Interconnection is not required in building which are not undergoing alterations, repairs, or construction of any
kind.
(2) Smoke alarms in existing areas are not required to be interconnected where alterations or repairs do not
result in the removal of interior wall or ceiling finishes exposing the structure, unless there is an attic, crawl
space or basement available which could provide access for interconnection without the removal of interior
finishes.
~6-227Improvements To The Premises
(a) General
(1) All installation of new. or maintenance of existina. Imorovements shall be in accordance with the current CiN of
Carmel standards or of the federal, state or local government agency that have jurisdiction such installation and
maintenance activities and in accordance with Section ~6-220 (b) (7) of this Code,
(2) No construction activity, instaliation of Improvements or ciearing of any vegetation or ground cover shall occur in
areas designated as Tree Preservation Easement.
(3) No construction activity, installation of Improvements or clearing of any vegetation or ground cover shali occur
within a platted or dedicated landscape easement with the exception of additional tree or plant materiai or other
vegetation with the approval of the City of Carmel Urban Forester.
(4) Excepting those Improvements allowed by other codes or ordinances or allowed by a permit from the Board of
Public Works and Safety pursuant to Carmel City Code Section ~8-67, no construction or other materials utilized
to improve or maintain the Premises or temporary or permanent Improvements, shall be instalied, placed or
stored:
i Within a platted or dedicated drainage, sanitary, utility or other designated easement.
ii Within areas designated as Flood Route.
Hi Within platted or dedicated right-of-way or public ground.
iv Upon, in or under any street, greenway or alley.
v In a manner inconsistent with the provisions of Section ~6-222 (b) (16) of this Code.
(5) No person shali alter or modify existing grading or ground surface elevations within easements or rights-of-way at
any time.
(6) No person shall alter or modify existing City of Carmel, public or other Improvements within easements or rights-
of-way at any time without proper approvals.
(7) Grading, filling, excavating or any change in the grade of the premises Is permitted outside of platted or dedicated
easements or rights-ol-way, but shali be acceptable in appearance, shall not cause, create or result in or represent
the potential to cause, create or result in a Detriment and shall not result in the diversion of storm water.
27
VERSION A MAY 12,2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submltted to the Clerk-Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(8) For all work in the City of Carmel right-ot-way, the Owner or Responsible Party shall:
i Install Improvements in strict accordance with Section S6-220 (b) (7) of this Code,
Ii Notify the Department of Engineering Right of Way Manager and Construction Manager at ieast 24-
hours in advance of the start of construction within the right-of-way,
Iii Restore the right-of-way as requested by the City during and at the completion of construction. This
shall include, but not be limited to repair and/or complete removal and replacementto current City
standards of damaged curbing, pavement, sidewalk, sod, grass, trees, or other vegetation.
Determination of damaged public Improvements shall be the sole discretion 01 the City.
iv Prior to starting the work, schedule a pre-construction meeting with the Department of Engineering to
review the Department's construction requirements, staff notification requirements, required
inspections for certain stages of the work and to review the authority of the Department as it relates
to work within the City right-ol-way.
v Provide an acceptable traffic control plan for the work within the right-of-way and obtain Department
01 Engineering approval of the Plan prior to commencing the Work in the event that closure of any
lanes of travel of the public street necessary for completion of the work and such closure is approved
by the Board of Public Works and Safety.
vi Post traffic control devices at the locations on the approved traffic control plan and notification of the
Department of Engineering of such postings at ieast one week in advance of the start of
construction,
(b) Permits and Bonds
(1) Pursuant to Carmel City Code Section S8-65, the Owner or Responsible Party shall obtain proper permits and post
proper bonds or other pertormance guarantees required by the City for all work in right-of-way and for connections
to a public drainage system prior to starting the work. Work in the right-of-way is subject to inspection and
acceptance by the City.
(2) The Owner or Responsible Party shall obtain all other permits and post all other pertormance guarantees required
by the City and shall obtain all other permits Irom other lederal, state or local government agencies havinq
iurisdiction over such installation and construction activities prior to startinq the work.
(3) The Owner or Responsible Party shall provide written approval from the Home Owners Association to the City tor
all proposed installation 01 new, or maintenance 01 existing, Improvements il the approval of the Home Owners
Association for such work is stipulated in the restrictive covenants.
(c) Review and Approval
(1) The City, and in some instances the Homeowners Association, depending on the restrictive covenants of
subdivision, reserves the right to review, approve or deny any and all proposed Improvements, or modifications to
existing Improvements on the premises, within the right-ol-way or within platted or dedicated easements.
(2) The City may provide technical advice to the Owner or Responsible Party for installation of proposed
improvements or modifications to existing improvements but assistance will be limited to advice only. The City
assumes no responsibility if the Improvement does not function properly or as intended.
(3) Prior to installing any new, or conducting maintenance of existing, Improvements on the premises, within platted or
dedicated easements or within the right-of-way, the Owner or Responsible Party shall review the covenants for
any restrictions related to the installation or maintenance activities. The City will not approve installation of
Improvements that violate existing restrictive covenants.
28
VERSION A MAY 12, 2006.
ThIs document prepared by: City at Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of Law.
The Initial draft of this document was submitted to the Clerk-Treasurer's Office on Aprl117, 2006. Any changes thereafter made to this document are the sote responsibility of
tne document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
(d) Board of Public Works and Safety Approval
(1) Board of Public Works and Safety Approval is required for, but not limited to, the following:
i Request for additional curb cut access to serve a residential property,
ii Pursuant to Carmel City Code Section 98-62, construction of a driveway for commercial use.
iii Proposed modifications of existing commercial or residential driveways and drive aprons within the
right-of-way:
iv Proposed open cuts into existing pavement or curbs, or into any portion thereof, or to excavate
therein, or to excavate beneath the surface thereof for any reason.
v Closure of any lanes of travel of the public street necessary for completion of the work.
vi Removal of existing driveways.
vii Temporary construction entrances or other type of temporary access if not located at the existing
driveway, curb cut or main property access point, if said entrance or other type of temporary access
is proposed from a roadway bearing a designation on the City of Carmel20-year Thoroughfare Plan.
(e) Private Drainage Systems
(1) Proposed Private Drainage Systems and modifications to existing Private Drainage Systems shall be constructed
as a Legal Connection or a Legal Discharge and in accordance with Section 96-220 (b) (7) of this Code.
(2) All Proposed Private Drainage Systems or modifications to existing Private Drainage Systems are subject to
review by the City. The Owner or Responsible Party shall submit a plan and other requested documentation for
review and approval by the City. If review and approval authority lies with another federal, state or local
government agency, the City shall direct the Owner or Responsible Party to file the information with the
appropriate agency.
(3) All premises shall be graded so as to prevent the accumulation of stagnant water thereon, within any structure
located thereon, or on other premises. Stagnant water shall be determined as any accumulation that has not
dispersed within seven (7) days of the last recorded local rainfall, with the exception of Stormwater Detention or
Stormwater Quality Facilities approved and or permitted by the City. '
(4) It shall be prohibited to install Improvements into or within any Watercourse or within the limits of the easements in
which the Watercourses are iocated.
(5) Connections to the Public Drainage System shall only be performed by Contractors bonded with the City. In
accordance with Section 96-227 (b) (1) of this Code, this work is subject to inspection by the City.
(f) Stormwater Quality Best Management Practices
(1) If maintenance activity necessitates the reconstruction of the Stormwater Quality Best Manaaement Practices, or
portions thereof, the work shall be approved, permitted, bonded and reconstructed in accordance with the
approved Storm Water Pollution Prevention Plan, City Codes and other federal, state or local government agency
standards governing the installation and maintenance of Storm Water Quality Best Management Practices and in
accordance with Section 96-220 (b) (7) of this Code.
(g) Erosion Control, Sediment Control and Storm Water Quality During the Work
(1) No soil runoff shall be permitted from the premises during and after installation of any Improvement or
maintenance thereof. .
(2) Erosion Control, Sediment Control and Storm Water Quality measures shall be installed and shall be maintained
forthe duration of the work and are subject to inspection by the City. Installation of Erosion Control, Sediment
Control and Storm Water Quality measures shall conform to Section 96-220 (b) (7) of this Code.
29
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of CalTTlel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17, 2006, A~ changes thereafter made to this document are the sole responsibility of
the document sponsor,
SPONSORS: Councillors Carter, Sharp and Glaser
(3) The City reserves the right to install Erosion Control, Sediment Control and Storm Water Quality measures or to
maintain and/or repair existing Erosion Control, Sediment Control and Storm Water Quality measures due to lack
of installation or maintenance of installed measures for Improvement projects by the Owner or Responsible Party
at the Owner's or Responsible Party's expense if lack of maintenance or state of disrepair is determined, at the
sole discretion of the City, to cause, create or result in or represent the potenljal to cause, create or result in a
Detriment.
(h) Driveways
(1) The City shall allow one (1) curb cut access to each premises served by City streets and roadways uniess
otherwise approved by The Board of Public Works and Safety, The City shall determine the type of access
provided to each curb cut that is in the best interest of public safety,
(2) Temporary construction entrances or other type of temporary access that are not located at the existing driveway,
curb cut or main property access point shall be approved by the Board of Public Works and Safety pursuant to ~6-
227 (d) (1) of this Code or approved by the Department of Engineering if Board of Public Works and Safety
approval is not required,
(3) Temporary construction entrances or other type of temporary access that are not located at the existing driveway,
curb cut or main property access point shall be installed or the access provided at the approved location.
Temporary construction entrances shall be constructed in strict accordance with current City Standards and shall
be in accordance with all provisions of Sections S6-227 (h) of this Code, At the time stipulated by the Board of
Public Works approval, the temporary construction entrance (if constructed) shall be compietely removed in
accordance with Section S6-227 (h) (10) of this Code and the right-of-way at the point of access, and in the vicinity
of the point of access if affected by the work and vehicular or other traffic associated with the access, restored in
accordance with Sections ~6-227 (a) (8) of this Code.
(4) In all cases where an existing driveway, curb cut or main property access is utilized as a construction entrance or
other type of temporary access, the existing improvements within the right-of-way shall be restored in accordance
with Sections s6-227 (a) (8) of this Code when the work is complete,
(5) Pursuant to Carmel City Code Sections ~8-62 and S8-65, Right-of-Way Permits and proper posting of Right-of-
Way Bonds or Performance Bonds (at the discretion of the City) are required for all modifications to the portions of
the existing drives that are located in the right-of-way, installation of new driveways within the right-of-way,
temporary construction entrances or other type of temporary access, and use of an existing driveway, curb cut or
main property access as a temporary construction entrance or other type of temporary access, whether or not the
work requires approval by the Board of Public Works and Safety,
(6) The portions of proposed driveways within the right-of-way or modifications to the portion of existing driveways
within the right-of-way shall be constructed of concrete, unless the restrictive covenants or other prevailing
condiljons warrant an asphalt drive. The portion of the driveway within the right-of-way shall be constructed or
modified in strict accordance with the current City standards. If an asphalt drive is installed, the sidewalk across
the driveway shall be concrete, Under no circumstances shall an asphalt driveway be constructed within the right-
of-way where the existing roadway has concrete curb and gutter, .
(7) All proposed driveway construction or modifications to existing driveways shall be from the back edge of the
existing curb, The existing curb shall not be disturbed by the work uniess the approved Construction Documents of
the development anticipated the work, In this case, the existing curb shall be removed and replaced in accordance
with the approved Construction Documents of the development or applicable City standards,
(8) Pursuant to Carmel City Code Section S8-62, no person shall construct a new driveway across an existing
sidewalk without approval by the Board of Public Works and Safety,
(9) In areas where the existing roadway is not curbed, new driveways shall be constructed such that the existing
roadside drainage is maintained, This shall include, if required by the City, the installation of 12-inch minimum
diameter pipes, installed so that the pipe inverts match the existing roadside ditch elevations,
30
VERSION A. MA.Y 12, 2006,
This document prepared by: City of Carmel Departments of Community Services and Engineering. Reviewed by: City of Carmel Department of law,
The initial draft of thIs document was submitted to the Clerk.Treasurer's Oftlce on Aprll17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
.-SP-ONSQf\S;.-CounciIlQr-s-Garter,-Shar-p-and-Glaser- .
(10) In the event that an existing driveway is proposed to be removed, removal work shail be in accordance with the
foilowing: .
i
ii
The existing driveway material and any underlying aggregate shall be completely removed within the
limits of the right-of-way or as directed by the Board of Public Works and Safety.
The existing roadside drainage system shall be restored across the former driveway to match or
improve upon the existing swale configurations upstream and downstream of the existing driveway.
The area of the removed driveway within the limits of the right-ot-way shail be backfiiled and
topdressed with 6-inches minimum ot topsoil such that the area is level with the undisturbed area.
Sod shall be installed within the area of the removed driveway within the limits of the right-of-way.
Iii
iv
(i) Sidewalks & Multi-use Paths
(1) If removal of the existing sidewalk or multi-use path is required to facilitate the installation ot a new driveway or
modifications to an existing driveway, such work being approved by the Board ot Public Works and Safety, the
sidewalk shail be reconstructed of concrete and a multi-use path ot asphalt in accordance with the current City
Standards.
(2) New sidewalks or modifications to existing sidewalks shail be concrete and new multi-use paths or modifications to
existing multi-use paths shail be asphalt and shall be constructed in accordance with the current City standards.
. (3) Pursuant to Carmel City Code Sections S8-63 and S8-65, Right-of Way Permits and proper posting of Right-of-
Way Bonds or Performance Bonds (at the discretion ot the City) are required for ail modifications to the portions of
the sidewalks or multi-use pathways within the right-ol-way or installation of new sidewalks or multi-use pathways
within the right-of-way, whether or not the work requires approval by the Board of Public Works and Safety.
(4) Sidewalks or multi-use paths constructed across premises as improvements are commenced on individual,
unimproved building lots shall be constructed in accordance with the approved construction plans on file with the
City and shall be constructed by the Owner or Responsible Party."
Section 3. All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby
repealed, to the extent of such inconsistency only, as of the effective date of this Ordinance. However, the repeal or
amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties
incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities and proceedings
are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this
Ordinance had not been adopted. .
Section 4. If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portions of this Ordinance so long as enforcement of same can
be given the same effect.
Section 5. This Ordinance shall be in full force and effect from and after its passage and signing by the
Mayor.
PASSED by the
Yv\~
,
Common Council of the City of Cannel, Indiana, this IS1'day of
,2006, by a vote of ~ ayes and Lnays.
31
VERSION A MAY 12,2006.
This document prepared by: City af Carmel Departments of Community Services and Engineering. RevIewed by: City of Carmel Department of law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on April 17, 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.
SPONSORS: Councillors Carter, Sharp and Glaser
COMMON ~OUN IL FOR THE CITY OF CARMEL, INDIANA
e f> P 0 .s. -g-..-D
Joseph C. Ori lthS.
N ~ P R.6s.E"/JI
Brian D. Mayo
<:J PPOcS g-j)
Mark Rattermann
,~~e
"
Dian L. Cordray, lAMC, Clerk-Treas r
~
Presen!ed bS me to the Mayor of the City of Carmel, Indiana, this l~ day of
2006, at ~. ~- O'clock,~. M. ,
~
~
Diana L. Cordray, lAMC, Clerk
4-1--
Approved by me, Mayor ot,the City of Carmel, Indiana, this \'1 day of ~~
2006, at d: \ S O'clock, L. M.
Ja
32
VERSION A MAY 12, 2006.
This document prepared by: City of Carmel Departments of Community Services and EngineerIng. Reviewed by: City of Carmel Department of Law.
The initial draft of this document was submitted to the Clerk-Treasurer's Office on Apri117. 2006. Any changes thereafter made to this document are the sole responsibility of
the document sponsor.