ORDINANCE 2026-03   AN ORDINANCE OF THE TOWN OF STINESVILLE, MONROE COUNTY, INDIANA ADOPTING THE PROVISIONS OF INDIANA CODE § 36-7-9 TITLED “UNSAFE BUILDING LAW”   WHEREAS, the Town Council of Stinesville, Monroe County, Indiana is committed to protect and promote the physical and mental health and social well being of its citizens, to prevent and control the incidence of blight and communicable diseases, to reduce environmental hazards to health and safety and to regulate privately and publicly owned buildings for the purpose of maintaining adequate sanitation and public health by establishing legislation which provides for the administration and enforcement of minimum standards for safety from fire and accidents, the use, location and amount of space for human occupancy and the determination of owners, operators and occupants of buildings; and WHEREAS, the Town Council of Stinesville, being the legislative body of the Town may adopt Indiana Code § 36-7-9, titled “Unsafe Building Law,” by ordinance; and WHEREAS, the ordinance must specify the executive department of the unit responsible for the administration of Indiana Code § 36-7-9 or establish such a department; and WHEREAS, the ordinance must also incorporate by reference the definition of “substantial property interest.” NOW THEREFORE, be it ordained by the Town Council of Stines-ville, Monroe County, Indiana that the following ordinance is hereby adopted: Section 1. Adoption of the Indiana Unsafe Building Law. Under the provisions of Indiana Code § 36-7-9 as it reads currently and as may be amended from time to time, there is hereby established the Town of Stinesville Unsafe Building Law. Indiana Code § 36-7-9-1 through Indiana Code § 36-7-9-29 are hereby adopted by reference as the Town of Stinesville Unsafe Building Law. All proceedings within the Town for the inspection, repair, and removal of unsafe buildings shall be governed by this law and the provisions of this subchapter. In the event the provisions of this subchapter conflict with the provisions of § 36-7-9-1 through Indiana Code § 36-7-9-29, then the provisions of the state statute shall control. Section 2. Administration. The Town Marshal of the Town of Stinesville, or its designated representative who shall be hereinafter referred to as the inspector, is authorized to administer this Ordinance in accordance with the provisions and procedures set forth in the Indiana Unsafe Building Law, shall be the Town’s enforcement authority, and shall proceed under the provisions of this Ordinance to order the repair or removal of any buildings found to be unsafe as specified herein. Section 3. Definitions. The terms UNSAFE BUILDING and UNSAFE PREMISES shall have the definitions set forth in I.C. 36-7-9-4 and are hereby supplemented to include without limitation any building or structure that has any or all of the following conditions or defects, provided that such conditions or defects exist to the extent that life, health, property, or safety of the public or its occupants are endangered: (1) Whenever any door, aisle, passageway or other means of exit is not of sufficient width or size or is not so arranged as to provide a safe and adequate means of exit in case of fire or panic. (2) Whenever the walking surface of any aisle, passageway, stairway or other means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic. (3) Whenever the stress in any materials, member, or portion thereof, due to all dead and live loads, is more than one and one-half times the working stress or stresses allowed for new buildings of similar structure, purpose, or location. (4) Whenever any portion thereof has been damaged by fire, earthquake, wind, flood, or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements for new buildings of similar structure, purpose, or location. (5) Whenever any portion, member, or appurtenance thereof is likely to fail, to become detached or dislodged or to collapse and thereby injure persons or damage property. (6) Whenever any portion of a building, or any member, appurtenance, or ornamentation on the exterior thereof is not of sufficient strength or stability or is not so anchored, attached, or fastened in place so as to be capable of resisting a wind pressure of one-half of that specified for new buildings of similar structure, purpose, or location without exceeding the working stresses permitted for such buildings. (7) Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to wind or earthquake than is required in the case of similar new construction. (8) Whenever the building or structure, or any portion thereof, because of dilapidation, deterioration, or decay; faulty construction; the removal, movement, or instability of any portion of the ground necessary for the purpose of supporting such building; the deterioration, decay, or inadequacy of its foundation; or any other cause, is likely to partially or completely collapse. (9) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used. (10) Whenever the exterior walls or other vertical structural members lift, lean, or buckle to such an extent that a plumb line passing through the center of gravity does not fall inside the middle one-third of the base. (11) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members, or 50% damage or deterioration of its non-supporting members, enclosing, or outside walls or coverings. (12) Whenever the building or structure has been so damaged by fire, wind, earthquake or flood or has become so dilapidated or deteriorated so as to become an attractive nuisance to children, or freely accessible to persons for the purpose of committing unlawful acts. (13) Whenever any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the building regulations of this town, or of any law or ordinance of this state or town relating to the condition, location or structure of buildings. (14) Whenever any building or structure which, whether or not erected in accordance with all applicable laws or ordinances, has any non-supporting part, member or portion less than 50%, or in any supporting part, member or portion less than 66% of the strength, fire resisting qualities or characteristics, or weather-resisting qualities or characteristics required by law in the case of a newly constructed building of like area, height and occupancy in the same location. (15) Whenever a building or structure used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction, or arrangement, inadequate light, air or sanitation facilities, or otherwise is determined to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. (16) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits or lack of sufficient fire-resistive construction is determined to be a fire hazard. (17) When any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public. (18) Substantial property interest. The definition of SUBSTANTIAL PROPERTY INTEREST found at I.C. 36-7-9-2, as may be amended, is hereby incorporated by reference herein as if copied in full. Section 4. Hearing Authority. The Town Council shall serve as the hearing authority. Section 5. Unsafe Building Fund. An unsafe building fund is hereby established in the operating budget of the town in accordance with Indiana Code § 36-7-9-14. Section 6. Declaration of Public Nuisance. Unsafe buildings and unsafe premises are hereby declared to be public nuisances and are therefore also subject to enforcement, abatement, fines and penalties. Section 7. Penalties. Any person violating any provision of this chapter shall be subject to a fine being the first violation fine shall be $500.00 with the next violation being $1.000.00 and then all violations being $2,500.00. The assessment of a monetary penalty shall in no way limit the operation of the penalties provided elsewhere in this Ordinance. Any person violating the provisions of this Ordinance commits a Class C Infraction for each day such violation continues. This Ordinance shall be in full force and effect upon passage by the Town Council of Stinesville and publication thereof according to law. PASSED AND ADOPTED by the Town Council of the Town of Stinesville, Indiana, this 7th day of April, 2026.   STINESVILLE TOWN COUNCIL “AYES”                                                            Scott McGlocklin,  President  Kimberly Cunningham, Vice President  Richard Carter, Member  “NAYS” Scott McGlocklin, President Kimberly Cunningham, Vice President Richard Carter, Member ATTEST: Leah Fiegle Clerk-Treasurer TOWN OF STINESVILLE, INDIANA   This Ordinance was published in the Bloomington Herald Times on March 18th & 25th, 2026.   Leah Fiegle, Clerk-Treasuer