Minimum Housing Standards11/7/2011
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ORDINANCE  NO. __________________

 

An Ordinance establishing The Town of Remington's Minimum Housing Standards

 

Article I

 

            Article 1:  The Remington Town Council finds the structure, equipment, sanitation, maintenance, use and occupancy of residential property, dwellings and rooming houses may cause a hazard to the public health and safety.  These properties, dwellings and rooming houses may now exist or may exist in the future.  Establishment and enforcement of minimum housing standards are required to correct and prevent the existence of public health and safety hazards and are necessary to promote the general welfare of the community.

 

            Article 2:  The purpose of this ordinance is to

a) protect preserve and promote the physical and mental health of the citizens of Remington, Indiana,

b) prevent and control the incidence of communicable diseases,

c) reduce environmental hazards to health, and  regulate privately - and publicly- owned dwellings for the purpose of maintaining adequate sanitation and public health,

d) protect the safety of the people,

e) insure that the quality of housing is adequate for protection of public health, safety and general welfare,

f) establish minimum standards for fire and accident safety,

g) establish minimum standards for adequate level of maintenance and

h) determine the responsibilities of owners and occupants of dwellings.

 

Article 3:  This ordinance applies uniformly to the maintenance, use and occupancy of all residential, business, commercial and other structures.  In addition, this ordinance applies uniformly to the alteration, repair, use, occupancy and maintenance of all residential buildings and structures irrespective of when or under what code or codes the building or structure was originally constructed or rehabilitated.

 

 

 

The Town of Remington's Minimum Housing Ordinance requires Residential, Business and commercial structures comply with the following conditions:

 

Section 1 - Sanitary:

  • Every dwelling unit shall be maintained in a clean and sanitary manner, rubbish and garbage must be disposed of in storage facilities.
  • Every Exterior wall shall be protected with paint or other protective covering to prevent the entrance of penetration of moisture or the weather.
  • Windows and doors shall be substantially weather tight, watertight and Vermin proof.
  • Interior floors, walls and ceilings shall be substantially Vermin proof; shall be kept in sound condition.
  • Every yard and all exterior property area shall be kept free of species of weeds or plant growth, which are noxious or detrimental to health.

 

Section 2 - Structural: 

  • Walls or partitions or supporting members, sills, joists, rafters, or other structural members shall not list, lean, or buckle, shall not be rotted, deteriorated, or damaged.
  • Floors or roofs shall have adequate supporting members and strength to be reasonably safe.
  • Foundation walls piers or other supports shall not be damaged or deteriorated.
  • Steps, stairs, landings, porches, or other parts or appurtenances shall be maintained in such condition that they will not fail or collapse.
  • Adequate facilities for egress in case of fire or panic shall be provided.
  • The roof, flashings, exterior walls, basement wall, floors, and all doors and windows shall be constructed and maintained so as to be weather tight.
  • There shall be no chimneys or parts thereof which are defective, deteriorated, or in danger of falling, or in such condition or location as to constitute a fire hazard.
  • There shall be no use of the ground for floors or wood floors resting on the ground.
  • Accessory structures must be maintained in good repair and sound structural condition.  Stairs, porches and appurtenances, shall be safe to use and kept in sound condition.
  • Every dwelling unit shall be provided with adequate means of egress.

 

Section 3 - Basic Equipment and Facilities

Plumbing:

  • Each dwelling unit must be connected to a potable running water supply and to the public sewer or other approved sewage disposal system.
  • Each dwelling unit shall contain not less than a kitchen sink, lavatory, tub or shower, water closet, and adequate supply of both cold and hot water.   All water shall be supplied through an approved pipe distribution system connected to a potable water supply. 
  • The water closet and tub or shower shall be located in a room affording privacy to the user and in accordance with the State Plumbing Code.

Heating System:

  • Every dwelling unit shall be provided with heating facilities capable of maintaining a temperature of 65 degrees F.  At a point of three (3) ft. above the floor in all rooms. 

Electrical System:

  • Each dwelling unit shall be connected to a source of electrical current with a minimum 60-amp size service.
  • Each bathroom shall have a convenience receptacle with ground fault circuit interrupter protection.
  • An approved electrical outlet shall be provided for an Electric Range.

Ventilation:

Size, Height and Floor area:

  • Every dwelling unit shall contain at least 150 square feet of habitable floor area for the first occupant and at least 100 square feet of additional habitable area for each of the next three occupants and 75 additional square feet for any occupant thereafter.
  • Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor area.  At least 50 square feet of floor area is required for each additional occupant 12 years of age and over and at least 35 square feet of floor area for each occupant under 12 years of age.
  • At least one-half of the floor area of every habitable room shall have a ceiling height of not less than 7 feet 6 inches.
  • Basements used for living purposes shall comply with the habitable room requirements of Indiana Code.

 

Section 4 - Violations:

The Building Inspector shall give notice of a violation of this Ordinance.  Such notice shall be in writing and shall be via registered or certified mail to the owner.  If the owner's address is different than the address shown for the property involved, a notice shall also be sent to the address of the property involved, addressed to the occupant of such address.  The notice shall constitute an order based upon findings of fact, directing the owner and occupant to repair, vacate or demolish such building or otherwise comply with such order .

            The notice shall contain the following:

(1)    The name of the owner, occupant and other persons with legal interest in the premises;

(2)    The street address or legal description of the premises

(3)    A general description of the improvements:

(4)    A statement or list of defects:

(5)    Whether or not repairs or correction of the defects shall be made so that the building will comply with the terms of this Ordinance and, if so, a list of the required repairs, or whether the building shall be demolished.

(6)    Whether or not the building shall be vacated by the occupants and, if so, the date by which such vacation shall be effected:

(7)    Whether or not the building constitutes a fire menace; and

(8)    A statement of the time considered reasonable for the party receiving notice to commence to vacate and or make repairs or otherwise comply with the requirements of the notice.  A reasonable time shall not exceed thirty (30) days, except in cases of unusual or extenuating circumstances.  The time to commence may be extended by the Building Commissioner for an additional period of up to sixty (60) days; provided, however, an application for an extension is made by the owner, occupant, or some other person interest in the property at least five (5) days before the expiration of the time to commence vacation, repairs or demolition or otherwise comply with the notice.  A reasonable time to complete the vacation, repair or demolition or otherwise comply as provided in the notice and such reasonable time for completion shall not exceed ninety (90) days from the date of notice unless the time is extended by action of the Remington Town Council.

Service of Notice When Owner Absent From Town.

            When the owner and or occupant, and/or mortgagee, and/or other interested party, is absent from the Town, all notices or orders provided for herein shall be sent , via registered mail or certified mail to the owner, and/or occupant, and/or mortgagee, and/or all other persons having an interest in the dwelling or building to the last known address of each.  Such mailing and, in the case of dangerous or uninhabitable buildings, the below described posting, shall be deemed adequate service.

            Posting of Placard on Uninhabitable, Dangerous Buildings

If the Building Commissioner shall, upon inspection of any building with the Town, find the same to be uninhabitable and dangerous, he shall place a placard on the uninhabitable and dangerous building reading as follows:

 

 

DANGER

This Structure Is Declared Unsafe For Human Occupancy or Use

It Is Unlawful For Any Person to Use or Occupy This Building After_______________

Any Unauthorized Person Removing This Sign WILL BE PROSECUTED.

Refer to Ordinance No._______________

 

Signed ___________________________

           

 

            Notice of Hearing

(a)     The Building Official shall give notice of all proceedings before the Remington Town Council, to the record owners of the affected property, and to each holder of a recorded lien against the property, as shown by the Jasper County Recorder's records.  The Building Official shall give notice to all unknown owners, by posting a copy of the notice on the front door of each improvement situated on the affected property or as close to the front door as practical.

(b)    The Building Official shall mail and post each required notice at least ten (10) days prior to the date of the scheduled hearing before the Town Council.  The Building Official shall also cause to be published on one occasion, at least ten (10) days prior to the hearing, notice of the hearing in a newspaper of general circulation in the Town.

(c)     Notice required to be mailed, posted or published under this section shall state the date, time and place of the hearing.  In addition, each notice shall contain:

(1)    The name of the owner(s), occupant(s) and other persons interest in the building;

(2)    The street address or legal description of the premises;

(3)    A general description of the improvements;

(4)    A list of defects on the property, and

(5)     A brief statement of the action to be considered by the Town Council. 

 

Section 5 - Hearings

The property owner, the lessee or other person interested in or affected by the Building Commissioner's notice may appear and be heard at the hearing scheduled before the Remington Town Council.  An aggrieved person may present facts or evidence the subject dwelling structure is not defective or in violation of this ordinance.  The affected person may be represented by an attorney and may bring witnesses or other evidence to hearing for the Town Council's consideration.  The Town Council will receive evidence from an affected and interested person together with the evidence and findings of Remington's Building Commissioner.  Thereafter, the Remington Town Council will issue an order:

(a)    Finding and determining whether or not the structure is defective and in violation of this ordinance.  The findings and determinations will be made with sufficient clarity and specificity to identify the conditions that constitute the defect and, therefore, a violation of this ordinance.

       (b)  The order shall describe the remedial repairs, demolition or maintenance the Town Council determines necessary to cure the defects and remedy the violation of this ordinance.

(c) The order shall specify the time in which the landowner/affected person shall have to cure the defects and remedy the violation of this order

The landowner or other affected person may agree and consent to the findings and the order of the Town Council.  In such an event, the landowner/affected person will sign the findings and order which shall become binding on the landowner/affected person without further action by the Remington Town Council.

. 

Section 6 Appeals; Finality of Decisions.

In the event the landowner or affected person does not agree with the Remington Town Council's findings and orders, then and in that event, the landowner/affected person shall have the right to appeal the decision of the Remington Town Council to the Jasper County Circuit Court or the Jasper County Superior Court by initiating an action within thirty (30) days from the date of the Town Council's order. 

(a)    In the event the landowner/affected person does not agree with the Town Council's findings and order, then and in that event, The Remington Town Council may seek enforcement of said order by filing an action in the Jasper County Circuit Court or the Jasper Superior Court to enforce its finding and order by judicial decree. 

The judicial review provided herein, shall not be a trial De Nov except that the court may, at the court's discretion, allow additional evidence as the court deems appropriate and necessary. 

(b)   In the event the landowner/affected person does not agree with the Town Council's findings and order and in the event either party seeks intervention of the court, remedial action shall not be required until the judicial proceedings are completed or the court enters an order directing remedial action. 

(c)    In the event a landowner/affected person does not undertake remedial action as may be required by the Town Council's findings and order or a judicial determination thereon, the Town of Remington may take remedial action, as necessary, and  pursue an action, at law, against the landowner or other responsible party for the cost necessitated thereby.  Any cost and expenses incurred by the Town Council for remedial action under this ordinance shall become a lien against the subject property with or without judicial decree/judgment. 

 

Section 7- Penalty:

Where no other penalty in this ordinance for a violation thereof, Violations will be subject to a civil fine of not more than Two-Hundred Fifty Dollars ($250) for each violation.  Each day that a violation continues will be deemed a separate offense.  However, there shall be no deemed violation of this ordinance until the landowner/affected person has an opportunity to appear before the Remington Town Council and thirty (30) days after the Town Council's findings and orders determining the subject property is in violation of this ordinance. 

 

 

Section 8 - Miscellaneous Provision

In addition to the foregoing provisions the following provisions apply:

(a)    The landowner or affected person may agree with the Building Commissioner's notice of violation and the landowner/affected person may agree to the remedial action recommended by the Building Commissioner.  Any such agreement shall be in writing which will define the defects and remedial action required.  The agreement will specifically set forth the landowner/s affected persons duties and responsibilities, including time limitations, to complete remedial actions required. 

(b)   In the event the Remington Town Council, at the request of the Remington Building Commissioner or any health department or other governmental agency charged with the responsibility of protecting the public health, safety and welfare, determines an emergency exists, then and in that event, the Remington Town Council may proceed to take appropriate remedial action as may be necessary to protect the public health, safety and welfare including the demolition of any dwelling or structure.  In the event the Remington Town Council invokes this emergency provision the Remington Town Council shall provide notice as is reasonable under the circumstances to the landowner as disclosed by the records of the Jasper County Treasurer's office.  Notice by certified mail, return receipt requested, to the address of the landowner disclosed by the Jasper County Treasurer's office shall be deemed good and sufficient notice. 

(c)    To the extent any provision of this article conflicts with other applicable state or local law, the other state or local law shall apply. 

(d)  The Remington Town Council recognizes vacant buildings pose and present special problems.  A landowner has an affirmative duty to secure and protect structures located on the landowner's property. 

 

____________________________, President                             

Remington Town Council

 

I, Kay Brown, as Clerk-Treasurer of the Town of Remington hereby attest and certify  the Remington Town Council adopted this ordinance on the ___day of ______, 2009 at its scheduled monthly meeting which was properly noticed and the ordinance was adopted by a vote of the Town Council which votes are memorialized in the minutes of the said meeting as prepared and retained by the Remington Clerk-Treasurer.

           

                                                            __________________________________

                                                            Kay Brown, Clerk/Treasurer

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