Gas Station Demolition March 1st
The Town Of Walkerton will be moving forward with the demolition of the Chaddher Petroleum gas station property at 201 Roosevelt Rd. since the owner Mr. Chaddher has not offered any response of the contract with the Town Of Walkerton for finishing the building.
Town Attorney Fred Jones stated that he stills need to hear from the St. Joseph County Court for the dismissal of the complaint filed by the owner. If that happens then the Council can proceed with demolition or enter into the original contract with Mr. Chaddher.
Jones reminded the Council that demolition date is set for March 1st if the contract is not signed and items have not been adhered to by Mr. Chaddher. Economic Director Phil Buckmaster did receive a quote for the demolition of that property. The 201 Roosevelt property is in violation of Town Of Walkerton safety standards as set by the municipal code and is considered unsafe. Read:
§ 151.35 DESCRIPTION OF UNSAFE BUILDINGS.
The description of an unsafe building contained in I.C. 36-7-9-4 is hereby supplemented to provide minimum standards for building condition or maintenance in the Town by adding the following definition.
UNSAFE BUILDING. Any building or structure hereinafter described shall be deemed to be an un-safe building; 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 safe and adequate means of exit in case of fire or panic;
(2) 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;
(3) 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;
(4) 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;
(5) 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;
(6) Whenever any portion thereof has cracked, warped, buckled or settled to such an extent that the walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction;
(7) Whenever the building or structure, or any portion thereof because of:
(a) Dilapidation, deterioration or decay;
(b) Faulty construction;
(c) The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such building;
(d) The deterioration, decay or inadequacy of its foundation; or
(e) Any other cause, it is likely to partially or completely collapse.
(8) Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used;
(9) Whenever the exterior walls or other vertical structural members list, lean or buckle to such an extent that a plum line passing through the center of gravity does not fall inside the middle one-third of the base;
(10) Whenever the building or structure, exclusive of the foundation, shows 33% or more damage or deterioration of its supporting member or members or 50% of deterioration of its non-supporting members, enclosing or outside walls or coverings;
(11) 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:
(a) An attractive nuisance to children; or
(b) Freely accessible to persons for the purpose of committing unlawful acts.
(12) 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 the Town Council, or of any law or ordinance of the state or of the Town relating to the condition, location or structure of buildings;
(13) Whenever any building or structure which, whether or not erected in accordance with all applicable laws and ordinances has in 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 resistant 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;
(14) Whenever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangements, inadequate light, air or sanitation facilities, or otherwise is determined by the Department of Public Health to be unsanitary, unfit for human habitation or in such condition that it is likely to cause sickness or disease;
(15) Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the State Fire Marshal to be a fire hazard; and
(16) Whenever 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.
(2005 Code, § 125.6)