Local Government
Chesterton Town Code
Chapter 5
BUILDINGS AND BUILDING REGULATIONS

Art. I Building Commissioner, 5-1 - 5-20
Art. II In General, 5-22 - 5-35
Art. III Building Code, 5-36 - 5-80
Art. IV Building Contractors, 5-81 - 5-100
Art. V Moving Buildings, 5-101 - 5-165

Div. 1. Generally, 5-101 - 5-115
Div. 2. Permit, 5-116 - 5-165

Art. VI Unsafe Buildings, 5-166 - 5-174
Art. VII Numbering of Buildings 5-175 - 5-177

ARTICLE I. BUILDING COMMISSIONER

Sec. 5- 1. Office created; appointment; term.
There is hereby created and continued in the Town, the office of Building Commissioner. The Chief Fire Inspector of the Fire Department shall assume all duties, rights, powers and responsibilities of the Building Commissioner set forth in the Code.

Sec. 5-2. Reserved.

Sec. 5-3. Duties; right-of-entry.
It shall be the duty of the Building Commissioner or his designee to approve all building permits in accordance with the provisions of this chapter and to have charge of and enforce all ordinances now in force and/or which may hereafter be established, together with all Town, State and Federal laws and regulations, pertaining to the erection, construction, alteration, repair or removal of buildings and other structures in the Town or pertaining to the use and occupancy of real estate in the Town and to perform such other duties as may be imposed upon him by the Town Council.   He shall examine and inspect buildings in the course of erection, alteration, repair or removal throughout the Town as often as practicable and see that all ordinances, laws and regulations in relation thereto are complied with.   Whenever violation of or failure to comply with any ordinance of the Town or any State or Federal law or regulation comes to the attention of the Building Commissioner or his designee he shall take all steps necessary to enforce the applicable provisions of the pertinent ordinances, laws and regulations.   For the purpose of carrying out his duties the Building Commissioner or his designee shall have the right at all times to enter buildings and premises in the Town for the purpose of inspecting the same and ascertaining whether or not applicable ordinances, laws and regulations are being complied with.

Sec. 5-4 - 5-21. Reserved.

ARTICLE II. IN GENERAL

Sec. 5-22. Maintenance and clean up of sidewalks and streets during construction.

A. At all times during construction, the person owning the property shall maintain the sidewalks and streets in front of and adjacent to the building site so as to prevent damage thereto by construction vehicles as well as to maintain the same free from accumulations of dirt and debris. To this end, silt retention structures must be erected and maintained at all building or construction sites until the Building Commissioner has determined that adequate ground cover has been established, even if occupancy permit has been given. For purposes of this section, a "silt retention structure" is defined as a structure that must prevent sediment from washing onto roadways or adjoining properties by restricting the storm water runoff from the site.   All silt retention structures shall required approval of the Building Commissioner.

B. The Building Commissioner is authorized and empowered to refuse to make periodic inspections and approvals, as well as to instruct the Plumbing Inspector and Electrical Inspector to refrain from making inspection approvals if the sidewalks and streets, as aforesaid, have not been maintained as herein set forth. In no event shall an occupancy permit be granted until any damage to sidewalks or streets contiguous to or adjacent to the building site has been repaired and cleaned. The Building Commissioner is also explicitly authorized and empowered to issue a stop work order in accordance with Sec. 5-49 for any violation of Sec. 5-22.A.

Sec. 5-23. Establishment of final grade prerequisite to issuance of occupancy permit.
The Building Commissioner shall not issue an occupancy permit for any structure the subject of a building permit until the final grade for such structure and building site has been completed and established in accordance with applicable ordinances of the Town.

Sec. 5-24. Cleanup of site and removal of waste prerequisite to issuance of occupancy permit.
The Building Commissioner shall not issue an occupancy permit for any structure the subject of a building permit until the building site on which such structure is located has been cleaned and waste and discarded construction material have been removed therefrom.

Sec. 5-25. Permit no defense.
In any action or prosecution brought in any court to enforce any of the provisions of this chapter or to convict any person for violation of any part of this chapter, the fact that a permit may have been issued shall not constitute a defense nor shall any error, oversight or dereliction of duty on the part of the Building Commissioner constitute a defense, but each and all of the terms and provisions of this chapter shall at all times be strictly enforced and complied with.

Secs. 5-26 - 5-35. Reserved.

ARTICLE III. BUILDING CODE

Sec. 5-36. Title.
This article, and all ordinances supplemental or amendatory hereto, shall be known as the "Building Code of the Town of Chesterton, Indiana," may be cited as such, and will be referred to herein as "this Code."

Sec. 5-37. Purpose.
The purpose of this Code is to provide minimum standards for the protection of life, health, environment, public safety and general welfare, and for the conservation of energy in the design and construction of buildings and structures.

Sec. 5-38. Authority.
The Building Commissioner is hereby authorized and directed to administer and enforce all of the provisions of this Code.   Whenever in this Code it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner or any other Officer of the Town, this shall be construed to give such Officer only the discretion of determining whether this Code has been complied with; and no such provision shall be construed as giving any Officer discretionary powers as to what this Code shall be, or power to require conditions not prescribed by ordinances or to enforce this Code in an arbitrary or discriminatory manner.   Any variations from adopted building rules are subject to approval under IC 22-13-2-7(b).

Sec. 5-39. Scope.
The provisions of this Code apply to the construction, alterations, repair, use, occupancy, maintenance and additions to all buildings and structures, other than industrialized building systems or mobile structures certified under IC 22-15-4, in the Town.

Sec. 5-40. Adoption of rules by reference.
The following building rules, codes and standards are hereby adopted by reference.

A. Building rules of the Indiana Fire Prevention and Building Safety Commission as set out in the following articles of Title 675 of the Indiana Administrative Code are hereby incorporated by reference in this Code and shall include later amendments to those articles as the same are published in the Indiana Register or the Indiana Administrative Code with effective dates as fixed therein:

                  1. Article 13 - Building Codes

                  a. Fire and Building Safety Standards   (675 IAC 13-1)

                   b. Indiana Building Code, 1998 Edition 

                       (1997 UBC, Vol. 1, 2 & 3 CABO/ANSI A117.1 - 1972)(675 IAC13-2.3)

                   c Indiana Handicapped Accessibility Code (675 IAC 13-2.3-13)

2. Article 14 - One and Two Family Dwelling Codes

a. Indiana Residential Code 2001 Edition (675 IAC 14-4.2) (IRC 2000 Edition)

b. Standard for Permanent Installation of Manufactured Homes (675 IAC 14.2 - 200 Appendix E)

3. Article 15 - Industrialized Building Systems and Mobile Structure Systems

a. Special Administrative Rules for Industrialized Building Systems and Mobile Structure Systems (675 IAC 15-1)

b. Indiana Mobile Structures Code (675 IAC 15-2)

4. Article 16 - Plumbing Codes
a. Indiana Plumbing Code 1999 Edition (UPC 1997 Edition) (675 IAC 16-1.3

5. Article 17 - Electrical Codes
a. Indiana Electrical Code (NFPA 70-1999)   (675 IAC 17-1.5)

6. Article 18 - Mechanical Codes

a. Indiana Mechanical Code 1997 Edition (IMC, 1996 Edition) (675 IAC 18-1) (675 IAC 18-1.3)

7. Article 19 - Energy Conservation Codes

a. Indiana Energy Conservation Code (CABO 1992 Edition)   (675 IAC 19-3)

8. Article 20 - Swimming Pool Codes

a. General Provisions and Definitions (675 IAC 20-1.1)

b. Public Swimming Pools (675 IAC 20-2)

c. Public Spas (675 IAC 20-3)

d. Residential Swimming Pools (675 IAC 20-4)

          9. Article 22 - Flammable and Combustible Liquids and Gases
         
a. Flammable and Combustible Liquids and Gases Code (675 IAC 22-1)
          b. Indiana Fire Code 1998 Edition (675 IAC 22-2.2) (UFC 1997 Edition)

B. Copies of adopted building rules, codes and standards are on file in the office of the Building Commissioner.

Sec. 5-41. Application for permits.

A. Applications for building permits shall be filed with the Building Commissioner of the Town.   The application shall include:

1. Legal description of property included in the application;

2. Site plan showing the structure, or improvement, and meeting with the requirements listed herein;

3. Sanitary sewer permits as required by the Utility; and

4. Dedication of right-of-way when and where it is required.   Such dedications shall be acceptable to the Town Council or Utility Service Board, whichever is applicable.

5. No building permit shall be issued for the foregoing purpose, unless the application for the permit is accompanied by a plat or sketch of the proposed location showing lot boundaries with plans and specifications showing the work to be done. In addition, the attached AFFIDAVIT ON PLAN AUTHENTICATION shall be provided.

6. The Building Commissioner or his designated representative may revoke a building permit or approval issued under the provisions of this chapter in the event there has been any false statement or misrepresentation as to a material fact in the application or plans on which the permit or approval was based, including but not limited to, those set forth in sub-section (5) above.

7. A copy of construction plans showing elevations, floor plans and all plumbing and electrical with dimensions for all.

8. All street name and regulatory signs must be installed per Town Standards prior to any building permits being issued for development.

B. The site plan submitted as part of the application for review shall include and conform to the following:

1. Be submitted in triplicate for all uses other than single- or two-family dwelling;

2. Be drawn in scale sufficient to show the required details with clarity. The preferred scale shall be one (1) inch equals twenty (20) feet;

3. Show all property lines and right-of-way dimensions;

4. Show the location of all existing and all proposed improvements on the property, the front, side, and rear yard setback dimensions, and distances-between structures;

5. Show existing and proposed easements, their purposes, and their widths;

6. Show what provisions will be made to handle stormwater runoff. Single- or two-family homes may show direction of flow by arrows on site plan.   Business, industrial, or multi-family dwellings not included above will show existing and proposed surface elevations, finished floor elevations, and the engineering calculations for surface water runoff;

7. The site plan will show proposed connections to sanitary sewers, storm sewers, and water, and location, size and depth of same; business and industrial structures shall also show the type and location of the sediment-grease traps, the type and location of backflow devices for water and the location of fire protection devices such as hydrants;

8. Business and industrial sites shall designate all uses to be conducted within said sites and the items to be stored within the boundaries of same;

9. Show means and access to and from Town rights-of-way;

10. In multi-family, business or industrial sites the number and location of parking spaces shall be shown, including all disability parking spaces;

11. Site plans adjacent to or located in a flood plain area shall be prepared by a professional engineer, licensed in the State of Indiana. Forms are available from the Town Engineer for this;

12. Business and industrial site plans shall show the proposed landscaping, fencing and/or walls, and location of all utilities; and

13. Show the name, address and telephone number of the person responsible for the preparation of the site plan.

AFFIDAVIT ON PLAN AUTHENTICATION

_________________________, being first duly sworn upon his/her oath says:

As the person eligible and responsible for obtaining a permit or permits as required in Section 5-41(A)(5) of the Chesterton Town Code, and based upon information contained within these plans, I certify that these plans are identical to those released for construction by the Indiana Department of Fire and Building Services.   I also understand that if it is determined that these plans are not identical, all permits obtained as a result of their submittal may be revoked as stated in Section 5-41(A)(6) of the Chesterton Town Code, and that I will be subject to penalties for perjury.

Affiant's Signature

Printed Name                                      

Subscribed and sworn to before me, a Notary Public, this______day of______, 20_____  

Notary Public

My Commission Expires:

Resident of_________________ County

Sec. 5-42. Permit - Required.
A permit shall be obtained before beginning excavation, construction, alteration or repair of any building or structure, the cost of which exceeds one thousand dollars ($1,000.00) and not involving any change of use or additional lot coverage.   A permit is required for all plumbing and electrical construction, alteration or repair to any structure or building regardless of cost.   All permits shall be issued by the Building Commissioner using forms furnished by the Building Commissioner and all fees provided for herein shall be paid to the Clerk-Treasurer.

Sec. 5-43. Same - Compliance with other ordinances; minimum standards for municipal improvements.

A. All work done under any permit shall be in full compliance with all other ordinances pertaining thereto, and in addition to the fees for permits, there shall be paid the fees prescribed in such ordinances.

B. A Town's minimum standards for municipal improvements, two (2) copies of which are on file in the office of the Clerk-Treasurer for public inspection, shall be used for the design, layout and construction of streets, curbs, sidewalks, storm sewers, water facilities, sewer lines and other public facilities as described therein.   In addition, these standards shall apply to all construction in the Town, not simply those for subdivisions and planned unit developments.

C. All requests for waivers of Town's minimum standards for municipal improvements shall be made on a Petition for Waiver of Minimum Standards, which petition form shall be made available by the Clerk-Treasurer.  The completed petition shall be accompanied by a non-refundable filing fee of $50.00 to cover the administrative expenses associated with processing and reviewing the petition.  Upon receipt of a completed petition and payment of the filing fee, the request for waiver shall be forwarded to the Town Council.  The Town Council shall make a preliminary determination whether to consider the waiver.  If the Town Council determines to consider the waiver, it shall forward the request to the Department Heads for recommendation and shall place the matter on the agenda for the next Town Council meeting.  In considering a request for waiver, the Town Council may impose reasonable conditions on the property for which the waiver is sought.  The decision to grant or deny or to conditionally grant a request for waiver of Town Standards is a matter within the sole discretion of the Town Council.

Sec. 5-44. Same - Fees - Duration of permits.

 

A. Building permits required by section 5-42 shall be issued upon prior payment of application and inspection fees according to the following schedule:

Building or Permit Type
Permit Fee
Minimum Permit Fee
Single Family New Construction
$.22 sq. ft
$400.00
Multi-Family New Construction
$.29 sq. ft.
$750.00
Residential Addition
$.22 sq. ft.
$100.00
Residential Remodel
$.15 sq. ft.
$50.00
Residential Repair/Replace
$.02 per dollar of job cost
(not to exceed $750.00)
$50.00
Commercial New Construction
$.27 sq. ft.
$500.00
Commercial Addition
$.27 sq. ft.
$200.00
Commercial Remodel
$.20 sq. ft.
$100.00
Commercial Repair/Replace
$.03 per dollar of job cost
(not to exceed $1,000.00)
$100.00
Industrial New Construction $.28 sq. ft. $500.00
Industrial Addition $.28 sq. ft. $200.00
Industrial Repair/Replace $.03 per dollar of job cost
(not to exceed $1,000.00)
$150.00
Accessory Structures Residential $.16 sq. ft. $50.00
Accessory Structures Commercial $.20 sq. ft. $50.00
Mechanical Equipment Furnace, A/C, Boiler, Air Handler, Hood Exhaust $30.00 per unit  
Pools $50.00  
Fences $50.00  
Decks/porches $30.00  
Signs $.65 sq. ft. $35.00
Temporary Structures $50.00  
Driveway Residential $30.00  
Parking Lot $50.00  
     Commercial/Industrial    
Parking Lot Seal Coating $25.00  
Cell Tower/Antenna Tower $350.00  
Demolition $100.00  

When calculating square footage, the total square footage shall include the living area, basement, and crawl space.
A non-refundable deposit shall be paid upon submission of a building permit application for all new construction in the following amounts:

New Residential $200.00  
New Multi-Family $300.00  
New Commercial $300.00  
New Industrial $300.00  

This non-refundable deposit shall be deducted from the total building permit cost as a credit at the time the building permit is issued.

Any builder, owner, or contractor requesting more than the thirteen (13) standard inspections, the same being stake, pre-pour foundation, backfill, underground electrical, electrical service, underground plumbing, rough plumbing, rough framing, rough mechanical, insulation, and occupancy, shall pay a fee of forty dollars ($40.00) for each of the additional inspections required.

A reinspection fee of fifty dollars ($50.00) per reinspection must be paid before reinspection of any rejected residential construction and eighty-five dollars ($85.00) for rejected commercial or industrial construction.

For any structure that has been declared a total loss, whether by fire, tornado, flood, or otherwise, a permit will be issued, and permit fees calculated, as if new construction.

For Residential Remodel, Residential and Commercial Accessory Structures, there will be a twenty-five dollar ($25.00) inspection fee for each inspection.

B.  An occupancy permit fee of forty dollars ($40.00) shall be assessed.

C.  Temporary occupancy permits may be issued provided a fee of twenty-five dollars ($25.00) has been paid prior to issuance.

D.  There will be in addition to the fees set forth above, a thirty-five dollar ($35.00) plumbing permit application fee, inspection fee of six dollars ($6.00) per fixture in the structure with a minimum charge of fifty dollars ($50.00) for all plumbing in structure.

E.  Before any electrical permit is issued for installation or alteration of the electrical wiring, devices, appliances, or equipment the persons making application for such permit shall pay to the Clerk-Treasurer the following fee:

1.  One and Two Family Residential
Service Type Application Fee Inspection Fee
Temporary Electric $30.00 $50.00
100 amp $30.00 $50.00
200 amp $30.00 $50.00
400 amp $50.00 $85.00
All other service $30.00 $50.00

Rejected one or two family residential electrical work shall be reinspected at a cost of fifty dollars ($50.00) per inspection.
Miscellaneous residential electrical work (room additions and remodeling) shall be inspected at a cost of fifty dollars ($50.00) per inspection.
Miscellaneous commercial electrical work shall be inspected at a cost of eighty-five dollars ($85.00) per inspection.

2.  Multi-family/Business/Industrial
Service Type Application Fee Inspection Fee
Temporary Electric $50.00 $30.00
100 amp $30.00 $95.00
200 amp $30.00 $95.00
400 amp $50.00 $175.00
3 Phase $75.00 $250.00
All other service $50.00 $210.00

Rejected multi-family/business/industrial electrical work shall be reinspected at a cost of eighty-five ($85.00) per hour with a minimum charge of eighty-five ($85.00).

Any builder, owner, contractor requesting more than the four (4) standard inspections, underground, service, rough, and final, shall pay a fee of eighty-five ($85.00) per hour for each inspection with a minimum charge of eighty-five ($85.00) for each additional inspection requested.

3.  Upgrades of existing service
Service Type Application Fee Inspection Fee
60-100 amp $20.00 $40.00
60-200 amp $20.00 $40.00
100-200 amp $20.00 $40.00
200-400 amp $30.00 $50.00
400-3 phase $50.00 $125.00

E.  Every permit issued by the Town pursuant to this chapter shall expire and become null and void if the work authorized by such permit is not commenced within sixty (60) days from the date of such permit or has not been completed within one hundred eighty (180) days from the date of such permit except that new residential, business and industrial structures shall have eighteen (18) months to be completed from the date of such permit before the permit expires.   Before any uncompleted work can be recommenced after the expiration of a permit, a new permit shall be first obtained and a new fee shall be paid in accordance with this chapter.

Sec. 5-45. Same - Review of application.
Prior to the issuance of any building permit, the Building Commissioner shall:

A.  Review all building permit application to determine full compliance with the provisions of this Code.

B.  Review all building permit applications for new construction or substantial improvements to determine whether proposed building sites will be reasonably safe from flooding.

C.  Review building permit applications for major repairs within the floodplain area having special flood hazards to determine that the proposed repair;

      1.  Uses construction materials and utility equipment that are resistant to flood damage, and

      2.  Uses construction methods and practices that will minimize flood damage.

D.  Review building permit applications for new construction or substantial improvements within the floodplain area having special flood hazards to assure that the proposed construction (including prefabricated and mobile homes);

      1.  Is protected against flood damage,

      2.  Is designed (or modified) and anchored to prevent flotation, collapse, or lateral movement of the structure, flood damage, and

      3.  Uses construction methods and practices that will minimize flood damage.

Sec. 5-46. Inspections - By Building Commissioner.
After the issuance of any building permit, the Building Commissioner shall make, or shall cause to be made, inspections of the work being done as are necessary to ensure full compliance with the provisions of this Code and the terms of the permit.   Reinspections of work found to be incomplete or not ready for inspection are subject to assessment of reinspection fees as prescribed in this Code.

Sec. 5-47. Same - By Fire Chief.
The Chief of the Fire Department, or his designated representative, shall assist the Building Commissioner in the inspection of fire suppression, detection and alarm systems and shall provide reports of such inspection to the Building Commissioner.

Sec. 5-48. Town's right of entry.
Upon presentation of proper credentials, the Building Commissioner or his duly authorized representatives may enter at reasonable times any building, structure or premises in the Town to perform any duty imposed upon him by this Code.

Sec. 5-49. Stop work order.
Whenever any work is being done contrary to the provisions of this Code, the Building Commissioner may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the Building Commissioner to proceed with the work.

Sec. 5-50. Certificate of occupancy.
No certificate of occupancy for any building or structure erected, altered or repaired after the adoption of this Code shall be issued unless such building or structure was erected, alter or repaired in compliance with the provisions of this Code.   It shall be unlawful to occupy any such building or structure unless a full, partial or temporary certificate of occupancy has been issued by the Building Commissioner.

Sec. 5-51. Work standards.
All work on the construction, alteration and repair of buildings and other structures shall be performed in a good and workmanlike manner according to accepted standards and practices in the trade.

Sec. 5-52. Violations.
It shall be unlawful for any person, firm or corporation, whether as owner, lessee, sublessee, or occupant, to erect, construct, enlarge, alter, repair, improve, convert, demolish, equip, use, occupy or maintain any building or structure, in the Town, or cause or permit the same to be done, contrary to or in violation of the provisions of this Code.

Sec. 5- 53. Remedies.
The Building Commissioner may in the name of the Town bring actions in the Superior or Circuit Courts of Porter County, Indiana, for mandatory and injunctive relief in the enforcement of and to secure compliance with any order or orders made by the Building Commissioner, and any such action for mandatory or injunctive relief may be joined with an action to recover the penalties provided for in this Code.

Sec. 5- 54. Effective date.
This Code shall be in full force and effect from and after its adoption, approval by the State Fire Prevention and Building Safety Commission, and publication as required by law.

Secs. 5-55 - 5- 80. Reserved.

ARTICLE IV. BUILDING CONTRACTORS

Sec. 5-81.  Registration required.
Every building contractor who desires to engage in business as a building contractor in the Town shall apply in the office of the Clerk-Treasurer for a "contractor registration" and shall pay a registration fee of one hundred dollars ($100.00), payable to the Town for a new registration.  The registration shall be effective for a period of one (1) year from the date of issuance and all renewals of the registration, if done within thirty (30) days of the expiration date of the registration, shall be at the rate of fifty dollars ($50.00) per renewal.  If a renewal of registration if not completed within thirty (30) days after expiration, the registration fee will be one hundred dollars ($100.00) for a new registration.  All registrations in existence at the time of passage of this section shall be required to pay the fifty-dollar ($50.00) registration renewal fee at the expiration of their present registration, provided that the registration is renewed within thirty (30) days from its expiration date.  Is shall be unlawful for any building contractor to engage in business as a building contractor in the Town without having procured the aforementioned registration.  This section applies to, and registrations are only required for, any job that requires a building permit as the same may be required under the Code.

Sec. 5-82.  Building Contractor.
The term "building contractor" shall mean and include any person who, for a fixed sum price, fee percentage, or any compensation, shall build, construct, alter, repair, add it, subtract from, or erect any building or structure within the Town.  The terms shall include, but not be limited to, all ancillary contractors, including carpentry, concrete, cement finishing, masonry, demolition, electrical, plumbing, escalator, excavating, fencing, garage, heating and air conditioning, insulators, painter, pavers, plastering and dry wall, roof and siding, sewers, well installers, steel, sheet metal, but shall not include any private person doing the above work on his own private home or accessory structure for same.

Sec. 5-83.  Industrial.
Any person registering as a manufacturer of processor of portable goods or products or registering as the power, light or telephone utility serving the Town and desiring to do electrical work in their own establishments shall be issued an "industrial permit" as prescribed in form by the Council upon payment of permit fees as set forth in section 5-44 of this article.

Sec. 5-84. Bond Required.
All building contractors in the Town shall file with the Clerk-Treasurer a recorded unified licensed bond in the sum of five thousand dollars ($5,000) to ensure the compliance with the Code in performing his duties as a licensed contractor.  All building contractors shall furnish to the Clerk-Treasurer certificates of insurance showing compliance with Indiana workers' compensation and occupational disease laws, certificates of insurance illustrating minimum combined single limits of five hundred thousand dollars ($500,000.00) per occurrence for bodily injury and property damage. The unified license bond required an such insurance policies shall be maintained so long as the licensee continues to do business in the Town. Any violation of this section shall cause the Building Commissioner to issue a stop work order at each place the building contractor is engaging in business in the Town until this section is complied with.

Sec. 5-85. Reserved.

Sec. 5-86. Issuance; posting same; revocation of permits; appeals.
Every permit shall be in writing signed by the Clerk-Treasurer or her designee but the Clerk-Treasurer shall not sign or issue any permit without the written approval of the Building Commissioner. Every permit after issuance shall be posted in plain view at all times at the location of the construction or other work.  The issuance of a permit in any case shall not be construed under any circumstances as a waiver of any of the requirements of any ordinances of the Town.  All ordinances, laws and regulations applicable thereto shall at all times be strictly kept and complied with.  If at any time the Building Commissioner or his designee shall discover that the applicant to whom such permit was issued has in any way violated his rights thereunder or any law or regulation the Building Commissioner, or his designee shall forthwith revoke such permit and after any such revocation it shall be unlawful for any person, firm or corporation to proceed directly or indirectly with any building work in the Town.  Any interested party may appeal any revocation order made by the Building Commissioner to the Town Council at its next regular meeting.

Sec. 5-87. Reserved.

Sec. 5-88. Duties of holder.
It shall be the duty of a permit holder under this division to notify the Building Commissioner as to the progress of all electrical work.  The permit holder shall not conceal any of the electrical work until an inspection is made.  The contractor will make arrangements for electrical inspections twenty-four (24) hours in advance.

Sec. 5-89. No defense to violations.
In any action or prosecution brought in any court to enforce any of the provisions of this article or to convict any person for violation of any part of this article, the fact that a permit may have been issued shall not constitute a defense nor shall any error, oversight or dereliction of duty on the part of the Electrical Inspector constitute a defense, but each and all of the terms and provisions of this article shall at all times be strictly enforced and complied with.

Sec. 5-90. Enforcement.
The enforcement of Chapter 5, Article IV, shall be the responsibility of the Building Commissioner or his designee.

Secs. 5-91 – 5-100. Reserved.

ARTICLE V. MOVING  BUILDINGS

DIVISION 1. GENERALLY

Sec. 5-101. Sidewalks and curbs to be protected.
 
It shall be unlawful for any person to move any building across or on a sidewalk or curb without securely planking or bridging the same in such manner that the sidewalk or curb shall not be injured.  Such planking or bridging shall be done at the sole cost of the person doing such moving.

Sec. 5-102. Move to be made without reasonable delay; not be parked on street at night, exception.
A.  Any person moving any building or similar structure on any street, alley or public place in the Town shall proceed without unreasonable or unnecessary delay.  No building shall be left standing on any street, alley, sidewalk, curb or public grounds within the Town overnight.  If it becomes necessary for the person making such move to leave the building standing overnight, the mover shall make arrangements at his expense to park such building in a place other than on a street, alley, sidewalk or public ground unless the Town Council specifies otherwise in such permit.

B.  Any building or similar structure left standing on any street, alley or public ground without permission as provided in paragraph (a) of this section may be towed away at the owner’s expense.

Secs. 5-103 – 5-115. Reserved.

DIVISION 2. PERMIT

Sec. 5-116. Required; bond.
 
It shall be unlawful for any person to move any building or similar structure on, along or upon any street, alley or public ground of the Town without first obtaining a written permit from the Town Council and providing an indemnifying bond as hereinafter provided.

Sec. 5-117. Application; fee.
 
Any person desiring to move any building or similar structure on any street, alley or public ground of the Town shall file a written application for a permit with the Council at least fifteen (15) days in advance of such moving.  Such application shall identify the building (or structure) to be moved, designate the starting point and destination of such move and the proposed route, and provide the date and time such moved is desired.  The application shall be accompanied by a filing fee of one hundred forty dollars ($140.00).

Sec. 5-118. Prerequisite conditions to issuance.
A.  Before any application for a permit required by this division shall be granted, the applicant shall:

1..      File an indemnity bond in favor of the Town in such amount as the Council shall direct.

2.      Provide for adequate traffic direction and control at the cost of the applicant.

3.      File a copy of the applicant’s liability insurance policy with the Council illustrating a minimum combine single limit for bodily injury and property damage of five hundred thousand dollars ($500,000.00) per occurrence, with the Town named therein as an additional insured.  Such indemnity bond shall be returned intact within sixty (60) days of the date of such moving unless the Town shall notify the applicant in writing that it has incurred damage as a result of such move, in which case such bond shall be retained by the Town until such damage is rectified.

B.   In granting such permit, the Council shall specify the route, date, and time of such move.  The Council may make such changes in the route, date, and time of such move as specified in the application as the Council deems necessary.

Secs. 5-119 – 5-165. Reserved.

ARTICLE VI. UNSAFE BUILDINGS

Sec. 5-166. Short title.
This article shall be known and may be cited as the “Chesterton Unsafe Building Law.”

Sec. 5-167. Definitions.
A.  The definitions of “substantial property interest” set forth in IC 36-7-9-2 is hereby incorporated by reference herein as if copied in full.

B.  The description of an “unsafe building” and unsafe premises” contained in Indiana Code 36-7-9-4 is incorporated by reference herein as if copied in full and reads as follows:

1.      For purposes of this chapter, a building or structure, or any part of a building or structure, that is:

         a.       In an impaired structural condition that makes it unsafe to a person or property;
         b.      A fire hazard;
         c.       A hazard to the public health;
        d.      A public nuisance;
        e.       Dangerous to a person or property because of a violation of a statute or ordinance concerning building condition or maintenance; or
        f.        Vacant and not maintained in a manner that would allow human habitation, occupancy, or use under the requirements of a statute or an ordinance;

is an unsafe building

2.      For purposes of this chapter
        a.       An unsafe building; and
        b.      The tract of real property on which the unsafe building is located; are considered unsafe premises.

 Sec. 5-168. State law adopted by reference.
 
Indiana Code 36-7-9-1 through 36-7-9-28 is hereby adopted by reference as the Town Unsafe Building Law.  All proceedings within the Town for the inspection, repair, and removal of unsafe building shall be governed by such law and the provisions of this article.  If the provisions of this article conflict with the provisions of Indiana Code 36-7-9-1 through 36-7-9-28, the provisions of the state statute shall control.  Two (2) copies of IC 36-7-9-1 through 36-7-9-28 are on file for public review in the office of the Clerk-Treasurer.

Sec. 5-169. Declared public nuisances; abatement required.
 
All buildings or portions thereof within the Town that are determined after inspection by the Building Commissioner to be unsafe as defined in this article are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal.

Sec. 5-170. Enforcement.
 
The Building Commissioner, as chief administrative officer of the Building Department, is the enforcement authority and shall be authorized to administer and to proceed under the provisions of the unsafe building law in ordering the repair or removal of any buildings found to be unsafe as specified therein or as specified hereafter.  The Town Council shall be the hearing authority under the provisions of the unsafe building law for all proceedings that may be held under IC 36-7-9.

Sec. 5-171. Officer’s authority of enforcement.
Whenever in the building regulations of the State or the Town unsafe building law, it is provided that anything must be done to the approval of or subject to the direction of the Building Commissioner, or any other Officer of the Town, this shall be construed to give such officer only the discretion of determining whether the rules and standards established by ordinance have been complied with; and no such provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, power to require conditions not prescribed by ordinance, or to enforce ordinance provisions in an arbitrary or discretionary manner.

Sec. 5-172. Work standards.
All work for the reconstruction, alteration, repair, or demolition of buildings and other structures shall be performed in a good, workmanlike manner according to the accepted standards and practices in the trade.  The provisions of the rules pertaining to construction, plumbing, electrical, mechanical and one and two-family dwellings, promulgated by the State Administrative Building Council, shall be considered standard and acceptable practice for all matters covered by this article or orders issued pursuant to this article by the Building Commissioner.

Sec. 5-173. Fund established.
An unsafe building fund is hereby established in the operating budget of the Town in accordance with the provisions of IC 36-7-9-14.

Sec. 5-174. Violations; penalties.
No person, whether as owner, lessee, sublessee or occupant, shall erect, construct, enlarge, alter, repair, move, improve, remove, demolish, equip, use, occupy, or maintain any building or premises, or cause or permit the same to be done, contrary to or in violation of any of the provisions of the article or IC 36-7-9-28.  Any violation of this article shall be subject to the general penalty provision found in Section 1-9 of the Code.


ARTICLE VII. NUMBERING OF BUILDINGS

Sec. 5-175. Multi-Family Dwelling Structures
A.   It shall be the duty of the owner(s) or manager(s) of every multi-family dwelling structure in the Town to identify by letters or numbers, the number of such multi-family dwelling.  The letters or numbers shall not be less than three (3) inches high and not more than five (5) inches high, and placed on contrasting material so as to be visible from the street.  The numbers shall not be spelled out or placed in Roman numbers.
B.  In the event that more than one (1) such multi-family dwelling structure is located on a single zoning lot or within a development bearing a common name, each separate multi-family dwelling structure shall have a separate and distinct number or letter.  The letters or numbers shall not be less than three (3) inches high and not more than five (5) inches high, and place on contrasting material so as to be visible from the street.  The numbers shall not be spelled out or placed in Roman numerals.

Sec. 5-176. One and Two Family Dwellings
A.  It shall be the duty of the owner(s) or occupant(s) of each one and two family dwelling hereafter erected in the Town to have placed on such structure, at the time of occupancy thereof, letters or numbers not less than three (3) inches high and not more than five (5) inches high, and placed on contrasting material so as to be visible for the street.  The numbers shall not be spelled out or placed in Roman numerals.
B.  It shall be the duty of the owner(s) or occupant(s) of each one and two family dwelling existing as of August 11, 1975, in the Town to have placed on such structure letters or numbers not less than three (3) inches high and not more than five (5) inches high, and placed on contrasting material so as to be visible from the street.  The numbers shall not be spelled out or placed in Roman numerals.

Sec. 5-177. Public accommodations.
It shall be the duty of the owner(s) or occupant(s) of each structure of public accommodation in the Town to have placed on such structure, letters or numbers not less than three (3) inches high and not more than five (5) inches high, and placed on contrasting material so as to be visible from the street. The numbers shall not be spelled out or placed