[HISTORY: Adopted by the Common Council of the City of Glens
Falls 3-24-1976 (Ch. 64 of the 1967 Code). Sections 162-4, 162-7, 162-11A(8) and
F(8), 162-12C and 162-13 amended and § 162-8 and 162-11H
added at time of adoption of Code; see Ch. 1, General Provisions,
Art. I. Other amendments noted where applicable.]
GENERAL REFERENCES
Electrical standards — See Ch. 96.
Fences — See Ch. 104.
Fire prevention and building construction — See Ch. 109.
Flood damage preventions — See Ch. 113.
Garbage, rubbish and refuse — See Ch. 121.
Gasoline service stations — See Ch. 123.
Housing standards — See Ch. 128.
Plumbing — See Ch. 158.
Sewers and water — See Ch. 177.
Swimming pools — See Ch. 194.
This chapter shall be known as the "Nonresidential Property
Maintenance Code of the City of Glens Falls" and may be referred to
in this chapter in the short form as "this code."
It is hereby found and declared that there exist in the City
of Glens Falls structures used for nonresidential use which are or
may become in the future substandard with respect to structure, equipment
or maintenance or, further, that such conditions, including but not
limited to structural deterioration, lack of maintenance, appearance
of exterior of premises, infestation, lack of essential heating and
plumbing, lack of maintenance or upkeep of essential utilities and
facilities, existence of fire hazards, inadequate provisions for light
and air, and unsanitary conditions constitute a menace to the health,
safety, morals, welfare and reasonable comfort of the citizens and
inhabitants of the City of Glens Falls. It is further found and declared
that, by reason of lack of maintenance and because of progressive
deterioration, certain properties have the further effect of creating
blighting conditions and initiating slums, and that if the same are
not curtailed and removed, the aforesaid conditions will grow and
spread and will necessitate, in time, the expenditure of large amounts
of public funds to correct and eliminate the same, and that, by reason
of timely regulations and restrictions as herein contained, the growth
of slums and blight may be prevented and the neighborhood and property
values thereby maintained, the desirability and amenities of residential
and nonresidential uses and neighborhoods enhanced and the public
health, safety and welfare protected and fostered.
The purpose of this code is to protect the public health, safety,
morals and welfare by establishing minimum standards governing the
maintenance, appearance, condition and occupancy of nonresidential
premises; to establish minimum standards governing utilities, facilities
and other physical components and conditions essential to making the
aforesaid facilities fit for occupancy and use; to fix certain responsibilities
and duties upon owners and operators, and distinct and separate responsibilities
and duties upon occupants; to fix penalties for the violation of this
code; to provide for the right of access across adjoining premises
to permit repairs; and to provide for the repair, demolition or vacation
of premises unfit for use. This code is hereby declared to be remedial
and essential for the public interest, and it is intended that this
code be liberally construed to effectuate the purposes as stated herein.
A.
ACCESSORY STRUCTURE
BASEMENT
BUILDING
BUILDING CODE
CELLAR
CENTRAL HEATING SYSTEM
CODE ENFORCEMENT OFFICER
DETERIORATION
EXPOSED TO PUBLIC VIEW
EXTERIOR OF THE PREMISES
EXTERMINATION
FIRE HAZARD
FIRE MARSHALL
FLOOR AREA, SUPERFICIAL
GARBAGE
INFESTATION
MIXED OCCUPANCY
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
OPERATOR
OWNER
PLUMBING
PREMISES
REFUSE
REGISTERED MAIL
ROOM
RUBBISH
SANITARY SEWER
SEWAGE
STORY
STRUCTURE
SUPERFICIAL FLOOR AREA
VENTILATION
VENTILATION, MECHANICAL
VENTILATION, NATURAL
WASHROOM
WATER-CLOSET COMPARTMENT
WEATHERING
The following terms, wherever used herein or referred to in this
code, shall have the respective meanings assigned to them, unless
a different meaning clearly appears from the context:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or located on the same
premises.
The portion of the building which is partly underground and
which has more than 1/2 of its height, measured from clear floor to
ceiling, above the average adjoining ground level. Where the natural
contour of the ground level immediately adjacent to the building is
interrupted by ditching, pits or trenching, then the average adjoining
ground level shall be the nearest natural contour line parallel to
the walls of the building, without regard to the level created by
the ditching, pits or trenching.
A combination of materials to form a construction adapted
to permanent or continuous occupancy or use for public, institutional,
residence, business or storage purposes.
The State Uniform Fire Prevention and Building Code.[1]
The lowermost portion of the building partly or totally underground,
having half or more of its height measured from clear floor to ceiling
below the average adjoining ground level. Where the natural contour
of the ground level immediately adjacent to the building is interrupted
by ditching, pits or trenching, then the average adjoining ground
level shall be the nearest natural contour line parallel to the walls
of the building, without regard to the levels created by the ditching,
pits or trenching.
A heating system in a fire-resistant enclosed space or spaces,
separate and apart from the area to be heated, which system is permanently
affixed and installed in accordance with the State Uniform Fire Prevention
Building Code.[2]
The Code Enforcement Officer entrusted with the enforcement
of this code.
The condition or appearance of a building or part thereof,
characterized by holes, breaks, rot, crumbling, cracking, peeling,
rusting or other evidence of physical decay or neglect, lack of maintenance
or excessive use.
Any premises or any part thereof or any building or any part
thereof which may be lawfully viewed by the public or any member thereof
from a sidewalk, street, alleyway, licensed open-air parking lot or
any adjoining or neighboring premises.
Those portions of a building which are exposed to public
view and the open space of any premises outside of any building erected
thereon.
The control and elimination of insects, rodents and vermin
by eliminating their harborage places; by removing, or making inaccessible,
material that may serve as their food; or by poisoning, spraying,
fumigating, trapping or other approved means of pest elimination.
Anything or any act which increases or may cause an increase
of the hazard or menace of fire to a greater degree than that customarily
recognized as normal by persons in the public service of preventing,
suppressing or extinguishing fire or which may obstruct, delay or
hinder or may become the cause of an obstruction, a delay, a hazard
or a hindrance to the prevention, suppression or extinguishment of
fire. (See also "nuisance.")
The Fire Chief of the City of Glens Falls or his designee.
The net floor area within the enclosing walls of the room,
excluding built-in equipment such as wardrobes, cabinets, closets,
kitchen units or fixtures which are not readily removable and excluding
the floor area where the floor-to-ceiling height is less than seven
feet.
Putrescible animal and vegetable waste resulting from the
handling, preparation, cooking and consumption of food. (See also
"refuse" and "rubbish.")
The presence of insects, rodents, vermin or other pests on
the premises which constitute a health hazard.
Any building containing one or more dwelling units or rooming
units and also having a portion thereof devoted to nondwelling uses.
Any public nuisance known at common law or in equity jurisprudence
or as provided by the statutes of the State of New York or the ordinances
of the City of Glens Falls.
Any nuisance which may prove detrimental to the health or safety
of children, whether in a building, on the premises of a building
or upon an unoccupied lot. This includes but is not limited to abandoned
wells, shafts, basements, excavations, abandoned iceboxes, refrigerators,
motor vehicles, any structurally unsound fences or structures, lumber,
trash, fences, debris or vegetation such as poison ivy, oak or sumac,
which may prove a hazard for inquisitive minors.
Physical conditions dangerous to human life or detrimental to
health of persons on or near the premises where the conditions exist.
Overcrowding of a room with occupants, in violation of this
code.
Insufficient ventilation or illumination, in violation of this
code.
Inadequate or unsanitary sewerage or plumbing facilities, in
violation of this code.
Unsanitary conditions or anything offensive to the senses or
dangerous to health, in violation of this code.
Whatever renders air, food or drink unwholesome or detrimental
to the health of human beings.
Fire hazards.
Walks, roadways, parking lots and similar areas open to the
public, which area present hazardous conditions by reason of poor
maintenance.
Any person who has charge, care or control of a premises
or part thereof, whether with or without the knowledge and consent
of the owner.
Any person who, alone or jointly or severally with others,
shall have legal or equitable title to any premises, with or without
accompanying actual possession thereof, including but not to limited
executor, executrix, administrator, administratrix, trustee, receiver
or guardian of the estate, or as a mortgagee in possession, regardless
of how such possession was obtained. Any person or occupant who is
a lessee subletting or reassigning any part or all of any structure
shall be deemed to be a co-owner with the lessor and shall have joint
responsibility over the portion of the premises sublet or assigned
by said lessee.
All of the following supplies, 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, vents and any other similar supplied fixtures, together with
all connections to water-, sewer or gas lines, and water pipes and
lines utilized in conjunction with air-conditioning equipment.
A lot, plot or parcel of land, including the buildings or
structures thereon.
All putrescible and nonputrescible solid wastes, except body
wastes, including but not limited to garbage, rubbish, ashes, street
cleanings, dead animals, abandoned automobiles and solid market and
industrial wastes. (See also "garbage" and "rubbish.")
Registered mail or certified mail.
Space in an enclosed building or space set apart by a partition
or partitions.
Nonputrescible solid wastes consisting of both combustible
and noncombustible wastes, such as paper, wrappings, cigarettes, tin
cans, yard clippings, leaves, woods, glass, bedding, crockery and
similar materials. (See also "garbage and "refuse.")
Any sanitary sewer owned, operate and maintained by the City
of Glens Falls and available for public use for the disposal of sewage.
Waste from a flush toilet, bathtub, sink, lavatory, dishwashing
or laundry machine or the water-carried wastes from any other fixture
or equipment of machine.
That portion of a building included between the upper surface
of any floor and the upper surface of the floor next above, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling or
roof above. If the finished ceiling level directly above a basement
or cellar is more than six feet above grade, such basement or cellar
shall be considered a "story."
The combination of any materials, whether fixed or portable,
forming a construction, including buildings.
See "floor area, superficial."
Supply and removal of air to and from any space by natural
or mechanical means.
Ventilation by power-driven devices.
Ventilation by opening to outer air through windows, skylights,
doors, louvers or stacks, with or without wind-driven devices.
Enclosed space containing one or more bathtubs, showers,
or both, and which space shall also include toilets, lavatories or
fixtures serving similar purposes.
Enclosed space containing one or more toilets and containing
one or more lavatories, urinals and other plumbing fixtures.
Deterioration, decay or damage caused by exposure to the
elements.
B.
Meaning of certain words.
(1)
Whenever the words "accessory structure," "building," "premises,"
"room" or "structure" are used in this code, they shall be construed,
unless expressly stated to the contrary, to include the plurals of
these words and as if they were followed by the words "or any part
thereof."
(2)
The word "shall" shall be applied retroactively as well as prospectively.
All nonresidential buildings and the premises on which they are situated in the city, used or intended to be used for commercial, business or industrial occupancy or other nonresidential uses, shall comply with the provisions of this code, whether or not such buildings shall have been constructed, altered or repaired before or after the enactment of this code and irrespective of any permits or licenses which shall have been for the use or occupancy of the buildings or for the installation or repair of equipment or facilities prior to the effective date of this code. This code establishes minimum standards for the initial and continued occupancy and use of all such buildings and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the buildings or equipment or facilities contained therein except as provided in § 162-14. Where there is mixed occupancy, nonresidential use therein shall be regulated by and subject to the provisions of this code.
The Code Enforcement Officer is hereby authorized and directed
to make inspections to determine the condition of nonresidential buildings
and premises located within the City of Glens Falls, New York, in
order that he may perform his duty of safeguarding the health and
safety of the occupants of dwellings and of the general public. For
the purpose of making such inspections, the Code Enforcement Officer
is hereby authorized, upon presentation of proper credentials, to
enter, examine and survey at all reasonable times all nonresidential
buildings and premises. The owner, operator or occupant of every nonresidential
building or the person in charge thereof shall give the Code Enforcement
Officer free access to such nonresidential building and its premises
at all reasonable times for the purpose of such inspection, examination
and survey. Every occupant or operator of a nonresidential building
shall give the owner thereof or his agent or employee access to any
part of such nonresidential building or its premises at all reasonable
times for the purpose of making such repairs or alterations as are
necessary to effect compliance with the provisions of this code or
with any lawful rule or regulation adopted or any lawful order issued
pursuant to the provisions of this code.
[Amended 2-19-1969[1]]
A.
Whenever the Enforcement Officer finds that there has been a violation
of this code or of any rule or regulations adopted pursuant thereto,
he shall give notice to the person or persons responsible, a copy
of which said notice shall be concurrently filed with the City Clerk.
Such notice shall:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for identification.
(3)
Include a statement of the reason or reasons why the notice is being
issued.
(4)
Set a reasonable time for the performance of any act it requires.
(5)
Be served upon the owner or his agent or upon the occupant, as the
case may require. Such service is to be in person or by registered
letter with return receipt requested or in any other manner authorized
or required by law.
B.
Unsafe structures.
(1)
With respect to violations wherein the Enforcement Officer feels
any structure or building is unsafe or dangerous or endangers the
health or welfare of the public, such notice shall:
(a)
Be in writing.
(b)
Include a description of the property or structure for sufficient
identification.
(c)
Include a statement of the reason or reasons why the notice
is being issued and a statement of the particulars in which the building
or structure is unsafe or dangerous.
(d)
Include an order of the Enforcement Officer requiring the alleged
defective, unsafe or dangerous conditions to be repaired or the dwelling
to be removed.
(e)
Set a time within the owner so served shall commence the repair
or removal of such building or structure and a time within which such
repair or removal shall be completed.
(f)
Give notice of the time and place of the hearing before the
Director of Buildings.
(g)
Be served upon the owner and all other persons having an interest
in such property or structure, either personally or by registered
mail addressed to his last known address, as shown by the records
by the officer or the agency of the city charged with the assessment
of the real property therein or collection of real-property taxes
thereon and/or in the office of the County Clerk, and if such service
is made by registered mail, by the posting of a copy of such notice
on the premises.
(2)
A copy of such notice shall be filed in the office of the County Clerk of the county within which such building or structure is located, which notice shall be filed by such Clerk in the same manner as a notice of pendency pursuant to Article 65 of the Civil Practice Law and Rules, and shall have the same effect as a notice of pendency as therein provided except as otherwise herein provided in this Subsection B(2). A notice so filed shall be effective for a period of one year from the date of filing: provided, however, that it may be vacated upon the order of a Judge or Justice of a court of record or upon the consent of the City Attorney. The Clerk of the county where such notice is filed shall mark such notice and any record or docket thereof as canceled of record upon the presentation and filing of such consent or of a certified copy of such order.
[1]
Editor's Note: Amended at time of adoption of Code; see
Ch. General Provisions, Art. I.
A.
When, upon reexamination after the expiration of the time for compliance,
the Enforcement Officer finds that the violation has not been corrected
then he is authorized to cause such dwelling to be repaired, altered
or improved or to be vacated or closed.
B.
Whenever the Enforcement Officer finds that any dwelling constitutes
a serious hazard to the health or safety of the occupants or to the
public because it is dilapidated, unsanitary, vermin-infested or lacking
in the facilities required by this code, he shall designate such dwelling
unfit for human habitation and shall cause to be posted on the main
entrance of any dwelling so closed a placard with the following words:
"This building for human habitation is prohibited and unlawful." If
the owner fails to comply with an order to remove or demolish the
dwelling, the Director of Buildings may cause such dwelling to be
removed or demolished after a hearing conducted in accordance with
this code.
C.
The amount of the cost of such repairs, alterations or improvements
or vacating and closing or removal or demolition, when done by the
Enforcement Officer pursuant to an order of the Director of Buildings,
shall be a municipal lien against the real property upon which such
cost was incurred. If the dwelling is removed or demolished by the
Enforcement Officer pursuant to an order of the Director of Buildings,
he shall sell the materials of such dwelling at a public sale as provided
by law and shall credit the proceeds of such sale, after the deductions
of the expense thereof, against the cost of the removal or demolition,
and any balance remaining shall be deposited in the City Court of
the City of Glens Falls by the Enforcement Officer, shall be secured
in such a manner as may be directed by such Court and shall be disbursed
by such Court to the persons found to be entitled thereto by final
order or decree of such Court; provided, however, that nothing in
this section shall be construed to impair or limit in any way the
power of the municipality to define and declare nuisances and to cause
their removal or abatement by summary proceedings or otherwise.
D.
Complaints or orders issued by the Enforcement Officer pursuant to
this code shall be served upon persons either personally or by registered
mail, but if the whereabouts of such persons is unknown and the same
cannot be ascertained by the Enforcement Officer in the exercise of
reasonable diligence and the Enforcement Officer shall make an affidavit
to that effect, then the serving of such complaint or order upon such
persons may be made by publishing the same once each week for two
consecutive weeks in the official newspaper of the City of Glens Falls.
A copy of such complaint or order shall be posted in a conspicuous
place on the premises affected by the complaint or order. A copy of
such complaint or order shall be duly recorded or lodged for record
with the City Clerk of the City of Glens Falls.
The Mayor and Council is hereby authorized to make and to adopt
such written rules and regulations as may be necessary for the proper
enforcement of the provisions of this code, provided that such rules
and regulations shall not be in conflict with the provisions of this
code. Such rules and regulations shall have the same force and effect
as the provisions of this code, and the penalty for violation of the
provisions of this code shall apply as hereinafter provided.
A.
Owners shall have all the duties and responsibilities as prescribed
in this code and the regulations promulgated pursuant thereto, and
no owner or operator shall be relieved from any such duty and responsibility
nor be entitled to defend against any charge of violation thereof
by reason of the fact that the occupant is also responsible therefor
and in violation thereof.
B.
Occupant. Occupants shall have all the duties and responsibilities
as prescribed in this section and all the regulations promulgated
thereto, and the occupant shall not be relieved from any such duty
and responsibility nor be entitled to defend against any charge of
violation thereof by reason of the fact that the owner or operator
is also responsible therefor and in violation thereof.
C.
Contract not to alter responsibilities. Unless expressly provided
to the contrary in this code, the respective obligations and responsibilities
of the owner and operator on one hand and the occupant on the other
shall no be altered or affected by any agreement or contract by and
between any of the aforesaid or between them and other parties.
A.
Maintenance of exterior of premises. The exterior of the premises
and all structures thereon shall be kept fee of all nuisances and
any hazards to the safety of occupants, pedestrians and other persons
utilizing the premises and shall be kept free of unsanitary conditions,
and any of the foregoing shall be promptly removed. It shall be the
duty of the owner to keep the premises free of hazards, which include
but are not limited to the following:
(1)
Refuse: brush, weeds, broken glass, stumps, roots, obnoxious growths,
filth, garbage, trash, refuse and debris.
(2)
Natural growth: dead and dying trees and limbs or other natural growth
which, by reason of rotting or deteriorating conditions or storm damage,
constitute a hazard to persons in the vicinity thereof. Trees shall
be kept pruned and trimmed to prevent such conditions.
(3)
Overhangings: loose and overhanging objects and accumulations of
ice or snow which, by reason of location above ground level, constitute
a danger of falling on persons in the vicinity thereof.
(4)
Ground surface hazards or unsanitary conditions: holes, excavations,
breaks, projections, objects, icy conditions, uncleared snow and excretion
of pets and other animals on paths, walks, driveways, parking lots
and parking areas and other parts of the premises which are accessible
to and used by persons on the premises. All such holes and excavations
shall be filled and repaired, walks and steps replaced and other conditions
removed where necessary to eliminate hazards or unsanitary conditions
with reasonable dispatch upon their discovery.
(5)
Recurring accumulations of stormwater. Adequate runoff drains shall
be provided and maintained to eliminate any such recurrent or excessive
accumulations of stormwater.
(6)
Foundation walls. Foundation walls shall be kept structurally sound,
free from defects and damage and capable of bearing imposed loads
safely.
(7)
Chimneys and all flue and vent attachments thereto. Chimneys and
all flue and vent attachments thereto shall be maintained structurally
sound, free from defects and so maintained as to capably perform at
all times the functions for which they were designed. Chimneys, flues,
gas vents or other draft-producing equipment shall provide sufficient
draft to develop the rated output of the connected equipment and shall
be structurally safe, durable, smoketight and capable of withstanding
the action of flue gases.
(9)
Every basement or cellar door or window used or intended to used
for access or ventilation and every other opening to a basement or
cellar which might provide an entry to rodents shall be supplied with
a screen or other device which will effectively prevent their entrance.
B.
The exterior of the premises and the condition of accessory structures
shall be maintained so that the appearance of the premises and all
buildings thereon shall reflect a level of maintenance in keeping
with the standards of the neighborhood or such higher standards as
may be adopted as part of a plan of community development by the City
of Glens Falls and so that the appearance of the premises and structures
shall not constitute a blighting factor for adjoining property owners
or an element leading to the progressive deterioration and downgrading
of the neighborhood with the accompanying diminution of property values,
including the following.
(1)
Landscaping. Premises shall be kept landscaped, and lawns, hedges
and bushes shall be kept trimmed and kept from becoming overgrown
and unsightly where exposed to public view and where the same constitutes
a blighting factor depreciating adjoining property.
(2)
Windows. All windows exposed to public view shall be kept clean and
free of marks or foreign substances except when necessary in the course
of changing displays. No storage of materials, stock or inventory
shall be permitted in window display areas or other area ordinarily
exposed to public view, unless said areas are first screened from
the public view by drapes, Venetian blinds or other permanent rendering
of the windows opaque to the public view. All screening of interior
shall be maintained in a clean and attractive manner and in a good
state of repair.
(3)
Storefronts. All storefronts shall be kept in good repair and painted,
where required, and shall not constitute a safety hazard or nuisance.
In the event that repairs to a storefront become necessary, such repairs
shall be made with the same or similar materials used in the construction
of the storefront, in such manner as to permanently repair the damaged
area or areas. Any cornice visible above a storefront shall be kept
painted, where required, and in good repair.
(4)
Awnings and marquees. Any awning or marquee and its accompanying
structural members which extend over any street, sidewalk or other
portion of the premises shall be maintained in good repair and shall
not constitute a nuisance or a safety hazard. In the event that such
awnings or marquees are not properly maintained in accordance with
the foregoing, they shall, together with their supporting members,
be removed forthwith. In the event that said awnings or marquees are
made of cloth, plastic or similar materials, said cloth or plastic,
where exposed to public view, shall be maintained in good condition
and shall not show evidence of excessive weathering, discoloration,
ripping, tearing or other holes. Nothing herein shall be construed
to authorize any encroachment on streets, sidewalks or other parts
of the public domain.
C.
Structural soundness and general exterior maintenance.
(1)
The exterior of every structure or accessory structure, including
fences, signs and storefronts, shall be maintained in good repair,
and all surfaces thereof shall be kept painted and whitewashed, where
necessary, for purposes of preservation and appearance. All surfaces
shall be maintained free of broken glass, loose shingles, crumbling
stone or brick, excessive peeling paint or other condition reflective
of deterioration or inadequate maintenance, to the end that the property
itself may be preserved, safety and fire hazards eliminated and adjoining
property and the neighborhood protected from blighting influences.
(2)
Reconstruction of walls and sidings. All reconstruction of walls
and sidings shall be of standard quality and appearance commensurate
with the character of the properties in the same block and on both
sides of the street on which the premises front, such that the materials
used will not be of a kind that, by their appearance under prevailing
appraisal practices and standards, will depreciate the value of neighboring
and adjoining premises, as aforesaid.
D.
Basements and cellars. Basements, cellars and crawl spaces are to
be free of moisture resulting from seepage, and cross ventilation
shall be required where necessary to prevent accumulations of moisture
and dampness.
E.
Freedom from infestation. All parts of the premises shall be maintained
so as to prevent infestation.
F.
Interior maintenance.
(1)
Floors, interior walls and ceilings. Floors, interior walls and ceilings
of every structure shall be structurally sound and maintained in a
clean and sanitary condition.
(2)
Washroom and water-closet compartment floors shall be surfaced with
water-resistant material and shall be kept in a dry, clean and sanitary
condition at all times.
(3)
Cellar and basement floors. Floors of basements and cellars shall
be paved with stone or concrete or other suitable materials and shall
be maintained at all times in a condition so as to be smooth, clean
and free from cracks, breaks and other hazards.
(4)
Supporting structural members. Supporting structural members are
to be kept structurally sound, free of deterioration and capable of
bearing imposed loads safely.
(5)
Walls and ceilings, generally. Walls and ceilings shall be considered
to be in good repair when clean and free from cracks, breaks, loose
plaster and similar conditions. Walls shall be provided with paint,
paper, sealing material or other protective covering so that said
walls and ceilings shall be kept clean, free of visible foreign matter,
sanitary and well-maintained at all times.
(6)
The owner or operator shall have the duty and responsibility of removing
garbage, as otherwise provided in this code.
(7)
Designated storage bins, rooms and area shall be used for accumulating
garbage or refuse. Flammable or combustible liquids or other materials
may not be stored on the premises unless they are of a type approved
for storage by the regulations of the Fire Marshal, and then only
in such quantities and in such fireproof storage containers as may
be prescribed by appropriate regulations.
G.
Utilities and facilities.
(1)
Adequate supply of city water. Every facility using running water
for domestic purposes within any building shall be connected to the
public water supply system of the city. The water system shall be
maintained in good and operable conditions at all times so that sufficient
and positive pressure shall be available at all installed hot-and
cold-water faucets.
(2)
Maintenance of plumbing facilities. Every facility required under Subsection G(1), (3) and (4) hereunder shall be maintained in a sanitary condition, free of defects and in operating condition at all times. Where said facility or plumbing fixtures shall be clogged, overflow or otherwise necessitate repairs, such repairs shall be performed forthwith.
(3)
Connection to sanitary sewer. All plumbing fixtures shall be connected
to the sanitary sewer through lines which are free of leaks, corrosion
or deterioration and shall provide unobstructed passage from the plumbing
facilities within the dwelling to the sanitary sewer.
(4)
Every nonresidential building of a permanent nature, except automobile
storage garages and sheds, shall contain within that building one
flush toilet and one wash basin for each eight employees regularly
on the premises.
(5)
Electrical power through safely insulated conduits conforming to
the Glens Falls Electrical Code[3] shall be supplied to the following:
(a)
Nonresidential buildings regularly utilized for business, industrial,
commercial or institutional work and activities.
(b)
Garages: garages designed for use by four or more motor vehicles.
(c)
Every washroom and water-closet compartment shall be provided
with permanently installed artificial lighting fixtures with a switch
and wall plate so located and maintained that there is no danger of
shortcircuiting from water, from other washroom facilities or from
the splashing of water.
(6)
All garages and nonresidential buildings required to have electric
service shall also be provided with artificial lighting installations
and fixtures conforming to the following requirements:
(a)
All such fixtures shall be operable from a switch located near
the point of ingress to the interior of the space lighted.
(b)
All portions of the premises which are regularly utilized for
work and activities and all hallways, stairways, landings and other
spaces normally used as a means of passage by the occupants shall
be illuminated by at least five footcandles [five lumens] measured
in the darkest portions thereof, and all other portions regularly
traversed by occupants of the premises; and all basements, cellars,
storage areas and other parts of the structure used occasionally and
incidentally by the occupants shall be illuminated by at least three
footcandles [three lumens], measured in the darkest portions thereof.
(7)
Maintenance of electrical and lighting facilities.
(a)
Loose or exposed wiring. Except as hereinafter stated, all wiring
or cables shall be properly affixed or attached to the structure.
Insulation shall be provided for all wiring and cables and kept in
good repair. No loose cords or loose extension lines in excess of
six feet in length shall be permitted, and no ceiling or wall fixture
shall be used for supplying power to equipment other than that for
which it is designed.
(b)
Replacement of light bulbs. All required lighting fixtures shall
be supplied at all times with functioning light bulbs of sufficient
wattage to supply the lumen requirements of this code.
(8)
Fuse requirements; prohibition against overloading circuits. Maximum
fuse sizes consistent with safety shall be posted conspicuously on
the inside cover of all fuse boxes, and no fuse shall be installed
therein in excess of the stated maximum, except that owners shall
not be responsible for violation in fuse installations without their
knowledge where the correct maximum is stated and the fuse box is
located within any part of the premises which is in the exclusive
possession of occupants other than the owner.
(9)
Overloading of circuits. Overloading of circuits is prohibited. Where
it is found, after notice and hearing, that, by reason of the appliances
and fixtures, there is continuing overloading of an electrical line
creating a hazard, the owner shall be required to install a line of
sufficient capacity to absorb the load to which the line is subjected
or otherwise eliminate the conditions causing the overload. For purposes
of this section, the Director of Code Enforcement may consider the
peak seasonal load to which the line is subjected.
H.
Trash receptacles.[4]
(1)
Trash and garbage receptacles, containers and other devices intended
for temporary holding of waste material before removal from the site
shall be placed in such a manner that said receptacles are not visible
from the public right-of-way. This may be accomplished by means of
one or more of the following:
(2)
Trash and garbage receptacles shall be secured at all times to prevent
any waste material deposited or intended to be deposited in such receptacles
from being spread about by natural and/or other causes.
A.
Cleanlinees and sanitation. All parts of the premises under the control
of the occupant or operator shall be kept in a clean and sanitary
condition, and the occupant shall refrain from performing any acts
which would render other parts of the premises unclean or unsanitary
or which would prevent the owner or operator from performing any duty
required hereunder or maintaining the premises in a clean and sanitary
condition. Every operator shall be responsible for the elimination
of infestation in and on the premises subject to his control.9
B.
Malicious damage. Every occupant shall be responsible for willful
or malicious damage caused to any part of the premises.
C.
Installation and maintenance of heating equipment. Where any occupant
undertakes to install heating equipment, the same shall conform to
the requirements of the State Uniform Fire Prevention and Building
Code. The occupant shall thereafter be responsible for maintaining
such equipment installed by him in good repair and operating condition
during all times that the heating equipment shall remain under his
control.[1]
D.
Maintenance of plumbing. Every occupant shall maintain all plumbing
fixtures used by him in a clean and sanitary condition, and he shall
not deposit any material in any fixture or sewer system which would
result in stoppage of or damage to the fixture or sewer system.
E.
Providing notice of defect to owner. Where the owner or operator
would not otherwise know of a defect of any facility, utility or equipment
required to be furnished hereunder and the same is defective or inoperable,
each occupant affected thereby shall, upon learning of said defect,
provide notice to the owner or other person in charge of the premises.
Nothing herein shall be construed to provide a defense to any owner
violating this code.
A.
Any person who shall violate any provision of this code or any provision
of any rule or regulation adopted by the Mayor and Council pursuant
to authority granted by this code shall, upon conviction, be punished
by a fine of not more than $1,000 or by imprisonment for not more
than one year, or both such fine and imprisonment. Each day that a
violation continues after due notice has been served, in accordance
with the terms and provisions hereof, shall be deemed a separate offense.
B.
Any person who shall violate any provision of this code or any provision
of any rule or regulation adopted by the Enforcement Officer pursuant
to authority granted to him by this code shall, upon conviction, be
punished by a fine of not more than $1,000 or imprisonment for not
more than one year, or both. Each 30 days that such violation is permitted
to exist shall constitute a separate offense.
In any case where a provision of this code is found to be in
conflict with a provision of any zoning, building, fire, safety or
health ordinance or code existing on the effective date of this code,
the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail.
In any case where a provision of this code is found to be in conflict
with a provision of any other ordinance or code existing on the effective
date of this code, which ordinance or code establishes a lower standard
for the promotion and protection of the health and safety of the people,
the provisions of this code shall be deemed to prevail, and such other
ordinances or codes are hereby declared to be repealed to the extent
that they may be found in conflict with this code. This code shall
be enforce in the same manner as the Housing Code of the City of Glens
Falls.[1]