City of Glens Falls, NY Chapter 162 Property Maintenance, Nonresidential

[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.

§ 162-1 Title.

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."

§ 162-2 Findings and declaration of policy.

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.

§ 162-3 Purpose.

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.

§ 162-4 Definitions; word usage.

A. 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:

ACCESSORY STRUCTURE

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.

BASEMENT

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.

BUILDING

A combination of materials to form a construction adapted to permanent or continuous occupancy or use for public, institutional, residence, business or storage purposes.

BUILDING CODE

The State Uniform Fire Prevention and Building Code.[1]

CELLAR

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.

CENTRAL HEATING SYSTEM

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]

CODE ENFORCEMENT OFFICER

The Code Enforcement Officer entrusted with the enforcement of this code.

DETERIORATION

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.

EXPOSED TO PUBLIC VIEW

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.

EXTERIOR OF THE 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.

EXTERMINATION

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.

FIRE HAZARD

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.")

FIRE MARSHALL

The Fire Chief of the City of Glens Falls or his designee.

FLOOR AREA, SUPERFICIAL

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.

GARBAGE

Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food. (See also "refuse" and "rubbish.")

INFESTATION

The presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.

MIXED OCCUPANCY

Any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling uses.

NUISANCE

(1) 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.

(2) 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.

(3) Physical conditions dangerous to human life or detrimental to health of persons on or near the premises where the conditions exist.

(4) Overcrowding of a room with occupants, in violation of this code.

(5) Insufficient ventilation or illumination, in violation of this code.

(6) Inadequate or unsanitary sewerage or plumbing facilities, in violation of this code.

(7) Unsanitary conditions or anything offensive to the senses or dangerous to health, in violation of this code.

(8) Whatever renders air, food or drink unwholesome or detrimental to the health of human beings.

(9) Fire hazards.

(10) Walks, roadways, parking lots and similar areas open to the public, which area present hazardous conditions by reason of poor maintenance.

OPERATOR

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.

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.

PLUMBING

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.

PREMISES

A lot, plot or parcel of land, including the buildings or structures thereon.

REFUSE

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

Registered mail or certified mail.

ROOM

Space in an enclosed building or space set apart by a partition or partitions.

RUBBISH

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.")

SANITARY SEWER

Any sanitary sewer owned, operate and maintained by the City of Glens Falls and available for public use for the disposal of sewage.

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.

STORY

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."

STRUCTURE

The combination of any materials, whether fixed or portable, forming a construction, including buildings.

SUPERFICIAL FLOOR AREA

See "floor area, superficial."

VENTILATION

Supply and removal of air to and from any space by natural or mechanical means.

VENTILATION, MECHANICAL

Ventilation by power-driven devices.

VENTILATION, NATURAL

Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks, with or without wind-driven devices.

WASHROOM

Enclosed space containing one or more bathtubs, showers, or both, and which space shall also include toilets, lavatories or fixtures serving similar purposes.

WATER-CLOSET COMPARTMENT

Enclosed space containing one or more toilets and containing one or more lavatories, urinals and other plumbing fixtures.

WEATHERING

Deterioration, decay or damage caused by exposure to the elements.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

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.

§ 162-5 Applicability.

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.

§ 162-6 Inspections; right of entry.

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.

§ 162-7 Service of notices and orders.

[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.

§ 162-8 Abatement of violations. [1]

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.

[1] Editor's Note: Added at time of adoption of code; see Ch. 1, General Provisions, Art. I.

§ 162-9 Adoption of rules and regulations.

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.

§ 162-10 Responsibilities of owner and occupant independent of each other.

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.

§ 162-11 Duties and responsibilities of owner.

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.

(8) Exterior stairs, porches, landings and balconies and stairwells shall be provided with continuous walks or guards and handrails in conformance with the State Uniform Fire Prevention and Building Code.[1]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

(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.

(8) Interior stairs shall be provided with continuous walks or guards and handrails. Stair handrails shall be in conformity with the State Uniform Fire Prevention Building Code.[2]

[2] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

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.

[3] Editor's Note: See Ch. 96, Electrical Standards.

(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:

(a) Placing receptacles so as to be totally hidden behind the building they serve.

(b) The screening of receptacles by foliage or solid fencing.

(c) The containing of receptacles within a structure suitable for such use.

(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.

[4] Editor's Note: Added at time of adoption of code; see Ch. 1, General Provisions, Art. I.

§ 162-12 Duties and responsibilities of occupant.

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]

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1. General Provisions, Art. I.

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.

§ 162-13 Penalties for offenses. [1]

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.

[1] Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 162-14 Construal of provisions.

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]

[1] Editor's Note: See Ch. 123, Housing Standards.