The provisions of this article shall govern the minimum conditions of property and buildings to be used for human occupancy. Every building or structure occupied by humans, except as exempted by §
176-4D, and the premises on which it stands shall comply with the conditions herein prescribed as they may apply thereto.
No person shall occupy as owner-occupant or
let to another for occupancy any dwelling unit or premises, for the
purpose of living therein, which does not comply with the following
requirements. The Director of Code Enforcement of the City of Troy
and/or his/her designee shall cause periodic inspections to be made
of dwelling premises to secure compliance with these requirements.
A. Sanitation. All exterior property areas shall be maintained
in a clean and sanitary condition, free from any accumulation of rubbish
or garbage.
B. Grading and drainage. All premises shall be graded
and maintained so as to prevent the accumulation of stagnant water
thereon or within any building or structure located thereon.
C. Weeds.
[Amended 9-8-2016 by Ord.
No. 60]
(1) Premises and exterior property shall be maintained free from weeds
or plant growth in excess of six inches. Noxious weeds shall be prohibited.
Weeds shall be defined as all grasses, annual plants and vegetation,
other than trees or shrubs provided; however, this term shall not
include lawn grass, planted ornamental grasses, cultivated flowers
and cultivated flower and vegetable gardens.
(2) Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of notice of violation, they shall be subject to prosecution in accordance with §
176-12 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of violation, and duly authorized employee of the jurisdiction or contractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property.
D. Insect and rodent harborage. Every owner of a dwelling
or multifamily dwelling shall be responsible for the extermination
of insects, rodents, vermin, or other pests in all exterior areas
of the premises; except that the occupant shall be responsible for
such extermination in the exterior areas of the premises of a single-family
dwelling. Whenever infestation exists in the shared or public parts
of the premises of other than a single-family dwelling, extermination
shall be the responsibility of the owner.
E. Accessory structures. All accessory structures including
detached garages shall be maintained structurally sound and in good
repair.
F. Defacement of property.
[Added 7-9-2015 by Ord.
No. 65; amended 9-8-2016 by Ord. No. 60]
(1) No person shall willfully or wantonly damage, mutilate or deface
any exterior surface of any structure or building on any private or
public property by placing thereon any marking, carving or graffiti.
(2) It shall be the responsibility of the owner to restore said surface
to an approved state of maintenance and repair.
(a)
Exception: unless approved by the Director of Code Enforcement
and the Planning Commission.
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling or multifamily dwelling,
dwelling unit, rooming house, rooming unit, or portion thereof for
the purpose of living therein, which does not comply with the following
requirements.
A. Foundations, walls and roof. Every foundation, exterior
wall, roof, and all other exterior surfaces shall be maintained in
a workmanlike state of maintenance and repair and shall be kept in
such condition as to exclude rodents.
B. Foundations. The foundation elements shall adequately
support the building at all points.
C. Exterior walls. All exterior walls, eaves, soffits,
fascia, cornices, overhangs and trim shall be free of holes, breaks,
loose or rotting boards or timbers, and any other conditions which
might admit rain or dampness to the interior portions of the walls
or to the occupied spaces of the building.
[Amended 9-1-2011 by Ord. No. 5]
D. Roofs. The roof shall be structurally sound, tight,
and have no defects which might admit rain, and roof drainage shall
be adequate to prevent rainwater from causing dampness in the walls
or interior portion of the building.
E. Stairs, porches and railings. Stairs and other exit
facilities shall be adequate for safety, as provided in the Uniform
Fire Prevention and Building Code and shall comply with the following
subsections.
F. Structural safety. Every outside stair, every porch,
and every appurtenance attached thereto shall be so constructed as
to be safe to use and capable of supporting the loads to which it
is subjected, as required by the Uniform Fire Prevention and Building
Code, and shall be kept in sound condition and good repair.
G. Handrails. When the Inspector deems it necessary for
safety, every flight of stairs which is three risers or more high
shall have handrails, which shall be located as required by the Uniform
Fire Prevention and Building Code, and every porch which is three
risers or more high shall have handrails so located and of such as
required by that code. Every handrail and balustrade shall be firmly
fastened and shall be maintained in good condition.
H. Windows, doors and hatchways. Every window, exterior
door, and basement hatchway shall be substantially tight and shall
be kept in sound condition and repair.
I. Windows to be glazed. Every window sash shall be fully
supplied with glass windowpanes (or an approved substitute), which
are without open cracks or holes.
J. Windows to be tight. Every window shall be in good
condition and fit reasonably tight within its frame.
K. Windows able to be opened. Every window, other than
a fixed window, shall be capable of being easily opened and shall
be held in position by window hardware.
L. Door hardware. Every exterior door, door hinge, and
door latch shall be maintained in good condition.
M. Doors to fit in frame. Every exterior door, when closed,
shall fit reasonably well within its frame.
N. Window and door frames to fit in wall. Every window,
door, and frame shall be constructed and maintained in such relation
to the adjacent wall construction so as to exclude rain as completely
as possible and to substantially exclude wind from entering any dwelling
or multifamily dwelling.
O. Basement hatchways. Every basement hatchway shall
be so constructed and maintained as to prevent the entrance of rodents,
rain and surface drainage water into the dwelling or multifamily dwelling.
P. Exit doors. Every door available as an exit shall
be capable of being opened from the inside easily and without the
use of a key.
Q. Screening. Guards and screens shall be supplied for
protection against rodents and insects in accordance with the following
requirements:
(1) Guards for basement windows. Every basement or cellar
window which is openable shall be supplied with corrosive-resistive
rodent-proof shields of not less than No. 22 U.S. gage perforated
steel sheets, or No. 20 B&S gage aluminum, or No. 16 U.S. gage
expanded metal or wire mesh screens, with not more than one-half-inch
mesh openings, or with other material affording equivalent protection
against the entry of rodents, including storm windows.
(2) Insect screens. From May 1 to October 15 of each year,
every door opening directly from any dwelling or multifamily dwelling
unit to the outdoors and every window or other outside opening used
for ventilation purposes shall be supplied with a screen of not less
than 16 mesh per inch and every swinging screen door shall have a
self-closing device in good working condition, except that no such
screens shall be required for a dwelling unit on a floor above the
fourth floor. After compliance with above in any one season, in two-family
and multidwelling units, every occupant thereof shall be responsible
for the maintenance and repair of said screens in their individual
dwelling unit
R. Exterior wood surfaces. Exterior wood surfaces of
buildings and structures that are not inherently resistant to deterioration
shall be periodically treated with a protective coating of paint or
other suitable preservatives.
S. Roof gutters
and downspouts shall be maintained and anchored and kept in good working
condition. No gutter shall be installed so that water is discharged
onto a neighbor's property or City right-of-way.
[Added 9-1-2011 by Ord. No. 5]
T. Gates. Exterior gates, gate assemblies, operator systems if provided,
and hardware shall be maintained in good condition. Latches at all
entrances shall tightly secure the gates.
[Added 9-8-2016 by Ord.
No. 60]
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling, multifamily dwelling,
dwelling unit, rooming house, rooming unit, or portion thereof, for
the purpose of living therein, which does not comply with the following
requirements:
A. Free from dampness. In every dwelling, multifamily
dwelling, dwelling unit, rooming house and rooming unit, cellars,
basements and crawl spaces shall be maintained reasonably free from
dampness to prevent conditions conducive to decay or deterioration
of the structure, as required by the Uniform Fire Prevention and Building
Code.
B. Structural members. The supporting structural members
of every dwelling and multifamily dwelling used for human habitation
shall be maintained structurally sound, showing no evidence of deterioration
which would render them incapable of carrying the imposed loads, in
accordance with the provisions of the Uniform Fire Prevention and
Building Code.
C. Interior stairs and railings. Stairs shall be provided
in every dwelling, multifamily dwelling, rooming and boardinghouse
as required by the Uniform Fire Prevention and Building Code.
D. Maintained in good repair. All interior stairs of
every structure used for human habitation shall be maintained in sound
condition and good repair by replacing treads and risers that evidence
excessive wear or are broken, warped or loose. Every inside stair
shall be so constructed and maintained as to be safe to use and capable
of supporting a load, as required by the Uniform Fire Prevention and
Building Code.
E. Handrails. Every stairwell and every flight of stairs
which is three risers or more high shall have handrails or railings
located in accordance with the provisions of the Uniform Fire Prevention
and Building Code. Every handrail or railing shall be firmly fastened
and must be maintained in good condition. Properly balustraded railings,
capable of bearing normally imposed loads, as required by the Uniform
Fire Prevention and Building Code, shall be placed on the open portions
of stairs, balconies, landings and stairwells.
F. Bathroom floors. Every toilet and bathroom floor surface
shall be constructed and maintained so as to be substantially impervious
to water and so as to permit such floor to be easily kept in a clean
and sanitary condition.
G. Sanitation. The interior of every dwelling and multifamily dwelling used for human habitation shall be maintained in a clean and sanitary condition free from any accumulation of rubbish or garbage. Rubbish, garbage, and other refuse may be properly kept inside temporary storage facilities as required under §
176-20J and
K of this chapter.
H. Insect and rodent harborage. Buildings used for human
habitation shall be kept free from insect and rodent infestation,
and where insects or rodents are found they shall be promptly exterminated
by acceptable processes which will not be injurious to human health.
After extermination, proper precautions shall be taken to prevent
reinfestation.
I. Extermination. Every owner of a dwelling or multifamily
dwelling shall be responsible for the extermination of insects, rodents,
vermin, or other pests whenever infestation exists in two or more
of the dwelling units or in the shared or public parts of the structure.
J. Extermination of single-dwelling limits. The occupant
of a dwelling unit in a dwelling or multifamily dwelling shall be
responsible for such extermination within the unit occupied by him/her
whenever his/her dwelling unit is the only unit in the building that
is infested.
K. Responsibility of owner. Notwithstanding the foregoing
provisions, whenever infestation of rodents is caused by failure of
the owner to maintain any dwelling or multifamily dwelling in a rodent-proof
condition, extermination of such rodents shall be the responsibility
of the owner.
L. Privacy
doors. All one-family, two-family and multifamily buildings shall
have doors on all bedrooms and bathrooms.
[Added 9-1-2011 by Ord. No. 5]
M. Walls
and ceilings. All interior surfaces and ceilings shall be maintained
in a clean and sanitary condition and shall be free of any peeling
and chipping paint.
[Added 9-1-2011 by Ord. No. 5]
No person shall occupy as owner-occupant, or
let to another for occupancy, any dwelling, multifamily dwelling,
dwelling unit, rooming house, rooming unit or portion thereof, for
the purpose of living therein, which does not comply with the following
requirements:
A. Safe continuous egress. Safe, continuous and unobstructed
egress shall be provided from the interior of any dwelling, multifamily
dwelling, dwelling unit, rooming house or rooming unit to the exterior
at street or grade level.
B. Arrangement of exits. Exits shall be arranged, constructed
and proportioned in conformity with the Uniform Fire Prevention and
Building Code, so that occupants may escape safely from the building
in case of an emergency.
C. One-family dwellings. In one-family dwellings, in
addition to the primary exit from the building, there shall be provided
a secondary exit or, in lieu thereof, one or more exit openings for
emergency use.
D. Two-family dwellings with horizontal separations.
In two-family dwellings with horizontal separations, in addition to
the primary exit from the building, there shall be provided a secondary
exit from each dwelling unit. Such secondary exit shall conform to
the requirements for a secondary exit of a two-story multiple dwelling
in the Uniform Fire Prevention and Building Code.
E. Multiple dwellings. All multiple dwellings shall conform
to the Uniform Fire Prevention and Building Code or multiple-residence
requirements of the State of New York.