[Added 6-7-2007 by Ord. No. 1804]
This article shall be known as "Maintenance
of Vacant Buildings" and is supplementary to applicable provisions
of the New York State Fire Prevention and Building Code.
This article provides standards governing the
facilities and the condition and maintenance of vacant premises to
safeguard the safety, health, and welfare of the community.
This article shall be applicable to the following:
A.
Lots, plots or parcels of land on which buildings
designed for or developed for residential use or occupancy, mixed-occupancy
buildings, nonresidential occupancy or accessory structures are located;
and
B.
Buildings designed for or developed for residential
use or occupancy, including one- and two-family dwellings and multiple
dwellings, mixed occupancy buildings, nonresidential occupancy and
accessory structures.
Provision for safe and continuous entry shall
be provided to the interior of a building or structure from the exterior
at a street or to a yard, court or passageway leading to a public
open area at any time entry is necessary for purposes of required
maintenance or inspection.
A.
Exterior walls, including foundations, shall be maintained
so that groundwater and surface water does not penetrate into basements,
cellars or other interior wall areas.
B.
Exterior doors, windows, skylights and similar openings
shall be maintained weathertight.
C.
Exterior stairs, porches, entrance platforms, fire
escapes and the railings thereon shall be maintained in a safe and
sound condition.
D.
Roofs shall be maintained in a watertight condition.
E.
Exterior surfaces shall be maintained in good condition.
Surfaces not inherently resistant to deterioration shall be treated
with a protective coating of paint or other suitable preservative.
F.
The covering of doors and windows may not consist
of any substance sprayed onto the windows. All enclosures shall be
properly fitted and be of such material and surface that they are
neither unsightly nor will materially detract from general acceptance
of the building or neighborhood and, when possible, shall be secured
by normal means.
G.
The covering of doors and windows may consist of:
(1)
Venetian or similar blind.
(2)
Drapes, curtains or shades.
(3)
Decorative patterned paper, neatly installed with
all seams straight and uniformly taped.
(4)
Boards or similar materials finished and maintained
in a manner recommended by the Building Department so as to blend
in with the finish of the building.
(5)
Coverings approved by the Building Inspector or Code
Enforcement Officer.
H.
Cracked or broken glass windows shall be replaced
with glass.
I.
In addition to the standards prescribed above, vacant
commercial and retail buildings shall comply with the following standards:
(1)
Any and all window display areas shall be kept clean,
free of hazard and free of debris.
(2)
All exterior signs, awnings and lighting systems,
if not removed, shall be maintained in completely operable, clean,
sightly, nondeteriorated and safe condition.
(3)
Any window covering shall have a clear opening of
two square feet to allow view of the interior of the store for security
purposes. Such opening shall be installed no lower than three feet
above grade and no more than six feet above grade and may be in either
the show window or the door.
J.
If the owner shall fail to comply with the provisions
of this section regarding exterior protection, the Building Department
may, after notice of noncompliance and intent to remedy is mailed
to the owner, perform or cause such work to be performed and may recover
the expense either by action or by local assessment on the premises,
or both. This action shall be in addition to any other available remedy
under this article.
Railings and parapet walls shall be maintained
at open sides of balconies, mezzanines, porches, accessible roofs,
exit passageways, areaways, motor vehicle parking decks, and ramps
and around floor openings.
A.
The accumulation or storage of garbage or refuse in
buildings or on lots is prohibited.
B.
Buildings and structures shall be maintained free
of insects, vermin and rodent harborage and infestation.
C.
Refrigerators and similar equipment with locking mechanisms
shall not be discarded, abandoned or stored without first removing
the locking devices or the hinges of the doors.
D.
Junked or unregistered vehicles, equipment and materials
shall not be stored in open areas of premises.
Chimneys, smokestacks, flues, gas vents, smoke
pipes and connectors shall be maintained structurally safe and smoketight.
Fuel gas pipe systems shall be maintained gastight,
safe, and operative under conditions of use or shall be disconnected
at the main.
Tanks shall be maintained so as not to be a hazard or shall be discontinued in a manner consistent with Chapter C of the State Uniform Fire Prevention and Building Code (9 NYCRR).[1]
[1]
Editor's Note: The State Uniform Fire Prevention
and Building Code is now found in Title 19 of NYCRR.
A.
The domestic water supply of the building shall be
connected to an approved source, shall not be subject to contamination
and shall not be connected to unsafe water supplies or shall be disconnected
at the main and the system completely drained.
B.
Stormwater drainage systems shall be maintained so
as to function properly and be kept free from obstructions, leaks
and defects. Sewage systems shall be similarly maintained or shall
be sealed so as to prevent accumulation of sewage gases in buildings.
Electrical fixtures, devices, wiring and systems
shall be maintained in safe working condition in a manner which will
avoid a potential source of ignition or shock or service shall be
disconnected at the supply.
Elevators, dumbwaiters and escalators shall
be maintained or taken out of service, in accordance with ANSI A17.1.
A.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent ponding.
B.
Fences, walls, other minor construction and accessory
structures shall be maintained in safe, good and substantial condition.
C.
Steps, walks, driveways, parking spaces and similar
paved areas shall be maintained to afford safe and convenient passage.
D.
Yards, courts and vacant lots shall be kept clean
and free of hazards and debris.
E.
Ground cover shall be properly established to prevent
undue soil erosion due to the elements.
F.
Heavy undergrowth and accumulations of plant growth
which are noxious or detrimental to health or safety shall be eliminated.
