This chapter shall apply to all buildings located in the City
of Beacon.
As used in this chapter, the following terms shall have the
meanings indicated:
VACANT BUILDING
Any building which is not occupied or put to its intended
use for more than six months, except in the case of a building which
is unoccupied or unused due to damage caused by an act of God in which
case such building shall become vacant if unoccupied or unused for
more than nine months. Two-family residential buildings, multifamily
residential buildings and mixed-use buildings shall not be deemed
vacant if at least one of the dwelling units is occupied. Nonresidential
buildings shall not be deemed vacant if at least 25% of the building
is occupied or put to its intended use.
All buildings or structures, regardless of uses or height, located
in the City of Beacon which are vacant shall be maintained by the
owner so as to prevent ingress into or egress from the building. All
doors, windows and other means of ingress or egress shall be kept
locked or secured. All garbage, debris and other combustible or flammable
material shall be removed from the premises. This section shall apply
to all commercial, industrial, and residential properties located
throughout the City of Beacon.
At the sole, reasonable discretion of the Building Inspector
of the City of Beacon, all utilities are to be disconnected or service
discontinued at the curb or property line.
The method used in boarding up any building or structure, regardless
of use or height, shall be as follows:
A. All broken glass shall be removed from doors or windows of said building
or structure.
B. All openings shall be fitted with boards cut to actual size with
new material of either plywood or pressboard having a minimum thickness
of 1/2 inch and retained in place by affixing two inches by four inches
top, bottom and center on the exterior in a neat and workmanlike manner.
C. All plywood or pressboard used in boarding up shall be painted in
a color and quality of paint subject to the approval of the Building
Inspector.
Where a vacant building includes a storefront that is visible
from the street or adjacent sidewalk, the owner of said vacant building
shall remove all debris, trash, garbage and other material that may
be visible to passersby from the street or adjacent sidewalk. There
shall be no newspapers or other temporary window covering on store
windows, such that the interior of the store is not visible from the
street or adjacent sidewalk, for more than 90 days.
The Building Inspector and/or Code Enforcement Officer shall
have the authority to ascertain and order the removal by the owner,
agent, operator or occupant of any and all violations on the property,
premises, sidewalks, structures and structural appurtenances that
may endanger the public health, safety and welfare or may depreciate
property values in the neighborhood of the offending structure due
to objects, materials and conditions on the offending premises.
The actual cost to the City of any work done pursuant to this section, plus a sum equal to 5% of such actual cost for inspection and other additional costs in connection therewith, together with any penalties as set forth in §
92-10 in the amount of $100 shall be certified by the Building Inspector to the City Administrator, and the amount thereof shall become and be a lien upon the property on which said work was performed by the City, and the total amount thereof shall be added to or become a part of the next annual assessment roll at the time and in the manner prescribed by the Charter of the City and subject to all the provisions thereof.
Any person who violates this chapter shall be liable for an
administrative civil penalty of $100 per day for each day's violation
after service of an order to remedy by the Building Inspector or Code
Enforcement Officer. The imposition of the civil penalty shall be
made by the Building Inspector after giving the property owner sufficient
opportunity to comply with this chapter in the said order to remedy.
If any clause, sentence, paragraph, section or part of any section
shall be adjudged by any court of competent jurisdiction to be invalid,
such judgment shall not affect, impair or invalidate the remainder
thereof, but shall be confined in its operation to the clause, sentence,
paragraphs, section or part thereof directly involved in the controversy
and in which such judgment shall have been rendered.