This article shall be known as "Maintenance of Vacant Buildings"
and is supplementary to applicable provisions of the New York State
Uniform 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 do not penetrate into basements, cellars
or other interior wall areas.
B.
Exterior doors, windows, skylights and similar openings shall be
maintained weathertight and in good condition. Doors and windows shall
be locked, and hardware shall be maintained.
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.
F.
The covering for 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 the general appearance of the building
or the neighborhood and, when possible, shall be secured by normal
means.
G.
The covering for doors and windows may consist of:
(1)
Venetian or similar blinds.
(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 Inspector or designee so as to blend in with the finish
of the building.
(5)
Coverings approved by the Building Inspector or his designee and,
when applicable, by the Planning Board.
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 a completely operable, clean, good repair, nondeteriorated and safe condition. Signs shall meet the requirements of Ch. 205.
(3)
Any window covering shall have a clear opening of two square feet
to allow a 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 Inspector 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 or 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 or latching mechanisms
shall not be discarded, abandoned or stored on the premises. There
shall be no storage of bulk waste.
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 system 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 completely drained
and shut off at the house main.
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 discontinued 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 waste
and debris.
E.
Ground cover shall be properly established to prevent undue soil
erosion due to the elements.
F.
All premises and immediate exterior property shall be maintained
free from weeds or plant growth in excess of 10 inches (254 mm). All
noxious weeds shall be prohibited.
