Residential premises shall be maintained in
conformity with the provisions of this code so as to assure the desirable
residential character of the property.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent development
of stagnant ponds. Gutters, culverts, catchbasins, drain inlets, stormwater
sewers, approved combined storm and sanitary sewers or other satisfactory
drainage systems shall be utilized where deemed necessary.
Yards, courts and lots shall be kept free and clear
of physical hazards and material or debris which would cause a fire
hazard or act as a breeding place for vermin or insects.
Exterior property areas shall be reasonably free from
holes and excavations, sharp protrusions and other objects or conditions
which might cause personal injury. Walks, steps and driveways that
contain holes or tripping hazards shall be filled, repaired or replaced
as the need indicates. Open wells, cesspools or cisterns shall be
securely closed. Trees or limbs of trees that constitute a hazard
shall be removed.
Sewage must be discharged into a public sewer system
except as specially permitted by the authority having jurisdiction
in accordance with the New York State Public Health Law and the Albany
County Sanitary Code. Discharge of inadequately treated sewage shall
not be permitted upon the surface of the ground or into natural or
artificial surface drainways.
For the protection of the general public, all swimming
pools shall be effectively fenced by an artificial enclosure not less
than six feet in height. For pools projecting above the ground and
which are self-enclosed by the exterior projections thereof said enclosures
shall be constructed to satisfy the requirements of this provision,
provided that they are not less than six feet in height above the
ground and provided further that any openings in the enclosure affording
access to the pool proper be provided with a gate containing an automatic
or manual locking device affixed in such a manner as to exclude small
children.
Subject to the provisions of Subsection B hereof, exterior surfaces of buildings and structures not inherently resistant to deterioration by the natural elements shall be periodically treated by appropriate means and materials suitable for preservation of said exterior. Accessory structures shall be maintained so as to be free of conditions detrimental to safety and health.
Notwithstanding the provisions of Subsection A, the brick or stone exterior of any building or structure shall not be treated or cleaned by sandblasting, wire brushing by machine or any other procedure or process whereby sand, grit or other abrasive is used or applied by pressure alone or with other ingredients or solution to effect the removal of dirt, soot, paint or other matter or substance therefrom; except that paint or other matter deleterious to the structural and/or aesthetic integrity of the exterior of any building may, upon permission of the Commissioner of Buildings, be removed by such abrasive or pressure methods. In granting such permission, the Commissioner shall determine and consider the machinery, equipment, materials, supplies, manner and method of cleaning proposed, the age, structural composition and general condition of the building involved, the nature of the material sought to be removed and the practical necessity thereof, together with any other factors and/or circumstances that may, on a case-by-case basis, be deemed relevant. The above exception shall not apply to those buildings:
Editor’s Note: Former Subsection B(3), which excepted
buildings under the jurisdiction of the Historic Sites Commission,
was repealed 5-15-2017 by Ord. No. 26.31.17. Said ordinance also redesignated
former Subsection B(4) as Subsection B(3).
Grounds, buildings and structures shall be maintained
free of insects, vermin and rodent harborage and infestation. Methods
used for exterminating insects, vermin and rodents shall meet the
generally accepted practices of the industry and shall be in accordance
with the manufacturer's specifications.
Where the potential for rodent infestation exists,
windows and other openings in basements and cellars shall be appropriately
ratproofed with wire or other suitable materials.
From May 1 to November 1, entrance to residential
buildings shall be provided with self-closing-type devices, or screens
and windows or other openings used for ventilation shall be appropriately
screened. Screens shall not be required in rooms located sufficiently
high in the upper stories of multiple dwellings as to be free of mosquitoes,
flies and other flying insects.
The exterior of every structure used for human habitation
shall be so maintained as to be vermin- and rodent-free. Where rodent
or vermin problems exist, all exterior windows, doors and other openings
two feet above ground level and below shall be screened or protected
with acceptable wire mesh or other approved materials. Defects, cracks
or holes shall be tightly sealed to prevent the entrance of vermin
and rodents.
When a
pest, bedbug or other insect or rodent infestation, as defined in
Section 308 of the New York State Property Maintenance Code, has been
identified by the Department of Buildings and Regulatory Compliance
after a routine inspection by the Department, or inspection after
the Department receives a complaint of an infestation, the Department
shall contact the premises owner and require the owner to provide
proof of extermination/pest control services. When determined by a
professional exterminator, the dwelling unit(s) in direct proximity
to the affected unit and common areas shall also be treated if evidence
of infestation in these areas is found. The occupant of a one-family
rental dwelling shall be responsible for the costs associated with
any extermination on the premises. No tenant shall willfully refuse
to comply with reasonable written instructions from a landlord, pest
control operator or the Department of Buildings and Regulatory Compliance
to prepare the dwelling unit for remediation of an infestation of
pests, insects or rodents, including bed bugs, provided that such
instructions are given to an adult member of the tenant household
such that the tenant household has a reasonable opportunity to comply,
and in all cases at least 48 hours prior to remediation. Property
owners of rental properties, or their agents, or the professional
pest control service company hired by the property owner shall provide
a copy of a report for the services rendered electronically to the
Department of Buildings and Regulatory Compliance.
Adequate sanitary facilities and methods shall be
used for the collection, storage and handling and disposal of garbage
and rubbish. It shall be prohibited to store or accumulate garbage
or rubbish in halls or stairways. Every dwelling and every dwelling
unit shall be provided with such receptacles as may be necessary to
contain all garbage and rubbish, and all such receptacles shall be
maintained in good repair. Receptacles for garbage shall be made of
durable material, shall be watertight and shall be provided with tight-fitting
covers.
No person shall kindle any fire or furnish any material
for any fire nor authorize such fire in any street, lane, alley or
any vacant lot. Burning shall be prohibited except when such burning
of combustible refuse shall be in a covered incinerator and not less
than 10 feet from any dwelling or accessory structure.