[HISTORY: Adopted by the Town Board of the Town of Harrison: Art.
I, 11-23-82 as L.L. No. 4-1982. Section 188-11D amended at
time of adoption of Code; see Ch. 43, General Provisions, Art. I. Other amendments
noted where applicable.]
[Adopted 11-23-82 as L.L. No. 4-1982]
This Article shall be known as the "Business Premises Maintenance Code
of the Town of Harrison."
This Article provides basic and uniform standards governing the condition,
occupancy and maintenance of business premises, for the purpose of establishing
reasonable safeguards for the safety, health and welfare of the occupants
and the general public.
A.
This Article shall apply only to business premises, including
mixed occupancies and accessory structures, as hereinafter defined.
B.
The provisions of this Article shall supersede local
laws, ordinances, codes or regulations to the extent that such laws, ordinances,
codes or regulations are inconsistent with the provisions of this Article,
provided that nothing herein contained shall be construed to prevent the adoption
and enforcement of a local law, ordinance, code or regulation which is more
restrictive or establishes a higher standard than provided in this Article,
and such more restrictive requirement or higher standard shall govern during
the period in which it is in effect.
As used in this Article, the following terms shall have the meanings
indicated:
A structure, the use of which is incidental to that of a business
premises and which is located on the same premises.
A building or combination of buildings and the lot on which the same
is located, used wholly or in part for commercial purposes, including but
not limited to offices, places of public assembly, shopping centers, supermarkets,
retail stores, warehouses, manufacturing or fabrication plants, gasoline stations
and mixed occupancies and accessory structures.
Occupancy of a premises in part for residential use and in part for
business use.
All business premises shall be maintained in conformity with the provisions
of this Article.
A.
All yards and courts of business premises shall be kept
clean and free from physical hazards, fire hazards, garbage, refuse, debris,
infestation of rodents or insects and junk vehicles.
B.
Heavy undergrowth and accumulation of plants and plant
growth which are noxious and detrimental to the health shall be eliminated;
grass and grass plots shall be cut and trimmed on all business premises.
A.
Exterior surfaces of business premises, equipment and
appurtenances that are not inherently resistant to deterioration shall be
periodically treated with a protective coat of paint or other suitable preservatives.
B.
Exterior walls, roofs and porches or appurtenances of
business premises shall be maintained in a manner so as to prevent the collapse
of the same or injury to the occupants of the aforesaid or to the public.
C.
All exterior surfaces of business premises, including
but not limited to signs, billboards, window treatment, facades and canopies,
shall be maintained in a clean and sanitary condition.
D.
The foundation walls of every business premises shall
be maintained in good repair and shall be structurally sound.
E.
Exterior walls, roofs and other parts of business premises
shall be free from loose and unsecured objects or materials. If such objects
or materials exist, they shall be removed, repaired or replaced.
F.
Owners of a vacated business premises shall take such
steps and perform such acts as may be required from time to time to ensure
that the building and its adjoining yards remain safe and secure and do not
present a hazard to adjoining property or to the public.[1]
[1]
Editor's Note: Former Subsection G, which immediately followed
this subsection and dealt with removing graffiti, was repealed 5-7-1997 by
L.L. No. 6-1997.
A.
The Building Department, hereinafter sometimes referred
to as the "Agency," of the Town of Harrison is designated as the administrator
and shall secure compliance of the applicable standards of this Article in
conjunction with the Harrison Police Department.
B.
The Agency shall be under the direction and charge of
the Building Inspector, who shall have as representatives such assistants
and inspectors as are necessary to carry out effectively the powers and duties
of the Agency.
C.
All personnel of the Agency shall be appointed by the
Town Board of the Town of Harrison.
A.
The Agency shall be charged with the duty of administrating
the applicable standards of this Article and promulgating rules and regulations
for this purpose. The Agency shall be empowered to adopt rules and regulations
necessary for securing compliance with the standards of this Article and its
rules and regulations and for its own organization and internal management,
provided that such rules and regulations shall not be in conflict with the
applicable standards of this Article. All Agency rules, regulations and standards
shall be filed with the Harrison Town Clerk.
B.
It shall be the duty of the Building Inspector:
(1)
To inspect and to cause inspection to be made of the
premises within the scope of the applicable standards as necessary.
(a)
Inspectors shall be authorized and have the right, in
performance of their duties, to enter any business premises for purposes of
inspection or any other reason necessary to administer or secure compliance
with this Article.
(b)
Owners, agents, operators and occupants shall be responsible
for providing access to all parts of the business premises within their control
to inspectors acting in performance of their duties.
(2)
To investigate and to cause an investigation of all complaints
of alleged violations or other unsafe or unsanitary conditions. The Agency
shall keep records of all complaints received, inspections made and violations
found regarding business premises regulated by this Article. Records shall
be kept and shall be available for public inspection.
(3)
To issue notices of violation and to order, in writing,
the remedy of all conditions found to exist in or on any business premises
and accessory structure in violation of the provisions of this Article or
the rule or regulation adopted by the Agency and to state in the notice of
violation a ten-day limit for compliance therewith and, where necessary, to
order the vacating of the premises found unfit for human habitation.
A notice of violation may be served on the person named therein, personally
or by delivering to and leaving a copy thereof with a person on the business
premises of reasonable age and mailing a copy thereof to the person named
in the notice of violation at his last known place of residence or by posting
a copy in a conspicuous place on the premises and mailing a copy thereof addressed
to the person named in the order at his last known place of residence.
A.
Every person who shall fail to comply with any provision
of this Article shall be guilty of a violation of this Article and shall be
subject to the penalties herein provided for.
B.
Every person who shall fail to comply with a notice of
violation issued by the Agency within the time stated in said notice shall
be guilty of a violation of this Article and shall be subject to the penalties
herein provided for.
C.
Each day that a violation of this Article is permitted
to exist shall constitute a separate violation of this Article.
A.
Owners of the business premises shall be responsible
for compliance with the provisions of this Article.
B.
Whenever any person or persons shall be in actual possession
of or have charge, care or control of any property within the Town of Harrison
as executor, administrator, trustee, guardian, lessee, licensee, assignee,
operator or agent, such person shall be deemed and taken to be the owner or
owners of said property within the true intent and meaning of this Article
and shall be bound to comply with the provisions of this Article to the same
extent as the record owner; and notice to any such person of any order or
decision of the Building Department shall be taken to be a good and sufficient
notice, as if such person or persons were actually the record owner or owners
of such property.
C.
An owner of the business premises and accessory structure
shall be responsible for compliance with this Article, including but not limited
to the following:
(1)
Maintenance of the business premises and accessory structures
in a clean, sanitary and safe condition.
(2)
Maintenance of yards, lawns and courts of business premises
in a clean, sanitary and safe condition.
(3)
Elimination of all prohibited uses of the
business premises and accessory structures.