§ 152.091 COMMERCIAL AND INDUSTRIAL MAINTENANCE RESPONSIBILITIES.
   (A)   Responsibilities.
      (1)   The occupant of a commercial or industrial building shall be responsible for maintaining in a clean and sanitary condition that part of the building, which he occupies, and controls.
      (2)   The owner of every commercial and industrial building shall be responsible for the maintenance thereof in good repair and safe condition as required by the terms of the chapter. The owner shall also be responsible for maintaining in a clean and sanitary condition the shared or common areas of the premises.
   (B)   General requirements. All commercial and industrial buildings and all parts thereof shall be maintained in good repair and shall be capable of performing the function for which such structure or part of any feature thereof was designed or intended to be used.
   (C)   Maintenance of foundations.
      (1)   All foundations of every commercial and industrial building shall be maintained structurally sound and in good repair.
      (2)   All foundations of every commercial and industrial building shall be maintained in such condition as to prevent the accumulation of moisture within the space enclosed within such foundations.
      (3)   All openings into the foundations of every commercial and industrial building shall be protected against the entrance of rodents.
   (D)   Maintenance of roofs, gutters, and downspouts. All roofs of every commercial and industrial building shall be maintained weather-tight and shall be equipped with gutters and downspouts.
   (E)   Maintenance of exteriors of commercial and industrial buildings and secondary or appurtenant structures.
      (1)   All exterior parts of every commercial and industrial building including exterior walls, parapet walls, decorative additions, chimneys, and all other exterior structures, shall be maintained in a safe condition, weather-tight, and so as to resist decay or deterioration from any cause.
      (2)   Any commercial or industrial building or secondary or appurtenant structure whose exterior surface is bare, deteriorated, ramshackle, tumbledown, decaying, disintegrating or in poor repair must be repaired or razed.
         (a)   All buckled, rotted, or decayed walls, doors, windows, porches, floors, steps, railing, trim, and their missing members must be replaced and put in good condition.
         (b)   All replacements must match and conform to original design or be replaced completely.
         (c)   All exterior wood or exterior unfinished surfaces must be sealed and painted, or surface covered with other approved protective coating or treated to prevent rot and decay and conform and match the existing paint or surface covering and original design or replacement thereof. All exterior walls and surfaces must be properly protected against the weather where such are defective or lack weather protection, including lack of paint or surface covering or have weathered due to lack of proper protective covering.
      (3)   All commercial or industrial building or secondary or appurtenant structure whose exterior surface is deteriorated, decaying, disintegrating or whose exterior surface has weathered with dirt and grime or has been impaired through peeling or flaking of the paint or other protective coating shall be repaired, repainted, or resurfaced.
         (a)   All exterior surfaces shall be replaced or repaired in good condition preparatory to repainting or coating.
         (b)   All bare exterior surfaces, which are flaking, or crumbling shall be replaced or sealed in a good and skillful manner.
         (c)   All new or repaired bare surfaces shall be painted or coated.
         (d)   All exterior surfaces weathered with dirt and grime, or which are peeling, or flaking shall be painted or covered with approved protective coating or surface.
      (4)   Presentation of evidence that all exterior surfaces have, not more than five years prior to the date of inspection, been properly prepared and painted with at least one coat of good exterior paint or covered with other approved protective coating or surface shall be prima facie evidence of the exterior being in good condition.
   (F)   Infestation by pests. All commercial and industrial buildings and the premises thereof shall be maintained free from sources of breeding, harborage and infestation by insects, vermin, or rodents.
   (G)   Exterior property areas. No owner or operator of any premises shall maintain or permit to be maintained at or on the exterior property areas of the premises any condition which deteriorates or debases the appearance of the neighborhood; or reduces property values in the neighborhood; or creates a fire, safety, or health hazard; or which is a public nuisance; including but not limited to the following:
      (1)   Broken or dilapidated fences, walls, or other structures.
      (2)   Broken, uneven, or improperly maintained walks, driveways, parking lots, or storage areas.
      (3)   Out of use or non-usable equipment, dilapidated motor vehicles or parts thereof.
      (4)   Materials placed at or on the premises in such a manner as to be patently unsightly, grotesque, or offensive to the senses.
      (5)   All parking lots shall be properly maintained free of potholes, broken curb stops, cracks and visibly striped.
   (H)   It shall be unlawful to allow the growth of grass and weeds to exceed a height of 12 or more. Under such circumstances the business or owner shall be notified by certified mail of said offense and given three-day notice upon receipt to make amends. If the weeds or grass are not cut within three days of receipt of notice, employees shall have the right to enter the premises and cut them down. The offending party shall then be billed for the cost of this procedure. If said party does not pay the bill within 30 days of receipt, the amount of the bill shall be placed upon the real estate tax and shall be a lien upon the land involved.
      (1)   All landscaping shall be regularly cut and pruned. Any landscape material that dies shall be immediately replaced with new landscaping of a similar size and species unless it creates a detriment or hazard.
   (I)   Secondary or appurtenant structures. All secondary or appurtenant structures such as sheds, barns, garages, and the like, shall either be maintained in good repair and free from health, accident and fire hazards or shall be removed from the premises.
(Ord. 2022-25, passed 3-21-2022)