(A) Intent and scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for the maintenance of structures, equipment and exterior property. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this chapter. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition, as provided herein, so as not to cause a blighting problem or adversely affect the public health or safety.
(B) Maintenance requirements. Properties subject to this section shall be kept in compliance with the following maintenance requirements.
(1) Storage of materials and containers. No materials of any type, or storage containers, shall be kept or stored on the interior of any premises, unless the storage of such materials or containers otherwise complies with all applicable laws and regulations.
(2) Protective treatment. All exterior surfaces, including but not limited to, doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Masonry shall be repointed, as necessary, to prevent bricks or members from falling or coming out. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering, cladding or treatment. Peeling, flaking and chipped paint shall be eliminated, and surfaces repainted. All siding and masonry joints, as well as those between the building or structure envelope, and the perimeter of windows, doors and skylights, shall be maintained weather-resistant and watertight. All metal surfaces subject to rust or corrosion shall be coated to inhibit rust and corrosion. All surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
(3) Premises' identification. All primary buildings shall have approved address numbers placed in a position, and of such size, to be plainly legible and visible from the street or road fronting the property. Address numbers shall be Arabic numbers or alphabet letters. The numbers used shall be made of durable and visible material, which contrasts with the background material upon which it is placed.
(4) Structural members. All structural members shall be maintained free from deterioration and shall be capable of safely supporting imposed dead and live loads.
(5) Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks, and shall be in such condition as to prevent the entry of rodents and other pests.
(6) Exterior walls. All exterior walls shall be free from holes, breaks and loose or rotting materials, and maintained weatherproof and properly surface-coated where required to prevent deterioration.
(7) Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. The roof shall not contain more than two roof coverings. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions.
(8) Decorative features. All cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be maintained in good repair, with proper anchorage and in a safe condition.
(9) Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, including all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
(10) Chimneys, flues, vents. There shall be no chimneys, or parts thereof, that are defective, deteriorated or in danger of falling or in such condition or location as to constitute a fire hazard. All chimneys, flues and vent attachments thereto shall be maintained structurally sound. Chimneys, flues, gas vents or other draft-producing equipment in use shall provide sufficient draft to develop the rated output of the connected equipment, and shall be structurally safe, durable, smoke-tight and capable of withstanding the action of flue gases.
(11) Handrails and guards. All exterior porches, landings, balconies, stairs and fire escapes, and the like, shall be provided with banisters, railings or guards, which are properly designed, firmly fastened, capable of supporting normally imposed loads, and maintained in good condition to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free of defects.
(12) Windows, skylights and doors. Every window, skylight, door, and frames thereof, shall be in sound condition, good repair and weather-tight. There shall be no cracks, holes or open spaces around window and door frames. All glazing materials shall be maintained free from cracks and holes. Windows and doors shall be maintained free from broken or missing glass. Broken or missing glass may not be replaced with material other than glass. Every window, other than a fixed window, shall be easily operable and capable of being held in position by window hardware. Voids within exterior walls created for the purpose of, or having once contained a window or door, shall not remain without a window or door. Exterior windows, exterior spaces missing or partially missing windows, exterior doors and exterior spaces missing or partially missing doors in buildings, whether vacant or occupied, shall not be covered with masonry or other similar material, and shall be filled with a window or door. Glazing shall not be painted in opaque paint, except for signage meeting the requirements of the zoning ordinance. Windows within the same building shall match in terms of material and general design.
(13) Shutters. As an alternative to a glass window, shutters can be allowed on the second floor of a two-story building/ structure, and on the third floor of a three-story building. Additionally, the shutters shall be of a durable material and of a style, material and color as to match the color, material, historical nature and architectural style of the building/ structure.
(14) Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units in a building/structure shall tightly secure the door.
(15) Basements. All crawlspace doors, basement doors and hatchways shall be maintained to prevent entry, and all entrances to dwellings units shall tightly secure the door.
(16) Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, storm windows or other approved protection against the entry of vermin.
(17) Egress. Every building shall be provided with adequate means of egress as required by the State Building Code. Every dwelling unit shall be provided with adequate means of egress as required by the State Residential Code.
(18) Building security. The property shall be maintained in a secure manner so as not to be accessible to unauthorized persons. This includes, without limitation, the closure and locking of windows, doors (including but not limited to, walkthrough, sliding and garage doors), gates, pet doors and any other such opening of such size that it may allow a child to access the interior of the property or structure(s). Doors, windows or hatchways for buildings shall be provided with devices designed to provide security for the occupants and property within. Basement hatchways that provide access to buildings shall be equipped with devices that secure the unit from unauthorized entry.
(19) Loose materials. The building and environs surfaces shall be kept clear of: cracked or broken glass; loose shingles; loose wood; crumbling stone or brick; loose, broken, tattered or torn plastic; or other dangerous objects or similar hazardous conditions.
(20) Exterior surface maintenance. Exterior surfaces shall be maintained in such material or treated in such a manner as to prevent deterioration.
(21) Rubbish. Buildings and environs shall be kept clear of accumulations of garbage, trash, or rubbish that create health and sanitation problems. All garbage and solid waste shall be in approved containers or stored in a safe and sanitary way.
(22) Overhanging and protruding objects. The building and environs shall be kept free of loose and insufficiently anchored overhanging objects that constitute a danger of falling on persons or property. The building and environs shall be kept free of objects and elements protruding from building walls, roof and environs that are unsafe or not properly secured, or that can create a hazard such as abandoned electrical boxes and conduits, wires, sign brackets and other brackets and similar objects.
(23) Holes and breaks in walking surfaces. The environs shall be kept free of insufficiently protected holes, excavations, breaks, projections, obstructions and other dangerous impediments on and around walks, driveways, parking lots and other areas accessible to and generally used by persons on the premises.
(24) Gutters and downspouts. Gutters and downspouts shall be replaced or repaired as necessary and shall be appropriately located so as not to cause a hazard to pedestrian, vehicular traffic or property.
(25) Drainage. All yards and environs shall be properly graded and maintained so as to obtain thorough drainage, and prevent the accumulation of stagnant water.
(26) Accessory structures and appurtenances. Attached and unattached accessory structures and appurtenances shall not cause a nuisance or safety hazard.
(27) Signs. Advertising sign structures, attached or freestanding, awnings, marquees and their supporting members, and other similar attachments and structures shall not cause a nuisance or safety hazard.
(C) Registration.
(1) Any vacant commercial property located within B-l and B-2 Business Districts must be registered by the owner with the town's Planning Department, either:
(a) By the owner's own accord before receiving a notice of registration requirement; or
(b) Within 30 days of the owner receiving a notice of registration requirement.
(2) The town will send a notice of registration requirement to the owner of record of properties that are vacant. The owner shall register property within the time period set forth in division (C)(1) of this section, unless the owner can provide clear and convincing evidence to the Planning Department Director, or his or her designee, within such time period, that the property is not vacant.
(3) The registration shall contain:
(a) The name of the owner (corporation or individual);
(b) The direct street/office mailing address of the owner and post office box, if applicable; and
(c) A direct contact name and phone number.
(4) Any changes in the information in division (C)(3) of this section shall be reported to the Planning Department within 30 days of such changes.
(5) Registration must be renewed annually.
(6) Vacant properties shall remain subject to the annual registration, maintenance, and security requirements of this article as long as they remain vacant.
(7) Once the property is no longer vacant or is sold, the owner must provide written proof of occupancy or sale to the Planning Director.
(8) Registration of a vacant commercial property does not excuse the owner from compliance with any other applicable ordinance, regulation or statute, without limitations, with regard to the owner's vacant property. By accepting an owner's registration, the Planning Department has not determined that the vacant property being registered is in compliance with an applicable, local or state regulation or law.
(D) Fees. Effective immediately following the adoption of this code, an annual registration fee of $50 shall be collected upon registration of the vacant property, and collected annually on the renewal of the registration. Fees will not be prorated.
(E) Exemptions.
(1) A vacant commercial property that is actively listed (including signage affixed to the property) and offered for sale or lease for a period of no more than one calendar year shall be exempt from the annual vacant commercial property registration fee, subject to the following condition:
(a) The exemption can be extended for an additional year upon proof of good faith marketing of the property compliant with all applicable town ordinances.
(2) A vacant commercial building that is being renovated under an active building permit for the purpose of preparing it for occupancy shall be exempt from the annual vacant building registration fee, subject to the following conditions:
(a) The property owner can demonstrate that the work being performed is pursuant to the acquired permit for the preparation of occupancy, lease or sale; and
(b) Inspections for the work covered under the permit are requested on at least a monthly basis.
(3) A vacant commercial building that has been purchased within 90 days of receiving a notice of registration requirement. Properties meeting this exemption will be given 12 months to start rehabilitation or action to occupy the buildings. A work plan of action shall be submitted, along with the property registration form, outlining the work being planned and an estimated date of completion/ occupation.
(Ord. 18-19-09, passed 10-8-18; Am. Ord. 18-19- 21, passed 6-10-19; Am. Ord. 19-20-10, passed 12-9-19)