1375.09  ROOFS, GUTTERS, DOWNSPOUTS AND CHIMNEYS.
   (a)   Roofs of commercial structures shall be maintained weathertight and shall be equipped with gutters and downspouts connected to a public storm sewer. However, these requirements may be waived for existing buildings in a case where the Building Commissioner finds unreasonable hardship and finds that the drainage does not cause excessive erosion or water damage or does not create a nuisance on public or private property.
   (b)    As an alternate to the requirements set forth in Section (a), one or more downspout(s) may be diverted into an approved rain barrel provided that overflow from such appurtenance is directed back into the downspout. Rain barrels shall be covered at all times and shall not cause a public or private nuisance. Rain barrels shall not be installed in the front or side yard setbacks, but are to be located only on rear yard downspouts. Rain barrels are to be positioned adjacent to the rear of the dwelling structure so as not to be visible from the public right of way. Only one rain barrel may be installed at each rear yard downspout. Rain barrel installations require the review and approval of the Building Commissioner and Staff Engineer. Plans submitted for review and approval shall include details of the type, size and location of the rain barrel, including the method of connecting the overflow back to the downspout along with a landscaping plan if necessary to screen the rain barrel from view from the public right of way.
   (c)   Chimneys of commercial structures shall be maintained structurally sound and in good repair. For purposes of this section, "structurally sound and in good repair" means that a chimney is free of deteriorated, loose or missing mortar and broken, missing or deteriorated bricks or other appropriate building materials, that the seal to the structure is weathertight and that the interior is clean and able to efficiently conduct smoke and gases to the exterior of the structure. Chimneys which have been painted shall meet requirements set forth in Section 1375.10(c).
   (d)   The following items, among others not specifically enumerated, may be maintained in good repair in accordance with all applicable codes and be inspected to determine:
      (1)    That required gutters and downspouts are maintained in good repair;
      (2)    That rain barrels are properly constructed, reconnected to the downspout and landscaped as required;
      (3)    That splash boxes and French drains are properly routed;
      (4)    That gutters are free of blockage and drain water efficiently;
      (5)   That gutters and downspouts are not damaged, deteriorated, hanging, loose or insecure;
      (6)    The proper seal of downspouts to the crocks;
      (7)    The condition of the roofing material;
      (8)    That branches and other live materials are absent from roofs;
      (9)   That flashing is not separated from the roof material, or loose or deteriorated;
      (10)    The condition of underhangs or soffits to be maintained and that such are weathertight.
      (11)    The condition of parapets; and
      (12)    That all chimney caps are secure and whole.
         (Ord. 1992-114. Passed 11-16-92; Ord. 2009-86. Passed 10-19-09.)