(A) All commercial premises shall be maintained in a state of good repair that prevents further decay from wind, rain, and external weather and reasonably secures the building from any unauthorized entry by humans, animals or birds. All commercial premises shall be free of nuisances and any hazards to the safety of occupants, customers or other persons utilizing the premises or to pedestrians and/or vehicles passing thereby, and shall remain in compliance with all enforceable state and/or local building and fire codes. Without limitation of the foregoing requirement, the existence of any of the following conditions shall be deemed to be a violation of this section and must be corrected:
(1) Such damage by fire, wind or other causes as to render the building unsafe;
(2) Dilapidation, decay, unsanitary conditions or disrepair, which is dangerous to the health, safety and welfare of the occupants or other people in the city;
(3) Defects significantly increasing the hazards of fire, accident or other calamities; or
(4) Any violation of the city fire prevention code which constitutes a condition which is unsafe and/or especially dangerous to life;
(B) To facilitate and ensure that the conditions listed above are satisfied, all owners and/or tenants of commercial premises shall be required to comply with the following:
(1) Commercial waste. Control the accumulation of garbage, trash, or rubbish, which creates health and sanitation concerns. All garbage and solid waste, including cigarette butts, shall be disposed of in approved containers in a safe and sanitary way;
(2) Sidewalks. Remove ice, snow, leaves, dirt or other natural waste from sidewalks on a regular basis. All waste shall be disposed of in approved containers or neatly placed at the back of curb for sanitation service pick up;
(3) Structures. Remove all broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or other dangerous objects or similar hazardous conditions immediately. Exterior surfaces shall be maintained in such material or treated in such a manner as to prevent deterioration and shall be repaired or replaced with like or similar material according to its original use. Approval must be received from the Elizabeth City HPC for historical structures with proposed material changes; Prompt repairs of broken glass to previous or original condition, wooden frames or hard surface materials should be completed in short term to maintain the appearance and safety of the building;
(4) Loose building objects and appurtenances. Objects and elements protruding from building walls, roof and environs which are unsafe or not properly secured or which can create a hazard must be removed. For example, abandoned electrical boxes and conduits, wires, sign brackets, advertising sign structures, attached or freestanding awnings, marquees and their supporting members and other similar attachments and structures shall be maintained in good repair and shall not cause a safety hazard to the occupants, pedestrians or other residents of, or visitors to the city;
(5) Exterior porches, balconies, and fire escapes. All exterior porches, landings, balconies, stairs and fire escapes shall maintain the bannister height required by applicable fire and/or building code. They shall be maintained to minimize the hazard of falling, and the same shall be kept structurally sound, in good repair and free of defects;
(6) Storm water appurtenances. Loose gutters and downspouts shall be replaced or repaired as necessary and shall be appropriately located so as not to drain across the sidewalk, or cause a hazard to pedestrian, vehicular traffic or adjacent or nearby property;
(7) Secondary structures. Attached or unattached accessory structures shall be kept in good repair and not cause a safety hazard;
(8) Windows. Loose windows must be repaired and have sashes of proper size and design and shall be free from rotten wood, broken joints or broken or loose mullions. Broken or cracked glass that could be in danger of falling or shattering shall be removed. Covering an opening left by broken glass with sheets of wood will not be permitted for more than 30 days. Temporary boarding materials, including wood and paper, shall be replaced immediately, unless a valid building permit has been issued for the property and renovation activity has occurred within 30 days, as noticed by the building inspector and/or code enforcement officer.
(9) Walls. Where a wall of a building has become exposed as a result of demolition of adjacent buildings, said wall must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed or bricked so as to render the wall no longer a potential threat to the public health, safety and welfare and to ensure that the wall does not detract from the aesthetics and value of adjacent property and weatherproofed, if necessary, due to the construction or construction material to prevent deterioration of the wall. The party causing the exposure of the wall shall bear the obligation of compliance with this division.
(10) Painting. All exterior surfaces which have been painted shall be maintained free of peeling and flaking. Where 10% or more of the aggregate of any painted surface shall have peeling or flaking or previous paint worn away, the entire wall shall be repainted.
(2005 Code, § 10-87) (Ord. passed 4-6-1998; Ord. 2016-03-02, passed 3-28-2016; Ord. 2017-02-02, passed 2-13-2017)
Cross-reference:
Cleaning sidewalks, see § 152.12