§ 92.35 MAINTENANCE.
   (A)   Care of buildings and grounds.
      (1)   The owner of any neglected vacant building or residential structure shall take such steps and perform such acts as may be required of him or her from time to time to ensure that the building and its grounds remain safe and secure and do not present a hazard to the adjoining property or the public.
      (2)   Owners shall be responsible for maintaining their buildings and structures so that they comply with all applicable building codes and do not deteriorate into nuisances as defined in Chapter 90.
   (B)   Maintenance of exterior. The owner shall protect and maintain the exterior of the building or residential structure as follows.
      (1)   Exterior walls, including foundations, will be maintained so that water does not penetrate into basements, cellars or other interior areas. All exterior walls and foundations must be free of holes and crevices.
      (2)   Exterior doors, windows, skylights and similar openings will be maintained weathertight.
      (3)   Exterior stairs, porches, entrance platforms, fire escapes and the railings thereon shall be maintained in a safe and sound condition.
      (4)   Roofs shall be maintained in weathertight condition.
      (5)   Exterior surfaces shall be maintained in good condition. Surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative.
      (6)   The coverings for windows and doors with glass may not consist of any substance sprayed onto the glass doors or windows. All enclosures shall be properly fitted and be of such material and surface that they are neither unsightly, nor will materially detract from the general appearance of the building or the neighborhood and, when possible, secured by normal means.
      (7)   The coverings for broken doors and cracked or broken windows may consist of replacement glass, plexiglass, boards, plywood or similar materials finished and maintained in compliance with applicable building codes. The materials will be designed and of such color so as to blend in with the finish of the building.
      (8)   The premises shall be kept free of insects and vermin and will be treated if necessary.
      (9)   Any excavation, swimming pool or other attractive nuisance must be filled in or properly closed in compliance with applicable building codes.
      (10)   All combustible items must be removed and swept clean from the premises within the first 30 days of registration.
   (C)   Standards for commercial and retail buildings. In addition to the standards prescribed in divisions (A) and (B) above, vacant commercial and retail buildings shall comply with the following standards.
      (1)   The coverings for broken doors and cracked or broken windows may consist of replacement glass, plexiglass, boards, plywood or similar materials finished and maintained in compliance with applicable codes. The material shall be designed and of such color so as to blend in with the finish of the buildings.
      (2)   All exterior signs, awnings and lighting systems, if not removed, shall be maintained in a non-deteriorated and safe condition.
   (D)   Maintain interior of buildings. The owner shall protect and maintain the interior of the building as follows.
      (1)   Structural members will be maintained to resist and prevent deterioration.
      (2)   Unheated attics, spaces below flat roofs and crawl spaces will be ventilated to minimize deterioration.
      (3)   Ceilings, walls, floors and stairways will be maintained in a non-deteriorated and safe condition.
   (E)   Maintenance of premises. The owner shall maintain the premises as follows.
      (1)   The owner shall not permit garbage and refuse to accumulate.
      (2)   The owner shall maintain yards and vacant lots trimmed and mowed, with the height of grass and weeds being no more than 12 inches, and clean and free of physical hazards, and rodent harborage and infestation as required by §§ 90.30 through 90.34.
      (3)   Buildings and structures will be maintained free of insects, vermin and rodent harborage and infestation.
      (4)   Refrigerators and similar equipment with locking mechanisms will not be discarded, abandoned or stored at the premises.
      (5)   Junked motor vehicles, as defined in § 91.02, and other illegal equipment or materials will not be stored at the premises.
      (6)   Chimneys, smokestacks, flues, gas vents, smoke pipes and connectors will be maintained structurally safe and smoketight.
      (7)   If the building or residential structure is to be demolished or remain vacant, then, within ten days of registering the building/residential structure as a vacant building or residential structure, all fuel gas, water and utilities must be disconnected at the mains and the water pipes drained. If the building or residential structure is going to be rehabilitated, then the building or residential structure must be heated to avoid freezing pipes; fuel gas pipe systems must be maintained gastight, safe and in working condition, and water pipes must be maintained to avoid leaks and/or breakage.
      (8)   Fuel tanks will be maintained so as not to be a hazard or will be disconnected in a manner consistent with the International Fire Code.
      (9)   The domestic water supply system of the building will be connected to an approved source, will not be subject to contamination and will not be connected to unsafe water supplies, or the system will be disconnected at the main and completely drained.
      (10)    Stormwater drainage systems will be maintained so as to function properly and be kept free from obstructions, leaks and defects. Sewage systems will be similarly maintained or will be sealed so as to prevent accumulation of sewage gases in buildings.
      (11)   Electrical fixings, devices, wiring and systems will be maintained in safe working condition in a manner which will avoid a potential source of ignition or shock, or service will be discontinued.
      (12)   Elevators, dumbwaiters and escalators will be maintained or taken out of service in accordance with applicable provisions of the building code.
   (F)   Noncompliance by owner; town authority; assessment of costs.
      (1)   Whenever the owner of a neglected vacant building or residential structure fails to comply with a notice from an enforcement officer to take steps and perform acts as are required of him or her to ensure that a building or residential structure and its adjoining yards remain safe and secure and do not present a hazard to adjoining property, the town may, pursuant to an emergency, enter into the building or residential structure and the property and take steps and perform acts to render the building or residential structure and its adjoining yards safe, secure and free from hazards to adjoining property and the public.
      (2)   These acts will include, but not be limited to: removal of dangerous conditions; properly replacing or boarding up windows and doors; shutting off utilities; capping plumbing to prevent leakage of water or sewer gas; or removing flammable or otherwise hazardous material or debris; and mowing. A bill for the expenses incurred above will be presented to the owners of the building or residential structure consistent with the provisions outlined in this subchapter.
(Prior Code, § 4-5-6) (Ord. 182, passed 6-25-2012)