The parties in interest of non-residential buildings and structures shall have responsibility for, and shall ensure that such buildings and structures under their ownership or control are maintained in compliance with the following minimum standards of maintenance, sanitation, and safety.
(A) The premises shall be kept free of all nuisances and any hazards to the safety of occupants, customers, and other persons utilizing the premises and to pedestrians and/or vehicles passing thereby, including but not limited to the following conditions in or about such building or structure.
(1) Interior walls or vertical studs that list, lean, or buckle to such an extent as to render the building unsafe.
(2) Supporting member(s) that show 20% or more damage or deterioration or non-supporting enclosing or outside wails or coverings that show 25% or more damage or deterioration.
(3) Floors or roofs that have improperly distributed loads, which are overloaded, or which insufficient strength to be reasonably safe for the purpose used.
(4) Damage by fire, wind, or other causes that renders the building unsafe.
(5) Dilapidation, decay, unsanitary conditions, or disrepair that is dangerous to the health, safety, or general welfare of the occupants or other persons within the community.
(6) Inadequate or obstructed facilities for egress in case of fire or panic.
(7) Defects that significantly increase the hazards of fire, accident, or other calamities.
(8) Lack of adequate ventilation, light, heating, or sanitary facilities to an extent that may endanger the health, safety, or welfare of the occupants or other persons in the community.
(9) Lack of proper electrical, heating, or plumbing facilities that create a health or safety hazard.
(10) Violation of the Fire Code or other conditions that constitute a fire hazard in the building or on the premises, such as (by way of example and not limitation) the accumulation of garbage, rubbish, hazardous liquids, or other combustible material.
(11) Garbage, trash, or rubbish in or near the building, structure, or premises that is likely to attract or become a breeding place for rodents, insects, or other vermin.
(B) The premises are free of loose and overhanging or leaning objects that constitute a danger of falling on persons on the premises or in the vicinity thereof.
(C) The premises are free of holes, excavation, breaks, projections, or obstructions within buildings or other structures and on walks, driveways, parking lots, parking areas, and other parts of the premises that are accessible to and used by persons on the premises.
(D) The exterior of the building, structure, and/or premises is in good repair and free from deterioration, so as not to constitute a nuisance.
(E) All surfaces are maintained free of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or vinyl, other dangerous objects, or similar hazardous conditions.
(F) All floors, interior walls, and ceilings of every building or structure are structurally sound and are maintained in a good condition compatible with the intended use and in a manner that does not constitute a hazard to the public.
(G) There are no structures attached or unattached to the principal structure that are found to be hazardous, in poor repair, or structurally deficient.
(H) There are no objects or elements on or protruding from building walls or roofs or the surrounding premises, such as empty electrical or other conduits, open pipes, unused sign brackets, which constitute potential safety hazards.
(I) All foundation walls are kept structurally sound and capable of bearing loads safely.
(J) Building walls that have become exposed as a result of the demolition of adjacent buildings (a) have all doors, windows, vents, or similar openings secured with material of the same type comprising the wall, (b) have no protrusions or loose material that constitute a hazard, (c) are painted, stuccoed, or bricked so as not to detract from the adjacent property, and (d) are weatherproofed to prevent deterioration of the wall.
(K) All windows are tight fitting, have sashes of proper size and design, do not have rotten wood, broken joints, or broken or loose mullions, and do not have broken or missing glazing.
(L) All windows are maintained free of broken glass, in a manner that insures that at least 80% of the total surface of the glass is free of cracking.
(M) All openings originally designed as windows are maintained as windows, complete with sills, lintels, frame, and glass, unless the fire chief approves enclosure of the window in a manner that appropriately fills the space and is weatherproof.
(N) All exterior surfaces that require painting or dealing to protect the underlying surface from deterioration are kept properly painted or sealed.
(O) All exterior surfaces that have been painted are maintained free of peeling and flaking paint or stucco and entire walls are scraped and repainted or recovered if 30% or more of the aggregate area of any painted or stuccoed wall has peeling or flaking paint or stucco that is worn away.
(P) All doors or other pedestrian or service openings are maintained in good repair, capable of being safely secured, all door frames have appropriately designed and installed doors, and no openings are left open or unsecured after hours in a manner that may constitute an attractive nuisance to persons (adults or children), animals, or vermin.
(Q) All advertising structures and their supporting members are maintained in good condition and do not constitute a nuisance or safety hazard. All signs, active or inactive, and their supporting members are kept in sound repair (or if not, removed). All sign surfaces are maintained in legible condition, free of cracks, rips, holes, or other deterioration that diminishes their function or creates unsightly conditions.
(R) All light poles or other vertical poles or frames and their supporting members are maintained in sound condition, do not constitute a nuisance or safety hazard, and have their exterior surfaces maintained in a properly painted or sealed condition to avoid peeling, flaking, or rust.
(S) All washrooms and water closet compartment floors are surfaced with water-resistant materials, kept in a dry and sanitary condition, and are provided with permanently installed artificial lighting with a switch and wall plate located in a manner that does not create a danger of short circuiting.
(T) Flammable or combustible liquids or substances are not kept in a container and a location in compliance with the codes of the National Fire Protection Association.
(U) Chimneys, flues, and vent attachments are maintained in a structurally sound manner, are durable, are smoke-tight, are capable of withstanding the action of flue gases, and provide sufficient draft.
(V) Exterior porches, landings, balconies, stairs, ramps and fire escapes are provided with properly designed, structurally sound, defect-free and properly maintained banisters or railings. Interior stairs and landings are properly maintained and structurally sound.
(W) Gutters and downspouts are securely installed and appropriately located in a manner that does not create hazards to pedestrians or vehicular traffic.
(X) Parking lots and all curbing, surfacing, sidewalks, and other appurtenances are maintained free of broken or cracked surfaces, holes, or other hazardous conditions; repairs are made with appropriate materials. Curb cuts that are abandoned due to new construction, changes in access, or other causes are closed and replaced with curb and gutter compatible with adjoining curb areas and sidewalks are installed in accordance with municipal design standards.
(Y) Any required landscaping is maintained consistent with the original landscaping plan. Landscaping is kept in good condition, does not obstruct pedestrian walkways, vehicle movement areas, or signs, and does not constitute a vehicle sight distance obstruction, a safety hazard, or a place of potentially dangerous concealment.
(Ord. 2011-05, passed 1-18-11)