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(a) General Provisions.
(1) Every commercial structure and commercial unit shall meet all of the provisions and requirements of the official Zoning Code, Building Code, Fire Code and general offenses applicable to the structure and its intended and present use. Where these codes require the provision of a particular facility or equipment, or where they set a structural or installation standard, such related parts of every commercial structure and commercial unit shall be maintained to the minimum standard provided for in the applicable section of this Code or to the minimum standard provided for in the above codes, whichever standard is higher.
(2) The following commercial exterior property maintenance standards are applicable to all commercial structures, commercial units, and portions of mixed use structures which are devoted to commercial use, including all exterior and structural requirements, soundness and maintenance.
(b) Structural Soundness and Maintenance of Commercial Structures. Every foundation, floor, wall, ceiling and roof of every commercial structure shall be so constructed and maintained and be kept in good repair and in safe condition so as to make all occupied rooms and other interior areas weathertight, watertight, rodentproof, and so as to be fit for human use and so as to not adversely affect the neighborhood in which they are located. Good repair, maintenance and safe condition shall include but is not limited to the following:
(1) Foundations. Foundations shall support the building at all points and shall be free of all holes and cracks which admit rodents, water or dampness to the interior of the building or lessen the capability of the foundation to support the building.
(2) Exterior walls and surfaces. Exterior walls and other exterior surface materials shall be free of holes, cracks, loose or rotting boards and timbers or any other condition which might admit rodents, rain or dampness to the interior of the dwelling.
(3) Windows. Windows shall be fully supplied with window glass or an approved substitute which is glazed and is without open cracks or holes, shall have sashes in good condition which fit within frames, and be maintained so as to exclude adverse weather elements from entering the structure.
(4) Exterior doors. Doors shall be maintained so as to be structurally sound, fit within frames so as to be weatherproof, wind-proof, and waterproof and be provided with door hinges and door latches which are in good working condition.
(5) Roof. Roof members, covering, and flashing shall be structurally sound and tight so as to prevent the entrance of moisture and be maintained by renewal, repair, waterproofing, or other suitable means. Roof drainage shall be adequate to prevent rain water from causing dampness in the interior portion of the building or adversely affect adjacent properties.
(6) Gutters. Rain gutters, downspouts, leaders or other means of water diversion shall be provided to collect/conduct and discharge all water from the roof and be maintained so as not to lead or cause dampness in the walls, ceiling, or basements or adversely affect adjacent properties.
(7) Chimneys. Chimneys shall be free of cracks, holes, or missing portions and be maintained in sound condition.
(8) Porch. Every porch shall be constructed and maintained so as to be free of missing, defective, rotting, or deteriorated foundations, supports, floors, other members, and steps thereto, so as to be safe to use and be kept in sound condition and in good repair.
(9) Structural member. Any structural member of a structure which has become deteriorated or damaged to the extent that is does not serve the purpose originally intended shall be repaired or replaced as is necessary to serve the purpose as originally intended.
(10) Exterior surface. Except for materials that have been designed or manufactured to remain untreated, all exterior wood, composition or metal surfaces shall be protected from the elements by paint or other protective covering. Surfaces shall be maintained so as to be kept clean and free of flaking, loose, or peeling paint or covering.
(11) Basement. Basement or cellar hatchways shall be so constructed and maintained as to prevent the entrance of rodents, rain, and surface drainage into the structure.
(12) Decorative features. All cornices, entablatures, bell 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.
(c) Exterior Property and Structure Exteriors. All buildings and the exterior of all premises shall be properly maintained to achieve a presentable appearance and to avoid blighting effects and hazardous conditions.
(1) Maintenance. The exterior of all premises and every structure thereon including but not limited to walls, roofs, cornices, chimneys, drains, towers, porches, landings, fire escapes, stairs, store fronts, signs, windows, doors, awnings, marquees, and all surfaces thereof, shall be maintained so as to avoid any blighting effects on neighboring properties and shall be painted or protected where necessary for the purpose of preservation. All canopies, marquees, signs, awnings, exterior stairways, fire escapes, standpipes, exhaust ducts, porches, balconies, and similar overhanging extensions, and their supporting structures where exposed to public view, shall be maintained in good condition and shall not show evidence of ripping, tearing, or deterioration. Prohibited and obsolete signs shall be removed or replaced pursuant to applicable sections of the City of Tallmadge Zoning Ordinance.
(2) Fences and walls. All fences, retaining walls, or similar structures shall be anchored firmly in the ground, shall be constructed in a workmanlike manner and maintained in that same manner so that such approved fences, retaining walls, or similar structures shall always be in the state of good structural repair. If any fence, retaining wall, or similar structure is found not to be in the state of good structural repair, it shall be removed, replaced, or repaired as required. Except when constructed of materials that have been designed or manufactured to remain untreated, all fences shall be treated periodically with paint or chemicals so as to retard deterioration.
(3) Yards. All yards, courts, and lots shall be kept, per Chapter 557, free of debris and other materials which may cause a fire, health or safety hazard, or general unsightliness.
(4) Hazards. Hazards and unsanitary conditions shall be eliminated.
(5) Drainage swales. Swales are to be maintained by the owners of the parcels on which they are located, and at no time will anyone plant shrubs and/or trees or discharge, empty, or place any material fill or waste into any swale so as to impede or divert drainage flow. Smaller swales can be mowed as part of the yard. Larger swales in meadow situations should be mowed less frequently in order to allow grasses to grow taller to retard runoff and prevent erosion. Swales in woodland areas should be left in their natural condition leaving understory growth to retard runoff and prevent erosion.
(6) Junk, inoperable, or unlicensed vehicle. No junk, inoperable, or unlicensed vehicle shall be located on any commercial property, except when stored within a completely enclosed building or in a manner in conformance with the City of Tallmadge Zoning Ordinance or in a manner in conformance with Section 303.10(b)(2) of these Codified Ordinances.
(7) Traffic markings. All traffic markings such as directional arrows, lane division lines, parking space lines, stop signs, etc., shall be maintained so as to be clearly visible and easily recognized.
(8) Conduct of business.
A. All business activity, except for off-street loading, shall be conducted within completely enclosed buildings or as otherwise permitted by the Tallmadge Zoning Code.
B. All storage of trash and garbage containers and/or dumpsters shall be effectively screened from view.
C. All storage of materials, goods, or products, including inoperable vehicles, shall be within a completely enclosed building. Exception: Those businesses which are permitted or conditionally permitted under the terms of the City of Tallmadge Zoning Ordinance to conduct business or maintain outdoor storage of materials, goods or products out-of-doors are excepted from compliance with this division.
(9) Exterior light fixtures. Exterior lighting fixtures over steps, paths, walkways, courts, drives and parking lots shall be neatly maintained in operable condition and lighted for sufficient periods of time before and after business hours to provide for pedestrian and employee safety and properly aimed so as not to shine on adjacent properties.
(10) Exterior stairways. All exterior stairways on all commercial premises shall be in accordance with the following provisions:
A. Stairways shall be maintained free of holes, grooves, and cracks which constitute a safety hazard;
B. Stairways shall be maintained free of rotted or deteriorated supports;
C. Stairways shall have treads of uniform width and risers of uniform height; and
D. Stairway handrails and/or railings shall be firmly fastened and maintained in good condition. Where the absence of handrails and/or railings create a hazardous condition, the Enforcement Officer may require their installation in accordance with the provisions of the Building Code.
(d) Accessory Structures. All structures accessory to commercial use, including signs and detached storage buildings, shall be maintained structurally sound, neatly maintained, and in good repair or shall be razed to grade level and debris removed from the premises. (Ord. 24- 2006. Passed 3-23-06.)