(A) Every structure and the premises on which it is situated in the city used or intended to be used for commercial, business, institutional or industrial purposes shall comply with the provisions of this section, whether or not the structure shall have been constructed, altered or repaired before or after the enactment of this chapter. This section establishes certain minimum standards for the initial and continued occupancy and use of all such structures and does not replace or modify standards otherwise established for the construction, repair, alteration or use of the structure, the premises or the equipment or facilities contained in the structure or on the premises.
(B) No person shall maintain or operate any commercial, business, institutional or industrial structure which does not comply with the following minimum standards.
(1) Maintenance of exterior. The exterior of the premises and of all structures thereon shall be kept free of all nuisances and any hazards to the safety of occupants, customers, pedestrians and other persons utilizing the premises, and free of insanitary conditions, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty or the owner or operator to keep the premises free of hazards which include, but are not limited to, the following:
(a) Brush, weeds, broken glass, stumps, roots, obnoxious growths and accumulations of filth, garbage, trash, refuse, debris and inoperative machinery;
(b) Dead and dying trees and limbs;
(c) Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on or striking persons in the vicinity thereof;
(d) Holes, excavations, breaks, projections, obstructions and excretions of pets and other animals on paths, walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to or used by persons on the premises;
(e) Sources of infestation;
(f) Foundations, floors and walls which are not structurally sound;
(g) Chimneys and flue and vent attachments which are not safe. durable, smoke-tight and capable of withstanding the action of flue gases and heat; and
(h) Exterior porches, landings, balconies, stairs and fire escapes which are not provided with banisters or railings properly designed and maintained to minimize the hazard of falling.
(2) Appearance of exterior. The exterior of the premises and the condition of accessory structures shall be maintained so that the appearance of the premises and all buildings thereon shall reflect a level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted as part of a plan of minimum property standards of the city and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood, including the following:
(a) Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed;
(b) All permanent signs and billboards exposed to public view, permitted by reason of other regulations or as a lawful nonconforming use, shall be maintained in good repair. Any signs which have excessively weathered or faded or those upon which the paint has excessively peeled or cracked shall, with their supporting members, be removed or put into a good state of repair. All nonoperative or broken electrical signs shall be repaired or shall, with their supporting members, be removed;
(c) All windows exposed to public view shall be kept clean and free of marks or foreign substances, except when necessary in the course of changing displays;
(d) All storefronts and walls exposed to public view shall be kept in a good state of repair;
(e) Except for “For Rent” or “For Sale” signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or windows or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it is erected or within 60 days after erection, whichever shall occur sooner; and
(f) Any awning or marquee and its accompanying structural members which extend over any street, sidewalk or any other portion of the premises shall be maintained in a good state of repair. If the awnings or marquees are made of cloth, plastic or of a similar material, the cloth or plastic where exposed to public view shall not show evidence of excessive weathering, discoloration, ripping, tearing or other holes. Nothing in this subsection shall be construed to authorize any encroachment on streets, sidewalks or other parts of the public domain.
(3) General maintenance. The exterior of every structure or accessory structure shall be maintained in a good state of repair and all surfaces thereof shall be kept painted or whitewashed where necessary for purposes of preservation and appearance. All surfaces shall be maintained free of broken glass, loose shingles, crumbling stone or brick, excessive peeling paint or other conditions reflective of deterioration or inadequate maintenance. In addition, the following requirements shall be met:
(a) Floors, interior walls and ceilings of every structure shall be structurally sound and maintained in a clean and sanitary condition;
(b) All roofs shall have an approved covering free of holes, cracks or excessively worn surfaces which will prevent the entrance or moisture into the structure and provide reasonable durability. Metal roofs showing signs of corrosion shall be painted with an approved product applied in accordance with the manufacturer’s specifications;
(c) Every room open to the public or in which persons are employed and every public hall and stairway in every structure shall be adequately lighted at all times that the structure is in use or open to the public. Unless otherwise provided by law, adequate lighting, for the purpose of this subsection, shall mean not less than five foot-candles, measured at any point on the floor of a room, hall or stairway;
(d) Every structure shall have an unobstructed means of egress leading open space at ground level;
(e) Washroom and water closet compartment floors shall be surfaced with water-resistant materials and shall be kept in a dry, clean and sanitary condition at all times;
(f) Supporting structural members are to be kept structurally sound. free of deterioration and capable of bearing imposed loads safely;
(g) Walls and ceilings shall he maintained in a good state of repair. Walls shall be provided with paint, paper, sealing material or other protective covering and shall be kept clean, free of visible foreign matter and well-maintained at all times;
(h) Every washroom and water closet compartment shall be provided with permanently installed artificial lighting fixtures with a switch and wallplate so located and maintained that there is no danger of short-circuiting from water or plumbing;
(i) All premises shall be properly connected to electric power through safely insulated conductors conforming to the building code;
(j) All wiring or cables shall be properly affixed or attached to the structure and kept in a good state of repair. No loose cords or loose extension lines in excess of six feet in length shall be permitted and no ceiling or wall fixture shall be used for supplying power to equipment other than that for which they are designed;
(k) Garbage storage containers or garbage disposal facilities shall be provided and maintained for the disposal of garbage at every occupied structure; and
(l) Inflammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the tire department and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations of the fire department;
(4) Security requirements. All buildings shall be secured to prevent unauthorized entry when unoccupied or unattended by maintenance or security personnel except buildings used for public assembly which are required to be equipped with exit doors with panic hardware. Public buildings equipped with approved photoelectric, ultrasonic or other intrusion detection devices shall be kept in good working condition.
(5) Duties and responsibilities. The owner of a structure shall be responsible for maintaining the minimum standards required by this section unless his/her lease with the operator provides otherwise. In any event, the operator shall be responsible for:
(a) Keeping all parts of the premises under the control of the operator in a clean and safe condition and the operator shall refrain from performing any acts which would render other parts of the premises unclean, unsanitary or unsafe or which would obstruct the owner from performing any duty required by this section;
(b) The elimination of infestation in and on the premises subject to his or her control; and
(c) Maintaining all plumbing fixtures used by the operator in a clean and sanitary condition and he/she shall not deposit any material in any fixture or sewer system which would result in stoppage of or damage to the fixture or sewer system.
(Ord. 1283-15, passed 10-26-15) Penalty, see §
95.99