Subdivision III. - Maintenance

Sec. 4-326. - Compliance with requirements of this subdivision.#

No person shall occupy as owner-occupant or permit to be occupied by another any nonresidential structure which does not comply with the requirements of this subdivision.

(Rev. Ords. 1987, § 4-326)

Sec. 4-327. - Landscaping.#

All owners of nonresidential structures shall comply with this division and other landscaping requirements of this Revision. All trees located within public property which may have been caused to be removed, damaged or destroyed as a result of construction shall be replaced at the expense of the adjoining owner except when replacement would interfere with the normal course of the business or manufacturing operation. All trees, bushes or vegetation which overhang a public entrance shall be properly trimmed so as not to obstruct the movement of pedestrians or vehicles. All areas which are not covered by vegetation and are subject to the blowing of dust shall be treated so as to prevent the blowing of dust. All holes, pits, ditches and excavations whose diameter or length exceeds two feet and whose depth is one foot or more shall either be filled, covered or fenced in such a manner as to prevent injury to persons on premises. Premises shall be kept landscaped and lawns, hedges and bushes shall be kept trimmed and from becoming overgrown and unsightly where exposed to public view and where constituting a blighting factor depreciating adjoining property and impairing the good character of the neighborhood.

(Rev. Ords. 1987, § 4-327)

Sec. 4-328. - Driveways, sidewalks and parking lots.#

(a)

All sidewalks and driveways used as a public entrance shall be kept in a proper state of repair and free of all snow, ice, mud and other debris. If any sidewalk, driveway or parking lot or any portion thereof by virtue of its state of repair shall constitute a danger to public health and safety, the sidewalk, driveway, or parking lot or portion thereof shall be replaced.

(b)

The installation or construction of a new driveway or parking lot shall consist of six inches of processed gravel; 1½ inches of binder asphalt; and 1½ inches of finished asphalt. The repair or resurfacing of an existing driveway or parking lot must consist of a minimum of 1½ inches of asphalt overlay.

(Rev. Ords. 1987, § 4-328)

Cross reference— Streets and sidewalks, ch. 14.

Sec. 4-329. - Drainage.#

All portions of a premises shall be so graded that there is no pooling of water. All condensate and waste cooling water shall be discharged to the sewer system and shall not be discharged to the ground surface.

(Rev. Ords. 1987, § 4-329)

Sec. 4-330. - Garbage disposal.#

(a)

All nonresidential structures shall be maintained in compliance with chapter 6 of this Revision.

(b)

The operator of every establishment from the use of which arises, garbage, vegetable wastes or other putrescible materials shall provide and at all times cause to be used metal containers which shall be leakproof and provided with close fitting covers for the storage of such materials until removed from the premises for disposal. No such materials shall be stored, placed or allowed to be accumulated on the ground or on a floor or pavement or in any other place except in such containers. Sufficient containers shall be provided to hold all such waste materials accumulated between disposal times.

(c)

The operator shall make private arrangements to have such wastes which have strong objectionable odors or consist of offal, blood or other odorous food processing wastes disposed of and such disposal shall be carried out daily.

(Rev. Ords. 1987, § 4-330)

Cross reference— Garbage and refuse, ch. 6.

Sec. 4-331. - Dumpsters, trash containers.#

(a)

The operator or owner of every establishment of which the use necessitates the need for a dumpster or trash container to dispose of waste or materials other than putrescent matter, shall provide a covered container. No material or waste shall be allowed to be accumulated on the ground or allowed to overflow the dumpster. The operator or owner of the establishment shall make private arrangements to have the container emptied, with a schedule that shall assure that at no time the container will be allowed to overflow. All containers shall be in good operating condition, such as tops or doors operating with ease and a periodic painting schedule to eliminate an unsightly condition.

(1)

The owner and occupant of any dwelling shall be deemed to have allowed an unsanitary condition and a nuisance to exist whenever garbage, trash or debris at the dwelling is not contained, with the exception of roll-off container.

(b)

If it shall become necessary for the director of the department of public works or his/her appointee to issue a violation notice in writing to any operator or owner of any establishment that such owner or operator has caused a container to overflow, become inoperable or unsightly, such owner or operator shall be granted three days to have the dumpster emptied and/or repaired. Failure to comply with the violation notice will result in a $50.00 fine for each day the violation exists until the violation has been rectified.

(c)

If it shall become necessary for the director of the department of public works or his/her appointee to issue a second violation notice, within three months of the first violation notice, to the operator or owner of the establishment that he/she has caused a trash container to overflow, become inoperable or unsightly they shall be fined $100.00 for each day the violation exists, until the violation has been rectified.

(d)

If it shall become necessary for the director of the department of public works or his/her appointee to issue a third violation notice within six months of the first violation notice, to the operator or owner of the establishment that he/she has caused a trash container to overflow, become inoperable or unsightly. The fine for such violation of this section shall be $150.00 for each day the violation exists until the violation has been rectified. In addition, upon the third notice of violation, the director of the department of public works or his/her appointee can order that a six-foot stockade fence or other suitable fencing or enclosure be erected around three sides of the dumpster within 30 days of the third notice of violation.

(e)

Fencing or an enclosure will not be required if at the discretion of the director of the department of public works or his/her appointee, suitable land area is not available or that an enclosed dumpster will eliminate required parking spaces previously required by the zoning board of review, or that the enclosure would be within five feet of a property line. The director of the department of public works or his/her appointee shall then require that the dumpster be removed from the property within five days, and that the operator or owner of the establishment obtain metal containers with tightly fitted weatherproof metal covers. The approved metal containers shall be placed in an inconspicuous place on the property under the direction of the director of the department of public works or his/her appointee. Approved-type metal containers can and may be requested upon the first complaint of a dumpster overflowing, if in the opinion of director of the department of public works or his/her appointee, a dumpster will not conform with the intent of this section. Metal-type containers must be emptied before they overflow.

(Rev. Ords. 1987, § 4-331; Ch. 785, § III, 9-15-20)

Cross reference— Garbage and refuse, ch. 6.

Sec. 4-332. - Hazardous wastes storage and disposal.#

All accumulations of hazardous wastes (defined in section 19-1) at industrial or business establishments resulting from the manufacture, storage, and sale of any items shall be covered and secure from spilling off the site of the designated storage areas or from leaching into the ground under all weather conditions. Storage and disposal of hazardous wastes shall be in accordance with the Code of Federal Regulations, Title 40, Parts 262 and 265, as amended, state hazardous waste management regulations as amended and with sections 6-33 and 19-175.

(Rev. Ords. 1987, § 4-332)

Cross reference— Fire prevention, ch. 5; garbage and refuse, ch. 6.

Sec. 4-333. - Noxious weeds; overgrown yard; leaves; brush and debris.#

(a)

The owner or occupant of any land upon which there is any fallen or dead leaves; poisonous ivy; Jamestown, Jimson weed, or poisonous or dangerous weed or any wild growing weeds; shall cause such weeds/leaves to be removed within three days after receiving notice to do so from the chief inspector. "Weeds" means vegetation of such nature, which has reached such growth, and is present in such quantity, that it constitutes a substantial risk of one or more of the following hazards:

(1)

The vegetation, when dry, is or will be a fire hazard.

(2)

The vegetation is, or is naturally suited as a sheltering or breeding place for rats, mice, mosquitoes or other vermin or noxious insects.

(3)

The vegetation overgrows or spreads, over any road, alley, path, or sidewalk owned or open to the public to such extent as to obstruct, impede or interfere with the safe or convenient use or maintenance thereof.

(b)

The owner or occupant of any land upon which there exists overgrown vegetation that is more than six inches in height as measured from ground level shall cause such overgrown vegetation to be removed within three days after receiving notice so to do from the chief inspector. Overgrown vegetation shall mean grass, weeds, and other ground cover which has been allowed to be grown in an uncontrolled manner and are not regularly cared for and maintained.

(c)

The owner or occupant of any land upon which there exists natural debris shall cause such natural debris to be removed within three days after receiving notice so to do from the chief inspector. Natural debris shall mean yard clippings, leaves, branches or wood.

(d)

Whenever the owner or occupant fails to comply with an order to remove weeds, overgrown vegetation or natural debris and the city inspector determines that such weeds, overgrown vegetation or natural debris affects the health, safety and welfare of the surrounding neighborhood by eliminating a harbor for rodents, by decreasing dumping and littering, by eliminating fire hazards and by eliminating unsightly and unsanitary debris and by providing for the safe passage of pedestrians along sidewalk areas, the inspector may order the removal of the weeds, overgrown vegetation, or natural debris and access the whole cost incurred for such removal by imposing a lien on the property as provided or authorized by the law for the enforcement of common liens on property. Such lien will be recorded to ensure payment of such costs. The lien will not be removed until the city inspector has been fully reimbursed for the execution of the removal of the weeds, overgrown vegetation and natural debris. The owner or occupant will also be subject to a civil penalty of $25.00 for not complying with the order of removal.

(Rev. Ords. 1987, § 4-333; Ch. 24, § I, 5-19-98)

Sec. 4-334. - Rodent control and animal keeping.#

(a)

All nonresidential structures shall be maintained in compliance with sections 3-2, 3-6 and 3-31 and article II of chapter 7.

(b)

All premises and structures shall be maintained free of garbage, trash, debris or any material which would be conducive to infestation by mice, roaches or other insects or vermin.

(Rev. Ords. 1987, § 4-334)

Cross reference— Rodent control generally, § 7-26 et seq.

Sec. 4-335. - Storage areas.#

All open salvage yards and open storage as defined in section 19-1 shall be completely obscured from surrounding property by a solid screen not less than six feet in height.

(Rev. Ords. 1987, § 4-335)

Sec. 4-336. - Loading areas.#

All loading areas, automobile service stations and drive-in food establishments shall be paved with bituminous, concrete or equivalent surfacing, shall be free from dirt and other litter and shall be kept in good repair. When lighted for nighttime use, lights shall not be permitted to cast their direct light upon dwellings nearby.

(Rev. Ords. 1987, § 4-336)

Sec. 4-337. - Structures generally.#

Every nonresidential structure shall be kept in good repair and structurally sound by the owner. All wood, composition or metal siding shall be maintained weatherproof and shall be properly surface coated when required to prevent deterioration.

(Rev. Ords. 1987, § 4-337)

Sec. 4-338. - Windows, doors, etc.#

All windows exposed to public view shall be kept clean and in a state of good repair. No storage of materials, stock or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view unless such areas are first screened from the public view by drapes, venetian blinds or other permanent rendering of the windows opaque to the public view. All screening of interiors shall be maintained in a clean and good state of repair. Items displayed for sale on the premises shall be exempt from the provisions of this section.

(Rev. Ords. 1987, § 4-338)

Sec. 4-339. - Screens.#

(a)

Beginning with May 1 and ending with October 31, all exterior openings on nonresidential structures shall be properly equipped with screens so as to prevent the entrance of flying insects, except as follows:

(1)

In industrial, commercial and manufacturing plants where no item for human consumption is being manufactured, stored, unsealed, processed or developed, provided that no material is exposed which might serve as a food or breeding medium for flying insects or as an attraction to flies.

(2)

Where air conditioning by refrigeration is provided with proper ventilation.

(3)

Where the nature of the operation or type of opening is such that screening is impractical and an effective fly repellant fan or air curtain is provided for the opening and operated when flying insects are present.

(b)

All screens shall be protected from the elements to prevent decay and rust by the periodic application of weather-coating.

(Rev. Ords. 1987, § 4-339)

Sec. 4-340. - Signs, billboards, etc.#

(a)

All permanent signs and billboards exposed to public view permitted by reason of other regulations as a lawful nonconforming use shall be maintained in good repair. Any signs which have excessively peeled or cracked shall, with their supporting members, be removed forthwith 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 forthwith.

(b)

Except for "for rent" signs, any temporary signs or other paper advertising material glued or otherwise attached to a window 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, except that during the course of repairs or alterations, no more than 33⅓ percent of the square footage of any single window or window display area shall be devoted to signs or other temporary advertising material attached to such window or otherwise exposed to public view.

(Rev. Ords. 1987, § 4-340)

Sec. 4-341. - Storefronts.#

All storefronts shall be kept in good repair, shall be painted where required and shall not constitute a safety hazard or nuisance. If repairs to a storefront become necessary, such repairs shall be made with the same or similar materials used in the construction of the storefront in such a manner as to permanently repair the damaged area. Any cornice visible above a storefront shall be kept painted where required and in good repair.

(Rev. Ords. 1987, § 4-341)

Sec. 4-342. - Fences.#

All fences on the premises shall be kept in a good state of repair and shall be periodically treated with chemicals or paint so as to retard corrosion or rotting.

(Rev. Ords. 1987, § 4-342)

Sec. 4-343. - Stairways and entrances.#

(a)

All stairways and entrances which may give access to the structure for employees or for business shall be kept in a good state of repair and structurally sound and properly lighted in accordance with the requirements of the building code.

(b)

Any exterior stairway or entrance used by employees or for business shall be protected from the elements and against decay and rust by periodic application of a weather-coating material or other protective treatment.

(Rev. Ords. 1987, § 4-343)

Sec. 4-344. - Roofs.#

The roof shall be maintained weatherproof and all rainwater shall be conveyed therefrom in a manner to prevent wet walls and so as not to create a nuisance to others.

(Rev. Ords. 1987, § 4-344)

Sec. 4-345. - Walls and foundations.#

All foundations and walls shall be maintained so as to carry the safe design and operating dead and live loads and shall be maintained plumb and free from open cracks and breaks so as not to be detrimental to public safety and welfare.

(Rev. Ords. 1987, § 4-345)

Sec. 4-346. - Chimneys.#

All chimneys, cooling towers, smoke stacks and similar appurtenances shall be maintained structurally safe, sound and in good repair, and all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating material such as paint or similar surface treatment.

(Rev. Ords. 1987, § 4-346)

Sec. 4-347. - Floors.#

Floors shall be maintained structurally sound and capable of supporting the imposed loads without undue deflection. They shall be maintained at all times in a condition so as to be smooth, level, clean and free of breaks, cracks or other unsafe condition.

(Rev. Ords. 1987, § 4-347)

Sec. 4-348. - Walls and ceilings.#

The interior walls and ceilings of all nonresidential structures shall be kept structurally sound, capable of safely supporting the imposed loads upon them and free of cracks and breaks, loose plaster or covering and shall be maintained in a clean, safe and sanitary manner.

(Rev. Ords. 1987, § 4-348)

Sec. 4-349. - Basements.#

All basements shall be maintained damp-proof and dry. Floors shall be of concrete, and proper drainage shall be provided to prevent back-flooding. Such spaces or rooms where used for the employment of persons shall be provided with sufficient light, ventilation and sanitation so as not to endanger health and safety.

(Rev. Ords. 1987, § 4-349)

Sec. 4-350. - Vacant structures.#

(a)

A vacant structure which has been used or is intended to be used, in whole or in part, as a nonresidential structure shall comply with the terms and conditions set forth in this division. All owners of such vacated nonresidential structures which have been deemed by the chief inspector as detrimental to the health and safety of all persons in or about such structures shall comply with the terms and conditions set forth in this division and shall cause all exterior doors and windows to be locked and secured at all times in order to prevent entrance to such vacant buildings by any trespasser.

(b)

The term "secured" as used in this section shall mean that a covering shall be placed over all doors and windows consisting of one-half-inch thick plywood attached to the framing of all such doors and windows by wood screws of a minimum length of 1½ inches placed 12 inches on center. Such plywood shall be painted with a minimum of two coats of exterior paint.

(Rev. Ords. 1987, § 4-350)

Secs. 4-351—4-365. - Reserved.#