[HISTORY: Adopted by the Board of Trustees of the Village
of Medina 4-29-1997 by L.L. No. 6-1997. Amendments noted where applicable.]
This chapter shall be known as the "Commercial and Assembly
Buildings Maintenance Local Law of the Village of Medina, New York."
The purpose of this chapter is to provide standards governing
the facilities, condition, use, occupancy and maintenance of commercial
and industrial premises, to provide for the safety, health and welfare
of the occupants and users thereof.
This chapter shall be applicable to the following:
A.
Business and mercantile occupancies, buildings in which the primary
or intended occupancy or use is the transaction of administrative,
business, civic or professional service and buildings in which the
primary or intended use or occupancy is the display and sale to the
public of goods, wares or merchandise.
B.
Industrial occupancies, buildings in which the primary or intended
occupancy or use is the manufacture or processing of products of all
kinds.
C.
Storage occupancies, buildings in which the primary or intended occupancy
or use is the storage of or shelter for goods, merchandise, products,
vehicles or animals.
D.
Assembly occupancies, buildings in which the primary or intended
occupancy or use is the assembly for amusement, athletic, civic, dining,
educational, entertainment, patriotic, political, recreational, religious,
social, sports or similar purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
A structure, the use of which is incidental to that of the
main building and which is attached thereto or is located on the same
premises.
A narrow supplementary thoroughfare for the public use of
vehicles or pedestrians, affording access to abutting property.
A structure wholly or partially enclosed within exterior
walls, or within exterior and party walls, and a roof, affording shelter
to persons, animals or property.
Garbage, litter, automotive parts and any other solid waste.
The condition or appearance of a building or structure characterized
by holes, breaks and/or rot. Crumbling, cracking, peeling, rusting
or other evidence of physical decay or neglect, excessive use or lack
of maintenance.
The face or front of a building.
Boundary line establishing an area in which there exists
or is likely to exist a fire hazard requiring special fire protection.
Any vehicle, including a trailer, which is without a currently
valid license plate or plates or which is dismantled, partly dismantled,
mechanically inoperative or legally unfit for road use because of
expired registration or inspection.
The storing or warehousing of goods, equipment, parts and
materials for an extended period of time or on a more permanent basis.
Any enclosed vehicle, semitrailer, large van or bus (either
motorized or designed to be pulled by an automobile or truck) which
is or was originally intended for the hauling of freight, people,
goods or equipment over the road.
An assembly of materials forming a construction framed of
component structure parts, which exists for occupancy or use.
Any building or part thereof which remains unoccupied for
a period of more than six months, with either doors, windows or other
openings broken, removed, boarded or sealed up.
An open space on the same lot which contains a building and
is located between the building line and the lot line which the particular
building line faces.
The exterior of the premises and the condition of structures
shall be maintained so that the premises and all buildings shall reflect
a level of maintenance in keeping with the standards of the community
and shall not constitute blight from the point of view of adjoining
property owners or lead to the progressive deterioration of the neighborhood.
Such maintenance shall include, without limitation, the following:
A.
Buildings and structures.
(1)
Foundations, porches, decks, steps and walls shall be maintained
in good repair and shall be structurally sound.
(2)
Vent attachments shall be safe, durable, smoketight and capable of
withstanding the action of flue gases.
(3)
Exterior balconies, porches, landings, stairs and fire escapes shall
be provided with banisters or railings properly designed, installed
and maintained to minimize the hazard of falling and unsightly appearance.
(4)
All storefronts and walls exposed to public view shall be kept in
a good state of repair. Storefronts or any portion of the structure
shall not show evidence of excessive weathering and must be otherwise
maintained in a sound, secure workmanlike manner. Exterior surfaces
that have been painted or otherwise coated must be maintained in a
neat, orderly and serviceable manner. Said surfaces having been coated
with any finish, such as paint, varnish, lacquer, etc., must be continuously
maintained and recoated as necessary to keep uniformity of color and
texture. Such surface shall be recoated in a workmanlike manner. Floors,
walls, ceilings, stairs and fixtures of buildings shall be maintained
in a manner so as to prevent the collapse of the same or injury to
the occupants of the building or to the public.
(5)
Roof drains, overflow pipes, air-conditioning drains and any other device used to channel water off or out of a building shall be maintained in a safe and operable condition, so as not to be a hazard to property, occupants or the public. Where available, such systems shall be connected to a stormwater sewer system as per the Village of Medina Code, Chapter 194, § 194-32.
(6)
Exterior walls, roofs and all openings, doors and windows, including
glass, chimneys and other parts of a building, shall be so maintained
as to keep water from entering the building and to prevent undue heat
loss from occupied areas. Materials which have been damaged or show
evidence of dry rot or other deterioration shall be repaired or replaced
and refinished in a workmanlike manner. Exterior walls, roofs and
other parts of the building shall be free from loose and unsecured
objects and material and improperly secured objects and materials.
Such objects or materials shall be removed or replaced.
(7)
The owner of a building left vacant more than 30 days shall ensure
that the building and its adjoining yards remain safe and secure and
do not present a hazard to adjoining property or the public. In the
Central Business (CBD) and General Business (GB) Districts, display
windows shall be kept clean and display areas shall be free of rubbish,
trash and debris.[1]
(8)
Buildings and structures shall be maintained in such condition so
that they shall not become an unoccupied hazard as defined in this
chapter. All graffiti or defacing shall be removed and the surface
finish restored within a five-day period.
(9)
All signs, awnings and lighting systems shall be maintained in a
completely operable, clean, sightly, nondeteriorated and safe condition.
(10)
Electrical fixtures, devices, wiring and systems shall be properly
connected to a reasonable, adequate source of electrical power.
B.
Yards and open areas.
(1)
Lawns shall be cut, and bushes, shrubs and hedges shall be trimmed
regularly during the growing season so as to avoid an unsightly appearance.
(2)
Fences and other accessory structures shall be maintained in a safe
and nondeteriorated condition.
(3)
Steps, walks, driveways, parking spaces and similar paved areas shall be maintained so as to afford safe passage under normal use and weather conditions. Any holes or other hazards that may exist shall be filled, and necessary repairs or replacement shall be made. Moreover, sidewalks, curbs, aprons, ramps and driveway approaches shall be constructed in accordance with the specifications set forth in the Village Code, Chapter 206.
(4)
Yards, courts and vacant lots shall be kept clean and free of physical
hazards, rodent harborage and infestation and debris. They shall be
maintained in a manner that will prevent dust or other particles from
being blown about the neighborhood.
(5)
Heavy undergrowth and accumulations of plant growth which are noxious
or detrimental to health shall be eliminated. Any trees or portions
thereof located on private property and constituting a hazard to person
or property shall be removed.
(7)
Unlicensed service and maintenance vehicles or equipment or construction
vehicles and equipment or the like may be parked or stored in the
open on a premises subject to this section by special permit granted
by the Village of Medina Planning Board with such conditions and stipulations
attached to the permit as the Board may wish to impose to provide
for the safety and welfare of occupants and users of the premises
and the general public.
(8)
Restaurants and other eating facilities shall have garbage containers
sufficient in number for all of their solid waste and shall maintain
them in satisfactory condition.
(9)
Dumpsters and other trash and garbage containers shall be of appropriate
size for waste generated and shall be within an appropriate enclosure
so as to screen them from view.
(10)
Surface or subsurface water shall be appropriately drained to protect
buildings and structures and to prevent the development of stagnant
ponds. Gutter, culverts, catch basins, drain inlets, stormwater sewers
or other satisfactory drainage systems shall be utilized where necessary.
No roof, surface or sanitary drainage shall create a structural safety
or health hazard by reason of construction maintenance or manner of
discharge.
(11)
Persons owning or occupying property shall keep all walkways, public
or private, abutting said premises free from litter and trash of whatever
nature.
(12)
Ground cover shall be properly established to prevent undue soil
erosion due to the elements.
A.
No materials, goods, supplies or equipment may be stored in any front
yard area. Side and rear yard areas may be used for such storage,
provided that the area used is screened from neighboring properties
by a fence or similar enclosure.
B.
Storage of junked or damaged motor vehicles or motor vehicles awaiting
repair for periods in excess of 48 hours at licensed motor vehicle
repair shops, gas stations and other motor vehicle service premises
shall be in rear yard areas only and shall be screened from view from
neighboring properties by a fence or similar enclosure. Motor vehicles
for sale or resale at motor vehicle dealerships, used car sale lots
or similar sales businesses may be displayed in designated and appropriate
areas in front, side and rear yards.
C.
Storage trailers.
(1)
Provisions. It is prohibited to utilized a storage trailer for the
purpose of long-term storage (or any other function other than it's
original intended use) on any property, both public and private, within
the Village of Medina.
(2)
Exceptions. The use of storage trailers for the purposes of storing
materials, goods, parts and equipment on only those properties where
it is verified by the Code Enforcement Office that construction and/or
development is taking place will be allowed only after a permit has
been issued.
(3)
Permit required. A permit shall be required prior to the placement
of any storage trailer on public or privately owned property which
is undergoing development or where construction is taking place. This
permit is obtained from the Village of Medina, Code Enforcement Office,
at a cost established from time to time by the Village Board of Trustees.[1] The permit expires after a six-month period. The permit
can be renewed for an additional six-month period until the construction
is complete or the project is terminated or abandoned. The cost of
renewing the permit at each six-month interval shall be as established
from time to time by the Village Board of Trustees.[2]
(4)
Violations. In situations where more than one storage trailer are
found to occupy the property and be in violation of this section,
each storage unit shall constitute a separate offense.
Exterior artificial lighting shall be maintained in operating
condition.
Fuel gas piping systems shall be maintained gastight, safe and
operable under conditions of use.
The storage, handling, and use of all liquefied petroleum gas
shall be in compliance with the National Fire Code NFPA 58 Standard.
Gasoline shall be prohibited as fuel for heating and cooking.
Central air-conditioning and ventilating systems shall be maintained
so that the rapid spread of heat, flame or smoke through the system
will be prevented, and such systems shall be in compliance with National
Fire Protection Association (NFPA) 90B, standard for the installation
of warm air, heating and air-conditioning systems.
A.
General plumbing systems shall be maintained in a good, safe, sanitary
and serviceable condition.
B.
Water supply.
(1)
The domestic water supply for a building shall be from an approved source and shall not be subjected to contamination and shall not be connected to unsafe water supplies and shall be in compliance with the Village of Medina Code, § 148-23B.
(2)
Water supply systems shall be maintained to provide at all times
a supply of water to plumbing fixtures, devices and appurtenances
in sufficient volume and at pressures adequate to enable them to function
satisfactorily, as per the New York State Official Compilation of
Codes, Rules and Regulations, Title 9, Exec. Volume B, Section 902.4.
C.
Drainage. Sewage and stormwater drainage systems shall be maintained
so as to function properly and be kept free from obstructions, leaks
and defects.
A.
Electrical fixtures, devices, wiring and systems shall be maintained
in safe working condition in a manner which will avoid a potential
source of ignition or shock. Deteriorated material and equipment shall
be removed and replaced, as may be required, as per NFPA 70, the National
Electric Code.
B.
Panel board shall be kept free from encumbrances and shall be accessible
at all times.
C.
Exit and directional signs shall be kept illuminated at all times
that the building is occupied.
A.
Elevators and dumbwaiters shall be maintained to safely sustain the
loads to which they are subject, to operate properly and be free of
physical and fire hazards.
B.
Hoistways and pits shall be maintained free of rubbish and other
debris.
C.
Machine rooms shall be maintained free of oil and grease, including
oily and greasy rags, clothing and other such materials, and shall
not be used for storage of articles or materials unnecessary for the
maintenance of the elevator or dumbwaiter. Flammable liquids shall
not be kept in such rooms.
D.
Safety devices and electrical protective devices shall be operative
at all times except during tests, inspections or repairs.
A.
Fire-protection equipment, including fire alarms, fire detecting,
watchman, sprinkler and standpipe systems and portable fire extinguishers,
shall be maintained in proper operating conditions at all times and
in compliance with NFPA 72, the National Fire Alarm Code.
B.
Sprinkler and standpipe systems shall be maintained and shall have
an adequate water supply available at all times and shall be in compliance
with NFPA 25, standard for the inspection, testing and maintenance
of water based fire-protection equipment.
C.
Fire Department connections shall be conspicuously identified and
maintained readily accessible for Fire Department use.
D.
Hose for standpipe systems shall be in proper position ready for
operation, dry and free of deterioration.
E.
Portable fire extinguishers shall be in their designation location
and shall be maintained in an efficient and safe operating condition
and in compliance with NFPA 10, standard for portable fire extinguishers.
The owner, operator or agent in control of the building shall
be responsible for the following:
A.
Limiting occupancy to the maximum number of persons permitted and
prohibiting unlawful uses.
B.
Posting required statements of the maximum number of occupants permitted,
as per the New York State Official Compilation of Codes, Rules and
Regulations, Title 9, Exec. Volume B, Section 765.
C.
Maintenance of the premises in a clean, safe and sanitary condition.
D.
Maintenance of the operation of service facilities in good order
and condition.
E.
Maintenance of plumbing, heating and electrical equipment and systems,
appliances, fixtures, as well as other building equipment and facilities,
in an appropriate, good operative, clean and sanitary condition.
F.
Maintenance of walls, floors and ceilings in a clean and sanitary
condition.
G.
Keeping exits free and clear.
H.
Disposing of garbage, refuse and junk in a safe and sanitary manner
and keeping the premises free and clear therefrom and broom clean.
I.
Extermination of insects, vermin, rodents, pests and elimination
of harborage.
With respect to that part of a building which the occupant occupies,
controls or uses, the occupant shall be responsible for the following:
A.
Occupancy limitations and its lawfully permitted use.
B.
Maintenance in a clean, safe and sanitary condition.
C.
Maintenance of plumbing and electrical equipment, appliances, fixtures
and facilities, in a clean and sanitary condition and providing reasonable
care in the operation and use thereof.
D.
Keeping exits free and clear.
E.
Disposing of garbage and refuse into provided facilities in a sanitary
manner and keeping the premises free and clear therefrom.
This chapter shall be administered and enforced by the Code
Enforcement Officer of the Village of Medina, who is hereby authorized
to issue appearance tickets in connection with the enforcement of
this provision hereof.
Appeals from any decision of the Code Enforcement officer relative
to this chapter shall be taken to the Zoning Board of Appeals of the
Village of Medina. All such appeals shall be in writing and shall
specify the grounds of such appeal and shall be made within 15 days
of the delivery of a copy of such decision to the owner or other aggrieved
person. Variances from the requirements of this chapter may be granted
upon a showing of significant hardship, provided that only the minimum
possible variance shall be granted and no variance shall be granted
where the applicant created the difficulty or condition causing the
hardship.
Any person violating this chapter shall, upon conviction thereof,
be guilty of a violation pursuant to the Penal Law of the State of
New York, punishable by a fine of not less than $125 and not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment.
