A.
Nothing in this chapter shall be construed to prevent the ordinary
maintenance and repair of any building or structure or exterior architectural
feature that does not involve a change in design, building materials,
color, or outward appearance.
B.
Acts of ordinary maintenance or repair shall be considered those
which do not include a change in the design, material, form, or outer
appearance of a resource, such as repainting. This includes methods
of stabilizing and preventing further decay, and may incorporate replacement-in-kind
or refurbishment of materials on a building or structure.
The Building Inspector or Code Enforcement Officer, if necessary with the advice and consent of the Historic Preservation Board, shall evaluate and decide whether or not proposed work constitutes ordinary maintenance and repair or requires a certificate of appropriateness in accordance with Chapter 112 of the Village of Pittsford Code.
No owner or person with an interest in real property shall permit
the property to fall into a serious state of disrepair. Maintenance
shall be required consistent with the Property Maintenance Code of
New York State Uniform Fire Prevention and Building Code and all other
applicable local regulations.
A.
Every owner or person in charge of a building or structure in the
Village shall keep in good repair all of the exterior and interior
portions thereof which, if not so maintained, may cause or tend to
cause the exterior portions of such improvement to deteriorate, decay
or become damaged or otherwise to fall into a serious state of disrepair.
B.
Examples of types of prohibited disrepair include, but are not limited
to:
(1)
Deteriorated or crumbling plasters, mortar or facades;
(2)
Deteriorated or inadequate foundation;
(3)
Defective or deteriorated flooring or floor supports or any
structural floor members of insufficient size to carry imposed loads
with safety;
(4)
Deteriorated walls or other vertical structural supports that
split, lean, list or buckle due to defective material or deterioration;
(5)
Members of ceilings, roofs, ceiling and roof supports or other
horizontal members which sag, split or buckle due to defective material
or deterioration or are of insufficient size to carry imposed loads;
(6)
Ineffective or inadequate waterproofing of exterior walls, exterior
chimneys, roofs, foundations or floors, including windows or doors,
which may cause or tend to cause deterioration, decay or damage;
(7)
Defective or insufficient weather protection for roofs, foundation
or exterior wall covering, including lack of paint or weathering due
to lack of paint or other protective covering, which may cause or
tend to cause deterioration, decay or damage;
(8)
Fireplaces or chimneys which list, bulge or settle due to defective
material or deterioration or are of insufficient size or strength
to carry imposed loads with safety;
(9)
Any fault or defect in the building or structure which renders
it not properly watertight or otherwise compromises the life and character
of the building or structure.
A.
In the event that the Historic Preservation Board, Planning Board,
Zoning Board of Appeals, Building Inspector, Code Enforcement Officer
or Village Clerk determines that any exterior architectural feature
of any building or structure located in the Village of Pittsford has
deteriorated in violation of the ordinary maintenance and repair requirements
of this chapter, then the board or official shall forward such determination
to the Village Board for further action.
B.
In the event that the Village Board receives a determination from
a board or official as referenced in the preceding subsection, then
the Village Board shall direct the Building Inspector to issue a notice
and order requiring the owner or any person with an interest in such
real property to remediate and repair the deteriorated exterior architectural
feature so as to bring it into compliance with this section. Such
notice and order shall set forth a deadline for compliance.
C.
In the event that the subject property is not brought into compliance
by the established deadline, then the Village, or its duly authorized
representative, may enter on such property and correct such violation.
The total cost for the correction of such a violation, including any
and all attorney's, expert's and consultant's fees, shall be assessed
upon the real property where the violation was corrected. Such total
cost shall constitute a lien and charge on the real property on which
it was levied until paid or otherwise satisfied or discharged and
should be collected by the Village Treasurer in the manner provided
by law for the collection of delinquent taxes.
