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, pedestrians and other persons utilizing the premises
and areas adjacent to the premises and free of unsanitary conditions,
and any of the foregoing shall be promptly removed and abated by the
owner or operator. It shall be the duty of the owner and operator
to keep the premises free from hazards and unsanitary conditions.
A.
Stormwater shall be properly drained to prevent recurrent
entrance of water into any basement or cellar.
B.
Surface and subsurface water shall be appropriately
drained to protect buildings and structures and to prevent development
of stagnant ponds. Gutters, culverts, catch basins, drain inlets,
stormwater sewers, approved combined storm and sanitary sewers or
other satisfactory drainage systems shall be utilized where deemed
necessary.
C.
Fences and other accessory structures shall be maintained
in a safe condition.
D.
Steps, walks, driveways, parking areas and similar
areas shall be maintained so as to afford safe passage under normal
use and shall be kept clear of snow and ice.
E.
Premises shall be kept free and clear of physical
hazards and material or debris which would cause a fire hazard or
act as a breeding place for vermin or insects.
F.
Heavy undergrowths and accumulations of plant growth
noxious or detrimental to health or safety shall be eliminated.
G.
Exterior property areas shall be free from conditions
which might create a health, accident or fire hazard.
H.
Exterior property areas shall be reasonably free from
holes and excavations, sharp protrusions, and other objects or conditions
which might cause personal injury. Walks, steps, and driveways, parking
lots and similar areas that contain holes or tripping hazards shall
be filled, repaired or replaced as the need indicates. Open wells,
cesspools or cisterns shall be securely closed. Trees or limbs of
trees that constitute a hazard shall be removed.
I.
Every structure shall be free of loose overhanging
objects.
J.
Exterior walls, roofs, and all other parts of the
structure shall be free from loose and unsecured objects and materials.
Such objects or materials shall be removed, repaired or replaced.
K.
Sewage must be discharged into a public sewer system
except as specially permitted by the authority having jurisdiction
in accordance with the New York State Public Health Law and the Albany
County Sanitary Code. Discharge of inadequately treated sewage shall
not be permitted upon the surface of the ground, or into natural or
artificial surface drainways.
Grounds, buildings and structures shall be maintained
free of insects, vermin and rodent and bird harborage and infestation.
Methods used for exterminating insects, vermin and rodents shall meet
the generally accepted Health Department practices and shall be in
accordance with the manufacturer's specifications.
A.
Exterior property area shall be kept free from organic
and inorganic material that might become a health, accident or fire
hazard.
B.
Adequate sanitary facilities and methods shall be
used for the collection, storage and handling and disposal of garbage
and rubbish.
[Amended 12-7-1998 by Ord. No. 52.91.98]
(1)
It shall be prohibited to store or accumulate garbage
or rubbish in halls or stairways. Every premises shall be provided
with such receptacles as may be necessary to contain all garbage and
rubbish, and all such receptacles shall be maintained in good repair.
Receptacles for garbage shall be made of durable material, shall be
watertight and shall be provided with tight-fitting covers.
(2)
The preparation and placement of restaurant commercial
garbage at curbside for private collection shall be in heavy-duty
plastic bags, securely tied, placed in receptacles made of durable
watertight material with tight-fitting covers and be placed curbside
no earlier than 12 hours prior to scheduled pickup. For the purposes
of this subsection the term "restaurant" shall have the same meaning
as that used in § 375-7 of the Code of the City of Albany.
(3)
The Commissioner of General Services is hereby authorized to promulgate such other rules and regulations as may be necessary to effectuate and supplement the provisions of Subsection B(2) of this section, including the imposition and collection of reasonable fees to offset and defray the costs and expenses involved in correcting and/or alleviating violations of the provisions thereof.
C.
No person shall kindle any fire or furnish any material
for any fire nor authorize such fire in any street, lane, alley or
any vacant lot. Burning shall be prohibited.
Exterior surfaces of buildings and structures
not inherently resistant to deterioration by the natural elements
shall be periodically treated by appropriate means and materials suitable
for preservation of said exterior. Accessory structures shall be maintained
so as to be free of conditions detrimental to safety and health.
A.
Subject to the provisions of Subsection B hereof, 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 reasonable level of maintenance or such higher standards as may be adopted as part of a plan of urban renewal by the City of Albany. The exterior of every structure or accessory structure (including fences, signs and storefronts) shall be maintained in good 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 condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved and safe and fire hazards eliminated.
B.
Notwithstanding the provisions of Subsection A hereof, the brick or stone exterior of any building or structure shall not be treated or cleaned by sandblasting, wire brushing by machine, or any other procedure or process whereby sand, grit or other abrasive is used or applied by pressure alone or with other ingredients or solution to effect the removal of dirt, soot, paint or other matter or substance therefrom, except that paint or other matter deleterious to the structural and/or aesthetic integrity of the exterior of any building may, upon permission of the Commissioner of Buildings, be removed by such abrasive or pressure methods. In granting such permission, the Commissioner shall determine and consider the machinery, equipment, materials, supplies, manner and method of cleaning proposed, the age, structural composition and general condition of the building involved, the nature of the material sought to be removed and the practical necessity thereof, together with any other factors and/or circumstance that may, on a case-by-case basis, be deemed relevant. The above exception shall not apply to those buildings:
(1)
Under the jurisdiction of the Historic Resources Commission.
[Amended 5-15-2017 by Ord. No. 26.31.17]
(2)
Listed on the National Register of Historic Places.
(3)
[1]Otherwise specifically designated historically or architecturally
significant.
[1]
Editor’s Note: Former Subsection C(3), which excepted
buildings under the jurisdiction of the Historic Sites Commission,
was repealed 5-15-2017 by Ord. No. 26.31.17. Said ordinance also redesignated
former Subsection C(4) as Subsection C(3).
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.
A.
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 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.[1]
[1]
Editor’s Note: Former Subsection B on temporary signs
and former Subsection C on window coverage by signs, both of which
immediately followed, were repealed 5-15-2017 by Ord. No. 26.31.17.
All windows exposed to public view shall be
kept clean and free of marks of foreign substance except when necessary
in the course of changing displays. No storage of materials, stock
or inventory shall be permitted in window display areas or other areas
ordinarily exposed to public view unless said 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
on interiors shall be maintained in clean material and in a good state
of repair. This applies both to occupied and vacant stores.
All storefronts shall be kept in good repair,
painted where required, and shall not constitute a safety hazard or
nuisance. In the event that repairs to a storefront become necessary,
such repairs shall be made in such a manner as to repair permanently
the damaged area or areas. If a decision is made to remove store windows,
they shall be replaced with a permanent building material which is
in harmony with the rest of the building. Plywood shall be used only
in an emergency and for a period not to exceed 60 days. Any cornice
visible above a storefront shall be kept painted or otherwise in good
condition where required, and in good repair.
A.
All exterior wood surfaces of a structure that are
not of a species inherently resistant to decay shall be treated when
necessary with a protective coating or other preservative to prevent
structural deterioration.
B.
Exterior wood surfaces shall be adequately protected
against deterioration through the application of approved protective
coatings, when necessary.
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 good repair and shall not constitute
a nuisance or a safety hazard. In the event that such awnings or marquees
are not properly maintained in accordance with the foregoing, they
shall, together with their supporting members, be removed forthwith.
In the event that said awnings or marquees are made of cloth, plastic
or of a similar material, said cloth or plastic where exposed to public
view shall be maintained in good condition and shall not show evidence
of excessive weathering, discoloration, ripping, tearing, or other
holes. Nothing herein shall be construed to authorize any encroachment
on streets, sidewalks, or other parts of the public domain, except
as permitted under other statutes, ordinances or regulations.
[Amended 5-15-2017 by Ord. No. 26.31.17]
All vacant lots in commercial districts as defined by Chapter 375 shall:
A.
Be graded and drained so that no mud or gravel is
washed across a public sidewalk.
B.
Have the adjoining sidewalks cleared of snow and ice.
C.
Be landscaped and maintained or surrounded by a fence,
wall or hedge of a height and material as approved by the Commissioner
of Buildings. Said fence, wall or hedge shall also be maintained in
good condition.
[1]
Editor's Note: Former § 151-21, Parking lots, was repealed
5-15-2017 by Ord. No. 26.31.17.
