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City of Albany, NY
Albany County
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Table of Contents
Table of Contents
Residential premises shall be maintained in conformity with the provisions of this code so as to assure the desirable residential character of the property.
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, catchbasins, 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 minor structures shall be maintained in a safe condition.
D. 
Steps, walks, driveways, parking spaces and similar areas shall be maintained so as to afford safe passage under normal use and weather conditions.
E. 
Yards, courts and lots 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 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 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. 
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.
J. 
For the protection of the general public, all swimming pools shall be effectively fenced by an artificial enclosure not less than six feet in height. For pools projecting above the ground and which are self-enclosed by the exterior projections thereof said enclosures shall be constructed to satisfy the requirements of this provision, provided that they are not less than six feet in height above the ground and provided further that any openings in the enclosure affording access to the pool proper be provided with a gate containing an automatic or manual locking device affixed in such a manner as to exclude small children.
[Amended 10-4-1982]
A. 
Subject to the provisions of Subsection B hereof, 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.
B. 
Notwithstanding the provisions of Subsection A, 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 circumstances 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 B(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 B(4) as Subsection B(3).
A. 
Grounds, buildings and structures shall be maintained free of insects, vermin and rodent harborage and infestation. Methods used for exterminating insects, vermin and rodents shall meet the generally accepted practices of the industry and shall be in accordance with the manufacturer's specifications.
[Amended 10-7-2013 by Ord. No. 46.92.13]
B. 
Where the potential for rodent infestation exists, windows and other openings in basements and cellars shall be appropriately ratproofed with wire or other suitable materials.
C. 
From May 1 to November 1, entrance to residential buildings shall be provided with self-closing-type devices, or screens and windows or other openings used for ventilation shall be appropriately screened. Screens shall not be required in rooms located sufficiently high in the upper stories of multiple dwellings as to be free of mosquitoes, flies and other flying insects.
D. 
The exterior of every structure used for human habitation shall be so maintained as to be vermin- and rodent-free. Where rodent or vermin problems exist, all exterior windows, doors and other openings two feet above ground level and below shall be screened or protected with acceptable wire mesh or other approved materials. Defects, cracks or holes shall be tightly sealed to prevent the entrance of vermin and rodents.
E. 
When a pest, bedbug or other insect or rodent infestation, as defined in Section 308 of the New York State Property Maintenance Code, has been identified by the Department of Buildings and Regulatory Compliance after a routine inspection by the Department, or inspection after the Department receives a complaint of an infestation, the Department shall contact the premises owner and require the owner to provide proof of extermination/pest control services. When determined by a professional exterminator, the dwelling unit(s) in direct proximity to the affected unit and common areas shall also be treated if evidence of infestation in these areas is found. The occupant of a one-family rental dwelling shall be responsible for the costs associated with any extermination on the premises. No tenant shall willfully refuse to comply with reasonable written instructions from a landlord, pest control operator or the Department of Buildings and Regulatory Compliance to prepare the dwelling unit for remediation of an infestation of pests, insects or rodents, including bed bugs, provided that such instructions are given to an adult member of the tenant household such that the tenant household has a reasonable opportunity to comply, and in all cases at least 48 hours prior to remediation. Property owners of rental properties, or their agents, or the professional pest control service company hired by the property owner shall provide a copy of a report for the services rendered electronically to the Department of Buildings and Regulatory Compliance.
[Amended 10-7-2013 by Ord. No. 46.92.13]
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. It shall be prohibited to store or accumulate garbage or rubbish in halls or stairways. Every dwelling and every dwelling unit 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.
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 except when such burning of combustible refuse shall be in a covered incinerator and not less than 10 feet from any dwelling or accessory structure.
[Amended 11-2-1987]
A. 
Animals shall not be kept on any premises in such a manner as to constitute a nuisance.
B. 
In addition, animals on any premises shall be maintained in accordance with all applicable state and local statutes ordinances and regulations.