2004-080 Ordinance - Laserfiche WebLink

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Ordinance No. 2004-80 (c) Structural Soundness and General Maintenance. The exterior of every structure or accessory structure (including fences, signs and store fronts) shall be maintained in good repair and all surfaces thereof shall be kept painted where necessary for purposes of preservation and appearance, or surface coated with a protective coating or treated to prevent rot and decay. When any fence belonging to a commercial property, and serving as a boundary between commercial and residential properties, falls mto a state of disrepair such as would require repair or replacement of more than fifty percent (50%) of the lineal footage of that portion of the fence which borders residential property, the said portion of the said fence which borders residential property shall be replaced, upon order of the Building Commissioner, with a board-on-board fence of the same height as the old fence, provided, however, that the Building Commissioner may refer the matter to the Planning Commission for its input and recommendation if, in the judgment of the Building Commissioner, a board-on-board fence of the same height as the old fence would not adequately serve the City's interests in buffering the adjoining residential property from the impact of the commercial property; and further provided, however, that the commercial property owner may request that the matter be referred to the Planning Commission for review and recommendation if he or she does not believe that a board-on-board fence of the same height as the old fence is necessary in order to adequately buffer adjoining residential properties from the impact of his or her commercial property. Upon its review of the matter when requested, the Planning Commission shall determine the type and height of the new fence to be constructed along the boundary between the commercial property and adjoining residential properties by applying the impact standards set forth in Chapter 1126 of the Zoning Code. The commercial property owner shall replace said fence, or portion of fence, within thirty (30) days of the order of the Building Commissioner, or ruling of the Planning Commission, whichever is applicable. All surfaces shall be maintained free of broken windows, crumbling stone or brick, peeling paint or other condition reflective of deterioration or inadequate maintenance to the end that the property itself may be preserved, safety and fire hazards eliminated and adjoining properties and the immediate neighborhood protected from blighting influence. (d) Reconstruction of Walls and Sidings. All reconstruction of walls and sidings shall be of standard quality permitted by the Building Code, and their appearance commensurate with the character of the properties in the same block and on both sides of the street on which the premises front, such that the materials used will not be of a kind that by their appearance under prevailing appraisal practices and standards will depreciate the value of neighboring and adjoining premises as aforesaid. (e) Freedom from Infestation. All exterior parts of premises shall be maintained so as to prevent infestation of insects and rodents." SECTION 2: That all ordinances, or parts of ordinances, inconsistent or in conflict with this Ordinance, are, to the extent of such inconsistency or conflict, repealed. SECTION 3: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare, and for the reason that it is necessary that this Ordinance go into effect immediately in order to provide the Building Commissioner with all of the enforcement tools necessary to eliminate nuisance conditions and prevent blight in residential neighborhoods, and further provided it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor.