2010-011 Ordinance - Laserfiche WebLink

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When any fence belonging to a commercial property, and serving as a boundary between commercial and residential properties, falls into 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 aboard-on-board fence of the same height as the old fence, provided, however, that the Building Commissioner may refer the matter to the Planning and Design Commission for its input and recommendation if, in the judgment of the Building Commissioner, aboard-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 and Design Commission for review and recommendation if he or she does not believe that aboard- 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 and Design 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 and Design 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. (Ord. 2008-44. Passed 5-20-08.) BE AMENDED, AND, AS AMENDED, SHALL READ IN ITS ENTIRETY AS FOLLOWS: "1363.07 DUTIES AND RESPONSIBILITIES OF OWNERS AND OPERATORS. (a) Maintenance of Exterior of Premises• Hazards and Unsanitary Conditions. The exterior of the premises and the exterior of all structures thereon shall be kept free of all nuisances, unsanitary conditions and any hazard to the safety of occupants, pedestrians and other persons utilizing the premises, and any of the foregoing shall be promptly removed and abated by the owner or operator. It shall be the duty of the owner or operator to keep the premises free of hazards which include, but are not limited to, the following: (1) Refuse. An accumulation of brush, broken glass, stumps and roots that present a safety hazard; also garbage, trash and debris that present an unsanitary and/or a safety hazard. Compost piles, enclosed in a fenced-in area not exceeding twenty four square feet and maintained not closer than thirty feet from adjacent property lines, are exempt from this paragraph. (2) Natural r~ Dead trees and limbs or other natural growth which, by reason of rotting or deteriorating conditions or storm damage, constitutes a hazard to persons in the vicinity thereof. (3) Overhangin~s and awnings. Loose and overhanging objects which, by reason of location above ground level, constitute a danger of falling on