Division 4. Duties and Responsibilities of Owner and Operator

5.04.410 Occupied buildings.

The premises and all structures thereon shall be kept free of all hazards to the safety of occupants, pedestrians, and other persons utilizing the premises such as, but not limited to, the following:




Roofs. Roofs shall be kept structurally sound and shall be maintained in such a manner so as to prevent rain or other objects from penetrating into the interior of the building.


Overhangings. Loose and overhanging objects which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.


Foundation Walls. Foundation walls shall be kept structurally sound, free from defects and damages and capable of bearing imposed loads safely. Where a wall of a building has become exposed as a result of demolition of adjacent buildings said wall must have all doors, windows, vents or other similar openings closed with material of the type comprising the wall. No protrusions or loose material shall be in the wall. The exposed wall shall be painted, stuccoed or bricked so as not to detract from the aesthetics and value of adjacent property and weatherproofed if necessary to prevent deterioration of the wall.


Chimneys, Flues and Vent Attachments Thereto. Chimneys, flues and vent attachments thereto shall be maintained structurally sound, free from defects and so as to capably perform at all times the functions for which they are designed. Chimneys, flues, gas vents, or other draft producing equipment shall be structurally safe, durable, smoke tight and capable of withstanding the action of the flue gasses.


Exterior Porches, Landings, Balconies, Stairs and Fire Escapes. Exterior porches, landings, balconies, stairs and fire escapes shall be provided with banisters or railings properly designed and maintained to minimize the hazards of falling and the same shall be kept structurally sound and in a good state of repair.


Windows. All windows must be tight-fitting and have sashes of proper size and design. Sashes with rotten wood, broken joints, or broken or loose mullions or muntins shall be replaced. All broken and missing windows shall be replaced with glass or plastic. All exposed wood shall be repaired and painted. All openings originally designed as windows shall be maintained as windows complete with seals, lintels, frame and glass unless specifically approved by the fire official for enclosure. Where the fire official approves the enclosure of a window, it must be so enclosed by either bricking the opening, blocking the opening with concrete blocks and stuccoing the exterior, or by boarding up the opening. When boarding is used, it shall be of trim fit, sealed to prevent water intrusion, and painted or stained to properly conform with the other exterior portions of the building.


Painting. All exterior surfaces which require paint or sealing in order to protect the underlying surface from deterioration shall be so painted or sealed. All exterior surfaces which have been painted shall be maintained generally free of peeling and flaking. Where fifty percent or more of the aggregate of any painted wall shall have peeling or flaking or previous paint worn away, the entire wall shall be repainted.


Cornices. All cornices shall be made structurally sound and rotten or weakened portions shall be removed and/or replaced to match as closely as possible the original pattern.


Downspouts. Sheet metal gutters and downspouts shall be replaced or repaired as necessary and shall be neatly located and securely installed.


Advertising Signs, Structures and Awnings. All permanent signs, billboards, awnings and the like shall be maintained in good repair at all times so as not to constitute a nuisance or safety hazard. All nonoperative or broken electrical signs shall be repaired and kept in good condition or be removed. When a business terminates operation, the sign identifying the business shall be removed from the property within six months after the business ceases to function unless the sign is converted and reused for another business.


Ground Surface Hazards. Holes, excavations, breaks, projections and obstructions on walks, driveways, parking lots and parking areas and other parts of the premises which are accessible to and used by persons on the premises; all such holes and excavations shall be filled and repaired, walks and steps replaced, and other conditions removed where necessary to eliminate hazards or unsafe conditions.


Curb Cuts. Where curb cuts are abandoned due to new construction, change of access, or general discontinued use, said curb cut shall be closed and replaced with a standard curb and gutter arrangement.


Garbage. No garbage or solid waste shall be stored or allowed to accumulate on the premises unless contained in trash receptacles which are in accordance with the sanitation regulations of the city.


Miscellaneous. All exterior surfaces shall be maintained free of cracked or broken glass, loose shingles, loose wood, crumbling stone or brick, loose or broken plastic or other similar hazardous conditions. All structures and decorative elements of building fronts and sides abutting public streets shall be repaired or replaced in a workmanlike manner to match as closely as possible the original materials and construction techniques. Structures at the rear of buildings attached or unattached to the principal commercial structure shall be properly maintained and repaired. All miscellaneous elements on buildings, walls, and roofs and surrounding premises such as empty electrical or other conduits, unused electric meter boxes, or unused sign brackets shall be removed.




Floors, Interior Walls and Ceilings. Floors, interior walls and ceilings of every structure shall be structurally sound and shall be maintained in a condition compatible with its business use.


Supporting Structural Members. Supporting structural members are to be structurally sound, free of deterioration and capable of bearing imposed loads safely.


Garbage. No garbage or solid waste shall be stored or allowed to accumulate within a structure unless contained in trash receptacles which are in accordance with the sanitation regulations of the city.

(Ord. 7-87 (part), 1987)

5.04.420 Vacant or unoccupied buildings.

All the provisions of Section 5.04.410 (including exterior and interior requirements) shall apply to occupied structures and buildings shall not be required to comply with the interior requirements of Section 5.04.410 (2), but shall comply with the exterior requirements of Section 5.04.410(1). All unoccupied or vacant structures or buildings shall be secured by their owners to prevent the entry of unauthorized persons or the serving as a haven or nesting place for birds, rats and other vermin.

(Ord. 7-87 (part), 1987)

5.04.430 Duties of the operator.

All parts of the premises under the control of the operator shall be kept in a safe sanitary condition consistent with the business use and the operator shall refrain from performing any acts which would render other parts of the premises unsafe or unsanitary or which would obstruct any adjacent operator from performing any duty required or from maintaining his premises in a safe and sanitary condition.

Where the owner would not otherwise know of a defect of any facility, utility, or equipment required to be furnished hereunder and the same is found to be defective or inoperable, the operator affected thereby shall upon learning of such defect provide notice to the owner.

(Ord. 7-87 (part), 1987)