Athens City Code
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Contents12-165 Duties And Responsibilities Of Owner And Operator
12-165 Duties And Responsibilities Of Owner And Operator
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- (1) Maintenance of exterior of premises. 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 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 or operator to keep the premises free of hazards which include, but are not limited to, the following:
- (a) Refuse. Brush, weeds, broken glass, stumps, roots, obnoxious growths, and accumulations of filth, garbage, trash, refuse and debris.
- (b) Natural growth. Dead and dying trees and limbs or other natural growth which, by reason of rotting or deteriorating condition or storm damage, constitute a hazard to persons in the vicinity thereof. Trees shall be kept pruned and trimmed to prevent such conditions.
- (c) Overhangings. Loose and overhanging objects and accumulations of ice and snow which by reason of location above ground level constitute a danger of falling on persons in the vicinity thereof.
- (d) Ground surface hazards or unsanitary conditions. Holes, excavations, breaks, projections, obstructions, icy conditions, uncleared snow, and excretions of pets and other animals on paths, 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 unsanitary conditions with reasonable dispatch upon their discovery.
- (e) Recurring accumulations of stormwater. Adequate runoff drains shall be provided and maintained to eliminate any recurrent or excessive accumulation of stormwater.
- (f) Sources of infestation.
- (g) Foundation walls. Foundation walls shall be kept structurally sound, free from defects and damage, and capable of bearing imposed loads safely.
- (h) Chimneys and all flue and vent attachments thereto. Chimneys and all flue and vent attachments thereto shall be maintained structurally sound, free from defects, and so maintained as to capably perform at all times the functions for which they were designed. Chimneys, flues, gas vents, or other draft-producing equipment shall provide sufficient draft to develop the rated output of the connected equipment, and shall be structurally safe, durable, smoke-tight, and capable of withstanding the action of flue gases.
- (i) 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 hazard of falling, and the same shall be kept structurally sound, in good repair, and free from defects.
- (2) Appearance of exterior of premises and structures. 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 level of maintenance in keeping with the standards of the neighborhood or such higher standards as may be adopted as part of a plan of urban renewal by the city, and such that the appearance of the premises and structures shall not constitute a blighting factor for adjoining property owners nor an element leading to the progressive deterioration and downgrading of the neighborhood with the accompanying diminution of property values, including the following:
- (a) Landscaping. 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 and where the same constitute a blighting factor depreciating adjoining property.
- (b) Signs and billboards. 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 non-operative or broken electrical signs shall be repaired or shall, with their supporting members, be removed forthwith.
- (c) Windows. All windows exposed to public view shall be kept clean and free of marks or foreign substances 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 the 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 of interiors shall be maintained in a clean and attractive manner and in a good state of repair.
- (d) Store fronts. All store fronts shall be kept in good repair, painted where required, and shall not constitute a safety hazard or nuisance. In the event repairs to a store front become necessary, such repairs shall be made with the same or similar materials used in the construction of the store front in such a manner as to permanently repair the damaged area. Any cornice visible above a store front shall be kept painted, where required, and in good repair.
- (e) Signs or advertisements; removal. Except for "for rent" signs, any temporary sign or other paper advertising material glued or otherwise attached to a window or otherwise exposed to public view shall be removed at the expiration of the event or sale for which it is erected, or within 60 days after erection, whichever shall sooner occur. Except during the course of repairs or alterations, no more than 33 1/3 percent of the square footage of any single window or single window display area shall be devoted to signs or other temporary advertising material attached to the window or otherwise exposed to public view.
- (f) Awnings and marquees. 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 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 the awnings or marquees are made of cloth, plastic, or of a similar material, the 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.
- (3) 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 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, safety and fire hazards eliminated, and adjoining properties and the neighborhood protected from blighting influences.
- (a) Reconstruction of walls and sidings. All reconstruction of walls and sidings shall be of standard quality and 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 values of neighboring and adjoining premises.
- (b) Floors, interior walls, and ceilings. Floors, interior walls, and ceilings of every structure shall be structurally sound and maintained in a clean and sanitary condition.
- (c) Floors generally. Floors shall be considered to be structurally sound when capable of safely bearing imposed loads and shall be maintained at all times in a condition so as to be smooth, clean, and free from cracks, breaks, and other hazards.
- (d) Washroom and water closet compartment floors. Washroom and water closet compartment floors shall be surfaced with water-resistant material and shall be kept in a dry, clean, and sanitary condition at all times.
- (e) Supporting structural members. Supporting structural members are to be kept structurally sound, free of deterioration, and capable of bearing imposed loads safely.
- (f) Walls and ceilings generally. Walls and ceilings shall be considered to be in good repair when clean, and free from cracks, breaks, loose plaster, and similar conditions. Walls shall be provided with paint, paper sealing material, or other protective covering so that the walls and ceilings shall be kept clean, free of visible foreign matter, sanitary, and well-maintained at all times.
- (g) Lighting of washrooms. Every washroom and water closet compartment shall be provided with permanently installed artificial lighting fixtures with a switch and wall plate so located and maintained that there is no danger of short-circuiting from water from other bathroom facilities or from splashing of water.
- (h) Electrical service generally. All premises shall be properly connected to and provided with electric power through safely insulated conductors conforming to the National Electrical Code and the local requirements of the Athens Utilities Board.
- (i) Loose or exposed wiring. Except as hereinafter stated, all wiring or cables shall be properly affixed or attached to the structure. Insulation shall be provided for all wiring and cables and kept in good repair. No loose cords or loose extension lines in excess of six feet in length shall be permitted and no ceiling or wall fixtures shall be used for supplying power to equipment other than that for which they are designed.
- (j) Fuses and protective devices. Maximum fuse sizes consistent with safety standards shall be posted conspicuously on the inside cover of all fuse boxes and no fuse shall be installed therein in excess of the stated maximum, except that owners shall not be responsible for violations in fuse installations without their knowledge where the correct maximum is stated and the fuse box is located within any part of the premises which is in the exclusive possession of occupants other than the owner.
- (k) Overloading of circuits. Overloading of circuits is prohibited. Where the code officer finds, after notice and hearing, that by reason of the appliances and fixtures creating a hazard, the owner shall be required to install a line of sufficient capacity to absorb the load to which the line is subjected or otherwise eliminate the conditions causing the overload. For purposes of this section, the code officer may consider the peak seasonal load to which the line is subjected.
- (l) Responsibility for removal. The owner or operator shall have the duty and responsibility of removing garbage.
- (m) Accumulating refuse and non-fireproof storage prohibited. Storage bins, rooms, and areas shall not be used for accumulated garbage or refuse. Inflammable or combustible liquids or other materials may not be stored on the premises unless they are of a type approved for storage by the regulations of the fire department, and then only in such quantities and in such fireproof storage containers as may be prescribed by the regulations.
- (4) Vacant buildings to be kept locked. It shall be the duty of the owner of any vacant building within the city to keep all doors, windows and other openings in such building locked or otherwise secured so as to prevent unauthorized persons from entering such buildings.
- (5) Damaged buildings to be secured. It shall be the duty of the owner of any building which has been damaged by fire, wind or any other act of God or man to fence or close all openings or otherwise secure such building within ten days from the date of damage to the building so as to prevent children or any unauthorized person from entering.
(Code 1972, § 4-604; Code 1995, § 12-604)