§ 26-10. Maintenance of nonresidential property.  


Latest version.
  • The owner of each nonresidential property, including any property converted from residential use, must comply with the following requirements:
    (a) Grounds maintenance. Each lawn or other land not covered by a structure must be properly maintained reasonably free of erosion, gullying, and missing ground cover. All weeds and grass must be cut periodically, and must not grow more than 12 inches high when required by Chapter 58. Lawns, shrubbery, trees, vines, hedges, dead trees or branches, and other vegetation must be maintained so they do not endanger public health or safety.
    (b) Structure maintenance. Each structure must be structurally sound and maintained in good repair. Each surface exposed to the elements and susceptible to deterioration must be painted or provided with a suitable, weather-resistant protective coating sufficient to prevent deterioration.
    (c) Exterior surfaces. Each exterior surface and appurtenance, such as a wall, window, door, roof, canopy, step, walkway, planter box, or sign, must be maintained in good condition, with materials having properties and qualities substantially equal to the original materials, and substantially free from damage and deterioration. Each exterior surface must be maintained free of flaking, peeling, or loose paint, and graffiti as defined in Section 32-12A.
    (d) Rubbish and garbage. All rubbish and garbage must be stored in approved containers as required by Chapter 48. The owner and each tenant of a nonresidential structure are both responsible for providing sufficient rubbish and garbage containers to prevent overflow, and for maintaining the premises as required by Chapter 48. Litter, rubbish, refuse, and garbage must not remain on the property outside of approved storage containers, or containment areas approved for bulk objects, for more than 24 hours. An owner or tenant of any nonresidential property must not let trash, litter, or rubbish be carried to or deposited on any street, sidewalk or other public or private property.
    (e) Paved surfaces. The paved and gravel surfaces of each entry apron, driveway, sidewalk, and parking lot must be maintained in good, serviceable, and safe condition.
    (f) Public nuisance. Each owner, after notice, must eliminate any condition which creates a public nuisance in a manner that will prevent its reoccurrence. (1988 L.M.C., ch. 23, § 2; , § 1.)
    Editor’s note—Former § 26-23, “Minimum standards for nonresidential property,” was repealed, reenacted with amendments, renumbered § 26-10, and retitled pursuant to , § 1.
    Editor’s note—Former § 26-10, “Responsibilities of owners and occupants,” derived from Mont. Co. Code 1965, § 91-9; Ord. No. 6-162, § 2; 1982 L.M.C., ch. 19, § 2; 1988 L.M.C., ch. 23, § 1; 1997 L.M.C., ch. 1, § 1, was repealed by , § 1.
    Editor’s note—Former § 26-10A, “Security requirements for rental dwelling units and personal living quarters,” which was derived from 1982 L.M.C., ch. 19, § 3; 1998 L.M.C., ch. 23, § 1 and 1997 L.MC., ch. 1; and former § 26-21, “Smoke detectors” which was derived from 1977 L.M.C., ch. 9, § 2; 1978 L.M.C., ch. 40, § 2; 1980 L.M.C., ch. 29, § 1; 1984 L.M.C., ch. 24, § 29; 1988 L.M.C., ch. 23, § 1; 1996 L.M.C., ch. 20, § 1; 1998 L.M.C., ch. 12, § 1; , § 1; , § 2, were repealed, reenacted with amendments, renumbered § 26-8, and retitled pursuant to , § 1.