[HISTORY: Adopted by the Borough Council of the Borough of Milton 7-14-2004 by Ord. No. 1147. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 185, Property Maintenance, adopted 2-22-1995 by Ord. No. 1063, as amended.
A certain document, one copy of which is on file in the office of the Code Enforcement Officer of the Borough of Milton, being marked and designated as the "International Property Maintenance Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the Borough of Milton, in the State of Pennsylvania for regulating and governing the conditions and maintenance of all properties, buildings and structures by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary, and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the office of the Borough of Milton are hereby referred to, adopted, and made a part hereof, as if fully set out in this chapter, with the additions, insertions, deletions, and changes, if any, prescribed in § 185-2 of this chapter.
The following sections are hereby amended to read as follows:
Section 101.1, insert: "Borough of Milton."
Section 102.3, delete: "International Zoning Code;" insert: "Borough of Milton Zoning Ordinance."
Section 103.5, insert: "see Building Permit and Rental Inspection Fees listed in the Milton Borough Codes Manual."
Section 106.3, delete: "misdemeanor;" insert: "summary offense."
Section 106.4, insert: "A fine of $25 for first violation, $100 for second violation, and $200 for third and all subsequent violations, and or imprisonment for a term not to exceed 30 days."
Section 302.4, insert: "eight inches maximum in height."
Section 302.4.1, addition: "Trimmings or debris from trimming, cutting, or removal of such vegetation shall not be permitted to remain on the property in such a manner as to cause any unpleasant or noxious odor, lead to rodent infestation, or create or produce excessive airborne seed, or create a public nuisance."
Section 302.4.2, addition: "All resulting vegetation, trimming or debris must be removed immediately from all public sidewalks, alleys, roadways, roadway berms, or storm drains. Trimmings are not permitted to be burned."
Section 302.4.3, addition: "Vegetation, trimmings, or debris may not be placed on local streambanks or deposited in local streams as a means of disposal."
Section 302.8, revision: "Abandoned Vehicles — The Borough of Milton, Pennsylvania, finds that the storage and/or parking of an inoperative, unlicensed, uninspected, wrecked, junked, stripped, or abandoned vehicle on public or private property creates a health and safety hazard in the community and has, therefore, adopted the following regulations."
Section 302.8.1, addition: "VEHICLE definition — Any device designed for the conveyance of any person or property, except a self-propelled wheelchair or electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability."
Section 302.8.1, addition: "Unlawful Acts — No inoperative, unlicensed or uninspected vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled, unless it is inside a fully enclosed and properly constructed walled and roofed structure designed for such purposes and approved by the Borough of Milton."
Section 302.8.2.2, addition: "The spray painting of any vehicle on any property within the Borough of Milton is hereby prohibited unless the painting is conducted inside a properly constructed walled and roofed structure approved as an auto spray paint facility, in accordance with any applicable local, state, or federal regulations. Exception: minor paint touchup with aerosol can products."
Section 302.8.2.3, addition: "No vehicle on public or private property shall be used for any purpose for which it was not intended, including storage or as a trash container, the housing of animals or people, nor shall it be in such condition that it draws rodents, birds, or other animals for nesting and hiding."
Section 302.8.3, addition: "Responsible Persons — Any owner of a vehicle in violation of this code, or owner or occupant of any property who allows, permits, or suffers a vehicle in violation of this code to remain on a property for a period in excess of 48 hours shall be liable to penalties and fees as set forth in this chapter."
Section 302.8.4.1, addition: "Notice To Remove — The Code Enforcement Officer or agency designated by the Borough of Milton, upon finding a violation of this code, shall notify the owner of the property on which the vehicle is stored or parked, or the owner of the vehicle, or both, of the violation, and order that the vehicle be removed within 10 days of receipt of notification."
Section 302.8.4.2, addition: "Notice shall be given by personal service or by United States mail to the last known address of the violator. In the event that, on diligent search, the address of either the property owner or the vehicle owner cannot be ascertained, or the notice is returned refused, the posting of said notice or copies therefor on the real property, vehicle, structure, or area immediately adjacent thereto shall be deemed sufficient notice."
Section 302.8.5, addition: "Removal and Costs By Borough — If a vehicle in violation is located on public or private property and is not removed within the required time period, the Borough of Milton may, through its own agents, contractors, and or employees, have the vehicle removed and charge the cost of removal to the vehicle owner. All costs incurred and unpaid, after proper demand and refusal or failure to pay, shall, after 10 days, constitute a lien against the vehicle, and subject the vehicle owner to additional legal action, as allowable by law. Costs for storage of a removed vehicle may also be assessed against the vehicle owner by the storage facility. Nonpayment of storage fees may result in the forfeiture of the vehicle in accordance with Pennsylvania law.
Section 302.8.6 addition: "Emergency Conditions — Nothing in this chapter shall prevent the Borough of Milton and its employees or agents, from removing on public or private property without notice any attended or unattended vehicle the presence of which constitutes a hazard or threat to the life, health, safety, welfare of the citizens of Milton, and/or which is imminently dangerous and, in the opinion of the authorized Borough officials, constitutes a nuisance which gives rise to the existence of emergency conditions."
Section 302.10, addition: "Prohibited Use of Indoor Furniture Outdoors — The Borough of Milton has determined that furniture designed for interior home use when utilized In an exterior location, where it is exposed to the elements or poses a risk to the health and safety of the community in that it is susceptible to infestation by insects or rodents, rot and decay, or mold and mildew, and/or poses a risk and/or poses a fire hazard from contact with cigarettes, matches, or other combustibles, and therefore constitutes objectionable debris. The Borough of Milton therefore prohibits the use or placement of such furniture in exterior areas to the fully enclosed living quarters of any dwelling or commercial property. Such use or placement shall be considered a violation of this chapter."
Section 304.14, insert: "May 1/October 1."
Section 602.3, insert: "September 1 to June 1."
Section 602.4, insert: "September 1 to June 1."
Section 605.2, revision: "Every habitable space in a dwelling shall contain at least two separate and remote receptacle outlets. Every laundry area shall contain at least one grounded-type receptacle or a receptacle with a ground-fault circuit interrupter. Kitchen countertop receptacles within six feet of the sink shall be ground-fault-circuit interrupter protected. Every bathroom shall contain at least one ground-fault-circuit-interrupter-protected receptacle."