[HISTORY: Adopted by the Borough Council of the Borough of Milton 5-11-2016 by Ord. No. 1205. Amendments noted where applicable.]
Advertising materials — See Ch. 85.
Animals — See Ch. 93.
Brush, grass and weeds — See Ch. 99.
Building construction — See Ch. 103.
Construction codes — See Ch. 113.
Electrical standards — See Ch. 119.
Fire prevention — See Ch. 133.
Plumbing standards — See Ch. 181.
Rental property — See Ch. 193.
Solid waste — See Ch. 204.
Streets and sidewalks — See Ch. 209.
Abandoned vehicles — See Ch. 229.
Editor's Note: This ordinance also provided for the repeal of former Ch. 185, Property Maintenance, adopted 7-14-2004 by Ord. No. 1147.
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, 2015 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 property, buildings and structures; by providing the standards for supplied utilities 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."
Section 102.3: Insert "Borough of Milton Zoning Ordinance."
Section 103: Replace "Property Maintenance Inspection" with "Borough Code Enforcement."
Section 103.1: Replace "Property Maintenance Inspection" with "Borough Code Enforcement."
Section 103.5: Insert "See building permit and rental inspection fees listed in the Milton Borough Codes manual."
Section 106.3: Delete "misdemeanor."
Section 106.3: Insert "summary offense."
Section 106.4: Insert "Penalties and enforcement shall be as set forth in Ordinance No. 1195, with the exception of Section 4 thereof, and with the violation penalty to be set at a Level 2 violation."
Section 108.2: Insert the following between "code official" and "shall": ", with the approval of the office of the Borough Manager,".
Section 109.4: Insert the following between "code official" and "shall": ", with the approval of the office of the Borough Manager,".
Section 110.3: Insert the following between "code official" and "shall": ", with the approval of the Milton Borough Council,".
Section 111.9: Insert "Fee for Appeal Hearing- The fee for an appeal hearing shall be $475."
Section 112.4: Remove "shall be liable to a fine of not less than (amount) dollars or more than (amount) dollars."
Section 112.4: Insert "shall be prosecuted and fined as set forth in Ordinance No. 1195, with the exception of Section 4 thereof, and with the violation penalty to be set at a Level 2 violation."
Section 201.3: Remove "International Zoning Code."
Section 201.6: Add "Conflicts. When conflicts occur between definitions of this code and the Definition Ordinance of the Code of the Borough of Milton, the definitions of this code shall apply."
Section 202: Add "Abandoned Vehicles - A vehicle that is inoperative, unlicensed, uninspected, wrecked, junked, stripped, in disrepair, dismantled, or in the process of being stripped or dismantled."
Section 202: Add "Vehicles - 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 mobility-related disability."
Section 202: Remove "Code Official."
Section 202: Add "Code Official (Building Official)."
Section 302.4: Insert "eight inches maximum in height."
Section 302.4.1: Add "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: Add "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: Add "Vegetation, trimmings, or debris may not be placed on local stream banks or deposited in local streams as a means of disposal."
Section 302.8: Remove "Motor Vehicles - Except as provided for in other regulations, no inoperative or unlicensed motor vehicles 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. Painting of vehicles is prohibited unless conducted inside an approved spray booth."
Section 302.8: Add "Abandoned Vehicles - The Borough of Milton finds that, except as provided for in other regulations, no inoperative or unlicensed or uninspected or abandoned or wrecked vehicles shall be parked, kept or stored on any public or private property, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being junked, stripped or dismantled, or create a health and safety hazard in the community. Painting of vehicles is prohibited unless conducted inside an approved spray booth."
Section 302.8.1: Add "Exception: Minor paint touchup with aerosol-can products."
Section 302.8.2: Add "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: Add "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 ordinance."
Section 302.8.4: Add "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 302.8.5: Add "Notice shall be given by personal service or by the 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 thereof on the real property, vehicle, structure, or area immediately adjacent thereto shall be deemed sufficient notice."
Section 302.8.6: Add "Vehicle Removal by Borough and Costs - 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 fines and penalties as set forth in Section 106.4, and any other additional legal action as allowed 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 the forfeiture of the vehicle in accordance with Pennsylvania law."
Section 302.8.7: Add "Emergency Conditions - Nothing in this ordinance shall prevent the Borough of Milton and its employees or agents from removing on public or private property, without notice, any attended or unattended or abandoned vehicle, the presence of which constitutes a hazard or threat to the life, health, safety, or 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: Add "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, 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 ordinance."
Section 304.14: Insert "May 1st /October 1st."
Section 602.3: Insert "September 1st - June 1st.
Section 602.4: Insert: September 1st - June 1st.
Section 605.2: Remove the entire paragraph.
Section 605.2: Insert "Every habitable space in a dwelling shall contain not less than two separate and remote receptacle outlets. Every laundry area shall contain not less than one grounded-type receptacle or a receptacle with a ground-fault circuit interrupter. Every bathroom shall contain not less than one ground-fault circuit interrupter protected receptacle. Any new bathroom receptacle outlet shall have ground-fault circuit interrupter protection. All receptacle outlets shall have the appropriate faceplate cover for the location. Kitchen countertop receptacles within six feet of the sink shall be ground-fault circuit interrupter protected."
Section 704.1: Insert after code "and the manufacturer's instructions."
Ordinance Number 1147 of the Borough of Milton, entitled "2003 International Property Maintenance Code," and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of the chapter. The Borough Council hereby declares that it would have passed this chapter, and such section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
Nothing in this chapter or in the International Property Maintenance Code hereby adopted shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 185-3, nor shall any just or legal right or remedy of any character be lost, impaired or affected by this chapter.
The Borough's Secretary is hereby ordered and directed to cause this chapter to be published.
This chapter and the rules, regulations, provisions, requirements, orders and matters established and adopted hereby shall take effect and be in full force and effective five days from and after the date of its final passage and adoption.