[HISTORY: Adopted by the Borough Council of the Borough of Milton 3-22-2023 by Ord. No. 1245.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 185, Property Maintenance, adopted 5-11-2016 by Ord. No. 1205.
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 regulation 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 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 therefore; and each and all 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 to read as follows:
A. 
Section 101.1 is amended by inserting the words "Borough of Milton."
B. 
Section 102.3 is amended by replacing the words "International Zoning Code" with "Borough of Milton Zoning Ordinance."
C. 
Section 103 is amended by replacing the words "Property Maintenance Inspection" with "Borough Code Enforcement."
D. 
Section 103.1 is amended by replacing the words "Property Maintenance Inspection" with "Borough Code Enforcement."
E. 
Section 103.5 is amended by inserting the phrase "See building permit and rental inspection fees listed in the Milton Borough Codes Manual."
F. 
Section 106.3 is amended by replacing the word "misdemeanor" with "summary offense."
G. 
Section 106.4 is amended by inserting the phrase "Penalties and enforcement shall be as set forth in Ordinance No. 1246, with the exception of Section 4 thereof, and with the violation penalty starting at a Level Two violation, or as set forth in Ordinance No. 1246 known as the Quality of Life Ticketing Ordinance."
H. 
Section 108.2 and 109.4 are amended by adding the words "with the approval of the office of the Borough Manager" between the words "code official" and "shall;"
I. 
Section 110.3 is amended by adding the words "with the approval of the Milton Borough Council" between the words "code official" and "shall;"
J. 
Section 111.9 is amended by inserting "Fee for Appeal Hearing - The fee for an appeal hearing shall be $750, the same as a PA UCC Appeal."
K. 
Section 112.4 is amended by removing the words "shall be liable to a fine of not less than (amount) dollars or more that (amount) dollars" and inserting the words "shall be prosecuted, and fined as set forth in Ordinance No. 1195 with the exception of Section 4 hereof, and with the violation penalty to be set at a Level Two violation, or as set forth in Ordinance No. 1235 known as the Quality of Life Ticketing Ordinance."
L. 
Section 201.3 is amended by removing the words "International Zoning Code."
M. 
Section 201.6 is amended by adding the words "Conflicts. When conflicts occur between definitions of this code and the Definition Ordinance of the Codes of the Borough of Milton, the definitions of this code shall apply."
N. 
Section 202 is amended by adding the phrase "Abandoned Vehicles - A vehicle that is inoperative, unlicensed, uninspected, wrecked, junked, stripped, in disrepair, dismantled, or in the process of being stripped or dismantled."
O. 
Section 202 is amended by adding the phrase "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."
P. 
Section 202 is amended by adding the phrase "Approved Containers (Rubbish or Garbage) - shall include a completely covered metal or plastic receptacle(s) or enclosed commercial dumpster or open-top dumpster covered with a tarp. The approved containers shall be leak-proof and have a close-fitting cover and be suitable for outside conditions."
Q. 
Section 202 is amended by removing the words "Code Official" and inserting the words "Code Official (Building Official)."
R. 
Section 202 is amended by adding the phrase "Satellite Dish Antenna(s) - An antenna, together either with all attachments and parts thereof, used to receive television signals from orbiting satellites. Parabolic antenna(s) and satellite dishes are included in this definition."
S. 
Section 302.4 is amended by inserting the words "eight inches maximum in height."
T. 
Section 302.4.1 is amended by inserting the phrase "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 unpleasant or noxious odor, lead to rodent infestation, or create or produce excessive airborne seed, or create a public nuisance."
U. 
Section 302.4.2 is amended by inserting the phrase "All resulting vegetation, trimmings, or debris must be removed immediately from all public sidewalks, alleys, roadways, roadway berms, or storm drains. Trimmings are not permitted to be burned."
V. 
Section 302.4.3 is amended by inserting the phrase "Vegetation, trimmings, or debris may not be placed on local stream banks or deposited in local streams as a means of disposal."
W. 
Section 302.8 is amended by removing the provisions for Motor Vehicles (and definition) and adding the following phrase "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 creates a health and safety hazard in the community. Painting of vehicles is prohibited unless conducted inside an approved spray booth."
X. 
Section 302.8.1 is created by inserting the phrase "Exception: Minor paint touchup with aerosol-can products."
Y. 
Sections 302.8.2 is created by inserting the phrase "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."
Z. 
Section 302.8.3 is created by inserting the phrase "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."
AA. 
Section 302.8.4 is created by inserting the phrase "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 vehicles, or both, of the violation and order that the vehicle be removed with 10 days of the receipt of notification."
BB. 
Section 302.8.5 is created by inserting the phrase "Notice shall be given by personal service or by the United States mail to the last-known address of the violator. In the event 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."
CC. 
Section 302.8.6 is created by inserting the phrase "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 in forfeiture of the vehicle in accordance with Pennsylvania law."
DD. 
Section 302.8.7 is created by inserting the phrase "Emergency Conditions - Nothing in this chapter shall prevent the Borough of Milton and its employees and agents from removing 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."
EE. 
Section 302.10 is created by inserting the phrase "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 chapter."
FF. 
Section 304.14 is amended by inserting the words May 1/October 1."
GG. 
Section 304.20 is created by inserting the phrase "Satellite dish antennas shall be installed one per residence, all others shall be removed prior to a new installation, shall be roof-mounted, wall-mounted, or ground-based, and shall not be larger than 40 feet in width, shall be mounted in a safe and stable manner to prevent damage or injury, shall be grounded as required and all wiring of a ground-based dish antenna shall be placed below ground level, and shall be installed with all applicable federal, state or local laws, codes, and ordinances. The satellite dish antenna shall be permitted to be placed on the side or rear of the roof, wall, or yard areas. The front roof, wall or yard area shall not be used to place a satellite dish antenna unless it can be established that any other permitted location would create a material reduction in signal reception or would result in a significant additional cost to the property owner. The property owner is responsible for the installation and placement of any new satellite dish antenna(s) and the removal/disposal of all unused satellite dish antenna(s)."
HH. 
Section 308.2.3 is created by inserting the phrase "Rubbish shall be permitted to be set out for pick up for disposal purposes the day before scheduled pickup. The rubbish shall be kept in approved containers until said pick up has occurred."
II. 
Section 308.3.3 is created by inserting the following phrase "Garbage shall be permitted to be set out for pick up for disposal purposes the day before scheduled pickup. The garbage shall be kept in approved containers until said pick up has occurred."
JJ. 
Section 602.3 is amended by inserting the words "September 1 - June 1."
KK. 
Section 602.4 is amended by inserting the words "September 1 - June 1."
LL. 
Section 605.2 is amended by removing the entire paragraph and inserting the following phrase "Every habitable space in a dwelling shall contain not less than two separate remote receptacle outlets. Every laundry area shall contain not less than one grounded-type receptacle of 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."
MM. 
Section 704.1 is amended by inserting the words "and the manufacturer's instructions" after the word "Code."
Ordinance No. 1205 of the Borough of Milton, entitled "2015 International Property Maintenance Code," and Ordinance No. 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 Ordinance. 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 § 185-2 of this chapter; 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.