[HISTORY: Adopted by the Borough Council of the Borough of
Milton 5-13-2015 by Ord. No. 1197.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch.
193, Rental Units, which was comprised of Art. I, Tenant Lists, adopted
5-24-1995 by Ord. No. 1070.
Purpose, scope, and declaration of policy. It is the purpose
of this chapter to establish policies and regulations which will facilitate
the protection and promotion of the health, safety, and welfare of
the residents of the Borough of Milton; to ensure the safe and responsible
maintenance and inspection of those properties which are non-owner-occupied
residential properties within the boundaries of the Borough of Milton;
and to ensure the safety and well-being of the occupants of those
properties, and the safety and property values of the Borough of Milton.
All definitions are as stated in the Definitions Ordinance of
the Milton Borough Code Book.[1]
A.
Property registration.
(1)
Within 60 days of the adoption of this chapter, the Borough shall
provide to each known owner of a rental unit, a blank property registration
form, to be completed and returned to the Borough within 30 days.
(2)
The owner of a multiple-unit dwelling may complete one property registration
form with an attachment listing multiple contiguous buildings within
a complex, provided that the list clearly identifies each building
by legal address and provides the listing of each rental unit within
each building individually by unit number and address.
(3)
Following the initial property registration, the owner shall be required
to inform the Borough of any substantial change to the property registration
information within 10 calendar days of the date on which the change
occurs. Examples of such changes would include but are not limited
to change in owner contact information, change in ownership, change
in building use, discontinuation of rental use, etc.
(4)
The owner shall be required to verify the information contained within
a property registration form prior to the renewal date of a rental
occupancy permit, as part of the notification of required inspection.
(5)
A property registration fee, payable to the Borough, may be assessed
by the Borough upon adoption of a resolution by Borough Council adopting
such a fee, which resolution shall have the same effect as if set
forth herein in full.
(6)
Unoccupied/vacant rental units are required to be registered with
the Borough.
B.
Requirements for rental occupancy permits.
(1)
No rental unit shall be permitted to be initially occupied until
a rental occupancy permit has been issued by the Code Enforcement
Officer. The rental occupancy permit will only be issued after completion
of an inspection by the Code Enforcement Officer, and determination
that the property is in compliance with the Code(s) of the Borough
of Milton.
(2)
A separate rental occupancy permit shall be required for each individual
rental unit comprising a multiple-unit dwelling.
(3)
A copy of the current rental occupancy permit shall be kept in the
landlord's records and be available upon request from law enforcement,
code enforcement, or tenant.
C.
Occupancy permits.
(1)
For a newly registered rental unit(s), the rental occupancy permit
will either be issued or denied for specified reasons within 15 days
of the receipt of a completed application and the completion of a
satisfactory inspection of the rental unit(s).
(2)
The denial of an initial application for a rental occupancy permit
will be for failure to provide the required information and/or documentation;
failure to comply with applicable federal, state or county regulations;
or failure to comply with applicable Borough of Milton ordinances
or codes.
(3)
Rental units are required to have a current rental occupancy permit
whether occupied, unoccupied, or vacant.
D.
Rental occupancy permit term. A rental occupancy permit shall have
a term of three years, beginning from the issue date of the initial
rental occupancy permit, and renewable only upon completion of required
inspection and verification of compliance with the regulations of
this chapter.
E.
Rental occupancy without permit. Owners shall be in violation of
this chapter if they allow the rental unit to be occupied prior to
the issuance of the initial rental occupancy permit for a new rental
unit; or to be occupied during any period after which the rental occupancy
permit remains unrenewed/expired, suspended, or revoked.
F.
Rental occupancy permit fee. Upon application for a rental occupancy
permit and prior to issuance or renewal thereof, each applicant shall
pay to the Borough a rental occupancy permit fee, in an amount to
be established, from time to time, by a resolution adopted by the
Borough Council; which resolution shall have the same effect as if
set forth herein in full. Such resolution may provide for more than
one fee scale for different categories of premises, as set forth specifically
in the resolution. The rental occupancy permit fee is intended to
be used to pay for the costs associated with the administration and
enforcement of these regulations, for the completion of investigations
and periodic inspections by the Code Official, and for other reasonably
necessary activities directly related thereto, as part of the annual
code enforcement budget of the Borough.
G.
Maximum occupancy. In accordance with applicable health and safety
regulations, the rental occupancy permit shall indicate the maximum
number of occupants permitted to occupy each rental unit as a living
space.
H.
Rental occupancy permit: unpaid fees, costs, taxes, or fines. No
rental occupancy permit shall be issued if the owner has any unpaid
fees, costs, taxes, or fines, past due and payable to the Borough.
J.
Tenant registration. Owners shall be required to furnish to the Borough
a list of the current tenants occupying their rental units. Such registration
shall be made each year at a minimum of one time between the period
of January 1 and June 30, and one time between the period of July
1 and December 31, and additionally within 10 days of a change in
tenant information.
A.
Frequency of inspections.
(1)
All rental units, including those unoccupied or vacant, and any applicable
adjacent common areas as defined by the Borough Ordinance, shall be
initially inspected by the Code Enforcement Officer prior to the issuance
of an initial rental occupancy permit, and inspected by the Code Enforcement
Officer a minimum of triennially (once every three years) thereafter.
The owner shall permit inspections of any regulated premises by the
Code Enforcement Officer at reasonable times and upon reasonable notice.
All such inspections shall be performed under and as provided for
within this chapter and any applicable Borough code.
(2)
Additional inspections may be performed at the request of the owner
or an occupant currently residing within the rental unit, or upon
receipt by the Code Enforcement Officer of a valid complaint from
a reliable person, agency, etc., and as otherwise permitted by law.
Additional inspections may be subject to a fee in accordance with
a fee schedule adopted by resolution of the Borough Council. Additional
inspections do not remove or alter the date of the inspection required
for renewal of the rental occupancy permit.
(3)
The property owner can request the mandatory inspection be done up
to three months prior to the required date; however, the rental occupancy
permit renewal date will still qualify as the benchmark for the next
required inspection.
B.
Failure to comply with inspections.
(1)
Should an owner fail to comply with the inspection requirements set
forth in this chapter, the Code Enforcement Officer may apply to the
Magisterial District Judge having jurisdiction in the Borough for
a search warrant to enter and inspect the premises. Entry with a search
warrant issued to the Borough Police Department will be completed
under the direction and supervision of the Borough Police Department.
Any and all costs relating to the application, issuance, and enforcement
of a search warrant will be assessed against the owner, and will be
due and payable to the Borough.
(2)
Failure to pay the assessed costs will result in further collection
proceedings and actions as allowed by current law, and any additional
court costs and/or legal fees incurred by the Borough will also be
assessed against the owner.
C.
Inspection deficiencies or code violations. All deficiencies or code
violations documented by the Code Enforcement Officer during an inspection
must be corrected within 30 days of the inspection report, provided
that such deficiencies or code violations do not cause the rental
unit to be unfit for habitation or pose a serious threat to the safety
of the occupants, adjacent property, or the public. In the event that
the Code Enforcement Officer, in their sole discretion, determines
that the resolution of the violation is of such a nature or scope
that it cannot be reasonably completed within the stated time requirements
as set forth above, the Code Enforcement Officer may issue a written
extension to a maximum of 60 days, provided that such extension does
not endanger the health and welfare of the occupants, adjacent property,
or the public.
A.
Regulatory compliance. It shall be the duty of every owner to comply
with the regulations of this chapter, and any and all applicable codes
or ordinances of the Borough and all applicable federal, state, and
county laws and regulations.
B.
Permitted use. Except as allowable by applicable law or code(s),
the owner shall prohibit the use of or by an occupant of a rental
unit for any purpose other than as a residence.
C.
Owner/occupant disputes.
(1)
Except as warranted by law enforcement activities of the Milton Borough
Police Department in accordance with existing law, the Borough of
Milton will not engage in the mediation of owner/occupant disputes
with regard to property rights, etc. All such matters are the civil
responsibility of the individuals involved.
(2)
The Code Enforcement Officer will respond appropriately with regard
to any owner or occupant complaints regarding safety or maintenance
issues within or upon the rental unit or adjacent common areas, and
will take the appropriate action against the owner with regard to
compliance with all applicable regulations or Borough Code.
D.
Regardless of the terms of any verbal or written agreement between
the owner and the occupant, the Borough shall regard the owner of
any rental unit to be the sole entity responsible and liable for compliance
with the regulations of this chapter. The owner shall be responsible
to provide, secure or contract the performance of all routine maintenance
or repairs necessary to ensure full compliance. In no case shall the
existence of any agreement between the owner and the occupant relieve
the owner of any responsibility or penalty under this chapter or other
ordinances or codes regarding property maintenance.
A.
The owner of a rental unit found to be in violation of this chapter shall be notified of the violation within 10 days of the occurrence and shall have 10 days after receipt of written notice from the Code Enforcement Officer to resolve the violation(s). Failure to resolve the violation(s) will result in the issuance of a citation in accordance with § 193-7 of this chapter.
B.
In the event that three violations of this chapter, whether caused
by either the owner or occupant, involving the same rental unit, occur
within a one-year period beginning on the date of issuance of a rental
occupancy permit, or within each one-year period thereafter, the Code
Enforcement Officer may suspend the rental occupancy permit, resulting
in the mandatory vacating of the rental unit.
Any landlord aggrieved by the revocation of a rental occupancy
permit shall have the right to request and have a hearing before the
Milton Borough Council. If any person so aggrieved desires a hearing,
they shall, within five days after receiving notice of the revocation,
advise the Borough Manager, in writing, of the request for a hearing.
The hearing before the Borough Council shall be held within 30 days
from the date on which the Borough Council received the hearing request.
Upon completion of the hearing, the Borough Council shall, within
10 days, issue a written decision based upon written findings of fact
affirming or overturning the revocation of the rental occupancy permit.
