[HISTORY: Adopted by the Borough Council of the Borough of
Milford 9-15-2020 by Ord. No. 469. Amendments noted where applicable.]
A.
It is the purpose of this chapter and the policy of the Council of
the Borough of Milford, in order to protect and promote the public
health, safety and welfare of its citizens to establish rights and
obligations of owners and occupants relating to residential rental
units in the Borough of Milford and to encourage owners and occupants
to maintain and improve the quality of rental housing within the community.
It is also the policy of the Borough that owners, managers and occupants
share responsibilities to obey the various codes adopted to protect
and promote the public health, safety and welfare. As a means to those
ends, this chapter provides for a system of residential rental registration
and licenses and sets penalties for violations. This chapter shall
be liberally construed and applied to promote its purposes and policies.
B.
In considering the adoption of this chapter, the Council of the Borough
of Milford makes the following findings:
(1)
The Borough has numerous residential rental properties that may be
nonconforming and/or in violation of building codes.
(2)
There is a greater incidence of property maintenance issues which
adversely affect the quality of life in the neighborhood at residential
rental properties than at owner-occupied residential properties.
(3)
The health, safety and welfare of occupants of rental units within
the Borough would be enhanced by a system of residential rental unit
licensing, ensuring compliance with the codes governing the maintenance
of existing structures.
The Borough Code Enforcement Officer or such other individual
or firm appointed by the Borough Council shall administer this chapter
in accordance with its terms and shall be responsible for instituting
enforcement proceedings on behalf of the Borough.
As used in this chapter, the following terms shall have the
meaning indicated unless a different meaning clearly appears from
the context:
An adult individual designated by the owner of a residential
rental unit as a responsible local agent.
Any structure or part thereof designed to be occupied as
living quarters as a single housekeeping unit.
Any person, firm, corporation or other entity, or agent thereof,
who is listed as the owner of the dwelling unit(s) on the Pike County
tax rolls.
A document issued every year for a fee by the Borough of
Milford to the owner or responsible agent of a residential rental
unit evidencing the existence of said residential rental unit upon
completed application by owner or agent to the Borough of Milford.
A person who has the use, either by himself or herself, or
with others, of a dwelling unit owned by a person other than himself
or herself, for a period exceeding 30 days, whether or not money has
been exchanged.
It shall be the duty of every owner to keep and maintain all
regulated rental units and premises in compliance with all applicable
codes and provisions of all other applicable laws and regulations
and local ordinances and to keep said property in a good and safe
condition. As provided in this chapter, every owner shall be responsible
for regulating the proper and lawful use of said property.
A.
License requirement. It shall be unlawful for any person, firm or
business entity to conduct or operate or cause to be rented, either
as owner, agent or manager, within the Borough any residential unit
without having first obtained a license to do so as hereafter provided.
B.
Application. Within 90 days after the effective date of this chapter
and annually thereafter, the owner of each residential rental unit
existing on the effective date of this chapter shall make written
application to the Borough Secretary for a license for such use on
a form to be supplied by the Borough Secretary and containing such
information as necessary to administer and enforce and to ensure compliance
with the provisions of this chapter and the Borough Building Codes.
The application shall include, but not be limited to, the following
information:
(1)
List of the dwelling units owned by the landlord, located within
the Borough of Milford limits, whether occupied or not occupied;
(2)
Address of each dwelling unit;
(3)
Brief description of each dwelling unit;
(4)
Whether or not said dwelling unit is inhabited or utilized by tenants;
(5)
Names of the tenant or tenants utilizing the dwelling units if any;
and
(6)
Name and contact information for the agent of the owner.
C.
Designation of agent. Every owner who is not a full-time resident
of the Borough of Milford or elsewhere in an area that is not within
a twenty-mile radius of the Borough of Milford shall designate an
agent who shall reside in the Borough of Milford or in an area that
is within a twenty-mile radius of the Borough of Milford. If the owner
is a business entity, an agent shall be required if an officer of
the business does not reside within the aforesaid area. The agent
shall be authorized by the owner to receive service of process, notices
and demands, as well as perform the obligations of the owner under
this chapter. The identity, address and telephone number of the person
who is designated as agent shall be provided by the owner or agent
to the Borough, and such information shall be kept current and updated
as it changes.
D.
Issuance of license. Upon the receipt of a fully completed application,
including the list of tenants' names and the appropriate license
fee and provided that the owner is not in violation of the requirements
of this chapter or any ordinance or code of the Borough, the Borough
Secretary shall issue a license for the property.
E.
Renewal of license. Each license shall expire on the date set on
the license and shall be renewed upon reapplication by the owner as
long as the owner is not in violation of the requirements of this
chapter or any ordinance or code of the Borough.
F.
Transfer of license/change of ownership. The license issued is transferable
to any person or entity who has acquired ownership of the licensed
residential rental unit for the unexpired portion of the licensed
term for which it was issued or reissued, provided that the application
to transfer such license is filed with the Borough Secretary at least
10 days prior to any change in ownership and the licensed residential
rental unit is in compliance with all of the Borough codes and ordinances.
G.
During the term of the license, the owner or the agent shall notify
the Borough Secretary of any change in tenants within 30 days of the
change.
A.
The owner shall maintain the premises in compliance with the applicable
codes of the Borough and shall regularly perform all routine maintenance
and shall promptly make any necessary repairs to fulfill this obligation.
B.
Inspections by Code Enforcement Officer. The owner shall permit inspections
of any premises by the Code Enforcement Officer at reasonable times
upon reasonable notice. The Code Enforcement Officer may inspect premises
with the tenant's approval at any reasonable time.
The tenant shall comply with all applicable codes and ordinances
of the Borough of Milford.
A.
Inspection of premises. The tenant shall permit inspections of any
premises by the Code Enforcement Officer at reasonable times upon
reasonable notice. The Code Enforcement Officer may inspect premises
with an owner's approval at any reasonable time.
B.
Disruptive conduct. The occupant shall not engage in nor tolerate
nor permit others on the premises to engage in disruptive conduct
or other violations of this chapter.
A.
The Code Enforcement Officer may suspend a license upon a finding
that one or more of the requirements of the Borough Codes or Borough
Zoning Ordinance[1] has been violated. The Code Enforcement Officer shall
give written notice to the owner and agent if applicable of the violations
of the Borough Codes or Zoning Ordinance. Upon failure of the license
holder to correct the violation stated in the notice of violation
within 30 days, the license may be revoked. The suspended license
may be reinstated upon meeting the requirements of the Code.
B.
Nonrenewal. Nonrenewal is the determination by the Code Enforcement
Officer that an owner's application for a license should not
be granted or renewed because the owner is in violation of a provision
or provisions of any Borough Code. The Borough Secretary will accept
application for renewal of a license but will not approve or disapprove
the same until the Code Enforcement Officer confirms that all prior
violations of this chapter have been corrected.
C.
Failure to file an application for residential rental license. In
the event that an owner fails to file an application for a residential
rental license as required by this chapter, the Borough Secretary
shall provide written notice to the owner that unless the owner files
said application within 10 business days of the date of the letter,
the Borough Secretary may deny license renewal after the expiration
of the present license and/or file charges for the violation.
D.
Discontinuation of occupancy. When a license has been denied, expired,
suspended or revoked, no further rental or occupancy of such rental
units shall be permitted until a license has been issued.
A.
It shall be unlawful for any person as either owner or agent of a
regulated rental unit for which a license is required to operate without
a valid current license issued by the Borough authorizing such operation.
It shall be unlawful for any owner or occupant to violate this chapter.
B.
Any person who shall violate any provision of this chapter shall,
upon conviction thereof, be sentenced to pay a fine of $600 and pay
the Borough's reasonable attorney's fees and cost incurred
in pursuing said matter. Each additional day shall constitute a separate
and distinct violation, and, upon default of payment, to imprisonment
for a term of not less than 30 days. It shall be unlawful for any
owner to conduct or operate or cause to be rented, either as owner,
agent or manager, within the Borough of Milford any dwelling unit
used by a tenant(s) without first obtaining a license to do so as
provided for herein.
The fee for a residential rental license shall be set by the
Borough Council upon enactment of this chapter and may be amended
by the Borough Council from time to time.
All mailings under this chapter shall be made by the Borough
of Milford via United States mail, postage prepaid, certified mail,
return receipt requested.
Appropriately zoned hotels, motels and bed-and-breakfasts are
exempt from this chapter.
