Council hears update on code enforcement and rental inspections

Milford City Council heard an explanation of code enforcement and rental inspections

With four new members, Milford City Council was provided with information on the city’s code enforcement and rental inspection process. City planner Rob Pierce began the presentation by explaining what codes were used in enforcement.

“For the code enforcement, we use Chapter 174 which adopts a standard called the International Property Maintenance Code which deals with both the interior and exterior of structures. About 85 to 90 percent of what we do in code enforcement is exterior.”

Under Chapter 180, the city requires a residential rental license which costs $50 per year and units are inspected every four years. Inspections are performed by ward and in compliance with both Chapter 174, Chapter 88 which covers building construction and Chapter 230 which covers zoning.

“We give the landlords notice so they can prepare for us to come, and we send out some guidelines at the beginning of the year, just to let them know what we are inspecting,” Pierce said. “As for code enforcement, exterior violations, both rental and non-rental, are both proactive enforcement and complaint driven. Interior violations pertain to rentals only and may identify unsafe conditions. There are instances when we get calls from the police department about unsafe conditions in an owner-occupied home, but we don’t go inside to identify code violations unless that happens.”

Pierce provided details on some of the violations that may be documented, including sanitation, grading and drainage, sidewalks, approved parking surfaces, weeds, rodent harborage, exhaust vents and problems with accessory structures. Other violations may include abandoned motor vehicles, defacement of property, indoor furniture in outdoor areas, problems with swimming pools, spas, hot tubs or enclosures, just to name a few.

“The new Civic Access Portal, which went live about 30 days ago, allows the public to view licenses, permits, violations and plan cases on properties,” Pierce said. “Once a violation is noted, a notice is prepared citing the violation, the corrective action that has to be taken, penalties and methods for appealing.”

Once a code violation is created, a notice is delivered personally, then by certified or first-class mail. If the notice is returned, a copy is posted on the property. Once notice has been provided, the property owner has a specific period to remedy the violation but may be dependent on the time of year.

“For instance, if the issue is peeling paint and it is February, we can allow additional time for the weather to warm up,” Pierce said. “When it comes to rental units, we do have the authorization to revoke the rental license. The city also has the right to remedy some issues on their own and bill the property owner. For instance, we can cut the grass and then bill you for the service.”

In 2018, the city closed 47 code enforcement violations while in 2023, they closed 197. Pierce also explained that each violation is a separate offense, except for grass which remains open during the growing season.

“So, if the property owner has rubbish in the yard and they clean it up, the violation is considered remedied and closed,” Pierce said. “If next month, the rubbish returns, this is a new code violation and considered a separate case. These repeat violations are often rubbish, parking on grass and abandoned cars.”

Pierce suggested that adding a provision for repeat offenders would be helpful to code enforcement.

“I’m glad you brought up the habitual offender. One of the problems I see driving here constantly is the parking on the grass is only going to get worse,” Councilman Dan Marabello said. “I think we have to crack down on them, because I don’t know whose authority that is and you may need police backup.”

Pierce explained that this was a violation that was difficult to enforce as the property owner would move the car and then, a few weeks later, park on the grass again. This opened up a new violation and the penalties were not progressive. Jamie Sharp, who was sitting in for City Solicitor David Rutt, stated that having a graduated penalty for repeat violations may reduce some of the repeat offenders.

Councilwoman Nirmala Samaroo felt that four years between rental inspections was too long as a lot could happen in four years.

“This council, including myself, would like to see some tightening of some of the codes or people not in compliance. But we’re also asking one individual who’s doing 2,300 inspections that when there is an infraction, to go back out and recheck that and everything,” Councilman Michael Stewart said. “Realistically, how much time does he have to be able to recheck and enforce the code of people parking on the sidewalk or whatever?”

Pierce said that the process currently was manageable, but that if they performed rental inspections more often, there would be need for additional code enforcers. Samaroo pointed out that Ward 2 had not been inspected since 2021 and would not be inspected again until the following year, which meant those rentals were going on five years with no inspection. Pierce stated that the city did have a contract with First State Inspection Agency, but they were an on-call basis to cover vacations and sick leave of the city inspectors.