Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Bethany Beach 3-16-1979 by Ord. No. 82 (Ch. 76 of the 1992 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Property maintenance — See Ch. 475.
Solid waste — See Ch. 486.
Trees — See Ch. 507.

§ 440-1 Growth restricted.

[Amended 5-18-1990 by Ord. No. 247; 4-19-1996 by Ord. No. 299]
No owner or occupier of any lot, place or area within the corporation limits of the Town nor any agent of such owner or occupier shall permit upon such lot, place or area or upon any sidewalk abutting such lot any unregulated growth of grass or other vegetation in excess of eight inches.

§ 440-2 Notice to cut or remove.

The Town Manager is authorized and directed to notify, in writing, by certified or registered mail with return receipt requested, by postage prepaid, the owner or occupier of any lot, place or area within the corporate limits of the Town or the agent of the owner or occupier to cut, destroy and remove any unregulated growth found growing, lying or located on such owner's or occupier's property or upon the sidewalk abutting the same.

§ 440-3 Effect of notice.

[Amended 4-18-1997 by Ord. No. 314]
The owner or occupier or the agent of the owner or occupier of any lot, place or area having in any calendar year received notice pursuant to the provisions of § 440-3 shall be deemed to have received notice for the remainder of the year that on the first day of each month, thereafter, the Town may, without further notice, cut, destroy and remove all unregulated growth lying or located on such owner's or occupier's property or upon the sidewalk abutting the same and that the cost of such removal shall be charged and collected in accordance with the provisions of this chapter.

§ 440-4 Cutting or removal by Town.

[Amended 4-18-1997 by Ord. No. 314]
Upon the failure, neglect or refusal of any owner or occupier or the agent of such owner or occupier to cut, destroy and remove any unregulated growth growing, lying or located on such owner's or occupier's property or upon the sidewalk abutting the same within five days after receipt of such written notice or within 10 days of the mailing of such notice, in the event that the notice is returned to the post office located in the Town due to the inability to make delivery thereof, the Town Manager is authorized to remove and to pay for the cutting, destroying or removal of such unregulated growth pursuant to the provisions of this chapter.

§ 440-5 Cost of removal by Town; payment by owner.

[Amended 9-18-1992 by Ord. No. 279; 4-18-1997 by Ord. No. 314; 1-15-1999 by Ord. No. 333]
Whenever the Town Manager has effected the removal of any unregulated growth or has paid for its removal pursuant to the provisions of this chapter, a charge in such amount as set forth in the Town's Schedule of Fees, for each cutting required shall be billed to the owner or occupier or the agent of such owner or occupier upon the completion of the work. If not paid by the owner or occupier or the agent of the owner or occupier, this amount shall be charged to the owner of such property on the next regular tax bill by the Town. Such charge shall be due and payable by the owner at the time of payment of such tax bill. Nothing in this chapter shall be construed to limit any other remedy the Town may have to impose a lien against the subject property or to collect any amounts due hereunder.