[Adopted 9-18-1998 by Ord. No. 329 (Ch. 179, Art. II, of the 1992 Code)]
The Town Council of the Town of Bethany Beach has determined that the conditions hereinafter enumerated and described tend to interfere with the enjoyment of and reduce the value of private property; create fire hazards; create an eyesore; provide a breeding ground for rats, vermin and noxious insects; constitute an attractive nuisance for children; lead to the accumulation of further junk and garbage; and contribute to the deterioration of both residential and nonresidential areas of the Town. The Town Council hereby declares the same to be and constitute a public nuisance and declares it to be the purpose of this Part 2 to promote the health, safety and welfare of the citizens of the Town by prohibiting such nuisances.
No person shall cause, suffer, permit or maintain the existence of any nuisance, as herein defined, upon any property owned, occupied or controlled by that person or upon any sidewalk, parking strip, boardwalk or street abutting the property occupied or under his or her control where such nuisance was caused or created by such person.
The following are declared to be common and public nuisances and subject to abatement as provided in this Part 2:
A. 
Any accumulation of decomposed animal or vegetable matter, garbage, tin cans, containers, ashes, offal, filth, waste or other putrid or unwholesome refuse, matter or substance or substances which, by itself or in conjunction with any other substance or substances, is deleterious to public health, safety or comfort; provided, however, that any properly maintained compost pile, occupying less than 50 square feet of ground area, located in the rear half of any lot and not closer than 10 feet from the property line, shall be exempt from this Part 2.
B. 
Any accumulation of wastepaper, waste lumber or other waste building material, hay, grass, straw, trash, litter or rubbish of any character.
C. 
Any brush, bushes, trees, limbs, shrubbery, flowers or other vegetation growth projecting over any sidewalk or street area, whether the same is growth for food, fuel, shade or ornamentation; provided that the branches or limbs of such growths may project over any sidewalk or street area at an elevation of not less than 12 feet above the level of the sidewalk or street surface.
D. 
Any accumulation of earth, rock, stone or other debris on any sidewalk parking strip, street or boardwalk.
E. 
Any common growth of underbrush or other unattended growth in violation of Chapter 440, Brush and Grass (other than flowers, ornamental shrubs and bushes or trees), trash, debris, litter or rubbish capable of harboring obnoxious insects of any kind, such as ticks, mosquitoes or flies, or any vermin-carrying rodents or skunks, where the concentration of houses exceeds five houses on any one side of a block.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Any damaged, discarded, abandoned or unused appliance, furniture, fixture, equipment, tires, dishes, utensils, glassware, containers, propane tanks or other similar items of personality on any private property not completely enclosed within a roofed building or on any sidewalk, parking strip, street or boardwalk abutting such property.
G. 
Any damaged, discarded or abandoned boat, boat trailer, sailboard, jet ski or other means of aquatic conveyance that is inoperable, dismantled, wrecked or from which major components have been removed, is in such a state of disrepair as to be incapable of being used or operated in the manner for which it was designed and is situated on private property in such circumstances as to appear to have been abandoned.
H. 
If the owner of any premises fails or neglects to comply with the provisions of Chapter 530, Signs, it shall constitute a public nuisance, pursuant to the appropriate laws of the Bethany Beach Town Code.
[Added 9-21-2012 by Ord. No. 481]
A. 
Whenever any member of the police force or the Building Inspector is aware of the existence of a nuisance, as herein enumerated, it shall be his or her duty to mail or serve a written notice on or to the owner (or owner's agent) and occupant of the property upon or abutting which such nuisance exists, to remove and abate such nuisance within a period of five business days. Such notice shall advise the recipient that such recipient may, in writing, request a hearing before the Town Manager concerning whether or not a violation exists, provided that such written request shall be mailed or delivered to the Town office prior to the expiration of the five business days specified herein.
B. 
If any official of the Town named in Subsection A shall be unable to serve notice personally upon such owner (or owner's agent) and occupant, the notice may be given by posting the same in some conspicuous place on the property.
C. 
Any person so notified who shall fail, neglect or refuse to remove or abate such nuisance within the time specified shall, upon conviction, be guilty of a violation of this Part 2.
After the receipt of the copy of the notice required by § 475-12 above and the affidavit of the official serving of such, the Town Manager shall conduct a hearing, if requested by the owner, owner's agent or occupant of the property in question, not later than 10 days after the request therefore is made, provided that for good cause the enforcement officer may postpone such hearing for a reasonable time. If, after a hearing, the Town Manager finds that no violation exists, he shall withdraw the notice. If the violation is substantiated, the owner or agent shall proceed immediately with the removal of the nuisance(s).
Upon the failure, neglect or refusal of any owner, owner's agent or occupant so notified to properly comply with this Part 2 within five business days after receipt of the written notice or within five business days after the date of such notice, in the event that the same is returned to the enforcement officer because of his inability to make delivery thereof, and provided that the same was properly addressed to the last known address of the owner or agent, the enforcement officer is hereby authorized to cause such nuisance to be abated and to cause the costs of such abatement to be collected from the owner or occupant of the property in any manner authorized by law.
[Amended 2-17-2006 by Ord. No. 407]
Any person, firm or corporation violating any of the provisions of this Part 2 shall, upon conviction, be subject to such fines as set out in Chapter 1, General Provisions, Article I, Penalties. Each day that a violation of any of the provisions of this Part 2 continues shall be deemed and taken to be a separate and distinct violation.