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Town of Bethany Beach, DE
Sussex County
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Table of Contents
Table of Contents
A. 
Scope. The provisions of this Part 3 shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property.
B. 
Responsibility. The owner of the premises shall maintain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner occupant or permit another person to occupy premises which are not in a sanitary and safe condition and which do not comply with the requirements of this Part 3. Occupants of a dwelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises which they occupy and control.
C. 
Vacant structures and land. All vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition in keeping with the overall landscaping appearance of the neighborhood in which they are located as provided herein so as not to cause a blighting problem or adversely affect the public health, safety and overall well-being.
[Amended 2-21-2020 by Ord. No. 547]
A. 
Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
B. 
Grading and drainage.
(1) 
All premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, Or within any structure located thereon.
(2) 
Exception: Approved retention areas and reservoirs.
C. 
Lot maintenance.
[Added 2-21-2020 by Ord. No. 547[1]]
(1) 
Every lot, whether vacant or improved with a structure, shall have grass, vegetation, shell, stone or other covering in keeping with the overall landscaping appearance of the neighborhood in which it is located in order to: (i) prevent any soil erosion onto or into streets, swales, canals other waterways and/or adjacent properties and (ii) maintain the appearance of the neighborhood.
(2) 
Exceptions:
(a) 
If active construction activities are underway on the lot in question, the foregoing requirements shall be met within a reasonable period of time following completion of the construction activities as determined by the Town Manager.
(b) 
Grass or other vegetation growing on a lot may be cleared in order to replant the lot with new grass or vegetation provided that replanting shall be completed within a reasonable period of time after clearing as determined by the Town Manager.
[1]
Editor's Note: This ordinance also redesignated former Subsections C through I as Subsections D through J, respectively.
D. 
Sidewalks and driveways. See Chapter 493.
E. 
Weeds. See Chapter 440.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
F. 
Rodent harborage. All structures and exterior property shall be kept free from rodent and raccoon harborage and infestation. Where rodents or raccoons are found, they shall be promptly exterminated by approved processes which will not be injurious to human health, wildlife and domestic animals. After extermination, proper precaution shall be taken to eliminate rodent and raccoon harborage and prevent reinfestation.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
G. 
Exhaust vents. Pipes, ducts, conductors, fans or blowers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly upon abutting or adjacent public or private property or that of another tenant.
H. 
Accessory structures. All accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair.
I. 
Motor vehicles.
(1) 
Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth.
(2) 
Exception. A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
J. 
Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of any structure or building on any private or public property by placing thereon any marking, carving or graffiti. It shall be the responsibility of the owner to restore said surface to an approved state of maintenance and repair.
See Chapter 500.
A. 
General. The exterior of a structure shall be maintained in good repair, structurally sound and sanitary so as not to pose a threat to the public health, safety or welfare.
B. 
Protective treatment. All exterior surfaces, including but not limited to doors, door and window frames, cornices, porches, trim, balconies, decks and fences, shall be maintained in good condition. Exterior wood surfaces, other than decay-resistant woods, shall be protected from the elements and decay by painting or other protective covering or treatment. All siding and masonry joints as well as those between the building envelope and the perimeter of windows, doors, and skylights shall be maintained weather-resistant and water-tight. All metal surfaces subject to rust or corrosion shall be coated to inhibit such rust and corrosion and all surfaces with rust or corrosion shall be stabilized and coated to inhibit future rust and corrosion. Oxidation stains shall be removed from exterior surfaces. Surfaces designed for stabilization by oxidation are exempt from this requirement.
C. 
Premises identification. See Chapter 461.
D. 
Structural members. All structural members shall be maintained free from deterioration, and shall be capable of safely supporting the imposed dead and live loads.
E. 
Foundation walls. All foundation walls shall be maintained plumb and free from open cracks and breaks and shall be kept in such condition so as to prevent the entry of rodents and other pests.
F. 
Exterior walls. All exterior walls shall be free from holes, breaks, and loose or rotting materials; and maintained weatherproof and properly surface coated where required to prevent deterioration.
G. 
Roofs and drainage. The roof and flashing shall be sound, tight and not have defects that admit rain. Roof drainage shall be adequate to prevent dampness or deterioration in the walls or interior portion of the structure. Roof drains, gutters and downspouts shall be maintained in good repair and free from obstructions. Roof water shall not be discharged in a manner that creates a public nuisance.
H. 
Decorative features. All cornices, belt courses, corbels, terra-cotta trim, wall facings and similar decorative features shall be maintained in good repair with proper anchorage and in a safe condition.
I. 
Overhang extensions. All overhang extensions, including but not limited to canopies, marquees, signs, metal awnings, fire escapes, standpipes and exhaust ducts, shall be maintained in good repair and be properly anchored so as to be kept in a sound condition. When required, all exposed surfaces of metal or wood shall be protected from the elements and against decay or rust by periodic application of weather-coating materials, such as paint or similar surface treatment.
J. 
Stairways, decks, porches and balconies. Every exterior stairway, deck, porch and balcony, and all appurtenances attached thereto, shall be maintained structurally sound, in good repair, with proper anchorage and capable of supporting the imposed loads.
K. 
Chimneys and towers. All chimneys, cooling towers, smoke stacks, and similar appurtenances shall be maintained structurally safe and sound, and in good repair. All exposed surfaces of metal or wood shall be protected from the elements and against decay or trust by periodic application of weather-coating materials, such as paint or similar surface treatment.
L. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
M. 
Window, skylight and door frames. Every window, skylight, door and frame shall be kept in sound condition, good repair and weather-tight.
(1) 
Glazing. All glazing materials shall be maintained free from cracks and holes.
(2) 
Openable windows. Every window, other than a fixed window, shall be easily openable capable of being held in position by window hardware.
N. 
Insect screens.
(1) 
During the period from April to November, every door, window and other outside opening required for ventilation of habitable rooms, food preparation areas, food service areas or any areas where products to be included or utilized in food for human consumption are processed, manufactured, packaged or stored, shall be supplied with approved tightly fitting screens of not less than 16 mesh per inch (16 mesh per 25 mm) and every swinging door shall have a self-closing device in good working condition.
(2) 
Exception. Screens shall not be required where other approved means, such as air curtains or insect repellent fans, are employed.
O. 
Doors. All exterior doors, door assemblies and hardware shall be maintained in good condition. Locks at all entrances to dwelling units, rooming units and guest rooms shall tightly secure the door.
P. 
Basement hatchways. Every basement hatchway shall be maintained to prevent the entrance of rodents, rain and surface drainage water.
Q. 
Guards for basement windows. Every basement window that is openable shall be supplied with rodent shields, screened windows or other approved protection against the entry of rodents.
R. 
Building security. Doors, windows or hatchways for dwelling units, room units or housekeeping units shall be provided with devices designed to provide security for the occupants and property within.
(1) 
Doors. Doors providing access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with a key-based lock.
(2) 
Windows. Operable windows located in whole or in part within six feet (1,828 mm) above ground level or a walking surface below that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with window sash locking devices.
(3) 
Basement hatchways. Basement hatchways that provide access to a dwelling unit, rooming unit or housekeeping unit that is rented, leased or let shall be equipped with devices that secure the units from unauthorized entry.
S. 
Outdoor residential lighting.
[Added 2-17-2017 by Ord. No. 530]
(1) 
Purpose. The purpose of this subsection is to reduce in residential zones light trespass and glare on nearby properties by regulating the intensity and location of outdoor lighting, improving the view of the night sky, and ensuring that adequate light is provided for visibility, safety and security.
(2) 
Lighting standards. The following apply to lamps (bulbs) with or without shielding or filtering and to outdoor lighting fixtures:
(a) 
All outdoor residential lighting shall be controlled and focused within the property lines of the premises to minimize light and glare spilling over onto nearby properties.
(b) 
Outdoor residential lighting shall not exceed 0.2 footcandle measured at the light-generating property line. This subsection does not apply to a property line that separates two or more adjoining lots or parcels in the same block under common ownership.
(c) 
All residential exterior lighting shall be shielded and aimed in such a manner that all light is projected below the horizontal, except as provided for in Subsection S(2)(d).
(d) 
Residential lighting of vertical surfaces such as facades, landscaping, signs, flags and displays shall be shielded and shall be installed and aimed so as not to project their light output onto nearby homes and properties, past the object being illuminated, or skyward.
(3) 
Nuisance lighting. Any outdoor residential lighting that does not comply with this subsection shall be considered nuisance lighting.
(4) 
Notice and enforcement. Notice regarding this subsection will be provided with all applicable permits issued. The Code Enforcement Officer shall enforce this subsection.
(5) 
Violation and penalties. Any person violating this subsection shall, upon conviction, be fined not more than $25 or more than $100 per incident.
(6) 
Effective date. This section shall be effective on the date it is approved.
A. 
General. The interior of a structure and equipment therein shall be maintained in good repair, structurally sound and in a sanitary condition. Occupants shall keep that part of the structure which they occupy or control in a clean and sanitary condition. Every owner of a structure containing a rooming house, housekeeping units, a hotel, a dormitory, two or more dwelling units or two or more nonresidential occupancies shall maintain, in a clean and sanitary condition, the shared or public areas of the structure and exterior property.
B. 
Structural members. All structural members shall be maintained structurally sound, and be capable of supporting the imposed loads.
C. 
Interior surfaces. All interior surfaces, including windows and doors, shall be maintained in good, clean and sanitary condition. Peeling, chipping, flaking or abraded paint shall be repaired, removed or covered. Cracked or loose plaster, decayed wood and other defective surface conditions shall be corrected.
D. 
Stairs and walking surfaces. Every stair, ramp, landing, balcony, porch, deck or other walking surface shall be maintained in sound condition and good repair.
E. 
Handrails and guards. Every handrail and guard shall be firmly fastened and capable of supporting normally imposed loads and shall be maintained in good condition.
F. 
Interior doors. Every interior door shall fit reasonably well within its frame and shall be capable of being opened and closed by being properly and securely attached to jambs, headers or tracks as intended by the manufacturer of the attachment hardware.
A. 
General. Every exterior and interior flight of stairs having more than four risers shall have a handrail on one side of the stair and every open portion of a stair, landing, balcony, porch, deck, ramp or other walking surface which is more than 30 inches (762 mm) above the floor or grade below shall have guards. Handrails shall not be less than 30 inches (762 mm) high or more than 42 inches high measured vertically above the nosing of the tread or above the finished floor of the landing or walking surfaces. Guards shall not be less than 30 inches (762 mm) high above the floor of the landing, balcony, porch, deck, or ramp or other walking surface.
B. 
Exception. Guards shall not be required where exempted by the adopted building code.
See Chapter 486, Solid Waste.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Infestation. All structures shall be kept free from insect and rodent infestation. All structures in which insects or rodents are found shall be promptly exterminated by approved processes that will not be injurious to human health, wildlife and domestic animals. After extermination, proper precautions shall be taken to prevent re-infestation.
B. 
Owner. The owner of any structure shall be responsible for extermination within the structure prior to renting or leasing the structure.
C. 
Single occupant. The occupant of a one-family dwelling or of a single-tenant nonresidential structure shall be responsible for exterminating the premises.
D. 
Multiple occupancy. The owner of a structure containing two or more dwelling units, a multiple occupancy, a rooming house or a nonresidential structure shall be responsible for extermination in the public or shared areas of the structure and exterior property. If infestation is caused by failure of an occupant to prevent such infestation in the area occupied, the occupant shall be responsible for extermination.
E. 
Occupant.
(1) 
The occupant of any structure shall be responsible for the continued rodent and pest-free condition of the structure.
(2) 
Exception. Where the infestations are caused by defects in the structure, the owner shall be responsible for extermination.