This article is adopted pursuant to §§ 4.1,
4.2.12, 4.2.25, 4.2.27, 4.2.28, 4.2.31, 4.2.47 and 22 of the Town
Charter of the Town of Bethany Beach and, further, pursuant to the
general police powers of the Town of Bethany Beach.
It is hereby declared to be unlawful and a violation
of this article to:
A. Fill, obstruct, block, dam or otherwise interfere
with the normal and proper operation of any drainage ditch, swale,
gully, storm drain or other surface water drainage feature in the
Town, which is part of or connected with or to any surface water drainage
system.
B. Fail or refuse to clear out, clean or remove fill, debris or other obstructions or maintain any portion of a surface water drainage system within 30 days after receipt of written notice from the Town of Bethany Beach as provided in §
516-44 of this article.
The Town shall have the authority to enter upon
private property located within the boundaries of the Town of Bethany
Beach to inspect any portion of a surface water drainage system located
thereon.
If, after such inspection, any duly authorized
Town official determines that a violation of this article is occurring
on any property within the Town, the Town may issue an order to the
owner(s) of record of such property ordering such owner(s) to correct
such violation within 30 days of receipt of such written order. The
order shall specify the corrective measures necessary to remove the
violation, shall indicate that such corrections must be completed
within 30 days of receipt of the order and shall set out the enforcement
remedies available to the Town in the event that the violation has
not be remedied within the time stated in the order. A form of order
to be issued pursuant to this section is attached to this article
as Exhibit A and is made a part hereof.
In the event that any violation of this article is not remedied within 30 days after receipt by any one or more of such property owners of record of any order issued pursuant to §
516-44 of this article, the Town may pursue each or all of the following remedies:
A. Civil fine. The Town may file a complaint alleging a violation of this article in any court of competent jurisdiction. Upon conviction, the property owner(s) shall, upon conviction thereof, pay such fines as set out in Chapter
1, General Provisions, Article
I, Penalties. Each day of a continuing violation after expiration of the thirty-day notice shall be a separate offense. In any such prosecution, each property owner of record shall be jointly and severally liable for such violation with all other joint property owners of record.
[Amended 2-17-2006 by Ord. No. 407]
B. Injunctive relief. The Town may file an action in
any court of competent jurisdiction seeking injunctive relief to compel
the property owner(s) to take the necessary corrective measures to
remedy the violation. In any such action, the Town shall request the
court to award its court costs and attorney's fees reasonably and
necessarily incurred in order to obtain such injunctive relief.
C. Remedy of violation by Town; costs. The Town may,
through its own employees or through an independent contractor, enter
upon the property to take the necessary corrective measures to remedy
the violation and charge the costs thereof, plus a service charge
as provided in the fee schedule on file in the Town Office to cover
administrative costs to the Town, against the property owner. Such
costs may be recovered against the property owner in any civil action
for debt in any court of competent jurisdiction or may be assessed
as a lien against the property under 25 Del. C. Chapter 29 or pursuant
to the pertinent provisions of the Town Charter.