[HISTORY: Adopted by the County Council of Sussex County 10-16-2007 by Ord. No.
1938. Amendments noted where applicable.]
The directors of County departments having authority to accept
applications and issue approvals, permits, licenses and/or provide
County services shall first determine that the applicant is current
on and not in default of certain obligations owed to the County.
Applicants for County approvals, permits, licenses and/or the
use, receipt or provision of County services shall be current on all
of the following obligations to the County prior to receiving such
approvals:
A.
Property taxes.
B.
Capitation taxes.
C.
Water and/or sewer connection, front footage and/or usage charges.
D.
Application fees.
E.
Permit fees, including building permits, building code and inspection
fees.
F.
Interest, penalties, court costs and/or attorney's fees if applicable
to a default in any of the above listed obligations.
[Amended 10-12-2010 by Ord. No. 2152]
The directors or heads of various County departments and offices shall refuse to accept applications and grant permits and/or approvals for the use, receipt or provision of County services, including but not limited to, building permits, manufactured home placement permits, building code plan reviews and/or inspections, subdivisions, rezonings, conditional uses, variances and/or special exceptions until the owner and/or applicant has demonstrated that all County obligations identified in § 116-2 above have been paid current as to all lands and property owned by the individual requesting the permit, approval or County services. If the party requesting County approval is current on some, but not all obligations owed to the County, the approval, permit, license and/or County service being applied for shall be denied until such time as all County obligations are current and fully complied with.
A.
All County employees who are responsible for taking applications and/or granting approvals and/or permits and/or providing the County services identified in § 116-3 shall make all reasonable efforts to determine that none of the County obligations identified in § 116-2 are unpaid and/or that the owner requesting the approval, permit or service is not in violation of any monetary or compliance obligation owed to Sussex County.
B.
Parcel owners who have taxes or any other obligations owed to the
County must have written approval from the Sussex County Finance Director
indicating full payment of all taxes, assessments, fees or obligations
that are in arrears before any application for a building permit,
building code approval, subdivision, rezoning, conditional use, variance,
special exception or County services can be accepted or approved by
the Sussex County offices or employees.
C.
If any noncomplying or incomplete payments, actions or filings are
determined to exist, then the administrative agency or official shall,
in writing, deny the license, application or other form of approval
requested until all existing requirements for payment, actions or
filings have been fully complied with or completed, clearly identifying
in the written denial, the payment, action or filing required to be
completed or complied with. Failure by the appropriate administrative
agency or official to issue such written denial within ten (10) working
days from the receipt of an application shall enable the applicant
to receive the permit or other approval for which application was
made.
Any applicant for a permit or other form of County approval
who receives the aforesaid written denial of a permit or other form
of approval by an administrative agency or official of Sussex County
may appeal that denial to the Sussex County Administrator within 20
calendar days of such denial. The Administrator, or his designee,
shall thereafter hold a hearing at which said applicant shall be permitted
to provide proof that such payment has been made or that a required
action or filing has been properly carried out or otherwise show that
such denial is based on incorrect information or is not appropriate
as to that applicant.
