[HISTORY: Adopted by the Town Council of the Town of Millville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-14-2010 by Ord. No. 11-03]
The ordinances of the Town of Millville, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Millville, as revised, codified and consolidated into chapters and sections by General Code and consisting of Chapters 1 through 155, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Millville, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they are substantively
the same as those of ordinances in force immediately prior to the
enactment of the Code by this ordinance, are intended as a continuation
of such ordinances and not as new enactments, and the effectiveness
of such provisions shall date from the date of adoption of the prior
ordinance. All such provisions are hereby continued in full force
and effect and are hereby reaffirmed as to their adoption by the Town
Council of the Town of Millville, and it is the intention of said
Town Council that each such provision contained within the Code is
hereby reaffirmed as it appears in the Code.
All ordinances of a general and permanent nature of the Town
of Millville in force on the date of the adoption of this ordinance
and not contained in such Code or recognized and continued in force
by reference therein are hereby repealed from and after the effective
date of this ordinance.
The repeal of ordinances provided for in § 1-3 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any
right or liability established, accrued or incurred under any legislative
provision of the Town of Millville prior to the effective date of
this ordinance or any action or proceeding brought for the enforcement
of such right or liability.
B.
Any
offense or act committed or done before the effective date of this
ordinance in violation of any legislative provision of the Town of
Millville or any penalty, punishment or forfeiture which may result
therefrom.
C.
Any
prosecution, indictment, action, suit or other proceeding pending
or any judgment rendered prior to the effective date of this ordinance
brought pursuant to any legislative provision of the Town of Millville.
D.
Any
franchise, license, right, easement or privilege heretofore granted
or conferred by the Town of Millville or any municipal or intermunicipal
agreement.
E.
Any
ordinance of the Town of Millville providing for the laying out, opening,
altering, widening, relocating, straightening, establishing grade,
changing name, improvement, acceptance or vacation of any right-of-way,
easement, street, road, highway, park or other public place within
the Town of Millville or any portion thereof.
F.
Any
ordinance of the Town of Millville appropriating money or transferring
funds, promising or guaranteeing the payment of money or authorizing
the issuance and delivery of any bond of the Town of Millville or
other instruments or evidence of the Town's indebtedness.
G.
Ordinances
authorizing the purchase, sale, lease or transfer of property or any
lawful contract or obligation.
H.
The
levy or imposition of special assessments or charges.
I.
The
annexation or dedication of property.
J.
Any
legislation relating to salaries and compensation.
K.
Any
ordinance amending the Zoning Map.
L.
Any
legislation relating to or establishing a pension plan or pension
fund for municipal employees.
M.
Any
legislation establishing a specific fee amount for any license, permit
or service obtained from the Town.
N.
Any
legislation adopted subsequent to 4-28-2010.
A.
Each
section of the Code and every part of each section is an independent
section or part of a section, and the holding of any section or part
thereof to be unconstitutional, void or ineffective for any cause
shall not be deemed to affect the validity or constitutionality of
any section or part thereof.
B.
Each
section of this ordinance is an independent section, and the holding
of any section or part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any other sections or parts thereof.
A copy of the Code, in loose-leaf form, has been filed in the
office of the Town Clerk of the Town of Millville and shall remain
there for use and examination by the public until final action is
taken on this ordinance; and, if this ordinance shall be adopted,
such copy shall be certified to by the Town Clerk of the Town of Millville
by impressing thereon the Seal of the Town, and such certified copy
shall remain on file in the office of said Town Clerk to be made available
to persons desiring to examine the same during all times when said
Code is in effect.
Any and all additions, deletions, amendments or supplements
to the Code or any new ordinances, when enacted or adopted in such
form as to indicate the intention of the Town Council to be a part
thereof, shall be deemed to be incorporated into such Code so that
reference to the Code shall be understood and intended to include
such additions, deletions, amendments or supplements. Whenever such
additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code as
amendments and supplements thereto.
It shall be the duty of the Town Clerk or such other authorized
person to keep up-to-date the certified copy of the book containing
the Code of the Town of Millville required to be filed in the office
of the Town Clerk for use by the public. All changes in said Code
and all ordinances adopted by the Town Council subsequent to the enactment
of this ordinance in such form as to indicate the intention of said
Town Council to be a part of said Code shall, when finally enacted
or adopted, be included therein by temporary attachment of copies
of such changes or ordinances until such changes or ordinances are
printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
A.
In
compiling and preparing the ordinances of the Town of Millville for
adoption and revision as part of the Code, certain grammatical and
other minor changes were made in one or more of said ordinances. It
is the intention of the Town Council that all such changes be adopted
as part of the Code as if the ordinances so changed had been previously
formally adopted to read as such.
B.
In
addition, the following changes, amendments or revisions are made
herewith, to become effective upon the effective date of this ordinance
as set forth in Schedule A attached hereto and made a part hereof
(chapter and section number references are to the ordinances as they
have been renumbered and appear in the Code).[1]
[1]
Editor's Note: In accordance with § 1-9B, the chapters, parts and sections which were added, amended, adopted or deleted by this ordinance are indicated throughout the Code by a footnote referring to Chapter 1, General Provisions, Article I. During routine supplementation, footnotes indicating amendments, additions or deletions will be replaced with the following history: "Amended (added, deleted) 12-14-2010 by Ord. No. 11-03." Schedule A, which contains a complete description of all changes, is on file in the Township offices.
C.
Nomenclature.
Throughout the Code, the term "Planning Commission" is changed to
"Planning and Zoning Commission."
All provisions of the Code shall be in full force and effect
on and after the effective date of this ordinance, which shall take
effect immediately upon its final adoption.
[Adopted 10-9-2018 by Ord. No. 19-04]
Unless the provision in question specifically provides for other
penalties, any person who violates a provision of a chapter of the
Code shall be fined $99 for the first offense and $250 for each subsequent,
or continuing, offense. Each day that a violation continues shall
be deemed a separate violation.
Any fine associated with the violation of any section of the
Code, as set forth in this article, may be paid directly to the Town
of Millville by the due date stated in the notice of violation. If
fines are not paid or violations are not remedied, or both, the Town
may seek enforcement in a Delaware court of competent jurisdiction.
A.
When a Code violation is reported, the Code Enforcement Officer will
investigate promptly. Complaints shall be written on a form prepared
by the Code Enforcement Officer and can be relayed by e-mail or in
person at Town Hall. A record shall be kept of all complaints pursuant
to Town recordkeeping policy.
B.
If a violation is verified, enforcement action will be taken as follows,
unless otherwise provided by the Code:
(1)
A notice of deficiency is mailed to the property owner of record
by certified mail, return receipt requested.
(2)
If a violation remains after the number of days indicated in the
notice of deficiency for correction, a first notice of violation will
be issued with the corresponding fine assessed, and mailed to the
property owner of record by certified mail/return receipt requested.
(3)
If a violation remains after the number of days indicated in the
first notice of deficiency for correction, a second notice of violation
will be issued with the corresponding additional fine assessed, and
mailed to the property owner of record by certified mail, return receipt
requested.
(4)
If a violation remains after the number of days indicated in the
second notice of violation for correction, a summons to appear in
court will be issued to the property owner of record.
(5)
In appropriate cases, duplicate notices may also be mailed or provided
to residents or tenants of the property, if not owner occupied, and/or
posted on the property, as well as mailed to the property owner of
record.
The amount due to be paid directly to the Town shall be the minimum amount due as set forth in § 1-11 above.
The Town shall keep a complete record of all payments made to
the Town in accordance with this article.
Code Enforcement Officers are authorized to issue a summons
to enforce the minimum fines due for violations of the following chapters
of the Code:
|
Chapter Title
|
Chapter Number
|
|
Moving of Buildings
|
58
|
|
Construction Hours
|
72
|
|
Firearms
|
80
|
|
Licenses
|
90
|
|
Noise
|
97
|
|
Property Maintenance
|
111
|
|
Subdivision of Land
|
125
|
|
Taxation
|
132
|
|
Zoning
|
155
|
A.
Any notice issued for failure to comply with a specific chapter of
this Code shall be mailed to the owner of record of the property,
certified mail, return receipt requested, that is subject of the violation
at the owner's last known address as shown on the assessment
records of the Town.
B.
In appropriate cases, duplicate notices may also be mailed or provided
to residents or tenants of the property, if not owner occupied, posted
on the property, or both, as well as mailed to the owner of record.
Any person in violation shall become liable to the Town for
any expense, loss or damage suffered by the Town by reason of such
violation, including, but not limited to, the Town's engineers'
fees, the Town's attorneys' fees and costs of prosecution.
The fines in this article shall not be deemed as the exclusive
remedy for any violation. By way of example, the Mayor and Town Council
may direct the Town Solicitor or another attorney to proceed at law
or in equity against any person responsible for the violation for
the purpose of enjoining any continuing or subsequent violation.
For the purpose of this article, the following definitions shall
be applicable unless the context clearly indicates to the contrary:
"Person" and "whoever," respectively, include corporations,
companies, associations, firms, partnerships, societies and joint-stock
companies, as well as individuals.
