[Amended 7-3-2017]
It is the purpose of this article to have all
grass cut and maintained to a height of eight inches and to eliminate
noxious weeds and other vegetation except trees, ornamental flowers
and bushes in order to protect the public health, safety and general
welfare of the property owners and residents of the Town of Selbyville.
This article is declared to be remedial and
shall be construed to secure the beneficial intent and purposes thereof
which are to eliminate dangerous conditions detrimental to the public
good and to protect the public health, safety and general welfare
of the property owners and residents of the Town of Selbyville.
For the purpose of this article, the following
definitions shall be applicable unless the context clearly indicates
to the contrary:
Includes, but is not limited to, such weeds as Johnson grass,
Jimson grass, burdock, ragweed, thistle, cocklebur, White Mustard
and Foxtail.
Includes the duly appointed or designated Town Administrator
of the Town of Selbyville, as well as such other person under his
or her supervision who is appointed by the Town Mayor and Council
to enforce the provisions hereof.
[Amended 7-3-2017]
It shall be unlawful for the owner of any property
or the tenant of any owner to permit or maintain the growth of any
grass more than eight inches in height anywhere in the Town of Selbyville,
and the growth of grass higher than eight inches is hereby declared
to be detrimental to the public health, safety and general welfare
of the property owners and residents of the Town of Selbyville and
a common and public nuisance.
It shall be unlawful for the owner of any property
or the tenant of any owner to permit or maintain the growth of noxious
weeds anywhere in the Town of Selbyville, and the growth of noxious
weeds anywhere in the Town of Selbyville is hereby declared to be
detrimental to the public health, safety and general welfare of the
property owners and residents of the Town of Selbyville and a common
and public nuisance.
[Amended 7-3-2017]
It shall be unlawful for the owner of any property
or the tenant of any owner to permit or maintain the growth of any
other vegetation more than eight inches in height except for trees,
flowers or other ornamental plants, and such growth is hereby declared
to be detrimental to the public health, safety and general welfare
of the property owners and residents of the Town of Selbyville and
a common and public nuisance.
The Town Administrator of the Town of Selbyville,
upon complaint from two or more residents of the Town of Selbyville,
or upon his or her own observation, shall investigate to determine
whether there is a growth of grass, noxious weeds or other vegetation
on property located within the corporate limits of the Town of Selbyville
in violation of the provisions of this article.
If the Town Administrator, following his or
her investigation, determines that there is growth of grass, noxious
weeds or other vegetation on property located within the corporate
limits of the Town of Selbyville in violation of the provisions of
this article, the Town Administrator shall notify the property owner
or tenant at his or her last known address, in writing, by certified
mail with return receipt requested, postage prepaid, to have said
growth of grass, noxious weeds or other vegetation being maintained
on said property in violation of this article cut or otherwise remedied
within five days from the date of delivery of the written notice,
as aforesaid.
Upon the failure of the property owner or tenant
to have said growth of grass, noxious weeds or other vegetation being
maintained in violation of the provisions of this article cut or otherwise
remedied within the time specified as aforesaid, the Town Administrator
may proceed to cause said growth of grass, noxious weeds or other
vegetation being maintained in violation of this article cut or otherwise
remedied at the expense of the owner of said property and, when completed,
a bill for the cost thereby incurred as determined by the Town Mayor
and Council in the name of the Town of Selbyville shall, as soon as
convenient thereafter, be presented by certified mail with return
receipt requested and postage prepaid to the owner of said property
or the tenant of said owner.
If the bill so presented by the Town Administrator
on behalf of the Town of Selbyville shall not be paid within 30 days
following delivery thereof by certified mail with return requested
and postage prepaid, the Town Administrator of the Town of Selbyville
may institute an action in the corporate name in any court of competent
jurisdiction in the State of Delaware for the collection of the debt
to collect the same in a manner now or hereafter provided for the
collection of judgments in the State of Delaware or he or she may
be proceed by any other method provided in the Charter of the Town
of Selbyville for the collection of debts due the Town of Selbyville.
The owner of any property within the Town of
Selbyville or the tenant of said owner having in any one year received
notice pursuant to the provisions of this article shall be deemed
to have received notice for the remainder of the year that on the
first day of each month commencing May 1 through October 31, both
dates inclusive, the town may, without further notice, cut, destroy
and remove at the expense of the owner of said property any growth
being maintained on said property in violation of the provisions of
this article.
Any owner of property or the tenant of any owner violating any of the provisions of §§ 131-4, 131-5 or 131-6 of this article shall be deemed guilty of a misdemeanor and upon conviction in a court of competent jurisdiction shall be fined not less than $25 nor more than $100 or imprisoned for a term of not more 20 days, or both, and shall pay the cost of prosecution, including Town Attorney fees and Victim's Compensation Fund assessment. For the purposes of this article, each day or part thereof that a violation continues shall be deemed to be a separate offense.
In addition to any other remedy provided for in this article and because the purpose of this article is to safeguard and protect the public health, safety and general welfare of the property owners and residents of the Town of Selbyville, the Town Administrator is hereby authorized to bring an action in a court of competent jurisdiction to enjoin any violation of the provisions of §§ 131-4, 131-5 or 131-6 of this article.
