For the purposes of this article, the following
definitions shall be applicable unless the context clearly indicates
to the contrary:
Includes but is not limited to old tires, motor vehicles,
motor vehicle parts or related equipment, rubbish, garbage, trash,
organic waste, inorganic waste, household furniture, appliances and
other obvious junk or salvage, which can endanger the public safety,
fire safety, and/or create an environment for rodent infestation.
To store, use or in any way maintain.
Includes an individual, natural person, joint-stock company,
partnership, voluntary association, society, club, firm, company,
corporation, business, trust, organization or any other group acting
as a unit, with a manger, lessee, agent, servant, partner, member,
director, officer or employee of any of them, including an executor,
administrator, trustee, receiver or other representative appointed
according to law.
Those areas of a structure or yard which are open to the
weather.
The unreasonable interference with the health, safety, peace,
comfort or convenience of the general community.
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.
It is the purpose of this article to eliminate
the keeping of detrimental objects and/or materials on premises within
the corporate limits 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 public
good and to protect the public health, safety and general welfare
of the property owners and residents of the Town of Selbyville.
It shall be unlawful for any occupant or owner
of any premises within the corporate limits of the Town of Selbyville
to keep, to store, to have stored or permit to be stored on the premises
any object or objects or any material of a detrimental nature which
is unsuitable for outside storage or use, that would detract from
the peace, health, safety or tranquillity of the premises whereon
it is stored or of the adjoining premises, and the storage of such
object or objects 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 a common and public nuisance.
Whenever any person shall complain to the Town
Administrator that a property owner or tenant is storing or maintaining
detrimental objects or material on premises within the Town of Selbyville,
the Town Administrator may investigate.
Upon a finding by the Town Administrator that
a property owner or tenant is storing, using or maintaining detrimental
objects or materials on premises, the Town Administrator shall send
by certified mail with return receipt requested and postage prepaid
a notice to the owner of record of the property as shown on the tax
assessment records of the town to take whatever steps necessary to
alleviate the nuisance within 10 days following receipt of such notice.
Such notice shall contain the following information:
Upon the failure of the property owner or tenant
to remove the detrimental objects and/or material being maintained
in violation of the provisions of the article within the time specified
as aforesaid, the Town Administrator may proceed to remove the objects
and/or material being maintained in violation of this article or otherwise
remedied at the expense of the owner of said property and, when completed,
a bill for the costs 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 receipt 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 to proceed by
any other method provided in the Charter of the Town of Selbyville
for the collection of debts due the Town of Selbyville.
Any person violating any of the provisions of
this article shall be deemed guilty of a misdemeanor and upon conviction
in a court of competent jurisdiction shall be fined no less than $25
nor more than $100 or imprisoned for a term of no more than 20 days,
or both, and shall pay the costs for prosecution, including Town Attorney
fees and Victim's Compensation Fund assessment. For the purposes of
this article, each day or part thereof that 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 any court of competent
jurisdiction to enjoin any violation of any provision of this article.
