[HISTORY: Adopted by the Town Council of
the Town of Georgetown 2-10-1988 by Ord. No. 205; amended in its entirety 11-18-1992 by Ord. No. 205A. Subsequent amendments noted where
applicable.]
This chapter shall be known as the "Housing
Code of the Town of Georgetown."
This chapter is hereby declared to be remedial
and shall be construed to secure the beneficial interest and purposes
thereof which are public safety, health and general welfare through
structural strength, stability, sanitation, adequate light and ventilation
and safety to life and property from fire and other hazards incident
to the construction, alteration, repair, removal, demolition, use
and occupancy of residential buildings.
The provisions of this chapter shall apply to
all buildings or portions thereof used or designed or intended to
be used for human habitation, regardless of when such building or
buildings may have been constructed.
Buildings or structures moved into or within
the jurisdiction of the Town of Georgetown shall comply with the requirements
of this chapter.
[Amended 12-18-1992 by Ord. No. 205A]
A contract effective as between owner and operator,
operator and occupant or owner and occupant of a structure, building
or premises, with regard to compliance of any provision of this chapter,
shall not relieve any party of his or her direct responsibility for
complying with this chapter.
[Amended 12-18-1992 by Ord. No. 205A]
Nothing in this chapter shall be construed to
modify, cancel or set aside any provision of the Georgetown Zoning
Ordinance of 1990 as amended.[1]
[Amended 12-18-1992 by Ord. No. 205A]
The provisions of this chapter shall be liberally
construed to minimize displacement of persons whose dwelling units
may deviate from the specifications of this chapter but do not pose
an imminent threat to the health, safety or in general welfare of
the occupants and other persons. Additionally, this chapter shall
be construed liberally so as to minimize hardships to persons that
inhabit or own dwelling units which deviate from the specifications
of this chapter but do not pose an imminent threat to the health,
safety and general welfare of the applicants and other persons.
[Amended 9-11-1996 by Ord. No. 205A]
The provisions of this chapter shall be enforced
by the Town Manager. The term "Town Manager" shall, for purposes of
this chapter, mean and include the duly appointed or designated Town
Manager of the Town of Georgetown, as well as such other person under
his or her supervision who is appointed by the Town Council to enforce
the provisions hereof.
[Amended 12-18-1992 by Ord. No. 205A]
An officer or employee of the Town of Georgetown,
except one whose only affiliation is as a member of the Board of Adjustments
and Appeals, shall not be financially interested in the furnishing
of labor, material or appliances for the construction, alteration
or maintenance of a building, or in the making of plans or specifications
therefor, unless he or she is the owner of such building. Such officer
or employee shall not engage in any work which is inconsistent with
his or her duties or with the interest of the town.
The Town Manager shall keep, or cause to be
kept a record concerning enforcement of this chapter. The records
of the Town Manager relating to enforcement of this chapter shall
be open to public inspection.
[Amended 12-18-1992 by Ord. No. 205A; 11-16-1994 by Ord. No. 205B]
In enforcing all the provisions of this chapter,
the Town Manager shall within seven days of discovery of the violation
of this chapter issue all necessary notices and orders to abate such
conditions. The Town Manager shall secure from the property owner,
occupants or person in charge an agreement as to the time certain
to correct the violation. Should the violation pose an imminent threat
to the safety of occupants or other person in charge of the violation,
and, if within 72 hours of discovery, the violation has been corrected,
the Town Manager shall issue all necessary notices and orders to abate
illegal or unsafe conditions in order to ensure compliance with the
chapter's requirements for the safety, health and general welfare
of the public. Such abatement shall include either restoration of
the structure to a safe and healthful condition if the structure can
be restored or demolition of the structure if that is considered necessary.
A.
In order to safeguard the safety, health and welfare
of the public, the Town Manager is authorized to enter any structure
or premises at any reasonable time for the purpose of making inspections
and performing duties under this chapter.
B.
If any owner, occupant or other person in charge of
a structure subject to this chapter refuses, impedes, inhibits, interferes
with, restricts or obstructs entry and free access to any part of
the structure or premises where inspection authorized by this chapter
is sought, the Town Manager shall seek, in a court of competent jurisdiction,
an order that such owner, occupant or other person in charge cease
and desist with such interference.
C.
Every occupant of a structure or premise shall give
the owner or operator thereof, or agent or employee, access to any
part of such structure or its premises at reasonable times for the
purpose of making such inspection, maintenance, repairs or alterations
as are necessary to comply with this chapter.
D.
The Town Manager or the Town Manager's authorized
representative shall disclose proper evidence of his or her respective
office for the purpose of demonstrating authority to inspect any and
all buildings and premises in the performance of duties under this
chapter.
E.
The Town Manager shall have power, as may be necessary
in the interest of public safety, health and general welfare, to adopt
and promulgate rules and regulations to interpret and implement this
chapter to secure the intent thereof and to designate requirements
applicable because of local climatic or other conditions.
F.
At least annually, the Town Manager shall submit to
the Town Council a written statement of activities in a form and content
as shall be prescribed by the Town Council.
G.
Every notice and order issued pursuant to this chapter
which requires the vacating of premises shall, in addition to other
requirements of service as set forth hereinafter, be posted conspicuously
on the front door of the structure and shall state:
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It shall be unlawful to occupy this building
or to deface this (notice) (order). Failure to comply with this notice
shall subject the violator to penalties in accordance with the Housing
Code of the Town of Georgetown, the ordinances of the Town of Georgetown,
and the laws of the State of Delaware.
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H.
Whenever such notice as provided in Subsection G is posted, the Town Manager shall include in the notice and order the specific reasons for his or her decision to vacate the structure. No person shall remain in or enter the structure which has been ordered vacated and posted, except as shall be necessary to improve, repair or demolish the structure or to recover necessary personal items, and then only under supervision by the Town Manager or law enforcement officials.
I.
The Town Manager shall remove the posted notice whenever
the conditions causing him or her to have the structure vacated are
eliminated either through repair or demolition.
Any requirement not specifically covered by
this chapter found necessary for the safety, health and general welfare
of the occupants of any dwelling shall be determined by the Town Manager
subject to appeal to the Board of Adjustments and Appeals.
[Amended 12-18-1992 by Ord. No. 205A]
No officer, agent or employee of the Town of
Georgetown, no member of the Town Council, and no officer, agent or
member of the Board of Adjustments and Appeals charged with the enforcement
of this chapter shall be rendered personally liable for any damage
that may accrue to persons or property as a result of any act required
or permitted in the discharge of duties under this chapter. No person
who institutes or assists in the prosecution of a criminal proceeding
under this chapter shall be liable for damages therefor unless such
person acted with actual malice and without reasonable grounds for
believing that the person accused or prosecuted was guilty of an unlawful
act or omission. Any civil suit brought against any officer, agent
or employee of the Town of Georgetown, any member of the Town Council,
any officer, agent or employee of the Board of Adjustments and Appeals
as a result of any act required or permitted in the discharge of duties
under this chapter shall be defended by the Town Solicitor until the
final determination of the proceedings therein.
[Amended 12-18-1992 by Ord. No. 205A]
There is hereby created a Board of Adjustments
and Appeals which shall consist of five members appointed by the Mayor
of The Town of Georgetown. The members of the Board of Adjustments
and Appeals shall be residents of the Town of Georgetown. Members
of the Board shall be appointed for four years, except on the initial
appointment two members shall be appointed for two years, two for
three years, and one for four years. Any one or more of the members
of said Board shall be subject to removal or replacement by the Mayor
at any time for cause of stated charges after a public hearing before
the Town Council, and a vacancy on said Board shall be filled by the
Mayor for the unexpired term of such vacancy. All members of the Board
of Adjustments and Appeals shall serve without compensation.
The Board of Adjustments and Appeals shall meet
upon its appointment and organize by electing a Chairman and Secretary
from among its own number.
The duties of the Board of Adjustments and Appeals
shall be as follows:
A.
To consider and determine appeals whenever it is claimed
that the true intent and meaning of this chapter or any of its regulations
have been misconstrued or wrongly interpreted.
B.
To permit in appropriate cases where the application
of any requirement of this chapter in the allowance of the stated
time for the performance of any action required hereunder would cause
undue hardship on an owner, one or more extensions of time, not to
exceed 120 days each, from the date of such decision by the Board.
Applications for additional extensions of time shall be heard by the
Board. Such requests for additional extensions of time shall be filed
with the Town Manager not less than 30 days prior to the expiration
of the current extension.
C.
An appeal shall not be considered where an appeal
has previously been decided involving the same premises and the same
cause.
The Board of Adjustments and Appeals shall establish
its own rules of procedure for accomplishment of its duties and functions,
provided that such rules shall not be in conflict with the provisions
of this chapter or the laws of the State of Delaware.
[Amended 12-18-1992 by Ord. No. 205A]
All decisions of the Board of Adjustments and
Appeals shall be in writing and shall state the decision of the Board
and the reason therefor. A copy of all decisions shall be filed with
the Town Manager and shall be open to public inspection. The secretary
of the Board shall notify the applicant in writing of the final action
of the Board.
[Amended 12-18-1992 by Ord. No. 205A; 1-12-2000 by Ord. No. 00-01-01]
Any person aggrieved by an action taken by the
Town Manager pursuant to this chapter may appeal from such action
by filing written notice of appeal with the Board of Adjustments and
Appeals within 10 days after the giving or posting of notice of such
action. An appeal under this section shall stay the effect of the
notice of violation or condemnation and shall prevent the Town Manager
from proceeding with the remedies provided under this chapter pending
decision by the Board of Adjustments and Appeals. An appeal to the
Superior Court by an aggrieved person from a decision of the Board
of Adjustments and Appeals shall be made in the manner provided for
appeals from administrative decisions. The Board of Adjustments and
Appeals shall hear all appeals relative to the enforcement of this
chapter within a reasonable period of time after the filing of an
appeal, and by concurring vote of the majority of its members may
reverse or affirm wholly or partly, or may modify, the action appealed
from and shall make such other order or determination as it deems
just. Failure to secure such concurring vote shall be deemed a confirmation
of the decision of the Town Manager. A member of the Board of Adjustments
and Appeals shall not participate in any hearings or vote on any appeal
in which that member has a direct or indirect financial interest.
[Amended 12-18-1992 by Ord. No. 205A; 11-16-1994 by Ord. No. 205B; 9-25-2019 by Ord. No. 2019-05]
A.
Any person violating any provision of this chapter shall be subject to enforcement and fines as set forth in Chapter 1, Article III, General Penalty. In addition, the Town Manager shall retain authority under this chapter to pursue abatement or condemnation proceedings, or to issue other emergency orders, in cases where there appears to be a threat to public health or safety, or the property constitutes a public nuisance.
B.
In addition to the penalties and procedures set forth in Subsection A of this section, the Town Council may direct the Town Solicitor to proceed in law or in equity against the person responsible for the violation, including the owner of buildings and premises pursuant to § 116-33, for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation
or alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy or use of the structure or
part thereof erected, constructed, installed or altered in violation
of, or not in compliance with, the provisions of this chapter, or
in violation of a plan or specification under which an approval, permit
or certification was issued.
A.
Words used in the present tense include the future
tense.
B.
For the purposes of this chapter, the singular includes
the plural and the plural includes the singular.
C.
Unless otherwise expressly stated, where terms are
not defined under the provisions of this chapter, they shall have
ascribed to them their ordinarily accepted meanings or such as the
context may imply.
D.
Whenever the words "multifamily dwelling," "residence
building," "dwelling unit," "mobile home" or "premises" are used in
this chapter, they shall be construed as though they were followed
by the words "or any part thereof."
E.
APPROVED
BASEMENT
BOARDINGHOUSE, LODGING HOUSE AND TOURIST HOME
CELLAR
CENTRAL HEATING
CODE OFFICIAL
CONDEMN
DORMITORY
DWELLING UNIT
EXTERIOR PROPERTY AREA
EXTERMINATION
FAMILY
GARBAGE
HABITABLE SPACE
HOLIDAY SEASONAL LIGHTING
HOTEL
INFESTATION
MAINTENANCE
MOBILE HOME
MULTIFAMILY APARTMENT HOUSE
OCCUPANT
ONE-FAMILY DWELLING
OPENABLE AREA
OPERATOR
OVERCROWDED
OWNER
PERSON
PLUMBING
PLUMBING FIXTURE
PREMISES
PUBLIC NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
RENOVATION
RESIDENCE BUILDING
ROOMING UNIT
RUBBISH
SINGLE HOUSEKEEPING UNIT
STRUCTURE
SUPPLIED
TWO-FAMILY DWELLING
VENTILATION
WORKMANLIKE
YARD
For the purposes of this chapter, the following definitions
shall be applicable unless the context clearly indicates to the contrary:
As applied to a material, device or method of construction
shall mean approved by the Town Manager under the provisions of this
chapter or approved by other authority designated by law to give approval
in the matter in question.
That portion of a building which is partly below and partly
above grade, and having at least 1/2 of its height above grade. (See
"cellar.")
A building where, for compensation and by prearrangement
for definite periods, lodging, meal or lodging and means are provided
for three or more persons but containing no more than five guest rooms
or rental units.
That portion of a building which is partly or completely
below grade and having at least 1/2 of its height below grade. (See
"basement.")
The heating system permanently installed and adjusted so
as to provide the distribution of heat to all habitable rooms, bathrooms
and water closet compartments from a source outside those rooms.
The Town Manager of the Town of Georgetown.
To adjudge a building unfit for human habitation or residential
use.
A building in which group sleeping accommodations are provided
in one room or in a series of closely associated rooms for persons
not members of the same family.
A single unit providing complete, independent living facilities
for a single family, including a mobile home, including permanent
provisions for living, sleeping, eating, cooking and sanitation.
The open space on the premises and on adjoining property
under the control of owners or operators of such premises.
The control and elimination of insects, rats or other pests
or vermin by eliminating their harborage places by removing or making
inaccessible materials that may serve as their food by poison spraying,
fumigating, trapping or by any other approved pest elimination method.
One or more persons living together as a single housekeeping
unit in a dwelling unit.
[Amended 5-14-2014 by Ord. No. 2014-2]
The animal and vegetable waste resulting from the handling,
preparation, cooking and consumption of food.
That space in a structure for living, sleeping, eating or
cooking. Bathrooms, toilet compartments, closets, halls, storage or
utility space and similar areas are not considered habitable space.
Electrical wiring with one or more bulbs or illuminated fixtures
that are placed on a building or in a yard for a temporary period
in observance of a holiday.
[Added 6-13-2007 by Ord. No. 2007-8]
Any building containing more than five guest rooms intended
or designed to be used or which are used, rented or hired out to be
occupied or which are occupied for sleeping purposes by guests.
The presence within or contiguous to a structure or premises
of insects, rats, vermin or other pests.
The conformity of a building and its facilities to the provisions
of this chapter under which the building was constructed.
A one-family dwelling designed for transportation after fabrication
on streets and highways on its wheels or supported other vehicles
or trailers but which is not self-propelled and arriving at the site
where it is to be occupied complete and ready for occupancy, except
for minor and incidental unpacking and assembly operations, supported
on jacks or other foundations and connected to utilities and the like.
A building or portion thereof containing more than two dwelling
units and not classified as a one- or two-family dwelling.
Any person over one year of age, including owner or operator,
living and sleeping in a dwelling unit or having actual possession
of said dwelling or rooming unit.
A building containing a living unit designed and intended
for use by only one family.
That part of a window or door which is available for unobstructed
ventilation and which opens directly to the outdoors.
Any person who has charge, care or control of a structure
or premises which are let or offered for occupancy.
A dwelling when its occupancy exceeds the maximum number
of persons permitted by this chapter.
Any person, firm or corporation having a legal or equitable
interest in the premises or any agent thereof.
Any 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,
or the manager, 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.
The labor, materials and fixtures used in the installation,
maintenance, extension and alteration of all piping, fixtures, appliances
and appurtenances.
[Amended 12-18-1992 by Ord. No. 205A]
A receptacle or device which is either permanently or temporarily
connected to the water distribution of the premises and demands a
supply of water therefrom; or discharges used water, liquid-borne
waste materials or sewage either directly or indirectly to the drainage
system of the premises; or which requires both a water supply connection
and a discharge to the drainage system of the premises.
A lot, plot or parcel of land including the buildings or
structures thereon.
Includes the following:
The physical condition or use of the premises
regarded as a public nuisance at common law;
Any physical condition, use or occupancy of
any premises or its appurtenances considered an attractive nuisance
to children, including, but not limited to, abandoned wells, shafts,
basements, excavations and unsafe fences or structures;
Any premises designated as having unsanitary
sewage or plumbing facilities;
Any premises designated as unsafe for human
habitation;
Any premises which are manifestly capable of
being a fire hazard or are manifestly unsafe or unsecure so as to
endanger life, limb or property;
Any premises from which the plumbing, heating
or other facilities required by this chapter had been removed, or
from which utilities such as water, sewer, gas and electricity have
been disconnected, distorted, removed or rendered ineffective, or
the required precautions against trespassers have not been provided;
Any premises which are unsanitary or which are
littered with garbage or rubbish, or which have an uncontrolled growth
of weeds; or
Any building or structure that is in an advanced
state of dilapidation, deterioration or decay; faulty construction,
overcrowded, open, vacant or abandoned; damaged by fire to the extent
that adequate shelter is not provided, is in danger of collapse or
structural failure and is dangerous to any one upon or near the premises.
Work on a building and its facilities to make it conform
to present-day minimum standards of sanitation, fire and life safety.
A building in which sleeping accommodations, toilet, bathing
and cooking facilities as a unit are provided.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and sleeping, but not for cooking
or eating purposes.
[Amended 1-12-2000 by Ord. No. 00-01-01]
Combustible and noncombustible waste materials, except garbage,
and the term shall include the residue from the burning of wood, coal,
coke and other combustible material, paper, rags, cartons, boxes,
wood, excelsior, rubber, leather, tree branches, yard trimmings, tin
cans, metals, mineral matter, glass, crockery and dust and other similar
materials.
One person or two or more individuals living together sharing
household responsibilities and activities which may include: sharing
expenses, chores, eating evening meals together and participating
in recreational activities and having close social, economic and psychological
commitments to each other.
[Added 5-14-2014 by Ord. No. 2014-2]
That which is built or constructed, including, without limitation
because of enumeration, buildings for any occupancy or use whatsoever,
including fences, signs, billboards, fire escapes, chute escapes,
railings, water tanks, towers, open grade steps, sidewalks or stairways,
tents or anything erected and framed of component parts which is fastened,
anchored or rest on a permanent foundation or on the ground.
Installed, furnished or provided by the owner or operator.
A building containing two dwelling units designed for occupancy
by only two families.
[Amended 1-12-2000 by Ord. No. 00-01-01]
The process of supplying and removing air by natural or mechanical
means to or from any space.
Maintenance and repair done in a reasonably skillful manner.
An open, unoccupied space on the same lot where the building
is located, extending along the entire length of the street, or rear
or interior lot line.
The owner of buildings and premises shall maintain
such buildings and premises in compliance with the provisions of this
chapter. A person shall not occupy as an owner-occupant or let to
another for occupancy or use premises which do not comply with the
requirements of this chapter.
[Amended 5-22-2019 by Ord. No. 2019-02]
All vacant structures and premises thereon or vacant land shall
be maintained in a clean, safe, secure and sanitary condition as provided
by this chapter so as to not cause blight or adversely affect the
public health or safety of the community.
A.
Vacancy criteria. A building or dwelling or any other structure shall
be deemed vacant if no person actually or currently conducts a lawfully
licensed business or lawfully resides in any part of the building
as the legal or equitable owner or tenant on a permanent, nontransient
basis. Rental buildings or dwellings which are actively seeking a
tenant shall not be subject to this chapter for a period of 180 days
from the time the building(s) become vacant, as described in this
section.
B.
Applicability. The requirements of this section shall be applicable
to each owner of any building or property containing one or more buildings
that shall have been vacant for more than 120 consecutive days.
C.
Registration of vacant buildings required. A vacant building registration statement shall be required for all buildings which meet the vacancy criteria, whether vacant and secure, vacant and open, or vacant and boarded, and shall be required whenever any building has remained vacant for 120 consecutive days or more. Once a building has met the vacancy criteria, a registration statement shall be filed, on a form supplied by the Town, and the appropriate registration fee shall be paid no later than 30 days thereafter. One registration statement may be filed to include all vacant buildings belonging to a single owner; however, separate registration fee(s), as required by Subsection D of this section, must be paid for each vacant property.
D.
Registration fee required. The vacant building registration fee shall
be set at $500 for the first calendar year in which the building is
deemed vacant. The registration fee shall be set at $750 per year
for years two through five that a building remains vacant. All buildings
or dwellings that remain vacant for more than five years shall pay
an annual registration fee of $1,000 for each calendar year thereafter.
Vacant building registration fees shall be nonrefundable. Should any
owner of a vacant building fail to pay the amount due, said amount(s)
shall constitute a debt due and owing to the Town, and the Town may
commence a civil action, or any other available legal remedy, to collect
such unpaid debt.
E.
Permit. Upon proper registration and payment of the prescribed fee,
a vacant building permit, signed by the Town Manager or his/her designee,
shall be issued to each vacant building. The permit shall be mailed
to the owner of record. Each permit shall be effective for the calendar
year (January through December) in which it is issued.
F.
Violations and penalties.
(1)
In no instance shall the registration of a vacant building and the
payment of a registration fee be construed to excuse the owner, agent
or responsible party from responsibility for compliance with any other
law, ordinance, building code, housing code or property maintenance
requirement.
All premises shall be maintained in a clean,
safe and sanitary condition free from any accumulation of rubbish
or garbage.
Garbage, vegetable waste or other putrescible
material shall be stored in leakproof containers provided with close-fitting
covers for the storage of such materials until removed from the premises
for disposal.
All premises shall be graded and maintained
so as to prevent the accumulation of stagnant water thereon or within
any structure located thereon.
A.
All premises shall remain free of insects, rats, vermin
or other pest in all exterior areas of the premises.
B.
An owner shall be responsible for extermination, except
that the occupant shall be responsible for such extermination in the
exterior areas of the premises of a single-family dwelling. Extermination
in the shared or public parts of premises of other than a single-family
dwelling shall be the responsibility of the owner.
All premises in residential areas shall be kept
free from weeds or plant growth which are noxious or detrimental to
the public health and welfare and shall be trimmed to a height of
not more than 12 inches.
Except as to previously existing and operating
exhaust systems, no person shall construct, maintain or operate pipes,
ducts, conductors, fans or blowers discharging gases, steam, vapor,
hot air, grease, smoke, odors or other gaseous or particulate waste
so as to discharge directly upon abutting or adjacent public or private
property or property of another tenant.
All accessory structures, including detached
garages, fences and walls shall be maintained structurally sound and
in compliance with the provisions of this chapter.
[Amended 9-23-2009 by Ord. No. 2009-15]
A.
The exterior
of a structure shall be maintained structurally sound and sanitary
so as not to pose a threat to the health and safety of the occupants
and so as to protect the occupants from the environment.
B.
All wood
and metal surfaces, including but not limited to, window frames, doors,
door frames, cornices, porches and trim shall be maintained in good
condition. Peeling, flaking, and chipped paint shall be eliminated
and surfaces repainted.
C.
All cornices,
belt courses, corbels, terra cotta trim, wall facings and similar
decorative features shall be maintained in good repair with proper
anchorage and in a safe condition.
D.
All canopies,
marquees, signs, metal awnings, fire escapes, standpipes, exhaust
ducts, and similar overhang extensions shall be maintained in good
repair and be properly anchored so as to be kept in a sound condition.
When required, all exposed surfaces of metal or wood shall be protected
from the elements against decay or rust by periodic application of
weather-coating materials, such as paint or similar surface treatment.
All supporting structural members of a structure
shall remain maintained structurally sound, free of deterioration
and capable of safely bearing the dead and live loads imposed upon
them.
Every foundation, exterior wall, roof and all
other exterior surfaces shall be maintained in a workmanlike state
of maintenance and repair and shall be kept in such condition so as
to exclude rats.
All foundation walls shall be maintained so
as to carry the safe design and operating dead and live loads, plumb
and free from open cracks and breaks, except as necessary to release
excessive water pressure on the wall so as not to be detrimental to
public safety and welfare.
Every exterior wall shall be free of holes,
breaks, loose or rotting boards of timbers, and any other condition
which might admit rain or dampness to the interior portions of the
walls or to the occupied spaces of the building. All exterior surface
materials, including wood, composition or metal siding shall be maintained
weatherproof so as to prevent deterioration.
The roof shall be structurally sound, tight
and not have defects which might admit rain, and roof drainage shall
be adequate to prevent rain water from causing dampness in the walls
or interior portion of the building.
All cornices, trim and wall facings and similar
decorative features shall be maintained in good repair with proper
anchorage and in safe condition.
All canopies, marques, signs, metal awnings,
stairways, fire escapes, standpipes, exhaust ducts and similar overhang
extensions shall be maintained in good repair, shall be properly anchored
so as to be kept in a safe and sound condition, and shall be protected
from the elements and against decay.
All chimneys, cooling towers, smoke stacks and
similar appurtenances shall be maintained structurally safe, sound
and in good repair. All exposed surfaces of wood or metal shall be
protected from the elements and against decay.
Every stair, porch, balcony and all appurtenances
attached thereto shall be so maintained as to be safe to use and capable
of supporting the loads to which it may be subjected and shall be
maintained in a safe and sound condition repair.
[Amended 6-23-2021 by Ord. No. 2021-05]
Every window, door and frame shall be maintained
in such relation to the adjacent wall construction so as to exclude
rain as completely as possible and to substantially exclude wind from
entering the building. Window and/or door screens should not be excessively
worn or have any rips or tears.
Every window and exterior door shall be fitted
reasonably in its frame and be weather tight. Weather stripping shall
be used as necessary to exclude wind or rain from entering the dwelling
or structure and shall be kept in a sound condition and good repair.
Every repaired window sash shall be fully supplied
with glazing materials which securely hold in place window glass.
Every window, other than a fixed window, shall
be capable of being open and shall be held in position by window hardware.
Every exterior door, door hinge and door latch
shall be maintained in good condition. Door locks in dwelling units
shall be in good repair and capable of tightly securing the door.
Every basement or cellar hatchway or window
shall be so maintained as to prevent the entrance of rats, rain and
surface drainage into the structure.
The interior of a structure and its equipment
shall be maintained structurally sound and in a sanitary condition
so as not to pose a threat to the health and safety of the occupants
and to protect the occupants from the environment.
The supporting structural members of every building
shall be maintained structurally sound not showing any evidence of
deterioration which would render them incapable of carrying the imposed
loads.
[Amended 3-28-2018 by Ord. No. 2018-02]
A.
Floors,
walls, including windows and doors, ceilings and other interior surfaces
shall be maintained in a good, clean and sanitary condition.
B.
Every
window within any dwelling unit, rooming unit, or housekeeping unit,
including those which are rented or leased, may contain window treatments
consisting of shades, blinds, drapes or other materials, which shall
be in good repair, without rips or tears visible from the outside
of the property, and specifically designed for use as window coverings.
The use of sheets, blankets and similar materials not intended or
designed for use as a window covering or window treatment is prohibited.
[Amended 6-23-2021 by Ord. No. 2021-05]
Lead base paint with a lead content of more
than 0.5% shall not be applied to any interior/exterior surface of
a building or dwelling unit, including fences and outbuildings upon
any premises.
Every toilet, bathroom and kitchen floor surface
shall be constructed and maintained so as to permit such floor to
be easily kept in a clean and sanitary condition.
Cellars, basements and crawl spaces shall be
maintained free from standing water so as to prevent conditions conducive
to decay or deterioration of the structure.
The interior of every structure shall be maintained
in a clean and sanitary condition free of any accumulation of rubbish,
refuse or garbage. Rubbish, garbage and other refuse shall be properly
kept inside temporary storage facilities.
Garbage or refuse shall not be allowed to accumulate
or be stored in public halls or stairways.
All structures shall be kept free from insect
and rat infestation and where insects or rats are found they shall
be promptly exterminated by acceptable processes which will not be
injurious to human health. After extermination, proper precautions
shall be taken to prevent reinfestation.
[Amended 1-12-2000 by Ord. No. 00-01-01]
Every door available as an exit shall be capable
of being opened easily from the inside.
Stairs, porches, railings and other exit facilities
shall be adequate for safety.
All interior stairs and railings and other exit
facilities of every structure shall be maintained in sound condition
and good repair by replacing treads and risers that evidence excessive
wear or are broken, warped or loose. Every inside stair shall be so
constructed and maintained as to be safe to use and capable of supporting
the anticipated loads.
All spaces or rooms shall be provided sufficient
light so as not to endanger health and safety. All spaces or rooms
shall be provided sufficient natural or mechanical ventilation so
as not to endanger health and safety. Where mechanical ventilation
is provided in lieu of natural ventilation, such mechanical ventilating
system shall be maintained in operation during the occupancy of any
structure or portion thereof.
Every habitable room, except kitchens, toilet
rooms, basements or cellar rooms and interior rooms of townhouses
and row houses, shall have at least one window facing directly to
the outdoors, a court or a porch. Every habitable room, except kitchens
and toilet, rooms shall at least have one door or window which can
be opened to ventilate adequately the room. Kitchens, toilet rooms
without doors, basements or cellar rooms, interior rooms or townhouses
and row houses shall have natural or mechanical ventilation.
Every common hall and stairway in every building,
other than a one-family dwelling, shall be adequately lighted at all
times with an illumination of at least a 60 watt light bulb. Such
illumination shall be provided throughout the normally traveled stairs
and passageways.
All other spaces shall be provided with a natural
or artificial light of sufficient intensity and so distributed as
to permit the maintenance of sanitary conditions and the safe use
of the space and the appliances and fixtures.
Every bathroom and water closet compartment
shall comply with the light and ventilation requirements for habitable
rooms as prescribed by this chapter, except that a window shall not
be required in bathrooms or water closet compartments equipped with
an approved mechanical ventilation system.
Primary cooking facilities shall not be permitted
in any sleeping room or dormitory room except for efficiency apartments.
Dwelling units shall be separate and apart from
each other. With the exception of crib rooms or rooms accommodating
handicapped individuals, sleeping rooms shall not be used as the only
means of access to other sleeping rooms.
Hotel units, lodging units and dormitory units
shall be designed to provide privacy and be separate from other adjoining
spaces.
[Amended 12-18-1992 by Ord. No. 205A]
A habitable room, bathroom or water closet compartment
which is accessory to a dwelling unit shall not open directly into
or be used in conjunction with a food store, barber or beauty shop,
doctor's or dentist's examination or treatment room, or similar room
used for public purposes.
Basement and cellar rooms partially below grade
shall not be used for sleeping purposes unless the basement and cellar
room or rooms are within the specification for sleeping rooms as provided
for in this chapter.
[Amended 1-12-2000 by Ord. No. 00-01-01; 5-14-2014 by Ord. No. 2014-2; 11-10-2015 by Ord. No. 2015-17; 12-12-2022 by Ord. No. 2022-09]
A.
Occupancy limitation for bedrooms.
|
Minimum Bedroom Size
(square feet)
|
Maximum Number of Occupants per Room*
|
|---|---|
|
70
|
1
|
|
100
|
2
|
|
150
|
3
|
|
200
|
4
|
|
NOTES:
|
|---|
|
*Number of occupants includes adults and children.
|
(1)
Bedrooms:
(a)
Must contain no less than 70 square feet of floor area for occupancy
by one person. Every bedroom occupied by more than one person shall
contain not less than 50 square feet of floor area for each occupant
thereof.
(b)
Bedrooms must not be the only access to other bedrooms or habitable
space and must not constitute the only exit from other habitable space.
(c)
Every bedroom must have access to a bathroom without having
to pass through another bedroom.
(d)
Bedrooms must provide light, ventilation, room area, ceiling
height and room width in conformity with the code and must be in conformity
with Delaware State Fire Prevention Commission Regulations.
B.
Kitchens
and other spaces not intended for use as bedrooms (including bathrooms,
dining rooms, entryways, corridors, or storage areas) may not be used
for sleeping purposes, and such spaces shall not count towards bedroom
square footage.
[1]
Editor’s Note: Former § 116-70, Area for sleeping
purposes, was repealed 5-14-2014 by Ord. No. 2014-2.
[1]
Editor’s Note: Former § 116-71, Overcrowding, was
repealed 5-14-2014 by Ord. No. 2014-2.
[1]
Editor’s Note: Former § 116-72, Spaces prohibited
for sleeping purposes, was repealed 5-14-2014 by Ord. No. 2014-2.
Habitable rooms shall have a clear ceiling height
over the minimum area required by this chapter of not less than seven
feet four inches, except in attics, basements or top-half stories,
the ceiling height shall be not less than seven feet over not less
than 1/3 of the minimum area required by this chapter when used for
sleeping, study or similar activity. In calculating the floor area
of such rooms, only those portions of the floor area of the room having
a clear ceiling height of five feet or more shall be included.
Habitable space in a mobile home shall have
a minimum ceiling height of seven feet over 50% of the floor area,
and the floor area where the ceiling height is less than five feet
shall not be considered in calculating floor area.
Every mobile home shall contain a minimum gross
floor area of not less than 150 square feet for the first two occupants
and 100 square feet for each additional occupant.
Every dwelling unit shall include its own plumbing
facilities which are in proper operating condition, can be used in
privacy and are adequate for personal cleanliness and disposal of
human waste.
Every dwelling unit shall contain a lavatory
and a water closet supplied with cold running water. The water closet
shall not be located in a habitable room. The lavatory may be placed
in the same room as the water closet, or, if located in another room,
the lavatory shall be located in close proximity to the door leading
directly into the room in which said water closet is located. The
lavatory shall be supplied with hot and cold running water.
Every dwelling unit shall contain a room which
affords privacy to the person in said room and which is equipped with
a bathtub or shower supplied with hot and cold running water.
Every dwelling unit shall contain a kitchen
sink apart from the lavatory required under the provisions of this
chapter and shall be supplied with hot and cold running water.
At least one water closet, lavatory, basin and
bathtub or shower properly connected to an approved water and sewer
system and in good working condition shall be supplied for each four
rooms within a rooming house whenever said facilities are shared.
Every lavatory basin and bathtub or shower shall be supplied with
hot and cold water at all times.
Where private water closets, lavatories and
baths are not provided, one water closet, one lavatory and one bathtub
accessible from a public highway shall be provided on each floor of
a hotel. Each lavatory, bathtub or shower shall be supplied with hot
and cold water at all times.
Toilet rooms and bathrooms shall be designed
and arranged to provide privacy.
Toilet rooms and bathrooms shall not be used
as a passageway to a hall or other space or to the exterior of the
building. At least one toilet room or bathroom in a dwelling unit
shall be accessible from any sleeping room without passing through
another sleeping room.
Toilet rooms and bathrooms serving hotel units,
lodging units or dormitory units, unless located within respective
units or directly connected thereto, shall be provided on the same
floor with such units and shall be accessible only from a common hall
or passageway.
Bathrooms and toilet rooms shall be provided
with floors of moisture-resistant material.
Water supply lines, plumbing fixtures, vents
and drains shall be properly installed, connected and maintained in
working order and shall be kept free of obstructions, leaks and defects
and capable of performing the function for which they are designed.
[Amended 12-18-1992 by Ord. No. 205A]
All plumbing facilities shall be maintained
in a clean and sanitary condition by the occupant so as not to breed
insects and rats or produce dangerous or offensive gases or odors.
Plumbing fixtures shall be installed so as to
permit easy access for cleaning both the fixtures and the areas around
them.
Plumbing fixtures which are replaced shall be
of water saving construction and use.
The water supply shall be maintained free from
contamination and all water inlets for plumbing fixtures shall be
located above the overflow rim of the fixture.
The water supply system shall be installed and
maintained to provide at all times a supply of water to plumbing fixtures,
devices and appurtenances in sufficient volume and at adequate pressures
to enable them to function satisfactorily.
[Amended 12-18-1992 by Ord. No. 205A]
Water heating facilities shall be properly installed,
properly maintained and properly connected with hot water lines to
the fixtures required to be supplied with hot water. Water heating
facilities shall be capable of heating water to such a temperature
so as to permit an adequate amount of water to be drawn at every required
kitchen sink, lavatory basin, bathtub, shower and laundry facility
or other similar units at a temperature of not less than 110°
F.
Every sink, lavatory, bathtub or shower, drinking
fountain, water closet or other facility shall be properly connected
to a public sewer system or to an improved private sewage disposal
system.
[Amended 12-18-1992 by Ord. No. 205A]
Every plumbing stack, waste and sewer line shall
be so installed and maintained as to function properly and shall be
kept free of obstructions, leaks and defects to prevent structural
deterioration or health hazards.
An approved system of stormwater disposal shall
be provided and maintained for the safe and efficient drainage of
roofs and paved areas, yards and courts, and other open areas on the
premises.
[Amended 12-18-1992 by Ord. No. 205A]
Every dwelling unit and guest room shall be
provided with heating facilities capable of maintaining a room temperature
of 65° F. at a point three feet above the floor and three feet
from an exterior wall in all habitable rooms, bathrooms and toilet
rooms. In every dwelling unit that contains cooking and baking facilities
for the purpose of preparation of food, such facilities shall be properly
installed by the owner and operated and kept in a clean and sanitary
working condition by the occupant.
In every dwelling unit that contains a refrigeration
unit for the temporary preservation of perishable foods, such unit
shall be capable of maintaining an average temperature below 45°
F. and shall be properly installed by the owner and operated and kept
in a clean and sanitary working condition by the occupant.
All cooking and heating equipment, components
and accessories in every heating, cooking and water heating device
shall be maintained free from leaks and obstructions, and kept functioning
properly so as to be free from fire, health and accident hazards.
All mechanical equipment shall be properly installed
and safely maintained in good working condition and be capable of
performing the function for which such equipment was designed and
intended.
[Amended 12-18-1992 by Ord. No. 205A]
All fuel-burning equipment designed to be connected
to a flue, chimney or vent shall be connected in an approved manner.
All required clearances from combustible material
shall be maintained. All safety controls for fuel-burning equipment
shall be maintained in effective operation.
A supply of air for complete combustion of fuel
and for ventilation of the space shall be provided to the fuel-burning
equipment.
Fireplaces and other devices for use similar
to a fireplace, including wood and coal-burning stoves, shall be stable
and structurally sound and connected to approved chimneys.
When facilities for interior climate control
(heating, cooling or humidity) are integral functions of structures
used as dwelling units, such facilities shall be maintained and operated
in a continuous manner in accordance with the design capacity.
[Amended 12-18-1992 by Ord. No. 205A]
Where there is electrical service available
to a structure, every habitable room of a dwelling unit and every
guest room shall contain at least two separate and remote outlets,
one of which may be a ceiling or wall type electric light fixture.
In a kitchen, three separate and remote wall type electric convenience
outlets or two such convenience outlets and one ceiling or wall type
electric light fixtures shall be provided. Every public hall, water
closet compartment, bathroom, laundry or furnace room shall contain
at least one electric light fixture. In addition to the electric light
fixture in every bathroom and laundry room, there shall be provided
at least one electric outlet.
[Amended 12-18-1992 by Ord. No. 205A]
All electrical equipment, wiring and appliances
shall be installed and maintained in a safe manner in accordance with
all applicable laws. All electrical equipment shall be of an approved
type.
Where it is found, in the opinion of the Town
Manager, that the electrical system in a structure constitutes a hazard
to the occupants or the structure by reason of inadequate service,
improper fusing, insufficient outlets, improper wiring or installation,
deterioration or damage, or for similar reasons, the Town Manager
shall require the defects to be corrected to eliminate the hazard.
A safe, continuous and unobstructed means of
egress shall be provided from the interior of the structure to the
exterior at a street, or to a yard, court or passageway leading to
a public open area at grade.
Every dwelling unit or guest room shall have
access directly to the outside or to a public corridor.
All doors in the required means of egress shall
be readily openable from the inner side. Exits from dwelling units,
hotel units, lodging units and dormitory units shall not lead through
other such units or through toilet rooms or bathrooms.
All required fire escapes shall be maintained
in working condition and be structurally sound.
All exit signs shall be maintained, illuminated
and visible.
Waste, refuse or other materials shall not be
allowed to accumulate in stairways, passageways, doors, windows, fire
escapes or other means of egress.
[Amended 12-18-1992 by Ord. No. 205A]
Highly flammable or explosive matter such as
paints, volatile oils and cleaning fluids, or combustible refuse such
as wastepaper, boxes and rags shall not be accumulated or stored on
residential premises except in reasonable quantities consistent with
normal usage.
A dwelling unit or rooming unit shall not be
located within a structure containing an establishment handling, dispensing
or storing flammable liquids with a flash point of less than 110°
F.
Fire alarms and detecting systems shall be maintained
and be suitable for their respective purposes.
Fire suppression systems shall be maintained
in good condition, free from mechanical injury. Sprinkler heads shall
be maintained clean, free of corrosion and paint and not bent or damaged.
All portable fire extinguishers shall be visible
and accessible and maintained in a safe and efficient operating condition.
Every occupant of a structure or a part thereof
shall keep that part of the structure or premises thereof which that
occupant occupies, controls or uses in a clean and sanitary condition.
Every owner of a dwelling containing two or more dwelling units shall
maintain in a clean and sanitary condition the shared or public areas
of the building and premises thereof.
Every occupant of a structure or part thereof
shall dispose of all rubbish in a clean and sanitary manner by placing
it in rubbish containers equipped with tight-fitting covers as required
by this chapter.
Every occupant of a structure or a part thereof
shall dispose of garbage in a clean and sanitary manner, securely
wrapping such garbage and placing it in a tight garbage storage container
as required by this chapter or by such other disposal method as may
be required by any applicable law or other ordinance.
Every dwelling unit shall be supplied with approved
containers and covers for storage of rubbish and the owner, operator
or agent in control of such dwelling shall be responsible for the
removal of such rubbish.
All spaces used or intended to be used for food
preparation shall contain suitable space and equipment to store, prepare
and serve foods in a sanitary manner. There shall be adequate facilities
and services for the sanitary disposal of food waste and refuse, including
facilities for temporary storage where and when necessary.
The owner or occupant of a structure or a part
thereof shall keep the installed equipment and fixtures therein clean
and sanitary and shall be responsible for the exercise of reasonable
care in their proper use and operation.
The equipment and fixtures furnished by the
occupant of a structure shall be properly installed and shall be maintained
in good working condition, kept clean and sanitary and free from defects,
leaks or obstructions.
The owner of any structure shall be responsible
for the extermination of insects, rats, vermin or other pests within
the structure prior to renting, leasing or selling the structure.
The tenant-occupant of any structure shall be
responsible for the continued ratproof condition of the structure
and if the tenant-occupant fails to maintain the ratproof condition,
the cost of extermination shall be the responsibility of the tenant-occupant.
The occupant of a structure containing a single
dwelling unit shall be responsible for the extermination of any insects,
rats or other pests in the structure or on the premises.
Every owner, agent or operator of two or more
dwelling units or multiple units or rooming houses shall be responsible
for the extermination of any insects, rats or other pests in the public
or shared areas of the structure and premises.
[Amended 12-18-1992 by Ord. No. 205A; 11-16-1994 by Ord. No. 205B]
When a structure is found by the Town Manager
to be unsafe, or when a structure or part thereof is found unfit for
human occupancy or use, it may be declared to be a common and public
nuisance and condemned pursuant to this chapter and may be placarded,
vacated and boarded to prevent further entry except under supervision.
Such condemned structure shall not be reoccupied without approval
of the Town Manager, but such approval may not be withheld upon completion
of specified corrections of violations.
A.
An unsafe structure is one in which all or part thereof
is found to be dangerous to life, health, property or the safety of
the public or the structure's occupants because it is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction
or unstable foundation that it is likely to partially or completely
collapse.
B.
Unsafe equipment includes any boiler, heating equipment,
elevator, moving stairway, electrical wiring or device, flammable
liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is found
to be a hazard to life, health, property or safety of the public or
occupants of the premises or structure. Unsafe equipment may contribute
to the finding that the structure is unsafe or unfit for human occupancy
or use.
C.
A structure is unfit for human occupancy or use whenever
the Town Manager finds that it is unsafe or, because it lacks maintenance
and is in extreme disrepair, is unsanitary, vermin-infested or rat-infested,
contains filth and contamination, or lacks ventilation, illumination,
minimal electrical facilities as required by this chapter, minimum
hot water requirements as required by this chapter, minimum water
requirements as required by this chapter, minimum sewer, wastewater
or other sanitary facilities as required by this chapter, minimum
heating facilities as required by this chapter or other essential
equipment as required by this chapter.
D.
If the structure or part thereof is vacant and unfit
for human habitation, occupancy or use, and is not in danger of structural
collapse, the Town Manager may post a placard of condemnation on the
premises and may order the structure closed up so that it will not
be an attractive nuisance to youngsters; provided, however, that at
no time shall the closing up or boarding up of a structure, done either
pursuant to this section or done otherwise, preclude the enforcement
of this chapter with respect to said structure. Upon failure of the
owner to close up the premises within the time specified in the order,
the Town Manager shall cause it to be closed through any available
public agency or by contract or arrangement by private persons and
the cost thereof shall be charged upon the real estate upon which
the structure is located and shall be a lien upon such real estate.
[Amended 12-18-1992 by Ord. No. 205A]
Whenever the Town Manager determines that there
has been a violation of this chapter or has reasonable grounds to
believe that a violation has occurred, or whenever the Town Manager
has condemned any structure or equipment under this chapter, notice
shall be given to the owner or the person or persons responsible therefor
in the manner prescribed hereinafter. If the Town Manager has condemned
the property or part thereof, the Town Manager shall give notice to
the owner and to the occupants of the intent to placard and to order
vacation of the premises or to order equipment out of service. Such
notice shall:
A.
Be in writing.
B.
Include a description of the real estate sufficient
for identification.
C.
Include a statement of the reasons why it is being
issued.
D.
Include a correction order allowing a time period
not to exceed 30 days from the date of delivery of this notice for
the repairs and improvements required to bring the dwelling unit or
structure into compliance with this chapter.
[Added 6-13-2007 by Ord. No. 2007-9]
E.
Include an explanation of the owner's and/or occupant's
right to seek modification or withdrawal of the notice by petition
to the Board of Adjustments and Appeals.
F.
Include penalties for noncompliance.
[Amended 12-18-1992 by Ord. No. 205A]
A.
Service shall be deemed properly served upon the owner
and/or occupant:
(1)
If a copy thereof is delivered to the owner and/or
occupant personally;
(2)
By leaving the notice at the usual place of abode,
in the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or
(3)
By certified or registered mail service addressed
to the owner and/or occupant at his or her last known address.
B.
If the owner, agent or person in control is not found,
a copy of the notice posted in a conspicuous place on the premises
shall be deemed the equivalent of personal service, upon posting.
Any notice herein shall, if mailed, be deemed to be effective upon
mailing.
[Amended 12-18-1992 by Ord. No. 205A]
When condemnation order is served on an occupant
other than the owner or person responsible for such compliance, the
Town Manager shall allow the owner or occupant a reasonable time to
vacate the property after noncompliance shall be stated. Owners or
persons responsible for compliance must vacate at the time set for
correction of the defects if there is a failure of compliance. Failure
to comply with orders and notices shall be subject to the penalties
as set forth in this chapter.
[Amended 12-18-1992 by Ord. No. 205A]
It shall be unlawful for the owner of any dwelling
unit or structure who has received a compliance order or upon whom
a notice of violation has been served to sell, transfer, mortgage,
lease or otherwise dispose of such property to another until the compliance
order or notice of violation has been complied with, or until such
owner shall first furnish the grantee, transferee, mortgagee or lessee
a true copy of any compliance order or notice of violation issued
by the Town Manager and shall furnish to the Town Manager a signed
and notarized statement from the grantee, transferee, mortgagee or
lessee, acknowledging the receipt of such compliance order or notice
of violation, and fully accepting responsibility without condition
for making the corrections or repairs required by such compliance
order or notice of violation.
[Amended 12-18-1992 by Ord. No. 205A]
After the condemnation notice required under
the provisions of this chapter has resulted in an order by virtue
of failure to comply within the time given, the Town Manager may post
on the premises or structure or parts thereof, or on defective equipment,
a placard bearing the words "condemned as unfit for human occupancy
or use" and a statement of the penalties provided for any occupancy
or use or for removing the placard. The owner or the person or persons
responsible for the correction of violations and all other occupants
shall remove themselves from the property on failure to comply with
the correction order within the time specified.
Any person who shall occupy a placarded premises
or structure or a part thereof or shall use placarded equipment, and
any owner or any person responsible for the premises who shall let
anyone occupy a placarded premises shall be deemed guilty of a misdemeanor
and shall be subject to the penalties provided for in this chapter.
The Town Manager shall remove the condemnation
placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person
who defaces or removes a condemnation placard without the approval
of the Town Manager shall be subject to the penalties provided by
this chapter.
Whenever the Town Manager finds that an emergency
exists on any premises or in any structure or part thereof or on any
defective equipment which requires immediate action to protect the
health and safety of the public or that of the occupants thereof,
the Town Manager may, with proper notice and service in accordance
with the provisions of this chapter, issue an order reciting the existence
of such emergency and requiring the vacating of the premises or requiring
that such action be taken as the Town Manager deems necessary to meet
such emergency. Notwithstanding any other provision of this chapter,
such order shall be effective immediately and the premises or equipment
involved shall be placarded immediately upon service of the order.
Any person to whom such an order is directed
shall comply therewith. The person to whom it is directed may thereafter,
upon petition directed to the Board of Adjustments and Appeals, be
afforded a hearing as prescribed in this chapter. Depending upon the
findings of the Board of Adjustments and Appeals at such hearing as
to whether the provisions of this chapter and the rules and regulations
adopted pursuant thereto have received compliance, the Board of Adjustments
and Appeals shall continue such order or modify or revoke it.
[Amended 1-26-2011 by Ord. No. 2011-3]
The Town Manager may order the owner of any premises upon which
is located any structure or part thereof which in the judgment of
the Town Manager is so old, dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use, so that it would be unreasonable to
repair the same, to raze and remove such structure or a part thereof;
or if it can be made safe by repair, to repair and make safe and sanitary
or to raze and remove at the owner's option; or where there has been
a cessation of normal construction of any structure for a period of
more than six months to raze and remove such structure or a part thereof.
[Amended 1-26-2011 by Ord. No. 2011-3]
The order shall specify a time within which the owner shall
comply therewith and specify the repairs, if any. It shall be served
on the owner of record or an agent where an agent is in charge of
the building and upon the holder of any lien in the manner provided
in this chapter for service of condemned buildings. If the owner or
holder of a lien of record cannot be found, the order may be served
by posting it on the main entrance of the building and by publishing
it once each week for three successive weeks in a newspaper of general
circulation in the Town of Georgetown.
[Amended 12-18-1992 by Ord. No. 205A; 1-12-2000 by Ord. No. 00-01-01]
Any owner or tenant of a structure affected
by the order of the Town Manager may, within 30 days after service
of such order, apply to a court of competent jurisdiction for an order
restraining the Town Manager from demolishing such building or part
thereof. The court to whom the application is made shall determine
whether the order of the Town Manager is reasonable, and if found
to be unreasonable, the court may issue an order restraining the Town
Manager from proceeding.
[Amended 12-18-1992 by Ord. No. 205A; 3-10-1999]
Whenever the owner of a property fails to comply
with a demolition order within the time prescribed, the Town Manager
may cause the structure or part thereof to be razed and removed, either
through an available public agency or by contract or arrangement with
private persons, or legal proceedings may be instituted in a court
of competent jurisdiction ordering the razing or removal of the structure
by the owner and seeking such further relief as deemed appropriate.
In either event, the cost and expenses of such razing shall be charged
against the real estate upon which the structure is located and such
cost shall be a lien upon such real estate.
[Amended 12-18-1992 by Ord. No. 205A]
When any structure has been ordered razed and
removed the Town Manager or his or her designated representative may
sell the salvage and valuable materials resulting from such razing
or removal, such materials to be sold at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of razing
and removal, shall be promptly remitted with a report of such sale
or transaction, including the items of expense and the amounts deducted,
to the person who may be entitled thereto, subject to any order of
a court of competent jurisdiction. If no surplus remains, the report
shall so state.
[Amended 12-18-1992 by Ord. No. 205A]
These amendments shall not affect violations
of Ordinance 205 existing as of the date of the enactment of this
chapter, and any such violation shall be governed and shall continue
to be enforced to the full extent of the law under Ordinance 205,
as it existed at the time the violation was committed.
[Added 6-13-2007 by Ord. No. 2007-8]
It shall be in violation of the Code for a person
to place holiday seasonal lighting in a location that is visible from
public property or from abutting private property more than 35 days
prior to the holiday and 30 days after the holiday with which the
holiday seasonal lighting is associated.
[Added 7-8-2009 by Ord. No. 2009-11; amended 8-26-2020 by Ord. No. 2020-02]
New and existing buildings shall display clear and visible address
identification. The address identification shall be legible and placed
in a position that is visible from the street or road fronting the
property. Address identification characters shall contrast with their
background. Address numbers shall be Arabic numerals or alphabetic
letters. Numbers shall not be spelled out. Character size and stroke
shall be as specified in the tables below. Address identification
shall be maintained.
|
Table A
Address and Premises Identification for Single-Family Dwellings
| ||
|---|---|---|
|
Location
|
Minimum Height
(Inches)
|
Minimum Stroke
(Inches)
|
|
House
|
3
|
0.5
|
|
Table B
Address and Premises Identification for Multifamily Dwellings
| ||
|---|---|---|
|
Location
|
Minimum Height
(Inches)
|
Minimum Stroke
(Inches)
|
|
Building
|
12
|
1
|
|
Unit numbers visible from walks and drives
|
6
|
0.5
|
|
Interior doors
|
4
|
0.5
|
|
Table C
Address and Premises Identification for Commercial, Industrial,
and Office Buildings
| ||
|---|---|---|
|
Location
|
Minimum Height
(Inches)
|
Minimum Stroke
(Inches)
|
|
Building
|
12
|
1
|
|
Suites (front and rear)
|
6
|
0.5
|
|
Interior hallway suites
|
4
|
0.5
|
