[HISTORY: Adopted by the City Council of the City of Lewes 11-13-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 148, Property Maintenance, adopted 8-12-2013, as amended.
The International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Lewes, in the State of Delaware, and each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made part hereof, as if fully set out herein.
Amendment to 101.1, Title. Section 101.1 of the Property Maintenance Code of the City of Lewes is amended by deleting "[NAME OF JURISDICTION]" and inserting "the City of Lewes."
Section 103.1, Creation of Agency, of the Property Maintenance Code of the City of Lewes is amended by deleting "[INSERT NAME OF DEPARTMENT]" and inserting "Building Department."
Section 104, Fees, of the Property Maintenance Code of the City of Lewes is amended by deleting it in its entirety.
Delete Section 107, Means of Appeal, of the Property Maintenance Code in its entirety.
Delete Section 108, Board of Appeals, of the Property Maintenance Code in its entirety.
Section 109.3, Prosecution of violation, of the Property Maintenance Code of the City of Lewes is amended by inserting a new sentence at the end of Section 109.3 as follows: "Per Chapter 70, Article XIX, Violation and Penalties."
Section 110.4, Failure to comply, of the Property Maintenance Code of the City of Lewes is amended by inserting the phrase at the end of Section 110.4 as follows: "in Chapter 70, Article XIX, Violation and Penalties."
Section 201.3, Terms defined in other codes, of the Property Maintenance Code of the City of Lewes is amended by inserting a new sentence at the end of Section 201.3 as follows: "Where terms are explicitly defined in the Municipal Code of the City of Lewes, such definitions shall be controlling in all instances unless the context clearly requires otherwise."
Section 302.3, Sidewalks and driveways, of the Property Maintenance Code of the City of Lewes is amended by inserting a new section at the end of Section 302.3 as follows:
302.3.1 Sidewalks and walkways. Sidewalks and walkways shall be clear of snow and ice within 24 hours after the end of the snowfall/ice event and shall be kept clear of debris from lawn maintenance. Lawn debris shall not be placed in the street.
Section 302.4, Weeds, of the Property Maintenance Code of the City of Lewes is amended by deleting "All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]" and inserting "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches."
Section 302, Exterior Property Areas, of the Property Maintenance Code of the City of Lewes is amended by adding new Subsection 302.10 as follows:
A.
For purposes of this subsection, "portable storage unit" shall be defined as any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of tangible property of any kind and which is located for such purposes outside an enclosed building. An accessory building or shed complying with all building codes and land use requirements shall not be deemed a portable storage unit.
B.
The following fees shall be paid for maintaining a portable storage unit on private property within the City of Lewes:
(1)
For a period of up to 30 days, due prior to the placement of a portable storage unit: $50.
(2)
For each additional thirty-day period, or part thereof: $100.
C.
Maintaining a portable storage unit on a public street or public right-of-way within the City of Lewes shall be permitted by the City Manager, or the City Manager's designee, where the health, safety, and welfare of the City shall not be adversely affected by such placement. The following fees shall be paid for maintaining a portable storage unit on a public street or a public right-of-way within the City of Lewes:
(1)
For a period of up to 15 days, due prior to the placement of a portable storage unit: $150.
(2)
For each additional fifteen-day period, or part thereof: $150.
Section 304.14, Insect Screens, of the Property Maintenance Code of the City of Lewes is amended by deleting the phrase "During the period from [DATE] to [DATE]" and inserting "During the period from April 15 to October 15."
Section 308.2.1, Rubbish storage facilities, of the Property Maintenance Code of the City of Lewes is amended by deleting it in its entirety and inserting the following:
308.2.1 Rubbish storage facilities. Unless the City provides a container, the owner of every occupied premises shall supply approved covered containers for rubbish. The owner of the premises shall be responsible for the removal of rubbish in accordance with Ch. 106 of the City Code.
Section 308.3.2, Containers, of the Property Maintenance Code of the City of Lewes is amended by inserting the following new sentence at the conclusion of the subsection: "When not out for collection, containers shall be located and maintained out of public view in such a manner as to prevent the creation of a nuisance or a health hazard."
Section 308.4, Temporary dumpsters, of the Property Maintenance Code of the City of Lewes is hereby amended by adding a new Subsection 308.4 as follows:
308.4 Temporary dumpsters.
A.
For purposes of this subsection, "dumpster" shall be defined as any container, receptacle, compactor unit, trailer, roll-off, or similar unit with or without wheels that is used for temporary storage, containment, or transport of refuse, debris, trash, garbage, food waste, solid waste, recyclable material, incidental demolition debris, or other discarded or like materials. It shall not apply to ordinary trash or recycling receptacles of 96 gallons or less.
B.
There shall be no fee to maintain a dumpster on private property within the City of Lewes so long as a valid building permit has been obtained for the property.
C.
Maintaining a dumpster on a public street or public right-of-way within the City of Lewes shall be permitted by the City Manager, or the City Manager's designee, where the health, safety, and welfare of the City shall not be adversely affected by such placement. The following fees shall be paid for maintaining a dumpster on a public street or public right-of-way within the City of Lewes:
(1)
For a period of up to 15 days, due prior to the placement of a dumpster: $150.
(2)
For each additional fifteen-day period, or part thereof: $150.
Section 602.3, Heat supply, of the Property Maintenance Code of the City of Lewes is amended by deleting ". . .during the period from [DATE] to [DATE]" and inserting ". . .during the period from October 15 to April 15."
Section 602.4, Occupiable work spaces, of the Property Maintenance Code of the City of Lewes is amended by deleting ". . .during the period from [DATE] to [DATE]" and inserting ". . .during the period from October 15 to April 15."
All references in the Property Maintenance Code of the City of Lewes to International Codes not adopted by the City shall instead refer to the locally applicable code.