Town of Millville, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Millville 12-18-2007 by Ord. No. 07-13. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 48.
Licenses — See Ch. 90.
Subdivision of land — See Ch. 125.
Taxation — See Ch. 132.
Zoning — See Ch. 155.

§ 10-1 Determination of currentness required.

The Town staff of the Town of Millville having authority to accept applications and issue approvals, permits, licenses and/or provide Town services shall first determine that the applicant is current on and not in default of certain obligations owed to the Town.

§ 10-2 Obligations to be current.

[Amended 11-12-2008 by Ord. No. 08-05]
Applicants for Town approvals, permits, licenses and/or the use, receipt or provision of Town services shall be current on all of the following obligations to the Town, the request for payment of which has been sent via regular mail, e-mail, facsimile or hand delivery at least 30 days prior, prior to receiving such approvals:
A. 
Property taxes.
B. 
Capitation taxes.
C. 
Application fees and any applicable professional fees.
D. 
Subdivision fees and any applicable professional fees.
E. 
License fees.
F. 
Permit fees, including building permits, building code and inspection fees.
G. 
Administrative fees.
H. 
Performance and surety bonds and any applicable professional fees.
I. 
Site plan reviews and any applicable professional fees.
J. 
Interest, penalties, court costs and/or attorneys' fees if applicable to a default in any of the above listed obligations.
K. 
Agreed upon reimbursements for costs paid by the Town.

§ 10-3 Denial of Town approvals.

The Town staff of the Town of Millville shall refuse to accept applications and grant permits and/or approvals for the use, receipt or provision of Town services, including but not limited to building permits, building code plan reviews and/or inspections, subdivisions, rezoning, conditional uses, variances and/or special exceptions until the property owner and/or applicant has demonstrated that all Town obligations identified in § 10-2 above have been paid current as to all lands and property owned by the individual requesting the permit, approval or Town services. If the party requesting Town approval is current on some, but not all obligations owed to the Town, the approval, permit, license and/or Town service being applied for shall be denied until such time as all Town obligations are current and fully complied with.

§ 10-4 Procedure.

A. 
All Town employees who are responsible for taking applications and/or granting approvals and/or permits and/or providing the Town services identified in § 10-3 shall make all reasonable efforts to determine that none of the Town obligations identified in § 10-2 are unpaid and/or that the property owner requesting the approval, permit or service is not in violation of any monetary or compliance obligation owed to the Town.
B. 
Property owners who have taxes or any other obligations owed to the Town must have written approval from the Town Manager indicating full payment of all taxes, assessments, fees or obligations that are in arrears before any application for a building permit, building code approval, subdivision, rezoning, conditional use, variance, special exception or Town services can be accepted or approved by the Town.
C. 
If any noncomplying or incomplete payments, actions or filings are determined to exist, then the Town Manager or their designee shall, in writing, deny the license, application or other form of approval requested until all existing requirements for payment, actions or filings have been fully complied with or completed, clearly identifying in the written denial, the payment, action or filing required to be completed or complied with. Failure by the appropriate administrative agency or official to issue such written denial within 10 working days from the receipt of an application shall enable the applicant to receive the permit or other approval for which application was made.

§ 10-5 Appeals.

Any applicant for a permit or other form of Town approval who receives the aforesaid written denial of a permit or other form of approval by the Town of Millville staff, may appeal that denial to the Town Manager within 20 calendar days of such denial. The Town Manager, or their designee, shall thereafter hold a hearing at which said applicant shall be permitted to provide proof that such payment has been made or that a required action or filing has been properly carried out or otherwise show that such denial is based on incorrect information or is not appropriate as to the applicant. In the event the Town Manager denies a permit or other form of approval after the hearing with the applicant, the applicant may appeal that denial to the Town Council within 20 calendar days of such denial.