[HISTORY: Adopted by the Levy Court of Kent County 6-11-1996 by Ord. No. 96-12; amended in its entirety 6-13-2000 by Ord. No. 00-15. Amendments noted where applicable.]
Housing standards — See Ch. 143.
[Amended 6-22-2004 by Ord. No. 4-11; 5-11-2010 by Ord. No. 10-05]
General. In the event that any owner, occupant or party responsible for any premises under the jurisdiction of Kent County shall permit weeds or plant growth to grow to a height of more than 12 inches in violation of the applicable provisions of the most recently adopted edition of the ICC Property Maintenance Code, the Division Head of Inspections and Enforcement or her/his designee shall issue a violation and correction order notifying the owner, occupant or responsible party of the violation.
Order. The violation and correction order is to be served personally, or by certified mail, return receipt requested, upon the owner, occupant or responsible party. If an owner, occupant or responsible party cannot be found, the order may be served by posting it on the property. The order shall cite the violation and state the corrective action to be taken and shall state the consequences for failure to take said corrective action.
Failure to comply. If the violation is not corrected within five calendar days from the date of the receipt of the order, then the County may remove the growth in violation and charge the responsible party the hourly rate established annually by the County plus an administrative fee of $50 per incident, designated for minor code 211/Code Enforcement, for such work completed to render the property in compliance with the code. In the event that the violation is corrected by the County and the charges assessed by the County for correction are not paid, the charges assessed by the County shall be charged against the real estate and shall be a lien upon such real estate as provided in § 175-2. When the owner, occupant, or responsible party of any premises has received a correction order and fails to take corrective action, and the County has corrected the violation in accordance with this subsection, then no further notification shall be necessary for the County to take any further corrective action on any subsequent violations within the following twelve-month period starting from the date of the first corrective action by the County.
[Amended 2-10-2015 by Ord. No. 15-02]
There hereby is created a tax lien on real property in the amount equal to the charges assessed against the owner, occupant or responsible party by the County for bringing the property into compliance with the weed and plant growth provisions of the Property Maintenance Code as a result of the refusal of the owner, occupant or responsible party to comply with the lawful order of the Division Head of Inspections and Enforcement or his/her designee after due notice thereof. Upon certification of a tax lien to the appropriate County official by the Division Head of Inspections and Enforcement, the amount of such lien shall be recorded and collected in the same manner as County real estate taxes.
This chapter is adopted pursuant to the powers conferred upon the Levy Court of Kent County, Delaware, in 9 Del. C. §§ 4110 and 4414.