A.
Enforcement of the penalties contained in this section
of this chapter shall begin 18 months following the adoption of this
chapter. During the period between the date of adoption and the beginning
date of enforcement, the County Mapping and Addressing Office shall
inform the public of the adoption of the chapter, the requirements
thereof, the consequences for failure to comply with the chapter and
the date on which the County will begin to enforce the penalties for
failure to comply.
B.
In the event any person, corporation or other legal
entity shall violate the requirements of this chapter, the County
or its designee shall take the following action regarding such violation.
(1)
The alleged violator will be notified, in writing,
of the portion or portions of the chapter they are alleged to have
violated and all of the requirements necessary for them to complete
in order to comply with the terms of the chapter. Such notice shall
be sent by certified mail, return receipt requested, to the person
or entity at the address listed in the County tax records. If the
violation is not resolved to the satisfaction of the County within
15 calendar days following receipt of said written notice, the violator
shall be charged with a violation of the chapter and shall be assessed
a fine in the amount of $50. A notice of the assessment of the fine
shall be sent to the violator by certified mail, returned receipt
requested, at the address set forth in the County tax records.
(2)
If the violator has not complied with the requirements
of the chapter within two calendar weeks from the date of the letter
notifying him/her of the assessment of the fine and the steps required
to comply, an additional fine of $100 per day shall be assessed beginning
on the 15th day following receipt of notice
sent by mail, return receipt requested. Wherever notice is provided
herein to be made by certified mail, return receipt requested, the
County may elect, at its option, to deliver the notice by hand delivery
to one of the property owners or another adult person in or upon the
property at the time of the delivery. If and when a fine of $100 per
day begins to accrue it shall continue to accrue at that rate until
the violation of chapter has been cured and the property is in compliance
with this chapter. A properly authenticated photograph of the subject
property, showing the absence of the information required by this
chapter shall be considered sufficient proof of noncompliance in any
enforcement action.
(3)
Fines and penalties assessed for a violation of the
chapter shall be considered civil penalties and any action brought
for the recovery of the penalties by the County shall be brought in
the Justice of the Peace Courts under the jurisdictional statute contained
in 10 Del. C. § 9301.
(4)
In addition to the fines and penalties set forth in
this section of the chapter, a person adjudged to have violated the
terms of the chapter shall, in addition to any fines and penalties
assessed, pay all court costs and assessments levied by the Justice
of the Peace Courts.
