Town of Milton, DE Article II General Penalty

[Derived from Ch. 11, Art. 12, of the prior Code; amended in its entirety 6-4-2018 by Ord. No. 2018-002]

§ 1-18 Violations and penalties.

A. Unless the provision in question specifically provides for other penalties, any person who violates a provision of a chapter of this Code shall be fined $99 for the first offense and $250 for each subsequent or continuing offense. Each day that a violation continues shall be deemed a separation violation.

B. Option to pay fines directly to Town. Any fine associated with the violation of any section of the Code, as set forth above, may be paid directly to the Town of Milton by the due date stated in the notice of violation. If fines are not paid or violations are not remedied, or both, the Town may seek enforcement in a Delaware court of competent jurisdiction.

C. Code enforcement; general procedures.

(1) When a Code violation is reported, the Code Enforcement Officer will investigate promptly. Complaints can be relayed by phone, e-mail, or in person at Town Hall. A record shall be kept of all complaints pursuant to Town recordkeeping policy.

(2) If a violation is verified, enforcement action will be taken. Unless otherwise provided by the Code:

(a) A door hanger notifying the property owner or occupant of the violation(s) is placed on the property and a notice of deficiency is mailed by certified mail to the property owner of record.

(b) If a violation remains after the number of days indicated in the notice of deficiency for correction, a first notice of violation will be issued with the corresponding fine assessed, and sent via certified mail to the property owner of record.

(c) If a violation remains after the number of days indicated in the first notice of violation for correction, a second notice of violation will be issued with the corresponding additional fine assessed, and sent via mail to the property owner of record.

(d) If a violation remains after the number of days indicated in the second notice of violation for correction, a summons to appear in court will be issued to the property owner of record.

(e) In appropriate cases, duplicate notices may also be mailed or provided to residents or tenants of the property, if not owner/occupied, posted on the property, or both, as well as mailed to the owner of record.

D. Amount of fine to be paid. The amount due to be paid directly to the Town shall be the minimum amount due as set forth in § 1-18A.

E. Records. The Town shall keep a complete record of all payments made to the Town in accordance with this article.

F. Summons. Code Enforcement Officers are authorized to issue a summons to enforce the minimum fines due for violations of the following chapters of the Code:

Chapter Title	Chapter Number
Animals	63
Building Construction	85
Burning, Open	89
Business Licenses	93
Housing Standards	136
Nuisances	152
Rental Properties	164
Street and Sidewalks	183
Trailers and Camping	198
Vehicles, Abandoned or Inoperable	208
Vehicles and Traffic	209
Water	215

G. Notices to be mailed.

(1) Any notice issued for failure to comply with the specific chapter of the Town Code shall be mailed by certified mail to the owner of record of the property that is the subject of the violation at the owner's last known address as shown on the assessment records of the Town.

(2) In appropriate cases, duplicate notices may also be mailed or provided to residents or tenants of the property, if not owner occupied, posted on the property, or both, as well as mailed to the owner of record.

H. In addition, any person in violation shall become liable to the Town for any expense, loss or damage suffered by the Town by reason of such violation, including, but not limited to, the Town's engineers' fees, the Town's attorneys' fees and costs of prosecution.

I. In addition, the Mayor and Town Council may direct the Town Solicitor or other attorneys to proceed at law or in equity against any person responsible for the violation for the purpose of enjoining any continued or subsequent violation.