Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 11, Art. 4, Div. 3, of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 85.
Nuisances — See Ch. 152.
For the purposes of this chapter, an excavation for construction of a building which remains uncovered for a period of 30 days shall be considered to be an abandoned excavation.
The maintaining of an abandoned excavation on any property located within the corporate limits of the Town of Milton which constitute a serious hazard to life and property shall be and is hereby declared to be a common and public nuisance.[1]
[1]
Editor's Note: See Ch. 152, Nuisances.
Whenever the Building Inspector, Town Clerk, or the Council of Milton receive any information that an abandoned excavation exists within the corporate limits of the Town of Milton, the Building Inspector shall forthwith investigate and determine whether the excavation is an abandoned excavation constituting a serious hazard to life and property and shall make a report, in writing, to the Council of Milton at the next regular meeting thereof, setting forth his/her findings and conclusions concerning the excavation.
If the Building Inspector concludes, following his/her investigation that an excavation is an abandoned excavation, the Council of Milton shall cause a notice to be directed to the owner of the building at his/her/their last known address, setting forth the findings and conclusions of the Building Inspector. The notice shall set a time and date for a public hearing before the Council of Milton to afford the interested parties an opportunity to show cause, if any they have, where the excavation investigated by the Building Inspector should not be declared to be an abandoned excavation and a hazard to life and property and why it should not be ordered refilled. The date of the public hearing shall not be later than 20 days from the date of the notice. Any notice given pursuant to this section shall be by certified mail with return receipt requested. The Council of Milton shall also direct that a copy of said notice be posted on the premises where the excavation exists.
At the public hearing, the owner of the building shall be permitted to present evidence why the excavation should not be declared an abandoned excavation and a common and public nuisance and why he should not be ordered to abate the condition by refilling such excavation.
Following the hearing and presentation of any evidence by the owner, the Council of Milton shall issue its findings and conclusions concerning the excavation. If it is found that the excavation is an abandoned excavation and constitutes a hazard of life and property, it shall be declared to be a common and public nuisance and its refilling by a certain date shall be ordered.
If the owner fails to comply with any order issued by the Council of Milton within the time specified in the order, the Council of Milton shall authorize the Town Solicitor to file suit in a court of competent jurisdiction against such owner and obtain the necessary order to enforce the directions of the Council of Milton.