Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 11, Art. 4, of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 63.
Abandoned excavations — See Ch. 116.
Noise — See Ch. 148.
Property maintenance — See Ch. 158.
Solid waste — See Ch. 179.
Streets and sidewalks — See Ch. 183.
No person shall cause, suffer, permit or maintain the existence of any nuisance upon any property owned, occupied or controlled by him or upon any sidewalk, parking strip, boardwalk or street abutting upon any property owned, occupied, or under his control.
The following are declared to be nuisances:
A. 
Any accumulation of decomposed animal or vegetable matter, garbage, tin cans, ashes, offal, filth, waste, or other putrid or unwholesome refuse matter or substance or substances which by itself or in conjunction with any other substances is deleterious to public health, safety or comfort;
B. 
Any accumulation of stagnant or impure water;
C. 
Any accumulation of wastepaper, waste lumber or other building material, hay, grass, straw, weeds, trash, litter or rubbish of any character;
D. 
Any growth of Russian thistle, Canada thistle, Chinese thistle, white mustard, cocklebur, foxtail, or any other growth of noxious weed vegetation as specified by the State of Delaware Department of Agriculture, and all grass more than eight inches in height;
[Amended 12-7-2009 by Ord. No. 2009-001; 10-6-2014 by Ord. No. 2014-09]
E. 
Any brush, bushes, trees, limbs, shrubbery, flowers or other vegetation growth projecting over any sidewalk or street area, whether the same be growth for food, fuel, shade or ornamentation, provided that the branches or limbs of such growths may project over any sidewalk or street area at an elevation of not less than eight feet above the level of the sidewalk or street surface;
F. 
Any accumulation of earth, rock, stone or other debris on any sidewalk, parking space, street, public right-of-way, boardwalk, or unimproved lot that is not an active construction site or integral to an approved use; and
[Amended 10-6-2014 by Ord. No. 2014-09]
G. 
Any common growth of weeds, underbrush or other growth, trash, debris, tires, litter or rubbish capable of harboring obnoxious insects of any kind such as ticks, mosquitoes and flies, or any vermin-carrying animals or skunks.
[Amended 10-6-2014 by Ord. No. 2014-09]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
A. 
Whenever the Code Enforcement Officer or designee is aware of the existence of any nuisance, it shall be his/her duty to serve a written notice on the owner, occupant or person having control of any property whereon such nuisance exists to remove and abate such nuisance within a period of five days.
[Amended 10-6-2014 by Ord. No. 2014-09]
B. 
If the Code Enforcement Officer or designee is unable to serve the notice personally upon the owner, occupant, or person having control of the property upon which or adjoining to which such nuisance exists, the notice may be given by posting the same in some conspicuous place on the property.
[Amended 10-6-2014 by Ord. No. 2014-09]
C. 
Any person so notified who shall fail, neglect or refuse to remove or abate such nuisance within the time specified shall be deemed guilty of a violation of this chapter.
[Amended 10-6-2014 by Ord. No. 2014-09]
If any owner, occupant, or person having control of any property shall fail to remove or abate the nuisance within the time specified in the notice required in § 152-3, it shall be the duty of the Code Enforcement Officer or designee who served or posted the notice to file a copy thereof with the Council, together with his/her affidavit to the effect that such notice has been served or posted and setting forth with reasonable detail the nature of the nuisance with respect to which the notice was served or posted.
[Amended 10-6-2014 by Ord. No. 2014-09]
At the next regular monthly meeting of the Council after the receipt of a copy of the notice required by § 152-3 and the affidavit of the official serving such, if the Council, either upon their inspection or upon information obtained from the Code Enforcement Officer or designee, shall deem that such nuisance ought to be removed or abated, the Council may direct the Code Enforcement Officer or designee to use the appropriate legal remedy, as determined by the Council, including but not limited to the Town Administrator filing suit for a mandatory injunction, including reimbursement of attorney's fees and costs associated with said suit, or the Code Enforcement Officer or designee effectuating the removal of the nuisance in compliance with Town purchasing policies. Whenever the Code Enforcement Officer or designee has effectuated the removal of any nuisance pursuant to this chapter, the owner or occupier shall be charged a fee at the relevant rate for property maintenance as established in the currently effective Town of Milton Fee Schedule. That rate may be based upon both the actual and administrative costs. The Fee Schedule shall also set out an interest rate, with interest accruing from the date of removal. Such charge shall be due and payable by the owner or occupier within 30 days of the date of removal. The Town shall send notice and any invoices via regular mail to the owner or occupier.
[Amended 10-6-2014 by Ord. No. 2014-09; 6-4-2018 by Ord. No. 2018-002]
A. 
Any person violating any provision of this chapter shall be subject to such penalties and pay such fines as set forth in Chapter 1, Article II, General Penalty.
B. 
The application of any penalty set forth herein shall not be held to prevent the enforced removal of any prohibited condition or any other legal remedy deemed appropriate by the Council.