Town of Milton, DE
Sussex County
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Table of Contents
Table of Contents
[HISTORY: Derived from Ch. 11, Art. 4, Div. 2, of the prior Code. Amendments noted where applicable.]
GENERAL REFERENCES
Housing standards — See Ch. 136.
Nuisances — See Ch. 152.
Streets and sidewalks — See Ch. 183.
[Amended 5-13-2013 by Ord. No. 2013-02; 9-9-2013 by Ord. No. 2013-04; 8-18-2014 by Ord. No. 2014-06]
No owner or occupant of any lot, place or area within the corporate limits of the Town, nor any agent of such owner or occupier, shall permit on such lot, place or area or upon any sidewalk abutting such lot any unregulated growth of weeds, grass or other vegetation specified in § 152-2. It shall also be unlawful for the owner or occupant of any property to permit grass clippings or debris to accumulate on the sidewalk or the street. When cutting the grass as part of yard maintenance, all grass clippings, weeds and debris shall be removed immediately upon completion from the sidewalk and street.
The Code Enforcement Officer or designee is authorized and directed to notify, in writing, by certified or registered mail with return receipt requested, by postage prepaid, the owner or occupier of any lot, place or area within the corporate limits of the Town or the agent of the owner or occupier to cut, destroy and remove any unregulated growth found growing, lying or located on such owner's or occupier's property or upon the sidewalk abutting the same.
The owner or occupier or agent of the owner or occupier of any lot, place or area having in any calendar year received notice, pursuant to the provisions of § 158-1, shall be deemed to have received notice for the remainder of the year, and no further notification shall be necessary for the Town to take any further corrective action on any subsequent violations for that calendar year. The Town may cut, destroy or remove all unregulated growth growing, lying or located on such owner's or occupier's property or upon the sidewalk abutting the same, and the cost of such cutting, destruction or removal shall be charged and collected in accordance with the provisions of this article.
Upon failure, neglect or refusal of any owner or occupier or the agent of such owner or occupier to cut, destroy and remove any unregulated growth growing, lying or located on such owner's or occupier's property or upon the sidewalk abutting the same within five days after receipt of such written notice or within 10 days of the mailing of such notice, in the event of the inability to make delivery thereof, the Code Enforcement Officer or designee is authorized to arrange for and issue a work order for the cutting, destroying or removal of such unregulated growth.
Whenever the Code Enforcement Officer or designee has effected the removal of any unregulated growth by Town employees or contractor, the owner or occupier shall be charged a fee at the relevant rate 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.