Whenever a violation of this chapter occurs,
any person may file a complaint in regard thereto. All such complaints
must be in writing and shall be filed with the Code Enforcement Officer,
who shall properly record such complaint and investigate the report
thereon in a timely manner.
A.
Whenever in the opinion of the Code Enforcement Officer,
after proper examination and inspection, there appears to exist a
condition that is a violation of any provision of this chapter, or
of any rule or regulation adopted pursuant thereto, the Code Enforcement
Officer shall serve a written or verbal notice of violation upon the
owner of the property in violation. After notification the condition
shall be considered a violation and shall be subject to appropriate
penalties and other remedies as provided for herein and under the
laws of the State of Delaware.
[Amended 2-5-2007 by Ord. No. 2007-0004; 1-9-2023 by Ord. No. 2022-008]
C.
In the event the violation is not remedied within
the time allowed, then the person notified of such violation shall
be subject to conviction for a violation as defined by the laws of
the State of Delaware punishable by a fine of not less than $100 nor
more than $350 or by sentence of imprisonment for a period of not
more than 15 days, or both, for a conviction of a first offense. Each
week that the violation continues shall constitute a separate offense.
For a conviction of a second offense, when both first and second offenses
were committed within a period of five years, the person notified
of such violation shall be punishable by a fine of not less than $350
nor more than $700 or imprisonment for a period not to exceed 15 days,
or both; and upon a third or subsequent offense, when all three offenses
were committed within a period of five years, the person notified
of such violation shall be punishable by a fine of not less than $700
nor more than $1,000 or imprisonment for a period not to exceed 15
days, or both.
[Amended 12-7-2009 by Ord. No. 2009-001; 1-9-2023 by Ord. No. 2022-008]
D.
In addition to the owner, the general agent, lessee
or tenant of the building, other structure or tract of land or any
part thereof or an architect, builder, contractor, or anyone who commits
or assists in any violation of any of the provisions of this chapter
shall be subject to the procedure and penalties imposed by this article.
A.
A violation of any of the provisions of this chapter
by any owner of land, builder or contractor shall constitute an offense
that may alternatively be punishable by the imposition of a civil
penalty, in the above amounts, that may be assessed and recoverable
against the violator in a small claims proceeding instituted by the
Town, pursuant to the laws of the State of Delaware. Each week that
the violation continues shall constitute a separate offense.
[Amended 1-9-2023 by Ord. No. 2022-008]
B.
In addition to the foregoing remedies, in the case
of any violation or threatened violation of any of the provisions
of this chapter, or conditions imposed by the Town Council or Planning
and Zoning Commission of the Town of Milton, in addition to other
remedies herein provided, the Town Council may institute any appropriate
action or proceeding in a court of competent jurisdiction to prevent
such unlawful erection, structural alteration, reconstruction, moving
and/or use, to restrain, correct, or abate such violation, to prevent
the occupancy of such building structure or land, or to prevent any
illegal act, conduct, business or use in or about such premises.
