For the purpose of this chapter and unless otherwise expressly stated,
the following words, phrases and their derivatives shall have the meanings
set forth in this section; where terms are not defined under the provisions
of this chapter or under the provisions of any building, fire, safety, health,
plumbing or electrical code or ordinance enforceable in Kent County, such
terms shall have ascribed to them their ordinarily accepted meanings in the
context utilized.
DWELLING
When used in this chapter without other qualifications, a structure
occupied exclusively for residential purpose.
EGRESS
An exit or a place or a means to leave a dwelling unit by continuous,
unobstructed travel.
ENFORCEMENT OFFICER
The Health Officer for Kent County or any person appointed or authorized
by the Health Officer for Kent County to exercise, under the enforcement officer's
supervision, any or all of the responsibilities charged to the enforcement
officer by the provisions of this chapter.
GARBAGE
Animal and vegetable waste resulting from the handling, preparation,
cooking and consumption of foods, exclusive of recognized industrial by-products
from canneries and other food-processing industries and human or animal feces.
OWNER
A person, firm, corporation or partnership, including a duly authorized
agent or attorney, a purchaser, devisee or fiduciary having a legal or equitable
interest in the property in question.
PERSON
A natural person, his heirs, executors, administrators or assigns,
and also includes a firm, partnership or corporation, its or their successors
or assigns or the agent of any of the aforesaid.
PREMISES
A lot, plot or parcel of land, including the structures, dwellings
and dwelling units thereon.
REASONABLE TIME
A determined period of time, not to exceed one hundred twenty (120)
days.
REMOVE
Taking away and off the premises, including the backfill of all excavations
and openings in the earth as the result of demolition.
REPAIR
The replacement of existing work for the purpose of its maintenance.
REQUIRED
Made mandatory by the provision of this chapter.
RUBBISH
All solid waste other than garbage.
STRUCTURE
Anything which is built or constructed and which is fastened, anchored
or rests upon the ground.
It is the purpose of this chapter and regulations passed pursuant thereto
to secure and protect the general public from premises conditions found to
be dangerous or detrimental to human life, limb, health, property or safety.
Except as to emergency circumstances, this chapter shall be enforced
only after violations have first been brought to the attention of the owner
by the issuance of a warning notice and a reasonable time and full opportunity
for voluntary compliance has been afforded to the owner.
The enforcement officer shall make such inspections as are necessary
to determine the existence of a public nuisance. He shall maintain a record
of every such inspection.
Whenever the enforcement officer shall issue a warning notice or a notice
to vacate and to repair or remove, he shall give such notice to the owner
of record or agent and to the person in control of the premises by return
receipt requested or certified mail or by personal service through the Sheriff
of Kent County or through other legally accepted means. Service on nonresidents
and persons who cannot be found in the county shall be made by sending a copy
of such notice to the owner of record by registered or certified mail to such
owner's last known address, by publishing such notice twice in a newspaper
of general circulation in the county and by posting such notice on the property
concerned in a conspicuous manner. Effective service shall be deemed to have
been made on the last day to occur of such mailing, publication and posting.
In the event that the owner of record fails to comply with a notice
to vacate and to repair or remove within sixty (60) days of the effective
service of the notice, or in the event that the premises has been posted as
unsafe and there exists an emergency circumstance which presents an imminent
or immediate threat of danger to human life or limb, health, property or public
safety, the enforcement officer may enter the premises concerned and cause
the same to be repaired or removed and any dangerous conditions to be remedied,
as the case may be, at the expense of the owner of record.
If the owner of record fails to repay the county for expenses incurred under §
122-12 within thirty (30) days after written demand has been mailed to such owner's last known address, the enforcement officer shall notify the County Treasurer, and such expenses shall be charged to the property, shall constitute a lien thereon, shall be entered on the tax records kept by the County Treasurer and shall be collectible as are taxes in arrears under the provisions of §
152-3 of the Kent County Code.
In case any notice as provided in §§
122-9 and
122-10 is not promptly complied with, the enforcement officer may institute an appropriate action in a court of competent jurisdiction:
A. To restrain, correct or remove the violation;
B. To prevent the trespass, occupation or use of the structure
in violation of, or not in compliance with, the provisions of this chapter;
C. To order the payment of the civil penalty authorized
by this chapter; or
D. To order such relief as shall be just or equitable to
secure and protect the general public from premises conditions found to be
dangerous or detrimental to human life, limb, health, property or safety.
Upon effective service of a notice to vacate and to repair or remove,
any person may appeal such notice within thirty (30) days of the date thereof
to any court of competent jurisdiction. Such appeal shall stay neither abatement
by the county nor the requirement to vacate the premises and to refrain from
trespassing thereupon except for the purpose of making the required repairs
or of removing the public nuisance, unless a stay shall be granted by the
court to which such appeal has been made or by the enforcement officer.
Any person who shall violate any provision of this chapter shall, upon
conviction thereof, be guilty of a civil infraction, subject to a civil penalty
of not less than one hundred dollars ($100.) nor more than five hundred dollars
($500.) at the discretion of the court, with repeat offenses punishable by
a fine of one thousand dollars ($1,000.). Each day that a violation continues
after due notice of the penalty has been effectively served shall be deemed
a separate offense.