[HISTORY: Adopted by the Town Council of
the Town of Bethany Beach 3-16-1979 by Ord. No. 82 (Ch. 76 of the 1992 Code).
Amendments noted where applicable.]
[Amended 5-18-1990 by Ord. No. 247; 4-19-1996 by Ord. No.
299]
No owner or occupier of any lot, place or area
within the corporation limits of the Town nor any agent of such owner
or occupier shall permit upon such lot, place or area or upon any
sidewalk abutting such lot any unregulated growth of grass or other
vegetation in excess of eight inches.
[Amended 2-21-2020 by Ord. No. 547]
The Town Manager 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 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.
[Amended 4-18-1997 by Ord. No. 314; 2-21-2020 by Ord. No. 547]
The owner or occupier or the agent of the owner
or occupier of any lot, place or area having in any calendar year
received notice pursuant to the provisions of § 440- 2 shall
be deemed to have received notice for the remainder of the year that
on the first day of each month, thereafter, the Town may, without
further notice, cut and remove all unregulated growth lying or located
on such owner's or occupier's property or upon the sidewalk abutting
the same and that the cost of such removal shall be charged and collected
in accordance with the provisions of this chapter.
[Amended 4-18-1997 by Ord. No. 314; 2-21-2020 by Ord. No. 547]
Upon the failure, neglect or refusal of any
owner or occupier or the agent of such owner or occupier to cut 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 that the notice is returned
to the post office located in the Town due to the inability to make
delivery thereof, the Town Manager is authorized to pay for the cutting
and/or removal of such unregulated growth pursuant to the provisions
of this chapter.
[Amended 9-18-1992 by Ord. No. 279; 4-18-1997 by Ord. No.
314; 1-15-1999 by Ord. No. 333]
Whenever the Town Manager has effected the removal
of any unregulated growth or has paid for its removal pursuant to
the provisions of this chapter, a charge in such amount as set forth
in the Town's Schedule of Fees, for each cutting required shall be
billed to the owner or occupier or the agent of such owner or occupier
upon the completion of the work. If not paid by the owner or occupier
or the agent of the owner or occupier, this amount shall be charged
to the owner of such property on the next regular tax bill by the
Town. Such charge shall be due and payable by the owner at the time
of payment of such tax bill. Nothing in this chapter shall be construed
to limit any other remedy the Town may have to impose a lien against
the subject property or to collect any amounts due hereunder.
