The Town Council of the Town of Bethany Beach
has determined that the conditions hereinafter enumerated and described
tend to interfere with the enjoyment of and reduce the value of private
property; create fire hazards; create an eyesore; provide a breeding
ground for rats, vermin and noxious insects; constitute an attractive
nuisance for children; lead to the accumulation of further junk and
garbage; and contribute to the deterioration of both residential and
nonresidential areas of the Town. The Town Council hereby declares
the same to be and constitute a public nuisance and declares it to
be the purpose of this Part 2 to promote the health, safety and welfare
of the citizens of the Town by prohibiting such nuisances.
No person shall cause, suffer, permit or maintain
the existence of any nuisance, as herein defined, upon any property
owned, occupied or controlled by that person or upon any sidewalk,
parking strip, boardwalk or street abutting the property occupied
or under his or her control where such nuisance was caused or created
by such person.
The following are declared to be common and
public nuisances and subject to abatement as provided in this Part
2:
A. Any accumulation of decomposed animal or vegetable
matter, garbage, tin cans, containers, ashes, offal, filth, waste
or other putrid or unwholesome refuse, matter or substance or substances
which, by itself or in conjunction with any other substance or substances,
is deleterious to public health, safety or comfort; provided, however,
that any properly maintained compost pile, occupying less than 50
square feet of ground area, located in the rear half of any lot and
not closer than 10 feet from the property line, shall be exempt from
this Part 2.
B. Any accumulation of wastepaper, waste lumber or other
waste building material, hay, grass, straw, trash, litter or rubbish
of any character.
C. Any brush, bushes, trees, limbs, shrubbery, flowers
or other vegetation growth projecting over any sidewalk or street
area, whether the same is 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 12 feet
above the level of the sidewalk or street surface.
D. Any accumulation of earth, rock, stone or other debris
on any sidewalk parking strip, street or boardwalk.
E. Any common growth of underbrush or other unattended growth in violation of Chapter
440, Brush and Grass (other than flowers, ornamental shrubs and bushes or trees), trash, debris, litter or rubbish capable of harboring obnoxious insects of any kind, such as ticks, mosquitoes or flies, or any vermin-carrying rodents or skunks, where the concentration of houses exceeds five houses on any one side of a block.
F. Any damaged, discarded, abandoned or unused appliance,
furniture, fixture, equipment, tires, dishes, utensils, glassware,
containers, propane tanks or other similar items of personality on
any private property not completely enclosed within a roofed building
or on any sidewalk, parking strip, street or boardwalk abutting such
property.
G. Any damaged, discarded or abandoned boat, boat trailer,
sailboard, jet ski or other means of aquatic conveyance that is inoperable,
dismantled, wrecked or from which major components have been removed,
is in such a state of disrepair as to be incapable of being used or
operated in the manner for which it was designed and is situated on
private property in such circumstances as to appear to have been abandoned.
H. If the owner of any premises fails or neglects to comply with the provisions of Chapter
530, Signs, it shall constitute a public nuisance, pursuant to the appropriate laws of the Bethany Beach Town Code.
[Added 9-21-2012 by Ord. No. 481]
After the receipt of the copy of the notice required by §
475-12 above and the affidavit of the official serving of such, the Town Manager shall conduct a hearing, if requested by the owner, owner's agent or occupant of the property in question, not later than 10 days after the request therefore is made, provided that for good cause the enforcement officer may postpone such hearing for a reasonable time. If, after a hearing, the Town Manager finds that no violation exists, he shall withdraw the notice. If the violation is substantiated, the owner or agent shall proceed immediately with the removal of the nuisance(s).
Upon the failure, neglect or refusal of any
owner, owner's agent or occupant so notified to properly comply with
this Part 2 within five business days after receipt of the written
notice or within five business days after the date of such notice,
in the event that the same is returned to the enforcement officer
because of his inability to make delivery thereof, and provided that
the same was properly addressed to the last known address of the owner
or agent, the enforcement officer is hereby authorized to cause such
nuisance to be abated and to cause the costs of such abatement to
be collected from the owner or occupant of the property in any manner
authorized by law.
[Amended 2-17-2006 by Ord. No. 407]
Any person, firm or corporation violating any of the provisions of this Part
2 shall, upon conviction, be subject to such fines as set out in Chapter
1, General Provisions, Article
I, Penalties. Each day that a violation of any of the provisions of this Part
2 continues shall be deemed and taken to be a separate and distinct violation.