[Adopted 2-24-1988 by Ord. No. 427]
[Amended 5-8-2002 by Ord. No. 2002-6]
It is the purpose of this article to have all
grass cut and maintained to a height of eight inches and to eliminate
noxious weeds and other vegetation except trees, ornamental flowers
and bushes in order to protect the public health, safety and general
welfare of the property owners and residents of the Town of Georgetown.
This article is declared to be remedial and
shall be construed to secure the beneficial intent and purposes thereof
which are to eliminate dangerous conditions detrimental to the public
good and to protect the public health, safety and general welfare
of the property owners and residents of the Town of Georgetown.
For the purpose of this article, the following
definitions shall be applicable unless the context clearly indicates
to the contrary:
Shall mean and include, but not be limited to, such weeds
as Johnson grass, Jimson grass, burdock, ragweed, thistle, cocklebur,
White Mustard and Foxtail.
Shall mean and include the duly appointed or designated Town
Manager of the Town of Georgetown, as well as such other person under
his or her supervision who is appointed by the Town Council to enforce
the provisions hereof.
[Added 9-11-1996 by Ord. No. 427]
[Amended 5-8-2002 by Ord. No. 2002-6]
It shall be unlawful for the owner of any property
or the tenant of any owner to permit or maintain the growth of any
grass more than eight inches in height anywhere in the Town of Georgetown,
and the growth of grass higher than eight inches is hereby declared
to be detrimental to the public health, safety and general welfare
of the property owners and residents of the Town of Georgetown and
a common and public nuisance.
It shall be unlawful for the owner of any property
or the tenant of any owner to permit or maintain the growth of noxious
weeds anywhere in the Town of Georgetown, and the growth of noxious
weeds anywhere in the Town of Georgetown is hereby declared to be
detrimental to the public health, safety and general welfare of the
property owners and residents of the Town of Georgetown and a common
and public nuisance.
It shall be unlawful for the owner of any property
or the tenant of any owner to plant, maintain or permit the growth
of the bush of the species of tall, common or European barberry, further
known as "Berberis Bulgaris," or its horticultural varieties anywhere
in the Town of Georgetown, and such growth is hereby declared to be
detrimental to the public health, safety and general welfare of the
property owners and residents of the Town of Georgetown and a common
and public nuisance.
[Added 1-14-2009 by Ord. No. 2008-23]
It shall be unlawful for the owner of any property
to permit any tree, bush or other vegetation to overhang any public
sidewalk, public street or right-of-way so that its branches obstruct
the light from any streetlamp, the view of any street location, the
visibility of traffic signs or the passage of pedestrians and vehicles.
Trees, bushes and other vegetation shall be trimmed to a clearance
height of 10 feet over sidewalks and 14 feet over streets. Said owner
shall also remove all dead, diseased or hazardous trees, or broken
or decayed limbs, that are detrimental to the public health, safety
and general welfare of the property owners and residents of the Town
of Georgetown and a common and public nuisance.
[Added 9-23-2009 by Ord. No. 2009-14]
It shall be unlawful for any person to knowingly cause grass
clippings or other debris or waste produced in conjunction with yard
maintenance or gardening onto the streets, alleys, and other public
roads of the Town of Georgetown. A homeowner is responsible to ensure
that any persons hired to cut his/her grass or maintain his/her yard
abide by this section. Any grass or waste which inadvertently is caused
to enter the streets or alleys of the Town shall be promptly removed;
there is no grace period within which to remove grass clippings, other
debris or waste.
[Added 5-25-2011 by Ord. No. 2011-10]
It shall be unlawful for the owner, lessee or tenant of any
premises abutting on any sidewalk or curb in the Town to permit such
sidewalk or curb to become covered with sand, leaves, or dirt or to
become unclean, or to permit grass, weeds or other vegetation to grow
on or extend over such sidewalk or curb, and any owner, lessee or
tenant of any premises abutting on any such sidewalk or curb in the
Town who shall fail or refuse to keep the same clean and free from
sand, leaves, or dirt, grass, weeds or other vegetation or who shall
permit such sidewalk or curb to become covered with dirt, sand, or
leaves or to become unclean, or shall permit weeds, grass or other
vegetation to grow on or extend over the sidewalk or curb shall be
subject to penalties as outlined in this article.
[Amended 5-8-2002 by Ord. No. 2002-6]
It shall be unlawful for the owner of any property
or the tenant of any owner to permit or maintain the growth of any
other vegetation more than eight inches in height except for trees,
flowers or other ornamental plants, and such growth is hereby declared
to be detrimental to the public health, safety and general welfare
of the property owners and residents of the Town of Georgetown and
a common and public nuisance.
The Town Manager of the Town of Georgetown,
upon complaint from two or more residents of the Town of Georgetown,
or upon his or her own observation, shall investigate to determine
whether there is a growth of grass, noxious weeds or other vegetation
on property located within the corporate limits of the Town of Georgetown
in violation of the provisions of this article.
If the Town Manager, following his or her investigation,
determines that there is growth of grass, noxious weeds or other vegetation
on property located within the corporate limits of the Town of Georgetown
in violation of the provisions of this article, the Town Manager shall
notify the property owner or tenant at his or her last known address,
in writing, by certified mail with return receipt requested, postage
prepaid, to have said growth of grass, noxious weeds or other vegetation
being maintained on said property in violation of this article cut
or otherwise remedied within five days from the date of delivery of
the written notice, as aforesaid.
Upon the failure of the property owner or tenant
to have said growth of grass, noxious weeds or other vegetation being
maintained in violation of the provisions of this article cut or otherwise
remedied within the time specified as aforesaid, the Town Manager
may proceed to cause said growth of grass, noxious weeds or other
vegetation being maintained in violation of this article cut or otherwise
remedied at the expense of the owner of said property and, when completed,
a bill for the cost thereby incurred as determined by the Town Council
in the name of the Town of Georgetown shall, as soon as convenient
thereafter, be presented by certified mail with return receipt requested
and postage prepaid to the owner of said property or the tenant of
said owner.
If the bill so presented by the Town Manager
on behalf of the Town of Georgetown shall not be paid within 30 days
following delivery thereof by certified mail with return requested
and postage prepaid, the Town Manager of the Town of Georgetown may
institute an action in the corporate name in any court of competent
jurisdiction in the State of Delaware for the collection of the debt
to collect the same in a manner now or hereafter provided for the
collection of judgments in the State of Delaware or he or she may
be proceed by any other method provided in the Charter of the Town
of Georgetown for the collection of debts due the Town of Georgetown.
The owner of any property within the Town of
Georgetown or the tenant of said owner having in any one year received
notice pursuant to the pursuant to the provisions of this article
shall be deemed to have received notice for the remainder of the year
that on the first day of each month commencing May 1 through October
31, both dates inclusive, the Town may, without further notice, cut,
destroy and remove at the expense of the owner of said property any
growth being maintained on said property in violation of the provisions
of this article.
[Amended 10-28-2015 by Ord. No. 2015-16]
In addition to any other remedy provided for in this article and because the purpose of this article is to safeguard and protect the public health, safety and general welfare of the property owners and residents of the Town of Georgetown, the Town Manager is hereby authorized to bring an action in a court of competent jurisdiction to enjoin any violation of the provisions of §§ 165-4, 165-5, 165-6 or 165-7 of this article.
