Town of Ocean View, DE
Sussex County
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Table of Contents
Table of Contents
There shall be a Town Manager appointed by a majority vote of all members of Council. He or she shall serve at the pleasure of the Council and the Council shall determine the compensation. The Town Manager may be removed by a majority vote of all members of Council, but that removal shall not become effective until at least thirty (30) days after written notice of removal is issued. The Council shall appoint or designate an acting Town Manager if the Town Manager's position is vacant or if the Town Manager is unable to serve.
The Town Manager shall have the authority to and shall be required to:
Be the chief administrative officer of the Town, see that governing laws, regulations, and ordinances are faithfully executed and enforced.
Be the head of the administrative branch of the Town Government.
Appoint and remove all subordinate officers and employees of the Town in accordance with the rules and regulations of any merit system adopted by the Town.
Make an annual report and other reports to the Council and to the public from time to time on the condition of municipal affairs.
Make recommendations to the Council for the public good and welfare of the Town.
Arrange for the taking of minutes of all Council meetings and keeping a full and accurate account of the proceedings of the Council.
Sign contracts, bonds, or other instruments that require the assent of the Town.
Do such other things as the Council may require, or as may be required elsewhere in the Charter, by State law, or by ordinance.
There may be a Chief Financial Officer appointed by the Council who shall report to the Town Manager. He or she shall serve at the pleasure of the Council and the Council shall determine the compensation. The Chief Financial Officer may be removed by a majority vote of all members of the Council, but that removal shall not become effective until at least thirty (30) days after written notice of removal is issued. The Council shall appoint or designate an acting Chief Financial Officer if the position is vacant. The Council may designate the Town Manager to be the Chief Financial Officer.
The Chief Financial Officer shall have the following powers and duties:
Prepare an annual budget to be submitted to the Council.
Supervise and be responsible for the disbursement of all monies and have control over all expenditures to assure budget appropriations are not exceeded.
Maintain a general accounting system for the Town in the form required by the Council but not contrary to State Law.
Submit at the end of each fiscal year and at such other times as the Council may require, a complete financial report to the Council.
Ascertain all taxable property within the Town is assessed for taxation.
Collect all taxes, special assessments, license fees, liens and all other revenues including utility revenues of the Town and all other revenues for whose collection the Town is responsible, and receive any funds receivable by the Town.
Have custody of all public monies, belonging to or under control of the Town, except for funds in the control of any set of trustees, and have custody of all bonds and notes of the Town.
There shall be a Town Clerk appointed by the Town Manager, which shall serve at the pleasure of the Town Manager. In addition to other duties proscribed by law, the Town Clerk may also act as an executive assistant to the Town Manager. The Town Council shall determine the compensation of the Town Clerk. The Town Manager may appoint or designate an acting Town Clerk if the Town Clerk's position is vacant or if the Town Clerk is unable to serve.
The Town Clerk shall not be a member of the Council. The Town Clerk, or a substitute person designated by the Town Manager to perform the Town Clerk's duties, shall attend all meetings of the Town Council, and shall, at the direction of the Town Manager, record all the proceedings thereof and shall prepare and maintain the minutes of meetings. The Town Clerk shall attest the Seal of the Town when authorized by the Council and shall perform such duties and have such other powers as may be prescribed by the Council or by ordinance.
The Town Manager and the Chief Financial Officer shall provide a bond with such corporate surety and in such amount as the Council by ordinance may require.
The Mayor shall be elected as provided in this Charter and shall hold office for a term of three (3) years or until his or her successor is elected and sworn in office except as provided in Section 2.515. The newly elected Mayor shall take office on the fourth Tuesday in April following an election. No Mayor may serve for more than two (2) consecutive terms beginning with the April election following the adoption of this Charter. A one (1) term lapse must occur before seeking re-election to office after two (2) consecutive terms.
The Mayor shall be at least eighteen (18) years of age; shall have resided in the Town for at least two (2) years immediately preceding the date of election and shall be a qualified registered voter (as defined by this Charter) to the Town of Ocean View. The Mayor shall maintain a permanent residence in the Town during his or her term of office.
The Mayor shall receive an annual compensation, which shall be established by ordinance. The Mayor's compensation shall not be increased during the term for which he or she was elected, except as provided below.
The Mayor's compensation shall be increased each year based on the Consumer Price Index (CPI) published by the U.S. Department of Labor. The CPI for January of each year shall be compared to the CPI for the previous December and the relative percentage increase shall be calculated. The compensation increment shall be one hundred percent (100%) of the relative percentage increase. No decrease in the prior year's compensation shall be allowed, so if there is no CPI increase, the prior year's compensation shall continue in effect until the following December. The effective date of the increase will be the first (1st) of January.
The Mayor shall be recognized as the head of the Town government for all ceremonial purposes, by the courts for serving civil processes, and by the governor for the purpose of military and emergency law. The Mayor shall have such other powers and perform such other duties as may be prescribed in this Charter or required of him by the Council, if not inconsistent with this Charter.
The Mayor may be removed from office after a public hearing by a four-fifths (4/5ths) vote of all members of Council only if the Council finds that the Mayor: (a) lacks, at any time during his/her term of office, any qualification for his/her office prescribed by this Charter or by law; Charter or (b) is convicted of a felony or any crime involving moral turpitude.
All legislative powers of the Town shall be vested in a Council consisting of a Mayor and four (4) Council Members. Such members shall be elected as provided in this Charter and shall hold office for a term of three (3) years or until Council Members elected to succeed them are sworn into office. Except as provided in Section 2.515, newly elected Council Members shall take office on the fourth Tuesday of April following an election. No Council Member may serve for more than two (2) consecutive terms beginning with the April election following the adoption of this Charter. A one (1) term lapse must occur before seeking re-election to office after two (2) consecutive terms.
Each Council Member shall be at least eighteen (18) years of age; shall have resided in the Town for at least one (1) year immediately preceding the date of election; and shall be a qualified registered voter (as defined by this Charter) in the Town of Ocean View. Each Council Member shall be a resident of the Council district that the candidate seeks to represent at the time of filing for candidacy and during the full term of office.
The Council Members shall receive an annual compensation, which shall be established by ordinance. Council Members' compensation shall not be increased during the term for which they are elected except as provided below.
The compensation shall be increased each year based on the Consumer Price Index (CPI) published by the U.S. Department of Labor. The CPI for December of each year shall be compared to the CPI for the previous December and the relative percentage increase shall be calculated. The compensation shall be 100% of the relative percentage increase. No decrease in prior year's compensation shall be allowed so, if there is no CPI increase, the prior year's compensation shall continue in effect until the following January. The effective date of the increase will be the first of January.
The Council shall have an organizational meeting on the fourth Tuesday following the election. At that meeting, the Council shall establish regular meeting dates and times. Regular meetings shall not be less frequent than one (1) each month. A notice shall be published at least once in a newspaper of general circulation in the Town stating the date, time and place of regular meetings and shall otherwise comply with the requirements of the Delaware Freedom of Information Act (Title 29, Chapter 100 of the Delaware Code as amended). Special meetings shall be called by the Town Manager upon the request of the Mayor or a majority of the members of the Council. Except as provided otherwise in the Charter and/or by State law, all meetings shall be open to the public. The Council shall determine its own rules and order of business. The rules of the Council shall provide a reasonable opportunity for Town residents to address the Council at regular and special meetings of the Council. It shall keep minutes of its proceedings, including a record of votes on final action or any questions or ordinance and any other actions if requested by any one (1) member. The minutes shall be open to the public during normal business hours at Melson Administrative and Public Safety Building.
The Council may meet in executive session or adjourn an open session to an executive session for the purposes as may be provided for by State law and/or by ordinance.
The Council shall be the judge of the election and of the qualifications contained in Sections 2.202 and 2.302 of its members. Any member of Council may be removed from office after a public hearing by a 4/5ths majority vote of all members of Council only if the Council finds that a Council Member: (a) lacks, at any time during his/her term of office, any qualification for his/her office prescribed by this Charter or by law; Charter or (b) is convicted of a felony or any crime involving moral turpitude.
The Mayor shall serve as the presiding officer of the Council. The Mayor may take part in all discussions and may vote on all matters coming before the Council. At the first Council meeting following an election, the Council shall elect a Mayor Pro Tem to serve as the presiding officer in the absence of the Mayor. The term of the Mayor Pro Tem shall be until the next regular Town election. In the event of the resignation of the Mayor Pro Tem or if the Mayor Pro Tem becomes Mayor as provided for in Section 2.515 of this Charter, the Council shall elect a new Mayor Pro Tem at its next Council meeting to serve the balance of the term.
A majority of all members elected to the Council shall constitute a quorum for the transaction of business but no ordinance shall be approved without the favorable recorded votes of a majority of all members of Council.
Vacancies on the Council shall be filled as provided in Section 2.515 of this Charter.
(A) 
Introduction and Required Readings.
Introduction. Every proposed ordinance shall be introduced in writing in a form to be prescribed by the Town Council. Each such ordinance, except the annual budget ordinance and general modifications and revisions of ordinances, shall contain not more than one (1) subject, which shall be clearly and adequately expressed in its title. This process shall not apply to zoning ordinances.
Readings. Upon the introduction of a proposed ordinance, it shall be read at two (2) consecutive regular meetings of the Town Council. Each such reading at a regular Town Council meeting shall be a public hearing on the proposed ordinance. Readings by title only shall be sufficient. No proposed ordinance may be acted upon until the completion of the foregoing.
No ordinance shall be passed at a meeting at which it is introduced. At any regular or special Council meeting held not less than fourteen (14) or more than sixty (60) days after the meeting at which an ordinance was introduced, it shall be passed as amended, rejected or its consideration defined to some specific future date. In cases of emergency affecting life, health, property or the public good, the waiting period requirement may be suspended by unanimous vote of the members of the Council who are present.
Except as set forth in Sections 3.115(A) 1 and 4.102(C), every ordinance shall become effective following its passage.
(B) 
The Town Council may upon a four-fifths (4/5ths) vote of all members of Council provide an emergency ordinance to take effect upon passage. A summary of every ordinance excepting emergency ordinances shall be published at least once prior to the date of passage in a newspaper having general circulation in the Town. A summary of every ordinance including emergency ordinances shall be published at least once within ten (10) days after passage in a newspaper having general circulation in the Town.
The budget ordinance will be enacted as stated in Section 3.104 of this Charter.
The Council may enact all ordinances necessary to carry out the powers granted in this Charter. All powers of the Town shall be exercised in a manner prescribed by this Charter or, if the manner is not prescribed, in said manner as may be prescribed by ordinance.
To ensure compliance with the ordinances of the Town, the Council shall have the power to affix penalties for the breach of an ordinance. The Council may provide that a judgment or conviction for an offense shall not bar a subsequent enforcement procedure for a continuation of the same offense.
All public records shall be filed by the Town Manager and shall be kept available for public inspection during normal business hours in accordance with State law and the retention schedule established by the Town Manager.
(A) 
General Powers. The government of the Town of Ocean View, as established herein, shall assume and have all powers which, under the Constitution of the State, it would be competent for the General Assembly to grant by specific enumeration, and which are not denied by statute. This grant of powers includes the power to adopt ordinances for the protection and preservation of town property, rights and privileges; for the preservation of peace and good order; for securing protection and promotion of health, safety, comfort, convenience, welfare and happiness of the residents of the Town.
(B) 
Construction. The powers of the Town of Ocean View shall be construed liberally in favor of the Town, and specific mention of particular powers shall not be construed as limiting in any way the general powers stated in this section.
(C) 
Intergovernmental relations. The Town of Ocean View may exercise any of its powers or perform any of its functions and may participate in the exercise thereof, jointly or in cooperation, by contract or otherwise, with any one (1) or more municipalities, County or the State, or the agencies thereof of the United States or any agency thereof.
(D) 
Exercise of Powers. All powers of the government of the Town of Ocean View shall be carried into execution as provided by the Charter or by other law of this State or as provided for by ordinance of the Town government of Ocean View.
(E) 
Specific Powers. These specific powers include but are not limited to:
Advertising: to provide for advertising for Town purposes and for printing and publishing statements having to do with the business of the Town.
Amusements: to provide in the interest of the public welfare for licensing, regulating or restraining public amusements.
Animals: to regulate the keeping of animals, domestic or otherwise, and to provide for the licensing and taxing of them; to provide for disposition of homeless animals on which no license fee or taxes are paid, of vicious animals and of impounded, unclaimed animals.
Appropriations: to appropriate municipal funds for any lawful purpose.
Audits: to provide for the appointment of a Certified Public Accounting Firm to audit the books and accounts of all Town officers collecting, handling, or disbursing funds belonging to the Town.
Billboards: to license, tax and regulate, restrain or prohibit the erection or maintenance of billboards within the Town and placing of signs, bills and posters of every kind and description on any fence, post, billboard, pole or other place within the Town.
Bonds: to issue bonds for public works projects, for capital projects, and for litigation or appeal purposes as may be required from time to time.
Building Regulations: to make reasonable regulations concerning buildings and signs to be erected within the limits of the Town, formulating a building code and requirements for building permits.
Cemeteries: to regulate or prohibit the internment of human bodies within the Town and to regulate cemeteries.
Codification of Ordinances: to provide for the codification of all ordinances.
Community Service: to provide, maintain, and operate selected community and social services for the preservation and promotion of the health, recreation, welfare and enlightenment of Town residents.
Cooperative Activities: to make agreements with other municipalities, counties, districts, bureaus, agencies, commissions and governmental authorities for the joint performance of, or for cooperation in, the performance of any governmental functions.
Curfew: to prohibit the youth from being on the streets and public places at unreasonable hours of the night.
Dangerous Improvements: to compel persons about to undertake dangerous improvements to execute bonds with sufficient sureties, conditional that the owner or contractor will pay all damages resulting from such work which may be sustained by any persons or property.
Delegate: unless otherwise prohibited by law, delegate certain Town functions to third parties.
Departments: to create, change and abolish offices, departments or agencies other than offices, departments or agencies established by this Charter. These shall not include the power to discontinue or assign to any other office, department or agency any functions or duties assigned by this Charter to a particular office, department or agency.
Elevators: to require the inspection and licensing of elevators and to prohibit their use when unsafe or dangerous, or without a license.
Environmental Control: to regulate the use of the environment.
Explosives, Combustibles and other Weapons: to control the use and handling of dangerous and explosive materials and to prevent the firing of any firearms or other explosive instruments within the Town limits.
Finances: to levy, assess and collect taxes; to expend municipal funds for public purposes and to have general management and control of the finances of the Town.
Fire: to prevent and suppress fires and to establish and maintain fire department protection.
Food: to inspect and, if deemed unsafe, to require the condemnation of, and regulate the sale of, any food products.
Franchises: to grant and regulate franchises as provided by State law; to grant one (1) or more franchises for a community antenna system or other cable television system or telecommunication system that utilizes any public right-of-way, highway, street, road, land, alley or bridge; to grant any other franchises which may be deemed advantageous and beneficial to the Town; to impose franchise fees and to establish rates, rules and regulations for franchises granted under this Section. No franchise shall be granted for a period longer than fifty (50) years.
Garbage and Trash: to prevent the deposit of any unwholesome substance whether on private or public property and to compel its removal to designated points; to require dirt, garbage, trash, liquids, ashes, and other wastes or unwholesome materials be removed to designated points and to provide for the proper disposal of such material or require the occupants of the premises to place them conveniently for removal.
Grants-In-Aid: to accept gifts and grants of funds from Federal, State and County governments or their agencies or any bi-county agency; to expend the funds for any lawful purpose, according to the conditions under which the gifts or grants were made and to expend money necessary to the applications and qualifications of such grants.
Hawkers: to license, tax, regulate, suppress and prohibit hawkers and itinerant dealers, peddlers, pawnbrokers, and all other persons selling any articles on the streets of the Town and to revoke such licenses for any action or threat of action by a licensee in the course of his or her occupation which causes or threatens harm or injury to inhabitants of the Town or to their welfare.
Health: to protect and preserve the health of the Town and its inhabitants; to appoint a public health officer and to define and regulate his or her powers and duties; to prevent the introduction of contagious diseases to the Town; to establish quarantine regulations; to authorize the removal and confinement of persons having contagious or infectious diseases; to prevent and remove all nuisances and to inspect, regulate and abate any buildings, structures or places which cause or may cause unsanitary conditions or conditions detrimental to health.
Inspections: to authorize and require inspection of gas pipes, water pipes, plumbing apparatus, electric lines and wires, and any other utility, carrier or device, and drainage and sewage systems on private property, and to compel repairs if needed.
Licenses and Permits: to exercise the licensing authority granted in the business regulations article of the State code and other provisions of law, subject to the limitations of all State codes; to establish and collect reasonable fees and charges for all franchises, licenses or permits issued by the Town or associated with the exercise by the Town of any governmental or proprietary function.
Liens: to provide that any valid charges, taxes or assessments made against any real property by the Town, within the Town, shall be liens upon the property to be collected as municipal taxes are collected.
Lights: to provide for the lighting of the Town and to regulate private lighting to prevent it from becoming a nuisance or disturbing the privacy of other citizens.
Minor Privileges: to regulate or prevent the use of public ways, sidewalks and public places for signs, awnings, posts, railings, entrances, rocks, posted handbills and advertisements and display of goods, wares and merchandise.
Noise: to establish rules and regulations for the abatement of noise.
Nuisances: to prevent or abate by appropriate ordinance all nuisances in the Town which are so defined by common law, this Charter or by the laws of the State of Delaware, whether or not they are specifically listed in this Charter.
Obstructions: to remove all nuisances and obstructions from streets, lanes, alleys, and adjoining lots, or other places within the Town limits.
Parking Facilities: to license and regulate and to establish, obtain by purchase or lease or by rent, own, construct, operate and maintain lots for off street parking.
Parking Meters: to install parking meters on the streets and public places of the Town in such places as the Parks and Recreation: to establish and maintain public parks, gardens, playgrounds and other recreational facilities and programs to promote the health, welfare and enjoyment of Town residents.
Police: to establish and maintain adequate police protection.
Provide for the purchase of materials, supplies and equipment through the State of Delaware agencies whenever desirable.
Regulations: to adopt by ordinance, and enforce within the corporate Town limits, police, health, sanitary, fire, building, plumbing, traffic, speed, parking and other similar regulations not in conflict with the laws of the State of Delaware or this Charter.
Seal: to make, have, use, and from time to time, alter a common seal.
Special Elections: to provide for special elections for municipal purposes, at such times and places as may be determined, subject to the provisions of this Charter.
Zoning: to exercise planning and zoning powers conferred upon municipal corporations generally or to the Town specifically.
Saving Clause. The enumeration of powers in this section shall not be construed as limiting the powers of the Town to the subjects mentioned.
The Town Council shall appoint an attorney who shall have the title of Town Solicitor. The Town Solicitor shall serve at the pleasure of the Town Council and shall be licensed to practice law in the State of Delaware. It shall be the duty of the Town Solicitor to give legal advice to the Council and Town Officers and to perform such other services as may be required by the Council.
Every person who is a citizen of the United States; is at least eighteen (18) years of age; has resided within the corporate limits of the Town for at least six (6) months prior to the next Town election; and is registered in accordance with the provisions of this Charter, shall be a qualified voter of the Town. Every qualified voter of the Town shall be entitled to vote in any or all Town elections.
(A) 
The Town of Ocean View is divided into four (4) geographic election districts for Town Council. The Council shall establish by ordinance the geographical area of the Council districts. The position of Mayor shall be elected at large.
(B) 
1. 
The Council will reevaluate and reestablish the boundaries of the Council districts, if necessary, to achieve substantial equality of representation as soon as practicable following the publication of each decennial census of the population of the United States.
2. 
Any ordinance enacted by the Town of Ocean View for purposes of establishing the Council districts shall be effective forty-five (45) calendar days after enactment provided that said ordinance is not petitioned to referendum pursuant to paragraph C herein.
(C) 
1. 
Any ordinance relating to election districts shall be subject to referendum where a proper petition signed by thirty three percent (33%) of the eligible voters within the Town is filed with the Town Clerk within thirty (30) calendar days of the date of adoption of the ordinance.
2. 
If a proper referendum petition is filed, the Town Council, by ordinance, shall set the time and date for submission of the petition to the voters of the Town. The Board of Elections shall conduct the referendum election in the same manner as regular Town elections.
(D) 
The Council shall assign any geographical areas annexed into the corporate limits of the Town of Ocean View to the appropriate election district.
There shall be a Board of Elections, consisting of five (5) members and three (3) alternates, who shall be appointed by the Council at the first meeting in the month of May. The alternates shall be bound by all the applicable provisions of this Charter and shall attend all meetings of the Board and, if a member of the Board is absent or incapacitated for any reason, shall serve in that member's place until the absence or incapacity has ceased, having all the powers and authority, including the right to vote, and being subject to the duties imposed on a member of the Board. The terms of members of the Board of Elections and alternates shall begin in May of the year they are appointed, and shall expire in May three (3) years following their appointment, but not until their successors have been appointed. Members of the Board of Elections and alternates shall be qualified voters of the Town and shall not hold or be candidates for any elective office during their term of office. The Board shall appoint one (1) of its members as Chairperson. Should a vacancy or vacancies occur on the Board of Elections, the Council shall fill the unexpired term(s). The Council shall determine the compensation of the members of the Board and alternates. In addition to the qualifications set forth in this Charter, each member of the Board of Elections shall satisfy the requirements for office as set forth in Title 15 of the Delaware Code.
The Council may remove any members of the Board of Elections for good cause. Before removal, the member of the Board of Elections to be removed shall be given a written copy of charges against him or her, and shall have a public hearing on the charges before the Council if he or she so requests within ten (10) days after receiving the written copy of the charges against him or her.
The Board of Elections shall be in charge of the registration of voters, nominations and all Town elections. The Board may appoint election clerks or other employees to assist it in any of its duties, which may be employees of the Town.
The Board of Elections shall give at least twenty (20) days notice, or in a timely manner as required by other sections of this Charter or Title 15 of the Delaware Code, of every election by an advertisement published in at least one (1) newspaper of general circulation in the Town, and posting a notice thereof in public places in the Town.
The Town Council shall provide by ordinance for the registration of all eligible voters, and the establishment and maintenance of voters' registration lists, including the procedures to be used for the removal of any name from the voter list.
If any person shall feel aggrieved by the action of the Board of Elections in refusing to register, or in striking off the name of any person, or by any other action, such person may appeal pursuant to applicable procedures set forth in Title 15 of the Delaware Code.
Persons may be nominated for Town Council in the Town of Ocean View by the filing of a Certification of Intent and by the payment of a Fifty Dollar ($50) filing fee with the Board of Elections at least thirty (30) days prior to the date of election and for Mayor at least forty-five (45) days prior to the date of election and by observance of such other requirements as may be imposed by the Council by ordinance. The Town Manager shall cause a Notice of Solicitation of Candidates to be conspicuously posted at least twenty (20) days in advance of the nomination date for Mayor or Town Council. The Certificate of Intent shall contain the following: the office which the candidate is seeking; the name and signature of the candidate; the election district in which the candidate resides. No person shall file for nomination for more than one (1) elective office or hold more than one (1) elective public office at any one (1) time.
All municipal elections in the Town of Ocean View shall be conducted on a non-partisan basis and no ballot shall carry any party affiliation. It shall be the Board of Elections responsibility to provide for each special and general election in a suitable place or places for voting and suitable voting machines. The voting machines shall show the name of each candidate nominated for elective office in accordance with the provision of the Charter. The Board shall keep the polls open to a time required by the Council. An election shall be held in the Town of Ocean View for Town Council on the second Saturday of April. Hours for the length of poll openings shall be set by the Town Council and announced in all advertisements required by this Charter.
Any qualified voter may cast an absentee ballot if he or she qualifies and meets the conditions to submit an absentee ballot under Title 15 of the Delaware Code. Requests for absentee ballots must be completed and returned to the Melson Administrative and Public Safety Building by 12:00 Noon on the day prior to the election.
The Board of Elections shall conduct all special Town elections in the same manner and with the same personnel as far as practicable as regular Town elections.
After the closing of the polls, the Board of Elections shall determine the vote cast for each candidate or issue and shall certify the results of the elections to the Town Manager for each candidate or issue. The Town Manager shall cause the results to be recorded in the minutes of the Council.
All non-electronic ballots and records used in any Town election shall be preserved for at least six (6) months from the date of election.
(A) 
In case of a vacancy in the office of Mayor for any reason:
1. 
If the vacancy occurs less than one (1) year prior to the next election, the Mayor Pro Tem shall become Mayor until the next regular election and the vacancy in the Council created thereby shall be filled as provided hereinafter.
2. 
If the vacancy occurs more than one (1) year prior to the next election, the Council shall by ordinance, call a special election to be held not less than sixty (60) nor more than ninety (90) days following the occurrence or vacancy. The Mayor Pro Tem shall act as Mayor until the special election. The person elected at the special election shall serve as Mayor until the next regular election.
(B) 
In case of a vacancy on the Council for any reason:
1. 
If the vacancy occurs less than one (1) year prior to the next regular election, the Council shall appoint some person qualified in accordance with this Charter and who resides in the election district in which the vacancy occurred, to fill such vacancy until the next regular election.
2. 
If the vacancy occurs more than one (1) year from the next regular election, the Council shall by ordinance, call a special election to be held not less than sixty (60) days nor more than ninety (90) days following the occurrence or vacancy. The person elected at the special election shall serve for the remainder of the unexpired term of the vacant seat.
(C) 
Any vacancies on the Council to be filled by appointment shall be filled by the favorable votes of the majority of the remaining members of the Council. The results of any such vote shall be recorded in the Minutes of the Council.
(D) 
Notwithstanding the provisions of Section 2.201 relating to Mayor and to Section 2.301 relating to Council Members, in the event that a person shall be barred from seeking reelection to either office by reason of the term limitation and no other person shall file for election to fill such vacancy, the Town Council may appoint the incumbent to fill such vacancy until a person shall have been elected at the special election as set out above.
The Council shall have the power to provide by ordinance, in every respect not covered by the provisions of the Charter or State law, for the conduct, registration, nomination, and Town elections. Also, the Council shall have the power to provide ordinances for the prevention of fraud in connection therewith and for a recount of ballots in case of doubt or fraud.
Unless otherwise provided by ordinance, violation of the election laws for the Town of Ocean View shall be punishable as provided for by the laws of the State of Delaware.