Town of Ocean View, DE Chapter 120 Financial Good Standing

[HISTORY: Adopted by the Town Council of the Town of Ocean View 12-9-2008 by Ord. No. 242. Amendments noted where applicable.]

GENERAL REFERENCES

Fees — See Ch. 3.

Building permits — See Ch. 84, Art. I.

Licenses — See Ch. 93.

Land use and development — See Ch. 140.

§ 120-1 Disclosure requirements.

The applicant who is requesting any permits, licenses, or utility services, owns property, or who wishes to do any business with the Town of Ocean View must disclose all names of entities, properties, or any necessary information to the Town so it can do research to ensure there are no outstanding debts owed by the individual or any partnership, LLC, or corporation to which the applicant has a connection. An individual must disclose all names under which he or she may have previously done business with the Town of Ocean View.

§ 120-2 Determination of standing required.

Any department head with authority to accept applications and issue approvals, permits, licenses and/or provide Town services shall first determine that the applicant is current on and not in default of certain obligations owed to the Town.

§ 120-3 Enumeration of obligations.

[Amended 3-14-2017 by Ord. No. 336]

Applicants for Town approvals, permits, licenses, and/or the use, receipt, or provision of services shall be current on all obligations to the Town prior to receiving such approval or service. Examples of such obligations include but are not limited to the following:

A. Property taxes;

B. Connection fees, assessments, and service charges for the maintenance or use of the Town's water system, including interest and penalties;

C. Expenses incurred by the Town pursuant to Chapter 169, § 169-10, for the removal of waste material set out in Chapter 169, § 169-5;

D. Rental property taxes (GRRT);

E. License fees;

F. Permit fees, including building permits and building code and inspection fees, including those set out in Chapter 140, § 140-82;

G. Liens placed on properties, including those imposed under 25 Del. Laws, c. 29; and

H. Interest, penalties, court costs and/or attorneys' fees if applicable to a default in any of the above-listed obligations.

§ 120-4 All obligations to be current.

All department heads shall refuse to accept applications and grant permits and/or approvals for the use, receipt or provision of services, including, but not limited to, building permits, building code plan reviews and/or inspections, subdivisions, rezoning, conditional uses, variances, special exceptions, licenses, annexation requests, certificates of occupancy, and/or connection or installation of utilities, until the owner and/or applicant has demonstrated that all obligations identified in § 120-3 above have been paid current as to all lands and property owned by the individual requesting the permit, approval, or service. If the party requesting approval is current on some but not all obligations owed to the Town, the approval, permit, license, and/or service being applied for shall be denied until such time as all Town obligations are current and fully complied with.

§ 120-5 Procedures.

A. All Town employees who are responsible for taking applications and/or granting approvals and/or permits and/or providing Town services identified in § 120-4 shall make all reasonable efforts to determine that none of the obligations identified in § 120-3 are unpaid and/or the owner requesting the approval, permit, or service is not in violation of any monetary or compliance obligation owed to the Town of Ocean View.

B. Parcel owners who have taxes or any other obligations owed to the Town must have written approval from the Town of Ocean View Finance Director or designee indicating full payment of all taxes, assessments, fees, or obligations that are in arrears before any application for a building permit, building code approval, subdivision, rezoning, conditional use, variance, special exception or other service can be accepted or approved by the Town of Ocean View offices or employees.

C. If any noncomplying or incomplete payments, actions, or filings are determined to exist, then the administrative agency or official shall, in writing, deny the license application or other form of approval requested until all existing requirements for payments, actions, or filing have been fully complied with or completed, clearly identifying in the written denial, the payment, action or filing required to be completed or complied with. Failure by the appropriate administrative agency or official to issue such written denial within 10 business days from the receipt of an application shall enable the applicant to proceed in the permitting or other approval processes for which application was made without prejudice.

§ 120-6 Appeals.

A. Any applicant for a permit, service or other form of Town approval who receives the aforesaid written denial of a permit or other form of approval or service by an administrative agency or official of the Town of Ocean View may appeal that denial to the Town Manager within 20 calendar days of such denial. The Town Manager shall thereafter hold a hearing at which said applicant shall be permitted to provide proof that such payment has been made or that a required action or filing has been properly carried out or otherwise show that such denial is based on incorrect information or is not appropriate to that applicant.

B. In the event the Town Manager denies the appeal, the applicant can appeal to the Town Council within 20 calendar days of such denial. These appeals will be scheduled as part of a regular Council meeting, and the appellant will be required to be present to present his/her case.