103.2 Appointment.
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The Code Enforcement Department and its Code Enforcement Officers,
the Chief of whom shall be the Town Manager, are hereby designated
as the primary department charged with enforcing the provisions of
this Code and shall also be known as the "Code Official(s)."
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103.3 Deputies.
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The Code Enforcement Officers shall be appointed under the authority
of the Town Manager. The Town Manager shall have the authority to
employ and/or appoint a third-party company or individual to serve
with or in place of other Code Officials.
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103.5 Fees.
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The fees for activities and services performed by the Department
in carrying out its responsibilities under this code shall be indicated
in the Code of the Town of Elsmere or as may be set by resolution
of the Town Council.
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SECTION 111
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MEANS OF APPEAL
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111.1 Application for appeal.
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Any person directly affected by a decision of the Code Official
or a notice or order issued under this code shall have the right to
appeal to the Board of Adjustment of the Town of Elsmere, provided
that a written application for appeal is filed within 20 days after
the day the decision, notice or order was served. An application for
appeal shall be based on a claim that the true intent of this code
or the rules legally adopted thereunder have been incorrectly interpreted
or the provisions of this code do not fully apply. Additionally, an
application for appeal may be based on a claim that an action other
than what is required by the code: 1) provides the same or better
protections than what the code requires; and 2) will not cost the
Town of Elsmere any more money than enforcing the code as written.
If the appellant proves that an action other than what is required
by the code meets these two requirements, the Board of Adjustment
may, in its discretion, either enforce the code as written or permit
the proposed alternative action.
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111.2 Notice of meeting.
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Once an appeal has been properly filed, a date shall be set
for when the Board of Adjustment shall hear the appeal. If on the
date the appeal was filed there are more than 14 days before the next
regularly scheduled meeting of the Board, the appeal shall be heard
at that meeting. However, if there are fewer than 14 days before the
next regularly scheduled meeting of the Board, the date for the appeal
hearing shall be the fourth Tuesday of the month following the month
in which the appeal was filed.
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These requirements shall not prohibit the scheduling of the
appeal hearing from being held at any other public meeting of the
Board, provided that the provisions of this section are waived by
mutual agreement by both the appellant and the Town Manager in a written
agreement.
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111.3 Open hearing.
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All hearings before the Board of Adjustment shall be open to
the public. The appellant, the appellant's representative, the
Code Official and any person who has been called as a witness or whose
interests are affected shall be given an opportunity to be heard.
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111.4 Procedure.
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The Board of Adjustment shall set and make available the procedures
under which a hearing will be conducted. The procedures shall not
require compliance with strict rules of evidence, but shall mandate
that only relevant information be received.
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111.5 Postponed hearing.
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Either the appellant or the appellant's representative
shall have the right to request a postponement of the hearing.
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111.6 Board decision.
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After hearing the evidence provided at the hearing, the Board
of Adjustment shall modify or reverse the decision of the Code Official
only by a concurring vote of a majority of Board members present.
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111.7 Records and copies.
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The decision of the Board shall be recorded. Copies shall be
furnished to the appellant and to the Code Official.
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111.8 Administration.
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The Code Official shall take immediate action in accordance
with the decision of the Board of Adjustment.
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111.9 Court review.
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Any person, whether or not a previous party to the appeal, shall
have the right to apply to the appropriate court for a writ of certiorari
to correct errors of law. Application for review shall be made in
the manner and time required by law following the decision of the
Board of Adjustment.
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111.10 Stays of enforcement.
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Appeals of notice and orders (other than imminent danger notices)
shall stay the enforcement of the notice and order until the appeal
is heard by the Board of Adjustment.
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302.10 Outdoor furniture or appliances.
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The outdoor storage or use of any equipment, materials, furnishings
or appliances which are not specifically designed or manufactured
for exterior placement is prohibited. Items which are specifically
designed or manufactured for outdoor use such as lawn furniture, barbeque
grills, garden tools and children's outdoor play equipment may
be stored outside, provided that they are maintained in good condition
and stored in an orderly fashion.
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303.3 Additional regulations.
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308.4 Placement for collection.
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It is the responsibility of every occupant of a structure or
dwelling unit to place out for collection on the regularly scheduled
collection day any container which contains any amount of rubbish
or garbage.
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308.5 Time limits on placement for collection.
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No occupant of a structure or dwelling unit shall place out
for collection any container before 6:00 p.m. on the night before
the scheduled collection date, and any container placed out for collection
shall be returned to an approved storage location by no later than
8:00 p.m. on the regularly scheduled collection day.
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308.6 Approved storage location.
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The only approved storage location for containers shall be at
a point on the property which is located in the side or the rear of
the property.
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309.2 Owner responsible.
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The owner of any structure shall be responsible for the extermination
of the entire structure as frequently as may be required to avoid
or address any infestation.
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603.7 Carbon monoxide detectors.
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In all residential occupancy buildings, a single-station carbon
monoxide alarm in conformity with UL 2034 regulations shall be provided
on all levels with sleeping rooms. In multifamily dwellings with more
than one dwelling unit on each level, each dwelling unit shall be
provided with a carbon monoxide alarm.
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