[HISTORY: Adopted by the Mayor and Council of the Town of
Elsmere 12-9-1993 by Ord. No. 302; amended in its entirety 10-10-2013 by Ord. No.
571. Subsequent amendments noted where applicable.]
For the purposes of this chapter, and not for the purpose of
altering or amending any provisions in the Residential Landlord-Tenant
Code in Chapters 51, 53, 55, 57, and 59 of Title 25 of the Delaware
Code, the following terms shall have the meanings indicated:
All structures that include more than two dwelling units
(as described herein).
Any building, store, storefront, garage, warehouse or other
structure that is owned by someone other than the person(s) who occupy
or are using the building or which is assessed as a commercial property
for the purpose of tax collection by the Town of Elsmere and is occupied
or operated by someone other than the owner.
A family dwelling unit intended for living purposes, providing
private entrance and independent permanent facilities for sleeping,
eating, cooking and sanitation. Dwelling units may share common heat,
ventilation and air-conditioning units, as provided, or may be individually
equipped.
In the case of structures where rooms are rented on a daily, weekly or other basis, primarily for housing individuals and without private entrances to the structure or the independent permanent facilities described in Subsection A of this definition not shared with other inhabitants of the structure, each such room rented shall be considered a separate dwelling unit.
The inspection of the rental unit by a pest control company
licensed in the State of Delaware and the Town of Elsmere for the
purpose of identifying the presence of bed bugs, roaches, ants, other
insects and rodents and a certification by that company that these
insects, bugs or rodents are not present in the unit or that the unit
has been properly treated to exterminate the presence of any of these
insects, bugs or rodents.
An individual, or two or more persons related by blood, marriage
or law. Nothing herein shall interfere with federal, state, HUD, and
fair housing provisions prohibiting discrimination in housing on prohibited
bases.
[Amended 3-12-2020 by Ord. No. 648]
For the purpose of this chapter, spouse, mother, father,
guardian, child, sister, brother, grandparent, grandchild, plus the
various combinations of half, step, in-law and adopted relationships
that can be derived from those named.
The maximum number of occupants that may reside in a dwelling
unit shall be as specified in the most current edition of the ICC
International Property Maintenance Code, which has been adopted by
the Town of Elsmere and includes any amendments made to that code
by the Town.
Any dwelling unit which is rented, leased, let or hired or
is intended, advertised or designed to be rented, leased, let or hired
which is not occupied by the legal property owner or a member of the
property owner's immediate family or which is occupied by anyone other
than the legal property owner or a member of his or her immediate
family.
Every owner (or an authorized agent) of a rental unit or a structure
which is defined as a "commercial rental unit" by this chapter is
required to make application for and receive an annual license for
each and every rental unit or unit which is defined as a "commercial
rental unit" by this chapter. The Town Manager shall develop an application
for rental licenses which shall require any information which he feels
is appropriate or required to enforce the provisions of this chapter
as well as any other code or regulation. At a minimum, the application
shall require the owner to supply the following information:
A.
At the time of application for a rental license intended for a residential
rental unit, written documentation must be supplied by the applicant
for each tenant of the property denoting the following information:
(1)
A copy of the lease or agreement between the tenant and the owner
of the property or a statement that the rental unit is currently vacant.
(2)
The number of bedrooms in the dwelling unit.
(3)
The area (in square feet) of each dwelling unit.
(4)
The name of any and all tenants intending or approved to occupy the
unit, or a statement that the unit is vacant.
(5)
Number of tenants per unit.
B.
At the time of application for a rental license intended for a commercial
rental unit, written documentation must be supplied by the applicant
for each tenant of the property denoting the following information:
(1)
A copy of the lease or agreement between the tenant and the owner
of the property, which clearly notes the expiration of and renewal
options of the lease.
(2)
The area in square feet of the entire structure.
(3)
The area in square feet of the space occupied by the particular tenant.
(4)
The name of the business or person who currently occupies the structure
or a statement that the structure is currently vacant.
(5)
The type of business that is being performed on the premises.
(6)
The State of Delaware and Town of Elsmere business license for the
business or person occupying the structure.
(7)
The total number of tenants occupying the structure.
A.
Prior to the occupancy of a rental unit by a tenant and prior to
any change in the occupancy of a rental unit by a new tenant of the
rental unit who is not an immediate family member of the legal owner,
a certificate of occupancy shall be required to be issued by the Code
Enforcement Department.
B.
A certificate of occupancy shall only be issued after:
(1)
On-site inspections have been made by the Code Enforcement Officer,
or authorized deputy of the Code Enforcement Officer, to ensure that
said unit is in compliance with the provisions of this chapter; and
(2)
The Code Enforcement Officer has concluded that the rental unit is
in compliance with the most current edition of the ICC International
Property Maintenance Code which has been adopted by the Town of Elsmere
and includes any amendments made to that Code by the Town; and
(3)
The owner has provided the Code Enforcement Officer with the following:
(a)
Written proof that the property to be occupied has been exterminated
in accordance with this chapter within a period of time not to exceed
15 days prior to the occupancy of the rental unit by its occupants.
Extermination in accordance with this chapter shall be required within
a period of time not to exceed 15 days prior to every change in occupancy
of the rental unit; and
(b)
A copy of the signed lease agreement; and
(c)
A copy of a signed document stating that the owner has provided
the renter with a summary document of the Delaware Landlord-Tenant
Code; and
(d)
A copy of the official vehicle registration card issued by the
agency having the legal authority to issue such cards for the state
in which the vehicle is registered, for each and every vehicle which
is owned, leased, operated by or in the possession of the tenant and/or
any other person(s) occupying the rental unit. Written on the copy
of each registration card required by this section shall be the color
of the vehicle.
(e)
Persons seeking a commercial rental permit shall only be required
to supply a copy of the signed lease agreement.
C.
The cost for this inspection will be included in the rental licensee
fee. Additional inspections to ensure compliance will be made at additional
cost to the owner.
D.
A record of each inspection will be kept on file at the Town Hall.
E.
Nothing in this chapter shall preclude that other inspections may
be made by the Code Official in the regular performance of his or
her duties.
Annually and within 90 days after the issuance of a rental license for a unit which is vacant at the time of the issuance of the license, the owner shall schedule an inspection of the vacant unit with the Code Enforcement Officer. The purpose of the inspection shall be for the same purpose and conducted in the same manner as the inspection required by § 182-3 of this chapter.
Any inspection conducted in accordance with this chapter shall
include an inspection of the following to ensure compliance with the
most current edition of the ICC International Property Maintenance
Code which has been adopted by the Town of Elsmere and includes any
amendments made to that code by the Town:
A.
It shall be the responsibility of the property owner to notify the
Code Enforcement Department within 72 hours when the person reported
as occupying any rental unit no longer occupies the property.
B.
Whenever a previously occupied rental unit is vacated and intended to be reoccupied by someone other than the previous tenant, it shall be the responsibility of the property owner to notify the Code Enforcement Office within 72 hours of the vacancy and provide the information required by § 182-2A(1), (4) and (5) and, in the case of a commercial rental unit, the information required by § 182-2B.
A.
The cost of a rental license shall be as follows:
(1)
For residential units containing two or fewer units within a structure:
a fee of $200 per unit.
(2)
For residential units with more than two units within one structure:
a fee of $150 per unit.
(3)
For commercial rental units that contain two units or fewer within
one structure: a fee of $350 per unit.
(4)
For commercial rental units that contain more than two units within
one structure: a fee of $250 per unit.
B.
These fees are also subject to the following:
[Amended 12-9-2021 by Ord. No. 662]
(1)
The
annual license year shall be November 1 to October 31 of the following
year.
(2)
No
fees will be prorated. Each license will be valid through October
31 regardless of the date a license is purchased. Annual renewal forms
will be mailed by the Town.
(3)
Licenses
are payable upon receipt and are due no later than October 31.
(4)
A charge
of $50 will be assessed for compliance inspections, if required, beyond
the initial inspection mandated and included in the license fee. This
shall not be assessed if the additional inspection is required due
to a change in the occupants and no additional inspections are required.
(5)
It
shall be the sole responsibility of the owner(s) to provide shelter
and pay expenses of relocation of persons required to vacate the owner's
rental property as a result of an order condemning a building or structure
deemed unfit for human habitation.
(6)
The owner(s) who fails to provide the shelter and relocation required by Subsection B(5) shall also reimburse the Town for any expenses that it incurs in connection with obtaining shelter and relocation services for persons required to vacate the owner's property. However, nothing in this section of the Code shall require the Town of Elsmere to undertake such expenses.
No property required by this chapter to obtain a rental license
shall be rented, leased or otherwise occupied or used by anyone other
than the owner of said property if the initial length of the lease
or agreement or the length of any renewal options is for a period
of time which is less than 28 consecutive days.
A.
Any person or persons who shall violate the provisions of this chapter
or who shall fail to comply with a notice or order issued by the Code
Official pursuant to this chapter shall be guilty of a misdemeanor
and shall be subject to a fine of not less than $300 nor more than
$500 or imprisonment of not more than 30 days, or both.
B.
Each day that each violation continues shall be deemed a further
offense punishable by a further sum of $50 per day, per violation.
The imposition of a penalty for any violation of this chapter shall
not excuse the violation or permit it to continue.
C.
The owner of any rental property who shall fail to register or to pay to the Town the appropriate fee(s) as determined by this chapter or fails to comply with § 182-7B of this chapter shall pay a late fee of $100 for each and every rental unit which he or she failed to register or to pay to the Town the appropriate fee(s).
