City of Harrington, DE Adoption of Standards

The following sections are hereby revised:

Section 101.1. Insert: City of Harrington.

Section 103.5. Insert: The fees are as set forth in Chapter 180, Municipal Fees.

[Amended 12-15-2008 by Ord. No. 08-07]

Section 302.4. Insert: six inches; see also City Code Chapter 305, Article II, Weeds and Trash.

[Amended 12-15-2008 by Ord. No. 08-07; 10-19-2020 by Ord. No. 20-03]

Section 304.14. Insert: May 1 and October 1.

Section 602.3. Insert: November 1 and April 1.

Section 602.4. Insert: November 1 and April 1.

Section 106, Violations, is revised by deleting the subsection in its entirety and substituting the following:

[Added 8-6-2012 by Ord. No. 12-17]

SECTION 106
VIOLATIONS
	106.1 Violations; generally. Any person who shall violate any provision(s) of the Property Maintenance Code as adopted by Harrington City Council or shall fail to comply with any of the requirements hereof shall be subject to any of the enforcement mechanisms and penalties outlined in this chapter.
	106.2 Notice of violation. The Code Official shall serve a notice of violation or order in accordance with Section 107.
	106.3 Enforcement.
		106.3.1 Administrative enforcement. Any person violating the provisions of this chapter may be subject to administrative proceedings instituted by the Code Enforcement Officer. Violations subject to administrative enforcement shall be commenced within three years as provided in 10 Del. C. § 8106 (actions subject to 3-year limitation).
			106.3.1.1 Notice to owner or person responsible. Whenever the Code Official determines that there has been a violation of this chapter or has reasonable ground to believe that a violation has occurred, notice shall be given to the owner or persons responsible for the property. The property owner shall be responsible for correcting such violation(s).
				106.3.1.1.1 Form. The form of such notice prescribed in Section PM 106.3.1.1 shall be in accordance with Section PM 107.2.
				106.3.1.1.2 Method of service. Notice required by Section PM 106.3.1.1 shall be satisfied where a copy of the decision or violation notice is: (a) delivered personally to the owner or person responsible for the property; or (b) mailed by regular United States mail and addressed to the owner or person responsible for the property at his or her last known address; or (c) posted in a conspicuous place on the property. Service of such notice in the foregoing manner upon an owner's agent or upon the person responsible for the structure shall constitute service of notice upon the owner.
				106.3.1.1.3 Exceptions. In no case shall the Code Official be required by Section PM 106.3.1.1 to provide a violation notice to:
					1.	Any owner or person previously provided notice pursuant to Section PM 106.3.1.1, or under any former provision of this chapter, where the same violation is alleged by the Code Official to exist; or
					2.	In the event that a violation exists or is reasonably believed to exist, because work is being done in an unsafe or dangerous manner, jeopardizes the health, safety, or welfare of the public, or is being done (or was done) in the absence of necessary permit(s), license(s) or registration(s).
			106.3.1.2 Ticketing. Pursuant to the Charter and Title 25, Chapter 29 of the Delaware Code, the Code Official shall have the authority to issue ticket(s) to the owner of a property, regardless of whether the owner actually resides upon the property, including any vacant lots, for violations of Section 302.4, Weeds, and City of Harrington Code § 305-4, Prohibited weed growth; 302.7, Accessory Structures; Section 302.8, Motor vehicles, and City of Harrington Code Chapter 406, Abandoned Vehicles; City of Harrington Code § 440-92, Parking in front and side yards, and Chapter 410, Article II, Parking Regulations; City of Harrington Code § 305-16, Prohibited conduct (external placement of interior furniture and appliances); City of Harrington Code § 365-17, Dangerous trees and shrubs; Section 303.1, Swimming pools; Section 307.1, Accumulation of rubbish or garbage, City of Harrington Code § 305-7, Prohibited deposits of trash, and City of Harrington Code § 205-1, Accumulation of rubbish prohibited; and Section 307.2, Disposal of rubbish, City of Harrington Code § 305-8, Solid waste collection, and City of Harrington Code § 305-9, Burying of trash prohibited.
				106.3.1.2.1 Procedure. Whenever the Code Official receives a complaint that there has been a violation(s) of the above-referenced sections, a notice of alleged violation(s) shall be given to the owner of the property. The owner shall be responsible for correcting such violation(s) within five calendar days. If the Code Official determines that the violation(s) remains after the fifth calendar day, the owner of the property on which such noncompliance exists shall be subject to, and liable for, a civil penalty as established by Chapter 180, Municipal Fees. This civil penalty shall double if not paid within 30 calendar days from the date of the citation. In no case shall the Code Official be required by this section to provide notice within a twelve-month period to any owner previously provided notice pursuant to this section where the same Code violation exists.
				106.3.1.2.2 Citation. Any citation issued for failure to comply with any provision identified in Section PM 106.3.1.2 shall be mailed to the owner of the property that is the subject of the citation. Pursuant to 25 Del. C. § 2901, civil penalties may be added to the City property tax billings for the property which was the subject of the citation. Additional civil penalties shall also double if not paid within 30 calendar days from the date of the respective citation.
					106.3.1.2.2.1 Continuing violations. After the recipient of a ticket(s) has an opportunity to appeal the ticket(s) as permitted by Section PM 106.3.1.2.4, the violation shall constitute a continuing violation; a ticket for the same violation may be issued each day the violation continues, and a separate penalty for each day may be imposed.
				106.3.1.2.3 State of mind. It shall be unnecessary to prove the violator's state of mind with regard to the failure to comply with any provision of this section, as the legislative purpose is to impose strict liability for such noncompliance.
				106.3.1.2.4 Appeals. The owner of a property aggrieved by any civil penalty imposed pursuant to Section PM 106.3.1.2 may follow any one of the following methods to appeal the ticket:
					106.3.1.2.4.1 Request a hearing before the City Manager. Within 10 calendar days of the date of the citation, the recipient of the ticket may request a pre-deprivation hearing from the City Manager as described in Section PM 106.3.1.3 below.
					106.3.1.2.4.2 Submit a detailed written explanation.In lieu of personally appearing before the City Manager as provided for in Section PM 106.3.1.2.4.1 above, the recipient of the ticket, at his or her sole discretion, may, within 10 business days of the date of the citation, file a detailed written explanation of the grounds for the appeal to the Code Official. The Code Official shall issue a written decision affirming, modifying, reversing, revoking, or vacating the civil penalty within 10 calendar days of receipt of the written explanation of the grounds for the appeal.
					106.3.1.2.4.3 Fee. The fee for filing an appeal under this section is established in Chapter 180, Municipal Fees. Such fee shall not be charged if the applicant prevails on all issues presented to the Code Official or at any level of appeal.
					106.3.1.2.4.4 Stay. Except as provided for in Section 108 of this chapter, an appeal of a violation under this section shall act as an automatic stay of the action being appealed.
					106.3.1.2.4.5 Appeal. The decision of the Code Official made pursuant to this section must be appealed in accordance with Section PM 106.3.1.6, Administrative appeal.
			106.3.1.3 Pre-deprivation show cause hearing. Except as provided in Section PM 106.3.1.2.1, if such violations are not remedied within the time specified, the Code Official shall schedule a show cause hearing and provide the person an opportunity to defend his, her, or its conduct at a show cause hearing prior to any penalty being imposed. After such show cause hearing, the Code Official shall render a decision within 20 days and send a written letter to the person informing him or her of his or her decision and detail the reason for any adverse action taken. Any decision made by the Code Official is appealable pursuant to Section PM 106.3.1.5. If the Code Official determines that the owner or person responsible for the property, building, structure, premises or equipment is in violation of this Code, the owner or person responsible shall be subject to a show cause hearing fee as set forth in Chapter 180, Municipal Fees.
			106.3.1.4 Costs. The owner of the property or person responsible for the building, structure, premises, or equipment shall be responsible for all costs associated with the enforcement of this code and the investigation, removal, remediation, or abatement of code violations, including the costs of reports, studies, and opinions prepared by design professionals, the institution and maintenance of temporary safeguards, restoration of unsafe buildings, structures or equipment, demolition, and reasonable attorney fees associated with the above. The costs shall be liens on the property to the extent permitted by law.
			106.3.1.5 Administrative penalty provisions. The following administrative penalties may be imposed by the Code Official:
				106.3.1.5.1 Administrative fines. Notwithstanding any other section of this code, any person who is found to have violated any provision of this code or directive of the Code Official may be subject to the penalties specified in Section PM 106.3.2.3 for each day that the violation continues, in addition to any expense incurred by the City for the removal or abatement of the violation. Administrative fines imposed pursuant to this section shall be a lien on the parcel of real property that the expense is incurred upon or which is the subject of the violation. Upon certification of the lien by the City Manager, the amount of such lien shall be recorded and collected in the same manner as other City real estate taxes and paid to the City, when collected.
				106.3.1.5.2 Institution of remedial action. The City may initiate action to remedy the violation. Upon completion of such remedial work, the violator shall be provided the opportunity to reimburse the City for the cost incurred. If the violator fails to reimburse the City within the time period specified, the City may:
					1.	Call or collect on any bond or insurance established for this purpose;
					2.	Place a lien on any property within the City held by the person as permitted by state law; or
					3.	Institute a civil action for the recovery of such expenses, together with any penalty and/or interest, against the person, and the City shall be awarded reasonable attorney fees.
				An administrative fee for processing vendor requests and providing vendor services shall be charged for each instance such service is provided as set forth in Chapter 180, Municipal Fees. This section shall not be construed to limit any other actions or remedies at law or equity.
			106.3.1.6 Administrative appeal.
				106.3.1.6.1 Appeal to City Council. Any person aggrieved by any administrative enforcement action taken pursuant to this chapter, or any person who in good faith claims that the true intent of this chapter or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equally good or better form of construction is proposed shall have the right to appeal to the City Council.
				106.3.1.6.2 Time. All appeals shall be filed with the Clerk of Council within 20 days of the date the written decision is issued by the Code Enforcement Officer or City Manager. A public hearing will then be afforded to the appellant within 45 days of the filing of the appeal.
				106.3.1.6.3 On record. Appeals shall be heard based solely upon the materials (e.g., plans, documents, reports, studies, drawings, and testimony) available to the official rendering the initial decision. Appeals shall not be used to consider new or additional information. Information submitted but not discussed in rendering a decision shall be considered part of the original record and may be considered on appeal. Testimony may be given based upon the material submitted to the decisionmaker.
				106.3.1.6.4 Written decision. The City Council shall make findings of fact and shall render a decision, in writing, based upon the record created at the public hearing within 20 days.
				106.3.1.6.5 Actions that can be taken. The City Council may affirm, modify, reverse, vacate, or revoke the action appealed, provided that such action shall be affirmed by the Council if the action was not arbitrary or capricious, or was not taken pursuant to law.
				106.3.1.6.6 Stay. If a stay of the action being appealed is desired, a written request must be submitted, in writing, to the Mayor. The stay will be granted unless the Code Official can demonstrate that the granting of the stay would jeopardize the health, safety, or welfare of the public.
				106.3.1.6.7 Fee. The fee for filing of an appeal under this section is set forth in Chapter 180, Municipal Fees. Such fee shall be refunded to the applicant if it prevails on all issues presented to the City Council after any right(s) to appeal have expired or have been exhausted.
				106.3.1.6.8 Writ of certiorari. An aggrieved party may appeal the decision of the City Council by filing a petition for a writ of certiorari in the Delaware Superior Court.
		106.3.2 Criminal enforcement. Any person violating the provisions of this code may be subject to a criminal proceeding instituted by the Code Official or the City Solicitor, or his or her designee. It is unnecessary to prove the defendant's state of mind with regard to offenses which constitute violations, as the legislative purpose is to impose strict liability for such offenses.
			106.3.2.1 Dismissal of charges. Any person subject to criminal prosecution under this chapter may avoid the same upon presenting sufficient evidence to establish that the alleged violation has been remedied. At the discretion of the City Solicitor, or his or her designee, and if sufficient evidence is presented prior to trial, the City may enter a nolle prosequi with or without prejudice.
			106.3.2.2 Criminal proceedings. Justices of the Peace shall have jurisdiction throughout the state to hear, try, and finally determine any violation or violations of any ordinance. Only upon conviction shall the defendant have the right to appeal to the Court of Common Pleas.
			106.3.2.3 Penalties. Violations of this chapter shall be deemed misdemeanor offenses. The sentence for any person convicted of such a misdemeanor offense shall include the fines as established in Chapter 180, Municipal Fees, and may include restitution or such other conditions as the court deems appropriate. The unpaid fine amounts may be considered a tax lien and collected in the same manner as other City real estate taxes.
			"Fines," as used in this section, shall also include any civil judgment awarded to the City thereof entered pursuant to 11 Del. C. § 4101 (Payment of fines, costs and restitution upon conviction), 25 Del. C. § 2901 et seq. (Liens of the state and/or its political subdivisions), or 9 Del. C. § 2907 et seq. (Abatement; creation of tax lien).
			106.3.2.4 Continuing violations. Each day any violation of this chapter shall continue shall constitute a continuing violation, for which a separate conviction may be obtained and a separate penalty for each day shall be imposed, and shall be considered a single conviction for the purposes of Section PM 106.3.2.3.
		106.3.3 Civil enforcement. Any person violating the provisions of this chapter may be subject to a civil proceeding instituted by the City Solicitor or his or her designee. The City may apply to the Court of Chancery for injunctive relief against the person to prevent, restrain, correct, abate, remove, or enjoin any violation of the provisions of this chapter.
	106.4 Abatement of violation. The imposition of the penalties and remedies herein prescribed shall not preclude the Code Official or his or designee from instituting the appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of a building, structure or premises when such person fails to correct the violation after due notice, either actual or constructive, has been given to the person responsible, and where such person has had the opportunity to be heard through the appeals process detailed herein or court of competent jurisdiction on the issue of the violation.
		106.4.1 Reimbursement. Upon completion of any action taken by the City to correct or abate a violation, the violator shall be provided the opportunity to reimburse the City for any costs incurred. An administrative fee for processing vendor requests and providing vendor services shall be charged for each instance such service is provided as set forth in Chapter 180, Municipal Fees.
		106.4.2 Remedies. Upon failure to reimburse the City within the time period specified, the City may:
			1.	Call or collect on any bond or insurance established for this purpose;
			2.	Place a lien upon the parcel of real property which is the subject of the abatement or after a notice of lien is filed on any property within the County which is held by the responsible person. Upon certification of the lien by the City Manager, the amount of such lien shall be recorded and collected in the same manner as other City real estate taxes and paid to the City when collected. There shall be a right to appeal the abatement cost to the City Council; or
			3.	Institute a civil action for the recovery of such expense, together and with penalty and/or interest, against the person, and the City shall be awarded reasonable attorney fees. This section shall not be construed to limit any other actions or remedies at law or equity.
	106.5 Extensions. Application for an extension of the time frame to correct the violations addressed in the violation notice may be made, in writing, to the Code Official. The Code Official is authorized to grant, in writing, one or more extensions of time. The applicant must demonstrate justifiable cause and explain all pertinent surrounding circumstances, including reasons for the delay, plans for completion, and what actions the applicant has taken to correct the problem. The Code Official may set conditions regarding the time frame to rectify any violation as well as any other conditions such as, but not limited to, those prescribed by a court of law or the City Council.

Section 107, Notices and Orders, is revised by deleting the subsection in its entirety and substituting the following:

[Added 8-6-2012 by Ord. No. 12-17]

SECTION 107
NOTICES AND ORDERS
	107.1 Notice to owner or person responsible. Whenever the Code Official determines that there has been a violation of this chapter, or has reasonable grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Section PM 107.2 and Section PM 107.3 to the owner or person responsible for the violation as specified in this chapter. Notices for condemnation procedures shall also comply with Section PM 108.3.
	107.2 Form, Such notice prescribed in Section PM 107.1 shall be in accordance with all of the following:
		1.	Be in writing and accompanied by a photograph of the violation, if available;
		2.	Include a description of the real estate sufficient for identification;
		3.	Include a statement of the violation or violations and why the notice is being issued; and
		4.	Include a directive indicating the time to make the repairs and improvements required to bring the premises into compliance with the provisions of this chapter.
	107.3 Method of service. Such notice shall be deemed to be properly served if a copy thereof is:
		1.	Delivered personally to the owner or person responsible for the property; or
		2.	Sent by certified or first-class mail, addressed to the last known address; or
		3.	Posting a copy of the notice in a conspicuous place in or about the structure affected by such notice.
	107.3.1 Method of service exception. In no case shall the Code Official be required by this section to provide a violation notice within a twelve-month period to any owner or person responsible previously provided notice pursuant to this section or under any former code provision where the same code violation is alleged by the Code Official to exist.

Sections 111.2 through 111.3. Delete sections in their entirety; appeals shall be heard by the City Council pursuant to applicable authority.

[Added 3-16-2015 by Ord. No. 15-03; 10-19-2020 by Ord. No. 20-03]

Section 112.4. Insert: the amount set forth in Chapter 180, Municipal Fees, and the amount set forth in Chapter 180, Municipal Fees.

[Added 3-16-2015 by Ord. No. 15-03]

Section 302 Exterior Property Areas. Insert: See also City Code Chapter 305, Article III, External Placement of Interior Furniture and Appliances.

[Added 10-19-2020 by Ord. No. 20-03]

Section 308 Rubbish and Garbage. Insert: See also City Code Chapter 305, Article II, Weeds and Trash.

[Added 10-19-2020 by Ord. No. 20-03]