[Adopted 8-12-2010 by Ord. No. 521]
The purpose of this article requiring the registration of all
vacant buildings, dwellings and structures, and the payment of registration
fees is to assist the Town, and particularly the Code Enforcement
Department in protecting the public health, safety and welfare, to
monitor the number of vacant buildings in the Town, to assess the
effects of the condition of those buildings on nearby businesses and
the neighborhoods in which they are located, particularly in light
of fire safety hazards and unlawful, temporary occupancy by transients,
including illicit drug users and traffickers, and to require of the
owners of such vacant buildings their registration and the payment
of related fees, and to promote substantial efforts to rehabilitate
such vacant buildings. The provisions of this section are applicable
to the owners of such vacant buildings as set forth herein and are
in addition to and not in lieu of any and all other applicable provisions
of the Code of the Town of Elsmere, the health, sanitation, building
and property codes, and any other applicable provisions of the State
of Delaware.
Definitions. For purposes of this section, the following words
and phrases shall have the meanings respectively ascribed to them
as follows:
BOARDED
A building or structure subject to the provisions of this
section shall be deemed to be "boarded" if in place of one or more
exterior doors, other than a storm door, or of one or more windows,
there is a sheet or sheets of plywood or other durable material covering
the space intended for such door or window.
[Amended 11-11-2010 by Ord. No. 524]
EXTERIOR MAINTENANCE AND MAJOR SYSTEMS
The safe, lawful and secure maintenance of the facade, windows,
doors, roof, and other parts of the exterior of the building and the
maintenance of its major systems consisting of the roof, the electrical
and plumbing systems, the water supply system, the sewer system, the
sidewalk and driveway, of any secondary building, dwelling or structure,
if any.
[Amended 11-11-2010 by Ord. No. 524]
OCCUPIED
Any building or structure shall be deemed to be occupied
if one or more persons actually conducts a lawful business or resides
in all or any part of the building as the licensed business-occupant,
or as the legal or equitable owner/occupant(s) or tenant(s) on a permanent,
nontransient basis, or any combination of the same; the regular receipt
of delivery of regular mail through the U.S. Postal Service; proof
of continual telephone, electric, gas, heating, water and sewer services;
a valid Town business license; or the most recent, federal, state,
or income tax statements indicating that the subject property is the
official business or residence address of the person or business claiming
occupancy; or proof of a prerental inspection.
OPEN
A building or structure subject to the provisions of this
section shall be deemed to be "open" if any one or more exterior doors
other than a storm door is broken, open and/or closed but, without
a properly functioning lock to secure it, or if one or more windows
is broken or not capable of being locked and secured from intrusion,
or any combination of the same.
OWNER
An owner of the freehold of the premises or any lesser estate
therein, a mortgagee, a vendee-in-possession, assignee of rents, receiver,
executor, trustee, lessee, agent or any other person, firm or corporation
that is directly or indirectly in control of a building subject to
the provisions of this section.
VACANT
A building or structure shall be deemed to be vacant if no
person or persons actually currently conduct a lawfully licensed business,
or lawfully reside or live in any part of the building as the legal
or equitable owner(s) or tenant-occupant(s), or owner-occupants or
tenant(s) on a permanent, nontransient basis.
The owner shall have the right to appeal the imposition of the
registration fees to the Town of Elsmere's Board of Adjustment.
After the owner is given notice of the amount of the registration
fee due, except for those owners that have properly perfected an appeal,
and the owner fails to pay the amount due, said amount shall constitute
a debt due and owing to the Town, and the Town may commence a civil
action to collect such the unpaid debt.
If the status of the registration information changes during
the course of any calendar year, it is the responsibility of the owner,
responsible party, or agent for same to contact the Code Enforcement
Department in writing within 30 days of the occurrence of such change
and make it aware of the information that has changed.
[Added 11-11-2010 by Ord. No. 524]
The owner of any vacant property shall insure that the property
is inspected at least weekly to ensure that the property is being
maintained in a safe, secure and code compliant condition. Should
evidence be found that indicates forced entry has been made to a vacant
property, the police shall be notified immediately.
[Amended 11-11-2010 by Ord. No. 524]
This section shall not apply to:
A. Any building
owned by the United States, the State of Delaware, New Castle County,
or the Town.
B. Apartment houses as defined by Chapter
182, §
182-1, of the Code of the Town of Elsmere.
[Added 10-10-2013 by Ord. No. 572]
[Amended 11-11-2010 by Ord. No. 524]
The failure or refusal for any reason of any owner, or agent
of an owner acting on behalf of the owner, to register a vacant building,
to secure and maintain in a safe condition any vacant building, or
to pay any fees required to be paid pursuant to the provisions of
this article, within 30 days after they become due, shall constitute
a violation punishable by a fine in the amount of not less than $100
nor more than $500 for each failure or refusal to register, or for
each failure or refusal to pay a required vacant building fee, as
applicable. In such cases, whenever the minimum fine of $100 is imposed,
it shall not be subject to suspension or reduction for any reason.
[Added 7-11-2013 by Ord. No. 567]
A. The owner of any property aggrieved by any part of this article may
make a request to the Town Manager for relief from that part of the
article.
B. After hearing from the person(s) asking for the relief, the Town
Manager may grant the requested relief, grant a mutually agreed-to
modification to the article or deny the request.
[Adopted 8-13-2015 by Ord. No. 599]
It is the purpose and intent of the Mayor and Council to establish
a process to address the deterioration and blight of neighborhoods
caused by an increasing amount of abandoned properties and properties
with defaulted mortgages located within Elsmere, and to identify,
regulate, limit and reduce the number of these properties located
within Elsmere. It is Elsmere's further intent to establish a
registration program for these properties as a mechanism to protect
neighborhoods from becoming blighted due to the lack of adequate maintenance
and security of registrable property.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this article, except where
the context clearly indicates a different meaning.
ABANDONED PROPERTY
A.
Properties that are accessible properties or have broken or
severely damaged windows, doors, walls, or roofs which create hazardous
conditions and encourage trespassing; or
B.
Properties that have one or more exterior doors (other than
a storm door) or one or more windows where there is a sheet or sheets
of plywood or other durable material covering the space intended for
such door or window; or
C.
Properties cited for a public nuisance pursuant to the Elsmere Code Chapter
145; or
D.
Properties that endanger the public's health, safety, or
welfare because the properties or improvements thereon are dilapidated,
deteriorated, or violate minimum health and safety standards or lack
maintenance as required by the applicable codes.
ACCESSIBLE PROPERTY/STRUCTURE
A property that is accessible through a compromised/breached
gate, fence, wall, etc., or a structure that is unsecured and/or breached
in such a way as to allow access to the interior space by unauthorized
persons.
ANNUAL REGISTRATION
Twelve months from the date of the first action that required
registration, as determined by the Elsmere Code Enforcement Department,
or its designee, and every subsequent 12 months. The date of the initial
registration may be different than the date of the first action that
required registration.
APPLICABLE CODES
Include, but are not limited to, the Elsmere Zoning Code,
the Property Maintenance Code, and the state, county and Elsmere building
and fire codes.
ENFORCEMENT OFFICER
Any law enforcement officer, building official, zoning inspector,
code enforcement officer, fire inspector or building inspector, or
other person authorized by Elsmere to enforce the applicable code(s).
FORECLOSURE
The legal process by which a mortgagee, or other lienholder,
terminates a property owner's equitable right of redemption to
obtain legal and equitable title to the real property pledged as security
for a debt or the real property subject to the lien. This definition
shall include, but is not limited to, public notice of default, a
deed-in-lieu of foreclosure, sale to the mortgagee or lienholder,
certificate of title and all other processes, activities and actions,
by whatever name, associated with the described process. The process
is not concluded until the property obtained by the mortgagee, lienholder,
or their designee, by certificate of title, or any other means, is
sold to a nonrelated bona fide purchaser in an arm's length transaction
to satisfy the debt or lien.
LOCAL PROPERTY MANAGEMENT COMPANY
A property manager, property maintenance company or similar
entity responsible for the maintenance and security of registrable
real property within 20 driving miles of Elsmere's limits. Upon
review of credentials the Town Manager, or his designee, may allow
a nonlocal property manager to be listed.
MORTGAGEE
The creditor, including but not limited to trustees; mortgage
service companies; lenders in a mortgage agreement; any agent, servant,
or employee of the creditor; any successor in interest; or any assignee
of the creditor's rights, interests or obligations under the
mortgage agreement.
OWNER
Any person, legal entity or other party having any ownership
interest, whether legal or equitable, in real property. This term
shall also apply to any person, legal entity or agent responsible
for the construction, maintenance or operation of the property involved.
PROPERTY MANAGEMENT COMPANY
A local property manager, property maintenance company or
similar entity responsible for the maintenance of registrable real
property.
REAL PROPERTY
Any improved residential or commercial land, buildings, leasehold
improvements and anything affixed to the land, or portion thereof
identified by a property parcel identification number, located in
the limits of Elsmere.
REGISTRABLE PROPERTY
Any abandoned property (as defined in this article) or real
property located in Elsmere, whether vacant or occupied, that is encumbered
by a mortgage in default, is subject to an ongoing foreclosure action
by the mortgagee or trustee, is subject to an application for a tax
deed or pending tax lien sale, or has been the subject of a foreclosure
sale where the title was transferred to the beneficiary of a mortgage
involved in the foreclosure and any properties transferred under a
deed in lieu of foreclosure/sale. The designation of a property as
"registrable" shall remain in place until such time as the property
is no longer abandoned or the foreclosure action has been dismissed
and any default on the mortgage has been cured.
VACANT
Any building or structure that is not legally occupied. Occupants
of properties subsequent to a foreclosure sale without a valid lease
are considered illegal occupants.
These sections shall be considered cumulative and not superseding
or subject to any other law or provision for same, but rather be an
additional remedy available to Elsmere above and beyond any other
state, county or local provisions for same.
Elsmere or its designee shall establish a registry cataloging
each abandoned property or real property subject to foreclosure within
Elsmere, containing the information required by this article.
All abandoned property is hereby declared to be a public nuisance,
the abatement of which is hereby declared to be necessary for the
health, welfare and safety of the residents of Elsmere.
Adherence to this article does not relieve any person, legal
entity or agent from any other obligations set forth in any applicable
code(s), which may apply to the property.
Whoever opposes, obstructs or resists any enforcement officer
or any person authorized by the enforcement office in the discharge
of duties as provided in this article shall be punishable as provided
in the applicable code(s) or a court of competent jurisdiction.
Any enforcement officer or any person authorized by Elsmere
to enforce the sections here within shall be immune from prosecution,
civil or criminal, for reasonable, good faith entry upon real property
while in the discharge of duties imposed by this article.