106.4 Violation penalties. Any person who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, where no specific penalty or assessment is provided therefor, the violation of any such provision of this chapter shall have committed a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach and pay a civil assessment of $100. Each day that a violation continues after due notice has been served shall be deemed a separate offense.
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302.4.1 Cost of removal by City; payment by owner. Whenever the City Manager has affected the removal of any unregulated
growth or has paid for its removal pursuant to the provisions of this
chapter, the actual cost thereof, together with an additional charge
of 20% of the actual charge to defray administrative expenses, plus
accrued interest at the rate of 6% per annum from the date of completion
of the work, if not paid by the owner or occupier prior thereto, shall
be charged to the owner or occupier of such property on the next regular
tax bill by the City. Such charge shall be due and payable by the
owner at the time of payment of such tax bill.
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302.10 Restrictions in the event of a water shortage or
emergency.
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A.
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The City Manager shall be and he is hereby authorized to issue
an order directing that water shall not be used for the sprinkling
of streets, grass, shrubs and gardens in the event of a shortage of
water or if an emergency exists.
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B.
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No person shall, directly or indirectly, use the water from
the mains of the city for the purpose of sprinkling streets, grass,
shrubbery and gardens if the City Manager has issued an order provided
for in this section.
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302.11 Uncovered excavation deemed abandoned. For
the purposes of this article, an excavation for construction of a
building which remains uncovered for a period of 30 days shall be
considered to be an abandoned excavation.
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302.11.1 Maintenance declared a nuisance. The maintaining
of abandoned excavations on any property located within the corporate
limits of the City of Rehoboth Beach which constitute a serious hazard
to life and property shall be a violation of this chapter.
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302.11.2 Investigation and report. Whenever the
Building Inspector, the City Manager or the Commissioners of Rehoboth
Beach receive any information that an abandoned excavation exists
within the corporate limits of the City of Rehoboth Beach, the Building
Inspector shall forthwith investigate and determine whether the excavation
is an abandoned excavation constituting a serious hazard to life and
property and shall make a report, in writing, to the Commissioners
of Rehoboth Beach at the next regular meeting thereof, setting forth
his findings and conclusions concerning the excavation.
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302.11.3 Notice of public hearing. If the Building
Inspector concludes, following his investigation, that an excavation
is an abandoned excavation, the Commissioners of Rehoboth Beach shall
cause a notice to be directed to the owner of the building at his,
her or their last known address, setting forth the findings and conclusions
of the Building Inspector. The notice shall set a time and date for
a public hearing before the Commissioners of Rehoboth Beach to afford
the interested parties an opportunity to show cause, if any they have,
why the excavation investigated by the Building Inspector should not
be declared to be an abandoned excavation and a hazard to life and
property and why it should not be ordered refilled. The date of the
public hearing shall not be later than 20 days from the date of the
notice. Any notice given pursuant to this section shall be by certified
mail with return receipt requested. The Commissioners of Rehoboth
Beach shall also direct that a copy of said notice be posted on the
premises where the excavation exists.
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302.11.4 Presentation of evidence. At the public
hearing, the owner of the building shall be permitted to present evidence
why the excavation should not be declared an abandoned excavation
and a common and public nuisance and why he should not be ordered
to abate the condition by refilling such excavation.
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302.11.5 Findings. Following the hearing and presentation
of any evidence by the owner, the Commissioners of Rehoboth Beach
shall issue its findings and conclusions concerning the excavation.
If it is found that the excavation is an abandoned excavation and
constitutes a hazard of life and property, it shall be declared to
be a common and public nuisance and its refilling by a certain date
shall be ordered.
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302.11.6 Failure to comply. If the owner fails
to comply with any order issued by the Commissioners of Rehoboth Beach
within the time specified in the order, the Commissioners of Rehoboth
Beach shall authorize the City Solicitor to file suit in a court of
competent jurisdiction against such owner and obtain the necessary
order to enforce the directions of the Commissioners of Rehoboth Beach.
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