It is the purpose of this chapter to have all grass cut and
not to exceed a height of eight inches and to eliminate noxious weeds
and other vegetation except trees, ornamental flowers and bushes in
order to preserve and enhance neighborhood quality, maintain property
values and to protect the public health, safety and general welfare
of the property owners and residents of the Town of Millville.
This chapter is declared to be remedial and shall be construed
to secure the beneficial intent and purposes thereof which are to
eliminate dangerous conditions detrimental to the public good and
to protect the public health, safety and general welfare of the property
owners and residents of the Town of Millville.
For the purpose of this chapter, the following definitions shall
be applicable unless the context clearly indicates to the contrary.
Any growth of weeds such as Johnson grass, jimson grass,
burdock, ragweed, thistle, cocklebur, white mustard, foxtail, and
any noxious weed vegetation specified by the State of Delaware Department
of Agriculture.
Includes the duly appointed or designated Town Manager of
the Town of Millville, as well as such other person under his or her
supervision who is directed to enforce the provisions hereof.
It shall be unlawful for the owner of any property or the tenant
of any owner to permit or maintain the growth of any grass or other
vegetation more than eight inches in height anywhere in the Town of
Millville, and the growth of grass or other vegetation higher than
eight inches is hereby declared to be detrimental to the public health,
safety and general welfare of the property owners and residents of
the Town of Millville and a common and public nuisance.
It shall be unlawful for the owner of any property or the tenant
of any owner to permit or maintain the growth of noxious weeds anywhere
in the Town of Millville, and the growth of noxious weeds anywhere
in the Town of Millville is hereby declared to be detrimental to the
public health, safety and general welfare of the property owners and
residents of the Town of Millville and a common and public nuisance.
It shall be unlawful for the owner of any property or the tenant
of any owner to plant, maintain or permit the growth of the bush of
the species of tall, common or European barberry, further known as
"Berberis vulgaris," or its horticultural varieties anywhere in the
Town of Millville, and such growth is hereby declared to be detrimental
to the public health, safety and general welfare of the property owners
and residents of the Town of Millville and a common and public nuisance.
It shall be unlawful for the owner of any property to permit
any tree, bush or other vegetation to overhang any public sidewalk,
public street or right-of-way so that its branches obstruct the light
from any streetlamp, the view of any street location, the visibility
of traffic signs or the passage of pedestrians and vehicles. Trees,
bushes and other vegetation shall be trimmed to a clearance height
of 10 feet over sidewalks and 14 feet over streets. Said owner shall
also remove all dead, diseased or hazardous trees, or broken or decayed
limbs, that are detrimental to the public health, safety and general
welfare of the property owners and residents of the Town of Millville
and a common and public nuisance.
It shall be unlawful for any person to knowingly cause grass
clippings or other debris or waste produced in conjunction with yard
maintenance or gardening onto the streets, alleys, and other public
roads of the Town of Millville. A homeowner is responsible to ensure
that any persons hired to cut his/her grass or maintain his/her yard
abide by this section. Any grass or waste which inadvertently is caused
to enter the streets or alleys of the Town shall be promptly removed;
there is no grace period within which to remove grass clippings, other
debris or waste.
It shall be unlawful for the owner, lessee or tenant of any
premises abutting on any sidewalk or curb in the Town to permit such
sidewalk or curb to become covered with sand, leaves, or dirt or to
become unclean, or to permit grass, weeds or other vegetation to grow
on or extend over such sidewalk or curb, and any owner, lessee or
tenant of any premises abutting on any such sidewalk or curb in the
Town who shall fail or refuse to keep the same clean and free from
sand, leaves, or dirt, grass, weeds or other vegetation or who shall
permit such sidewalk or curb to become covered with dirt, sand, or
leaves or to become unclean, or shall permit weeds, grass or other
vegetation to grow on or extend over the sidewalk or curb shall be
subject to penalties as outlined in this chapter.
It shall be unlawful for the owner of any property or the tenant
of any owner to permit or maintain the growth of any other vegetation
more than eight inches in height except for trees, flowers or other
ornamental plants, and such growth is hereby declared to be detrimental
to the public health, safety and general welfare of the property owners
and residents of the Town of Millville and a common and public nuisance.
The Town Manager, or his/her designee, upon complaint from two
or more residents of the Town of Millville, or upon his/her own observation,
shall investigate to determine whether there is a growth of grass,
noxious weeds or other vegetation on property located within the corporate
limits of the Town of Millville in violation of the provisions of
this chapter.
If the Town Manager, or his/her designee, following his/her
investigation, determines that there is growth of grass, noxious weeds
or other vegetation on property located within the corporate limits
of the Town of Millville in violation of the provisions of this chapter,
the Town Manager shall notify the property owner or tenant at his
or her last known address, in writing, by certified mail with return
receipt requested, postage prepaid, to have said growth of grass,
noxious weeds or other vegetation being maintained on said property
in violation of this chapter cut or otherwise remedied within five
days from the date of delivery of the written notice, as aforesaid.
Upon the failure of the property owner or tenant to have said
growth of grass, noxious weeds or other vegetation being maintained
in violation of the provisions of this chapter cut or otherwise remedied
within the time specified as aforesaid, the Town Manager may proceed
to cause said growth of grass, noxious weeds or other vegetation being
maintained in violation of this chapter cut or otherwise remedied
at the expense of the owner of said property and, when completed,
a bill for the cost thereby incurred as determined by the contractor
hired by the Town Manager in the name of the Town of Millville shall,
as soon as convenient thereafter, be presented by certified mail with
return receipt requested and postage prepaid to the owner of said
property or the tenant of said owner.
If the bill so presented by the Town Manager on behalf of the
Town of Millville shall not be paid within 30 days following delivery
thereof by certified mail with return requested and postage prepaid,
the Town Manager of the Town of Millville may institute an action
in the corporate name in any court of competent jurisdiction in the
State of Delaware for the collection of the debt to collect the same
in a manner now or hereafter provided for the collection of judgments
in the State of Delaware or he or she may be proceed by any other
method provided in the Charter of the Town of Millville for the collection
of debts due the Town of Millville.
The owner of any property within the Town of Millville or the
tenant of said owner having in any one year received notice pursuant
to the provisions of this chapter shall be deemed to have received
notice for the remainder of the year that on the first day of each
month commencing May 1 through October 31, both dates inclusive, the
Town may, without further notice, cut, destroy and remove at the expense
of the owner of said property any growth being maintained on said
property in violation of the provisions of this chapter.
In addition to any other remedy provided for in this chapter and because the purpose of this chapter is to safeguard and protect the public health, safety and general welfare of the property owners and residents of the Town of Millville, the Town Manager is hereby authorized to bring an action in a court of competent jurisdiction to enjoin any violation of the provisions of §§ 111-4, 111-5, 111-6 or 111-7 of this chapter.
