[Derived from Ch. 11, Art. 12, of the prior Code; amended
in its entirety 6-4-2018 by Ord.
No. 2018-002]
A.
Unless the provision in question specifically provides for other
penalties, any person who violates a provision of a chapter of this
Code shall be fined $99 for the first offense and $250 for each subsequent
or continuing offense. Each day that a violation continues shall be
deemed a separation violation.
B.
Option to pay fines directly to Town. Any fine associated with the
violation of any section of the Code, as set forth above, may be paid
directly to the Town of Milton by the due date stated in the notice
of violation. If fines are not paid or violations are not remedied,
or both, the Town may seek enforcement in a Delaware court of competent
jurisdiction.
C.
Code enforcement; general procedures.
(1)
When a Code violation is reported, the Code Enforcement Officer will
investigate promptly. Complaints can be relayed by phone, e-mail,
or in person at Town Hall. A record shall be kept of all complaints
pursuant to Town recordkeeping policy.
(2)
If a violation is verified, enforcement action will be taken. Unless
otherwise provided by the Code:
(a)
A door hanger notifying the property owner or occupant of the
violation(s) is placed on the property and a notice of deficiency
is mailed by certified mail to the property owner of record.
(b)
If a violation remains after the number of days indicated in
the notice of deficiency for correction, a first notice of violation
will be issued with the corresponding fine assessed, and sent via
certified mail to the property owner of record.
(c)
If a violation remains after the number of days indicated in
the first notice of violation for correction, a second notice of violation
will be issued with the corresponding additional fine assessed, and
sent via mail to the property owner of record.
(d)
If a violation remains after the number of days indicated in
the second notice of violation for correction, a summons to appear
in court will be issued to the property owner of record.
(e)
In appropriate cases, duplicate notices may also be mailed or
provided to residents or tenants of the property, if not owner/occupied,
posted on the property, or both, as well as mailed to the owner of
record.
D.
Amount of fine to be paid. The amount due to be paid directly to the Town shall be the minimum amount due as set forth in § 1-18A.
E.
Records. The Town shall keep a complete record of all payments made
to the Town in accordance with this article.
F.
Summons. Code Enforcement Officers are authorized to issue a summons
to enforce the minimum fines due for violations of the following chapters
of the Code:
Chapter Title
|
Chapter Number
|
---|---|
Animals
|
63
|
Building Construction
|
85
|
Burning, Open
|
89
|
Business Licenses
|
93
|
Housing Standards
|
136
|
Nuisances
|
152
|
Rental Properties
|
164
|
Street and Sidewalks
|
183
|
Trailers and Camping
|
198
|
Vehicles, Abandoned or Inoperable
|
208
|
Vehicles and Traffic
|
209
|
Water
|
215
|
G.
Notices to be mailed.
(1)
Any notice issued for failure to comply with the specific chapter
of the Town Code shall be mailed by certified mail to the owner of
record of the property that is the subject of the violation at the
owner's last known address as shown on the assessment records
of the Town.
(2)
In appropriate cases, duplicate notices may also be mailed or provided
to residents or tenants of the property, if not owner occupied, posted
on the property, or both, as well as mailed to the owner of record.
H.
In addition, any person in violation shall become liable to the Town
for any expense, loss or damage suffered by the Town by reason of
such violation, including, but not limited to, the Town's engineers'
fees, the Town's attorneys' fees and costs of prosecution.
I.
In addition, the Mayor and Town Council may direct the Town Solicitor
or other attorneys to proceed at law or in equity against any person
responsible for the violation for the purpose of enjoining any continued
or subsequent violation.