[HISTORY: Adopted by the Commissioners of the Town of Henlopen
Acres 7-12-2019. Amendments noted where applicable.]
All buildings and structures, and all parts thereof, shall be
maintained in a safe, sanitary and nonhazardous manner. All means
of egress, devices, safeguards and equipment shall be kept in good
working order. The exterior of all premises and the condition of all
buildings, structures and components thereon shall be maintained,
so as to prevent deterioration. The appearance thereof shall reflect
a level of maintenance in keeping with the standards of the neighborhood
and with all applicable ordinances of the Town of Henlopen Acres.
Any properties not meeting the standards of this chapter shall constitute
a nuisance and a violation of this chapter.
A.
Maintenance of structures. Each property owner shall keep all exterior
components of every structure in good repair, including but not limited
to walls, roofs, chimneys, cornices, gutters, downspouts, drains,
porches, steps, landings, exterior stairs, windows, shutters, doors
and awnings.
(1)
All surfaces shall be covered with a protective coating, such as
paint, or other material which preserves the structure and does not
contribute to deterioration.
(2)
All surfaces shall be maintained free of deterioration, including
but not limited to broken glass, loose or missing shingles or siding,
crumbling brick, stone and mortar, and peeling, scaling or deteriorated
paint.
(3)
Exterior walls. All exterior walls shall be free from holes, breaks,
and loose or rotting materials; and maintained weatherproof and properly
surface coated where required to prevent deterioration.
(4)
Chimneys, towers, exhausts. All chimneys, towers, exhausts, vents
and similar appurtenances shall be maintained structurally safe and
sound, and in good repair. All exposed surfaces of metal or wood shall
be protected from the elements and against decay or rust by periodic
application of weather-coating materials, such as paint or similar
surface treatment.
(5)
All premises and landscape elements shall be maintained in a safe
and sanitary condition, including but not limited to steps, walks,
driveways, fences, retaining walls, trees, shrubs, grass and weeds.
If any such area or object constitutes a danger to health or safety,
it shall be repaired, replaced or removed.
(6)
All paved driveways and walks which exist within the public right-of-way
shall be maintained in safe condition.
(7)
All fences, retaining walls or similar structures shall be firmly
anchored in the ground and maintained in good structural repair. Wooden
elements or other elements subject to deterioration from weathering
shall be maintained with chemicals or paint to preserve the element
and to retard deterioration.
(8)
All yards, courts or lots shall be kept free of accumulation of trash,
garbage waste, rubbish, refuse, junk, and other noxious or offensive
materials or substances which may cause a fire hazard or may act as
a breeding place for vermin or insects. Storage of miscellaneous items
must be within enclosed structures or screened.
A.
Whenever a Town Manager, Zoning Officer or Town Official is aware
of the existence of a nuisance, as herein enumerated, it shall be
his or her duty to mail or serve a written notice on or to the property
owner of record and occupant of the property upon which such nuisance
exists, to remove and abate such nuisance within a period of 30 days.
Such notice shall advise the recipient that such recipient may, in
writing, request a hearing before the Mayor and Town Manager concerning
whether or not a violation exists, provided that such written request
shall be mailed or delivered to the Town office prior to the expiration
of the days specified herein.
B.
If any official of the Town named in Subsection A shall be unable to serve notice personally upon such property owner, owner's agent and occupant, the notice may be given by posting the same in some conspicuous place on the property.
C.
Any person so notified who shall fail, neglect or refuse to remove
or abate such nuisance within the time specified shall, upon conviction,
be guilty of a violation of this chapter.
After the receipt of the copy of the notice required by § 91-
3 above and the affidavit of the official serving of such, the Mayor
and Town Manager shall conduct a hearing, if requested by the property
owner, owner's agent or occupant of the property in question,
not later than 10 days after the request therefore is made, provided
that for good cause the enforcement officer may postpone such hearing
for a reasonable time. If, after a hearing, the Mayor and Town Manager
find that no violation exists, he shall withdraw the notice. If the
violation is substantiated, the property owner shall proceed immediately
with the removal of the nuisance(s).
Any violation of any provision of this chapter is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code. Any property owner violating any provision of this chapter shall pay a civil assessment of $100 per day and shall also pay the Town's court costs and expenses, including its attorneys' fees. A separate violation shall be deemed committed each day during or on which a violation occurs or continues.
