Every owner of any area, lot or parcel of land in the Town shall cut, trim or remove or cause to be cut, trimmed or removed any tree or shrub such that it shall not constitute a health hazard, fire hazard, safety or traffic hazard or public nuisance. "Trees and shrubs" shall be defined as any woody perennial plant with one or more main stems.
[HISTORY: Adopted by the Mayor and Council of the Town of Delmar, Delaware, as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-7-1991 by Ord. No. 86]
A.
The Code Enforcement Officer of the Town of Delmar is hereby authorized and empowered to give written notice to the owner of any lot or parcel of land who has permitted a tree or shrub to become a public hazard to cut, trim or remove the same, as the case may require, within 10 days from the date of such notice.
B.
In the event an owner has been given a notice to trim, cut or remove a tree or shrub and then receives a subsequent notice in regard to the same tree or shrub in the same calendar year, then the period of time provided to trim, cut or remove the tree or shrub shall be two days.
C.
Any notice required by this article shall be deemed to have been served when served by any of the following methods:
(1)
When forwarded to the last-known address of the owner of the land as recorded in the real estate assessment records of the Town of Delmar by registered or certified mail, with return receipt requested, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or a person of suitable age and discretion located at such address, provided that valid service upon the owner shall be deemed effective if such service shall be refused by the owner and not delivered for that reason;
(2)
When delivered to the person to be notified;
(3)
When left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein;
(4)
If service cannot be effected as provided for above, then if published for three consecutive days in a daily newspaper circulated in the Town of Delmar and a copy of same posted on the subject property.
[Added at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
A person who does not comply with the provisions of this chapter is guilty of a municipal violation, and the penalty shall be $50 for each initial offense and $100 for each subsequent offense. Each day a violation continues is a separate offense.
In the event of failure, neglect or refusal of any owner duly notified, pursuant to § 457-2 hereof, to trim, cut or remove a tree or shrub from his property within the applicable time period specified in the notice, the Code Enforcement Officer of the Town of Delmar shall have the power or authority to order the trimming, cutting or removal of or contract to trim, cut or remove such tree or shrub on any such lot or parcel of land in the Town of Delmar and assess the cost against the property.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
The cost or expense of such work ordered by the Code Enforcement Officer of the Town of Delmar, plus a charge set by the Mayor and Council for administrative costs incurred under this article, unless paid in full by the property owner within 30 days after the same is billed by the Town, shall become a lien on the property and shall draw interest from and after such 30 days at the same rate that applies to real estate taxes.
This article will become effective 20 days after its adoption.
[Adopted 7-25-2011 by Ord. No. 160]
This article shall be known and cited as the "Grass and Weed Control Ordinance".
For the purposes of this article, the following words shall have the meaning given herein:
The cultivation of land or similar agrarian activity.
Any person, firm, conservator, receiver or officer who owns, holds or controls the whole, or any part of the freehold title (control of the freehold title is not intended to mean a tenant under any type of written or oral tenancy), to any real property, including, but not limited to, vacant land, buildings, dwelling units, commercial real property, etc., with or without accompanying actual possession thereof, and shall include, in addition to the holder of legal title, any vendee in possession thereof, but shall not include a mortgagee unless such mortgagee or trustee is in actual possession.
All grasses, annual plants and vegetation other than trees and shrubs, excluding, however, cultivated flowers and gardens and vegetation cultivated for agricultural purposes.
Every owner of any area, lot or parcel of land shall cut, trim or otherwise remove or cause to be removed all weeds, grass, brush or vegetation more than six inches in height on any lot within the Town of Delmar unless said property is in agricultural production.
Every owner of any area, lot or parcel of land in the Town of Delmar shall maintain their respective curbs, gutters and sidewalks bordering their parcels of land in such condition as to be clear of all growth and cuttings of grass, weeds, brush or vegetation within the curb, gutter or sidewalk.
A.
The Town of Delmar Code Enforcement Officer is hereby authorized to notify, in writing, the owner of the property as determined by the official tax rolls of the Town of Delmar to cut, remove and destroy such grass and weeds and/or remove and dispose of growing grass and other plants growing through, onto, or over such sidewalks from the subject property within seven days from the date of said notice.
B.
An owner of any property will be given only one notice per calendar year after which the Town shall cut the grass after each additional violation.
C.
Any notice required by this article to be served shall be deemed to have been served when served by any of the following methods:
(1)
When forwarded to the last-known address of the owner as recorded in the real estate assessment records of the Town of Delmar, by registered or certified mail, with return receipt, and such receipt shall constitute prima facie evidence of service upon such owner if such receipt is signed either by the owner or by a person of suitable age and discretion located at such address; or
(2)
When personally delivered to the person to be notified; or
(3)
When left at the usual residence or place of business of the person to be notified with a person of suitable age and discretion then resident or employed therein; or
(4)
If service cannot be effected as provided for above, then if published for three consecutive days in a daily newspaper circulated in the Town of Delmar and a copy of same posted on the subject property.
D.
The minimum content of any notice given under this article will contain:
(1)
The name of the owner (if the property is a rental property, a statement to the effect that a copy of the notice is being sent to the tenant of the property in violation).
(2)
The address of the property.
(3)
The nature of the offense.
(4)
The nature of the action required to be taken to correct the violation and the date by which such action must be taken.
(5)
The action that the Town will take if the violation is not corrected within the time specified.
(6)
The fee charged by the Town for any corrective action taken by the Town.
(7)
The point of contact for the Town, including the name, address and telephone number.
Upon the failure, neglect or refusal of any owner so notified to cut, remove and clean such grass and weeds and/or remove and dispose of growing grass and other plants growing through, onto, or over such sidewalks within the applicable specified time in the service of notice, as provided for in this article, the Town of Delmar Code Enforcement Officer is hereby authorized and empowered to cause such condition to be corrected by having the Public Works Department go upon such property and abate such nuisance by cutting, removing and cleaning such grass and weeds, and/or removing of growing grass and other plants growing through, onto, or over such sidewalks and is hereby authorized and empowered to pay for the disposing of such rubbish or to order its disposal by the Town of Delmar Department of Public Works.
[Amended at time of adoption of Code (see Ch. 305, General Provisions, Art. I)]
When the Town of Delmar has effected the cutting, removal and cleaning of such grass and weeds and/or removal and disposal of growing grass and other plants growing through, into, or over such sidewalks by its own employees or has paid for the cutting, removal and cleaning of such grass and weeds and/or removal and disposal of growing grass and other plants growing through, into, or over such sidewalks by its agents or contractors, the actual costs thereof and any related expenses, along with an administrative fee in an amount set from time to time by the Mayor and Council, shall be charged to the owner of such property and, if not sooner paid, such charge will be carried on the records of the Town of Delmar and shall be collectible in the same manner as real estate taxes are collected.
A.
There is hereby established in the Town and accounted for within the general account a separate restricted fund balance account. The purpose of this account is for paying the costs of correction and all expenses incident thereto that the Town may order or cause pursuant to this article. The Mayor and Council, upon approval of four-fifths vote, may fund increases or decrease the amount of this account during any time of the year. This account is established and is to be used for said purposes as long as the Mayor and Council may deem appropriate.
B.
There shall be deposited to the credit of the account such amounts as may be appropriated for the account or for the purposes of the account; the charges assessed and collected pursuant to this article; and all other receipts of whatever nature derived from the operation of the account.
C.
Not later than six months after the end of each fiscal year, the head of the Finance Department shall submit to the Mayor and Council a report of the financial condition of the account and the results of the operations and collections for such fiscal year. Said report shall include, but not be limited to, the itemized amounts of unrecovered actual costs, related expenses and administrative fees, along with the names of delinquent property owners.
D.
Any actual costs, related expenses and administrative fees authorized to be collected under this article may be paid without interest within 60 days from the date the Town effected removal of such rubbish. Interest of 1 1/2% per month shall be charged on all unpaid amounts from the expiration of 60 days from the date of such removal. If any or part thereof shall remain unpaid after the expiration of one year from the date of such removal, the subject property may be sold for any unpaid portion thereof with interest and administrative fees thereon at a tax or monition sale in the same manner and under the same conditions as property sold for delinquent general real estate taxes if said actual costs, related expenses and administrative fees with interest and administrative fees thereon shall not have been paid in full prior to said sale.
Where the full amount due the Town is not paid by such owner within 30 days after the cutting, removing and cleaning such grass and weeds and/or removing and disposing of growing grass and other plants growing through, onto, or over such sidewalks, then the Code Enforcement Officer shall cause to be notarized and filed with the Sussex County Recorder of Deeds Office for the Town a sworn statement showing the costs and expense incurred for the work, the administrative fees, the date the work was done and the location of the property on which such work was done.
A.
The correction of any condition by the Town of Delmar under authority of this article shall not relieve the owner of the property on which such condition existed or arose from criminal prosecution or punishment, whether misdemeanor or municipal infraction, for having caused or allowed such unlawful condition to arise or for having failed or refused to correct the same.
B.
If any section or part of section of this article shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this article or the context in which such section or part of section so held invalid appears, except to the extent that an entire section or part of section may be inseparably connected in meaning and effect with the section or part of section to which such holding shall apply.
Within 10 days from the service of notice as provided for in this article, the owner or his agent may file an appeal to the Mayor and Council of Delmar, DE, stating in detail the reasons as to why the action proposed by the Code Enforcement Officer should not be taken. Upon receipt of such appeal, the Mayor and Council of Delmar, DE, shall put the cause on its agenda at its earliest convenience, notify the protestant thereof and hear the merits of the appeal. The Mayor and Council of Delmar, DE, may reverse the action of the Code Enforcement Officer for any error of fact or law, or upon a finding that the enforcement constitutes an undue hardship upon the property owner which the property owner is physically or financially unable to comply with. If the protestant is dissatisfied with the decision of the Mayor and Council, Delmar, DE, shall have the right to appeal to the Superior Court of the County, provided that such appeal be taken within 30 days after the protestant is notified (either at the hearing or in writing) of the Mayor and Council of Delmar, DE, decision.