Chapter 175: Property Maintenance

[1]

Editor's Note: This ordinance superseded former Ch, 175, Property Maintenance, adopted 6-11-1996 by Ord. No. 96-12, as amended.

§ 175-1 Adoption of International Property Maintenance Code.

The International Property Maintenance Code, 2018 edition, published by the International Code Council, Inc., is hereby adopted as the Kent County Property Maintenance Code for the control of properties, buildings, and structures as herein provided. All the sections, conditions, and terms of the International Property Maintenance Code, 2018 edition, are hereby referred to, adopted and made a part of this chapter as if fully set out herein, with the additions, insertions, deletions, and changes, if any, prescribed in § 175-2.

§ 175-2 Amendments to International Property Maintenance Code.

[Amended 10-14-2025 by Ord. No. 25-19]

Certain sections and subsections of the International Property Maintenance Code, 2018 edition, adopted in § 175-1, are hereby added, deleted, amended, changed and clarified as follows.

Chapter 1, Administration.

(1)

Section 101, General.

(a)

Section 101.1, Title, is amended by deleting the subsection in its entirety and substituting the following:

Section 101.1, Title. These regulations shall be known as the "Kent County Property Maintenance Code," hereinafter referred to as "this chapter."

(b)

Section 101.1.1, Jurisdiction, is added as a new subsection to read as follows:

Section 101.1.1. Jurisdiction. This chapter shall regulate all housing and property maintenance on properties located in unincorporated Kent County and in any of the incorporated municipalities that elect to have Kent County provide code enforcement services. Municipalities must make a formal request from their elected body in order for Kent County to assume enforcement of these property maintenance standards. Kent County Levy Court must take official action consenting to provide code enforcement services and may develop a fee schedule to offset additional costs. Kent County shall not be responsible for any costs related to legal action as part of municipal code enforcement.

(c)

Section 101.4, Severability, is amended by deleting the subsection in its entirety and substituting the following:

Section 101.4. Severability. The provisions of this chapter shall be severable. If any provision of this chapter is found by a court of competent jurisdiction to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this chapter.

(d)

Section 101.5, Conflict, is added as a new subsection to read as follows:

Section 101.5. Conflict. Where there is a conflict between a provision in this chapter and another chapter of the Kent County Code, the most-restrictive provision shall apply.

(e)

Section 101.6, No liability created, is added as a new subsection to read as follows:

Section 101.6. No liability created. Nothing in this chapter shall create any liability for loss or damage resulting from the failure of the County to perform any responsibility set forth in this chapter or obligate the County to make any appropriation or expend any money not appropriated for any purpose set forth in this chapter.

(f)

Section 101.7, Effect upon suits, proceedings, rights, liabilities, is added as a new subsection to read as follows:

Section 101.7. Effect upon suits, proceedings, rights, liabilities. Nothing in this chapter or in any of the codes hereby adopted shall be construed to affect any suit or proceeding pending in any court or any rights acquired or liability incurred or any causes of action acquired or existing under any act or ordinance hereby repealed, nor shall any just or legal right or remedy of any character be lost, impaired, or affected by this chapter.

(2)

Section 106, Violations.

(a)

Section 106, Violations, is amended by deleting items 106.1 through 106.5 in their entirety and substituting the following:

Any person who violates any provision(s) of this chapter or shall fail to comply with any of the requirements hereof shall be subject to any of the enforcement mechanisms and penalties outlined in Chapter 90, Violations and Complaints, as amended.

(3)

Section 107, Notices and Orders.

(a)

Section 107,. Notices and Orders, is amended by deleting items 107.1 through 107.3 in their entirety and substituting the following:

All notices and orders shall be served as provided in Chapter 90, Violations and Complaints, as amended.

(4)

Section 111, Means of Appeal.

(a)

Section 111, Means of Appeal, is amended by deleting items 111.1 through 111.8 in their entirety and substituting the following:

Any person aggrieved by any administrative enforcement action taken pursuant to this chapter, or any person who in good faith claims that the true intent of this chapter or the rules legally adopted there under have been incorrectly interpreted, the provisions of this chapter do not fully apply, or an equally good or better form of construction is proposed shall have the right to appeal to the Board of Appeals as provided in Chapter 90, Violations and Complaints, as amended.

Section 302.4. Prohibited growth of weeds and grass.

A.	Weeds and grass shall be no greater than 12 inches high on any parcel except as provided below. Notwithstanding Chapter 90, Violations and Complaints, § 90-3, the property owner or responsible party shall have five days following notice to cure the violation. If the violation is not cured, the Code Official will take action to remediate the violation. The County will pursue cost recovery in accordance with Chapter 90, Violations and Complaints.
B.	Exception. Weeds do not include: (a) ornamental shrubs and trees, (b) a wildflower meadow maintained and located no less than 10 feet from any property line.
C.	Application to agricultural parcels. This section shall not apply to any parcel that is a farm or property used exclusively for agricultural purposes.
D.	Natural Resource Area Plan. This section shall not apply to any parcel or portion thereof to the extent that it conflicts with a County- or state-approved plan, including, but not limited to, a landscape plan, record plan, reforestation plan or natural resource area management plan.
E.	Trees. Outside of wooded areas, all trees shall be free from dead limbs or branches and dead trees shall be removed.
F.	Shrubbery. All shrubbery shall be maintained so as not to encroach upon or extend beyond the line of any walkway or driveway. All shrubbery shall be trimmed from blocking any doors or hatchways.
G.	Application to wooded areas. The provisions on high weeds and grass shall not apply to wooded areas, including, but not limited to, young and mature forest and critical natural areas.