[HISTORY: Adopted by the Levy Court of Kent County 6-15-1999 by Ord. No. 99-12; amended in its entirety 8-13-2024 by Ord. No. 24-21.[1] Amendments noted where applicable.]
[1]
Editor's Note: Former amendments include: Ord. No. 16-10.
A. 
The intent of this chapter is to provide the people of Kent County, Delaware with the assurance that a mechanism exists to address all violations of Kent County codes and ordinances. Each chapter of the Code contains provisions describing the violations, notice requirements, and enforcement procedures intended to apply to violations of that chapter; the procedures of this chapter will supplement if the enforcement of a particular violation is provided for in another chapter of the Code.
B. 
This chapter hereby ordains that persons previously found and served notice of an offense of county law are not afforded any grace period for compliance if they are found to be responsible for any future offenses of the same nature on any property in Kent County.
C. 
The counting of calendar days regarding any violation shall begin either when the certified mail is sent, or a correction order is delivered in person, and/or when the property has been posted.
D. 
Notwithstanding any provision in this Chapter or in the Kent County Code, the County reserves the right to take immediate enforcement action when necessitated by an imminent threat or risk to public safety, health, and welfare, and where the degree of exigency shall be determined by the County Administrator, County Attorney, and/or Director of Planning. The County may institute appropriate legal proceedings at law or in equity to restrain, correct or abate any violations of the County Code.
E. 
The procedures established in and through this Chapter cross reference, consolidate or incorporate by reference, as applicable, enforcement methods established elsewhere in the Kent County Code, in order to create a process for prompt Code compliance, administrative due process and effective enforcement. The procedures in this Chapter may be used as a supplement to administrative, criminal or judicial enforcement action, or both, or in lieu thereof. Selection of one method shall not preclude the use of any other method or combination of methods when appropriate. Nothing in this Chapter shall be deemed to limit or preclude the authority of Enforcement Constables under Chapter 14 of the Kent County Code.
A. 
Initial complaint: Complaint is made by resident or field observation of department staff member of an alleged violation of a county code.
B. 
Case generated: Inspection and Enforcement employee enters complaint information into violation management system and assigns number.
C. 
Constable or appropriate County designee is assigned: Enforcement Constable or appropriate County designee is assigned complaint/violation.
D. 
Field observation: Constable or County designee inspects site and determines if violation exists, posts property citing violation and length of time allotted for compliance. Hand delivers correction order to responsible party if available.
E. 
Letter of violation: Prepared to be sent to owner or responsible party if personal contact cannot be established.
F. 
Follow up inspection: Return visit after allotted grace period elapses to determine if compliance has been achieved or extension of time is warranted.
G. 
Enforcement: If after the time allotted the violation is not brought into compliance with county regulations, the violator(s) shall be subject to the penalty and enforcement provisions provided in this chapter and in the appropriate sections of the County Code.
[Amended 10-14-2025 by Ord. No. 25-20]
A. 
The following categories of violations of provisions set forth in Kent County codes and ordinances will have 48 hours to comply:
(1) 
Safety violation: Public and/or personal safety and welfare, including, but not limited to, all railings, fencing and barrier requirements.
(2) 
Health violation: By way of illustration, a sanitation problem, stagnant water, rodent and or nuisance insect infestation.
(3) 
Structures without permits: Any structure covered by the provisions of the Kent County codes and supplements thereto found to be under construction and/or built, renovated, demolished, placed or altered without a building permit.
(4) 
Hazardous situations: By way of illustration, open pits, wells and septic systems. Structures in imminent danger of collapsing.
(5) 
Smoke detectors: Lack of required operating smoke detectors.
(6) 
Mechanical equipment: Any mechanical equipment, including water heaters, fireplaces and solid-fuel-burning appliances not installed properly and/or maintained in a safe working condition.
B. 
All remaining violations of Chapter 101, Accessory Dwelling Units, Chapter 105, Building Construction, Chapter 116, Drainage Standards, Chapter 143, Housing Standards, Chapter 156, Manufactured Homes, Chapter 171, Parking, Chapter 175, Property Maintenance, Chapter 187, Subdivision and Land Development, Chapter 188, Floodplain Management, and Chapter 205, Zoning, shall be remediated within five to 30 days as deemed appropriate by the designated County Official. Extensions may be granted at the discretion of the designated County Official.
The County Administrator, County Attorney, and/or Director of Planning and/or their designees are authorized to utilize and initiate the procedures established in this chapter and in the County Code.
[Amended 10-14-2025 by Ord. No. 25-20]
A. 
Service. Except as provided herein, whenever a notice is required to be given under the County Code for the enforcement of a proposed order or for hearing or appeals purposes, the notice shall be served by any of the following methods, unless different provisions are otherwise specifically stated to apply:
(1) 
Delivered to the owner of record and any responsible party personally; or
(2) 
Mailed by certified United States mail or by overnight mail and addressed to the owner of record and responsible party at his or her last known address as reflected by Kent County records; and
(3) 
Posted in a conspicuous place on the property affected by such notice.
(4) 
Exceptions. In no case shall the Code Official or designated official be required to provide a violation notice to:
(a) 
Any owner or person previously provided notice pursuant to this section or under any former Code provision where the same Code violation is alleged to exist by the Department of Planning Services, a Code Enforcement Constable, or an appropriate designee thereof. This exception shall apply regardless of whether the new violation exists on the same property for which notice had previously been given or a different property; or
(b) 
In the event that a violation exists or is reasonably believed to exist, because work is being done in an unsafe or dangerous manner, jeopardizes the health, safety or welfare of the public, or is being done (or was done) in the absence of necessary permit(s), license(s) or registration(s).
(c) 
In no case shall the Code Official be required by this section to provide a violation notice within a twelve-month period to any owner or person responsible previously provided notice pursuant to this section or under any former code provision where the same code violation is alleged by the Code Official to exist.
B. 
Lien notice. Service of notice through which a lien will be placed upon real property will be in accordance with applicable statutes and regulations.
C. 
Failure to receive. The failure of any party or person with an interest in the property or the proceeding to receive any notice which has been duly sent or posted in accordance with this section shall not affect the validity of any proceedings taken under this Code.
Corrective actions that may be required of a responsible party include, but are not limited to, removing encroachments into public property, mitigating or restoring land or adjoining properties, removing or modifying blockages of ways or easement, removing or relocating structures or improvements, abating hazardous conditions, removing untagged or unlicensed vehicles, removing trash and debris, cutting tall grass and/or weeds, requiring a responsible party to secure all necessary approvals and/or permits, and any other such corrective action as deemed necessary to ensure compliance with the County Code.
A. 
Where a violation includes unauthorized work without permits, work in violation of a stop work order, or changes or alterations to a property in violation of any County Code, proceedings may be undertaken to require the property to be restored to its original, unaltered conditions. Such actions include, but are not limited to, seeking an injunction, and order of specific performance, or Order of Restoration from a court of competent jurisdiction in Kent County.
B. 
Restoration orders authorize the County or an authorized private contractor to enter upon property and restore the property to its original, unaltered condition. Enforcement costs may be imposed against the responsible party and noncomplying property.
[Amended 10-14-2025 by Ord. No. 25-20]
Pursuant to Title 9, Chapter 56 and Title 25, Chapter 29 of the Delaware Code, the County Officials identified in § 90-4 shall have the authority to issue ticket(s) to the owner of a property, regardless of whether the owner actually resides upon the property, including any vacant lots, for all property maintenance violations, including but not limited to, violations of Chapter 101, Accessory Dwelling Units, Chapter 171, Parking, Chapter 175, Property Maintenance, and Chapter 205, Zoning.
A. 
Procedure. Whenever a County Official receives a complaint that there has been an alleged violation(s) of the above-referenced sections, the County shall inspect the property to determine whether a violation(s) has occurred. If a violation(s) has occurred, a notice of violation(s) shall be given to the owner of the property. Notice may also be given to the person responsible for the subject property. The owner and/or person responsible shall be accountable for correcting such violation(s) within the time allotted by the Code Official or designee. If the Code Official determines that the violation(s) remains after the established compliance period, the owner of the property on which such noncompliance exists shall be subject to, and liable for, an administrative fine (ticket) in the amount of $100 for the first ticket, $200 for the second, and $300 for subsequent tickets within one year. Administrative fines shall double if not paid within 30 calendar days from the date of the ticket. In no case shall the County be required by this section to provide notice within a twelve-month period to any owner previously provided notice pursuant to this section where the same Code violation exists.
B. 
Administrative fines. Any ticket issued for failure to comply with any provision identified above shall be mailed or personally delivered to the owner of the property that is the subject of the ticket and may be mailed or personally delivered to the person responsible for the property. Pursuant to 9 Del. C. § 5607 and 25 Del. C. § 2901, administrative fines may be added to the County property tax billings for the property which was the subject of the ticket. Additional administrative fines shall also double if not paid within 30 calendar days from the date of the respective ticket.
C. 
Continuing violations. After the recipient of a ticket(s) has an opportunity to appeal the ticket(s) as permitted below the violation shall constitute a continuing violation; a ticket for the same violation may be issued each day the violation continues and a separate penalty for each day may be imposed.
D. 
State of mind. It shall be unnecessary to prove the violator's state of mind with regard to the failure to comply with any provision of this section, as the legislative purpose is to impose strict liability for such noncompliance.
E. 
Appeals. The owner of or person responsible for a property aggrieved by any administrative fine imposed may appeal the ticket to the Board of Appeals in accordance with § 90-18.
A. 
The County Officials identified in § 90-4 are authorized to issue personally, or to serve in accordance with the County Code, a written cease-and-desist order upon any person violating a provision of the County Code through which work is being performed without a permit, if required, or in violation of an issued permit, or any other actions that constitute a violation of any provision of the County Code. If the party served with a Cease-and-Desist Order fails to comply, the County Attorney or their designee is authorized to seek any legal remedy available including injunctive relief from a court of competent jurisdiction to enforce the Order.
B. 
Violation of a cease-and-desist order is a separate misdemeanor. Any person who violates a provision of this code or fails to comply with any of the requirements of this code will, upon conviction, be guilty of a misdemeanor and subject to a fine of not less than $100 nor more than $10,000, or by imprisonment not exceeding 10 days, or both such fine and imprisonment. The minimum fine of $100 is mandatory and not subject to suspension. Each day that a violation continues will be deemed a separate offense. The County is also permitted to seek any available remedies at law or in equity to abate violations.
[Added 10-14-2025 by Ord. No. 25-20[1]]
The County may initiate action to remedy a violation, including but not limited to demolition of unsafe structures, cutting tall weeds and grass, towing vehicles, and maintenance of trees and shrubs. Upon completion of such remedial work, the violator shall be provided with the opportunity to reimburse the County for the cost incurred. The owner of the property or person responsible for the building, structure, premises, or equipment shall be responsible for all costs associated with the enforcement of this Code and the investigation, removal, remediation, or abatement of Code violations, including the costs of reports, studies, and opinions prepared by design professionals, the institution and maintenance of temporary safeguards, restoration of unsafe buildings, structures or equipment, demolition, and reasonable attorney fees associated with the above.
[1]
Editor's Note: This ordinance also renumbered former §§ 90-10 through 90-17 as §§ 90-11 through 90-18, respectively.
[Amended 10-14-2025 by Ord. No. 25-20]
A. 
Civil penalties. Any person who violates a provision of the Kent County Code or fails to comply with any of the requirements thereof, or of a permit or certificate issued under the provisions of this code, shall be charged with a violation of this section and shall be fined according to the following schedule:
(1) 
$50 to $100 per day for any first offense.
(2) 
$100 to $250 per day for any second offense.
(3) 
$250 to $500 per day for any third offense.
Any person who violates any provision(s) of the Kent County Code, or has land use related violations, or fails to comply with any of the requirements hereof, or who maintains, erects, constructs, alters, or repairs a building, structure or premises in violation of an approved plan or directive of the Department of Planning Services, or of a permit or a certificate issued under this chapter, shall be considered "not in good standing." No land use application, building permit, certificate of occupancy, or building inspection services shall be granted by any Kent County department or Board of Kent County if the applicant is not in good standing with Kent County. Notice of the Department's determination shall be sent to the applicant in writing, outlining the basis for the conclusion that the applicant is not in good standing. This provision shall be waived by the Director if the land use application or permit is necessary to correct the violation(s).
A. 
Costs and penalties that may be recovered and enforced against responsible parties under this Chapter and pursuant to the enforcement provisions of other chapters of the County Code include, but are not limited to, the following:
(1) 
The County's direct costs of enforcement, together with applicable overhead;
(2) 
Costs of salary and applicable overhead of those County employees and contract personnel involved in the investigation, enforcement and remediation or abatement of a nuisance and/or the correction of a violation;
(3) 
County costs for equipment use or rental;
(4) 
Attorney's fees;
(5) 
Court costs and witness fees;
(6) 
Costs of engineering and other technical services and studies;
(7) 
Administrative fines and civil penalties imposed pursuant to the Code; and
(8) 
Any other fee, cost, or expense reasonably and rationally related to the County's enforcement efforts to abate a nuisance or correct a violation of the Code.
[Amended 10-14-2025 by Ord. No. 25-20]
Following the conclusion of the County's remediation, abatement or corrective actions, the County Administrator or their designee shall notify the property owner and appropriate responsible parties of a proposed assessment of costs against each individually and as a lien or assessment against the real property that was the subject of abatement or corrective action. A $50 administrative fee for processing vendor requests and providing vendor services shall be charged for each instance such service is provided.
A. 
The County Officials described in § 90-4 may enforce the collection of the costs determined pursuant to § 90-13:
(1) 
As a personal obligation against a responsible party; and
(2) 
Either:
(a) 
As a recorded lien with the priority of a judgment lien in the real property records of Kent County against any real property which was the subject of abatement or corrective action; or
(b) 
As an assessment against the property, which was subject to abatement or corrective action, to be collected in the same manner as municipal taxes.
B. 
The County Officials described in § 90-9 are authorized to obtain judicial enforcement for the foreclosure of the lien, where appropriate.
C. 
Any lien against the property shall be collected in the same manner as unpaid taxes and subject to recovery through monition sale as authorized by state law.
Upon payment in full by one or more responsible parties for all costs of enforcement and the satisfactory completion of all corrective action(s) required, the County Administrator or designee shall promptly issue to all responsible parties a notice of compliance. The notice of compliance will be signed and identify the affected real property by address and be recorded in the real property records of the county by the County Administrator or designee if a lien was recorded.
Each day a violation exists is a continuing and additional violation, and all remedies, penalties and assessments are cumulative. Prosecution under this chapter does not bar prosecution or administrative enforcement, or both, of the previous underlying violations for any or all days the violation had been in existence, or for the continuance of the underlying violation.
[Amended 10-14-2025 by Ord. No. 25-20]
A. 
Appeal to the Board of Appeals. 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. The Board shall not have the authority to waive any requirement of the Kent County Code.
B. 
Time. All appeals shall be filed with the Board of Appeals within 10 days of the date the notice of violation or ticket issued by the Constable. A public hearing will then be afforded to the appellant within 45 days of the filing of the appeal, or as soon as can practically be heard.
C. 
Written decision. The Board of Appeals shall make findings of fact and shall render a decision in writing based upon the record created at the public hearing within 20 days.
D. 
Actions that can be taken. The Board of Appeals may affirm or deny the action appealed, provided that such action shall be affirmed by the Board if the action was not arbitrary or capricious or was not taken pursuant to law.
E. 
If a stay of the action being appealed is desired, a written request must be submitted in writing to the Director of the Department of Planning Services. The stay will be granted unless the Code Official can demonstrate that the granting of the stay would jeopardize the health, safety or welfare of the public. If there are any health and safety risks, then the appeal of the Kent County Board of Appeals shall not operate as a stay of any administrative or enforcement action taken by the Department of Planning Services unless together the Chairman of said Board and the designated County official jointly agree to the stay. Said agreement will be in writing with the copies presented the Board Chair.
F. 
The fee for filing an appeal under this section is set forth in Chapter 128 of the Kent County Code. Such fee shall be refunded to the applicant if it prevails on all issues presented to the Board after any right(s) to appeal have expired or have been exhausted.
G. 
An aggrieved party may seek review of a decision of the Board of Appeals by filing a petition for a common law writ of certiorari in the Delaware Superior Court.