The provisions of this chapter shall apply to all violations of any provision of the Code of the Town of Fenwick Island that is, or may hereafter be declared, a civil offense provision by reference to this chapter. The remedies provided to the Town under this chapter are in addition to, and not in lieu of, any remedies otherwise provided to the Town for a violation of the Code.
[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 2-28-2025. Amendments noted where applicable.]
Any Town police officer, the Town Manager, and/or the Building Official, or their designees, as appropriate, is authorized to issue a citation to any person violating any provision of the Code that is, or may be declared, a civil offense provision, upon a reasonable and articulable suspicion that a violation of such provision of the Code has occurred. Any citation issued pursuant to this chapter may be delivered in person, left at the person's last known address or place of business, or sent by overnight delivery or U.S. mail to the person's last known address or place of business.
A.
Except as provided herein, the amount of the civil fine(s) to be assessed by the Town for a violation of a civil offense provision shall be as set forth in a chapter or section of the Code that declares a civil offense provision by reference to this chapter.
B.
In the event the amount of the civil fine(s) to be assessed by the Town for a violation of a civil offense provision is not set forth in a chapter or section of the Code that declares a civil offense provision by reference to this chapter, then the amount of such civil fine(s) shall be as set forth below:
Any person cited for a violation of a civil offense provision pursuant to this chapter shall have the opportunity to:
A.
Cure the violation, within 15 days of receiving a citation, to the reasonable satisfaction of the individual issuing the citation and pay to the Town, within 15 days of receiving a citation, a voluntary assessment in the amount set forth in the chapter or section of the Code that declares a civil offense provision by reference to this chapter, or $250, whichever is greater; or
B.
Appeal the issuance of the citation to the Town Council by filing a written notification by certified mail to the Town Clerk requesting an appeal and a hearing at the next scheduled Town Council meeting. Said notice of appeal shall be mailed by certified mail to the Town Clerk within 15 calendar days of the date of the citation.
A.
In the event a person cited for a violation of a civil offense provision fails to either (a) cure the violation, within 15 days of receiving a citation, to the reasonable satisfaction of the individual issuing the citation and (b) pay to the Town, within 15 days of receiving a citation, a voluntary assessment in the amount of $250; or (c) successfully appeal the issuance of the citation to the Town Council, the Town may initiate civil enforcement proceedings in a court of competent jurisdiction to obtain a judgment for an amount that includes, but is not limited to, the amount(s) assessed by the Town and to enjoin the person from continuing the violation. In the event the Town obtains a judgment in such civil enforcement proceedings, the Town shall be entitled to recover its costs and attorneys’ fees incurred to obtain such a judgment.
B.
Pursuant to Title 25, Chapter 29, of the Delaware Code, any fines imposed by any court for violations of this chapter, or any civil fine imposed pursuant to this chapter, shall create a lien(s) upon that parcel of real property in respect of which such fines have been assessed or imposed. The unpaid amounts of such fines shall be collectible by the means provided for the collection of delinquent taxes in the Town Charter.
Separate civil and criminal proceedings may be instituted where both civil and criminal offenses occur in the same incident.
This chapter shall not be deemed to impair or limit the rights of the Town to seek full restitution or pursue any and all legal and equitable remedies against any person that may be available to the Town arising from or related to a violation of the Code.