The International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Rehoboth Beach, in the State of Delaware, and each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made part hereof, as if fully set out herein.
[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-16-2016 by Ord. No. 0916-02]
Section 101.1 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "[NAME OF JURISDICTION]" as such phrase appears therein and inserting in lieu thereof the phrase "the City of Rehoboth Beach."
Section 103.5 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting it in its entirety.
[Amended 6-21-2019 by Ord. No. 0619-01]
Section 106.3 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrases "misdemeanor or" and "as determined by the local municipality" and inserting after the phrase "civil infraction" the phrase "pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach."
[Amended 6-21-2019 by Ord. No. 0619-01; 11-21-2025 by Ord. No. 1125-02]
Section 106.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by striking Section 106.4, as Section 106.4 appears therein, and inserting in lieu thereof a new Section 106.4 as follows:
106.4 Violation penalties. Any person who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, where no specific penalty or assessment is provided therefor, the violation of any such provision of this chapter shall have committed a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach and pay a civil assessment established in the City Schedule of Fees and Penalties. Each day that a violation continues after due notice has been served shall be deemed a separate offense. |
Section 111 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting it in its entirety.
[Amended 11-21-2025 by Ord. No. 1125-02]
Section 112.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" as such phrase appears therein and inserting in lieu thereof the phrase "shall be liable to a fine established in the City Schedule of Fees and Penalties."
Section 302.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction to insert height in inches)" as such phrase appears therein and inserting in lieu thereof the phrase "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches."
Section 302.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by adding new Subsection 302.4.1 as follows:
302.4.1 Cost of removal by City; payment by owner. Whenever the City Manager has affected the removal of any unregulated growth or has paid for its removal pursuant to the provisions of this chapter, the actual cost thereof, together with an additional charge of 20% of the actual charge to defray administrative expenses, plus accrued interest at the rate of 6% per annum from the date of completion of the work, if not paid by the owner or occupier prior thereto, shall be charged to the owner or occupier of such property on the next regular tax bill by the City. Such charge shall be due and payable by the owner at the time of payment of such tax bill. |
Section 302 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by adding a new Subsections 302.10 and 302.11 to read as follows:
302.10 Restrictions in the event of a water shortage or emergency. | ||
A. | The City Manager shall be and he is hereby authorized to issue an order directing that water shall not be used for the sprinkling of streets, grass, shrubs and gardens in the event of a shortage of water or if an emergency exists. | |
B. | No person shall, directly or indirectly, use the water from the mains of the city for the purpose of sprinkling streets, grass, shrubbery and gardens if the City Manager has issued an order provided for in this section. | |
302.11 Uncovered excavation deemed abandoned. For the purposes of this article, an excavation for construction of a building which remains uncovered for a period of 30 days shall be considered to be an abandoned excavation. | ||
302.11.1 Maintenance declared a nuisance. The maintaining of abandoned excavations on any property located within the corporate limits of the City of Rehoboth Beach which constitute a serious hazard to life and property shall be a violation of this chapter. | ||
302.11.2 Investigation and report. Whenever the Building Inspector, the City Manager or the Commissioners of Rehoboth Beach receive any information that an abandoned excavation exists within the corporate limits of the City of Rehoboth Beach, the Building Inspector shall forthwith investigate and determine whether the excavation is an abandoned excavation constituting a serious hazard to life and property and shall make a report, in writing, to the Commissioners of Rehoboth Beach at the next regular meeting thereof, setting forth his findings and conclusions concerning the excavation. | ||
302.11.3 Notice of public hearing. If the Building Inspector concludes, following his investigation, that an excavation is an abandoned excavation, the Commissioners of Rehoboth Beach shall cause a notice to be directed to the owner of the building at his, her or their last known address, setting forth the findings and conclusions of the Building Inspector. The notice shall set a time and date for a public hearing before the Commissioners of Rehoboth Beach to afford the interested parties an opportunity to show cause, if any they have, why the excavation investigated by the Building Inspector should not be declared to be an abandoned excavation and a hazard to life and property and why it should not be ordered refilled. The date of the public hearing shall not be later than 20 days from the date of the notice. Any notice given pursuant to this section shall be by certified mail with return receipt requested. The Commissioners of Rehoboth Beach shall also direct that a copy of said notice be posted on the premises where the excavation exists. | ||
302.11.4 Presentation of evidence. At the public hearing, the owner of the building shall be permitted to present evidence why the excavation should not be declared an abandoned excavation and a common and public nuisance and why he should not be ordered to abate the condition by refilling such excavation. | ||
302.11.5 Findings. Following the hearing and presentation of any evidence by the owner, the Commissioners of Rehoboth Beach shall issue its findings and conclusions concerning the excavation. If it is found that the excavation is an abandoned excavation and constitutes a hazard of life and property, it shall be declared to be a common and public nuisance and its refilling by a certain date shall be ordered. | ||
302.11.6 Failure to comply. If the owner fails to comply with any order issued by the Commissioners of Rehoboth Beach within the time specified in the order, the Commissioners of Rehoboth Beach shall authorize the City Solicitor to file suit in a court of competent jurisdiction against such owner and obtain the necessary order to enforce the directions of the Commissioners of Rehoboth Beach. | ||
Section 304.14 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "During the period from [DATE] to [DATE]" as such phrase appears therein and inserting in lieu thereof the phrase "During the period from April 1 to September 30."
Section 602.3 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "during the period from [DATE] to [DATE]" as such phrase appears therein and inserting in lieu thereof the phrase "during the period from October 1 to March 31."
Section 602.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "during the period from [DATE] to [DATE]" as such phrase appears therein and inserting in lieu thereof the phrase "during the period from October 1 to March 31."
[Adopted 6-8-2026 by Ord. No. 0626-01]
A.
The purpose of this article is to establish a periodic inspection and reporting program for certain aging buildings and exterior building components to identify conditions requiring corrective maintenance, repair, or immediate protective measures in order to protect the public health, safety, and welfare.
B.
The inspections and reports required by this article constitute mandatory property-maintenance obligations. This article supplements—but does not replace—the City's adopted codes and enforcement authority, including Chapter 102, Building Construction, the International Existing Building Code, as adopted therein, the International Property Maintenance Code, as adopted in this chapter, and all other remedies available to the City relating to unsafe or dangerous structures or conditions. The identification, or failure to identify, a condition through this article shall not be deemed a determination of compliance with any other applicable requirement, nor shall it limit the City's authority to address unsafe, unsanitary, or otherwise unlawful conditions under any other provision of law.
C.
This article shall be implemented in a manner that is risk-based, phased where appropriate, and administratively executable, with particular consideration for coastal environmental exposure and publicly accessible frontage where falling hazards present heightened risk.
D.
Nothing in this article shall be construed to create a duty or liability on the part of the City, its officers, employees, or agents to any person or entity. The provisions of this article are adopted for the protection of the public health, safety, and welfare and shall not be interpreted as creating a private cause of action or expanding civil liability against the City.
A.
Governing definitions; no zoning amendment. The terms "building," "structure," "story," and "height" are used in this article solely for purposes of administering this property maintenance inspection program and shall not be construed to amend, supersede, or interpret Chapter 270, Zoning. Except as expressly defined herein, terms shall have the meanings set forth in the International Property Maintenance Code, as adopted in this chapter, and the building codes adopted in Chapter 102, as applicable.
B. BALCONY/DECK SYSTEM BUILDING HEIGHT BUILDING OFFICIAL/CODE OFFICIAL COVERED BUILDING(1) (2)
DESIGN PROFESSIONAL FACADE/BUILDING ENVELOPE LIMITED-SCOPE COVERED BUILDING OBSERVABLE DAMAGE PRIMARY LOAD-BEARING SYSTEM (PLBS) STORY
For purposes of this article, the following terms shall have the meanings indicated:
Any elevated exterior platform, balcony, deck, stair, landing, railing, guard, or associated structural attachment, including waterproofing interfaces, that is attached to or supported by a building and is accessible, occupiable, or located above an area of pedestrian access such that failure could create a falling hazard.
The height shown on the City's approved building permit plans and/or certificate of occupancy record, or, if unavailable, as measured and certified by the Design Professional in a manner consistent with the building codes adopted under Chapter 102.
Any building or structure located within the City meeting one or more of the following criteria:
Any building four stories or more or greater than 50 feet in height, excluding detached one-family dwellings; or
Any building or structure designated by the Building Official as requiring inspection under this article based on documented Observable Damage, coastal exposure, public occupancy characteristics, history of deterioration, or other objective risk factors reasonably indicating elevated life-safety risk, documented in writing and provided to the owner.
The story and height thresholds in this definition are program-eligibility criteria only and do not create, modify, or authorize any zoning entitlement, dimensional standard, or nonconformity determination under Chapter 270. |
A Delaware-licensed professional engineer and/or architect, as appropriate to the scope of work, competent by training and experience to perform the inspections required by this article and to sign and seal the required reports.
Exterior walls and wall-covering systems and any attached appurtenances, including but not limited to Balcony/Deck Systems, railings, parapets, cornices, and other exterior-mounted elements that may present falling hazards or indicate envelope failure.
A building that is three stories or less and otherwise excluded from the definition of "Covered Building," excluding detached one-family dwellings, but that contains one or more Balcony/Deck Systems or exterior appurtenances that, due to age, exposure, configuration, or Observable Damage, warrant a limited-scope inspection to address potential life-safety hazards.
Readily visible deterioration or distress, including cracking, spalling, corrosion staining, displacement, deflection, exposed reinforcement, advanced rot, chronic water-intrusion patterns, or similar visible indicators of deterioration or distress affecting structural elements, facade systems, or Balcony/Deck Systems.
The assemblage of structural components forming the continuous load path by which gravity and lateral forces are transferred to the foundation, including load-bearing walls, beams, columns, slabs, bracing, and connections.
The number of stories above grade as shown on the City's approved building permit plans and/or certificate of occupancy record, or, if unavailable, as determined and certified by the Design Professional based on the building's as-built configuration.
A.
There is hereby established an Aged Building Safety Inspection Program administered by the Building Official.
B.
The Building Official shall administer and enforce this article and shall determine whether submitted inspection reports and Repair Plans comply with the requirements and standards expressly set forth herein.
C.
Nothing in this article shall be construed as a certification, guarantee, or warranty by the City regarding the structural integrity, safety, or continued serviceability of any building or structure. Responsibility for evaluation, conclusions, and corrective work remains with the property owner and the licensed Design Professional preparing the required reports. The City's review or acceptance of any report, or failure to identify any condition, shall not be deemed a representation that a building or structure is free from defects or unsafe conditions.
D.
Where the Building Official determines that a building may qualify as a Covered Building under the definition of Covered Building in § 208-15, the Building Official shall provide written notice to the owner describing the basis for the proposed designation. The owner shall be provided not less than 15 days to submit information or request reconsideration prior to final designation.
E.
Where the number of stories or building height cannot be determined from City permit records, certificate-of-occupancy records, or other reliable records or documentation, the Building Official may rely on certification by the Design Professional based on the building's as-built configuration. If a dispute arises regarding the number of stories or building height for purposes of this article, the determination of the Building Official shall control, subject to the appeal provisions of § 208-25.
F.
Technical assistance. In administering this article, the Building Official may consult with or retain qualified licensed design professionals, including engineers or architects, to assist in the review of inspection reports, Repair Plans, and related submissions where the Building Official determines that such technical assistance would aid in the review. The Building Official may rely on such technical review in making determinations under this article.
A.
Initial inspection (age-based). Buildings meeting the definition of Covered Building in § 208-15 are subject to the inspection requirements of this article in accordance with the timing provisions of this section. Each Covered Building shall submit required inspection reports no later than 30 years after issuance of the building's original certificate of occupancy or equivalent first lawful occupancy authorization on record.
C.
Event-based inspection. If Observable Damage is present, or if conditions otherwise indicate potential risk to public safety, the Building Official may require inspection and reporting within 60 days, or sooner where circumstances warrant.
D.
Effect on recurring inspection cycle. Completion of an inspection required pursuant to Subsection C shall not, by itself, reset or modify the recurring inspection intervals established in Subsections H and I, unless the Building Official determines, based on the findings and recommendations of the Design Professional, that an adjusted inspection schedule is warranted.
E.
First-cycle compliance deadlines for existing covered buildings. For Covered Buildings existing as of the effective date of this article for which the thirty-year period under Subsection A has elapsed as of the effective date, first-cycle compliance with the inspection requirements of this article shall occur within 12 months after written notice from the Building Official that first-cycle compliance is required under this subsection, in accordance with the following deadlines:
(1)
Facade, building envelope, and Balcony/Deck System inspection reports under § 208-18B shall be submitted no later than 12 months after such written notice.
(2)
Primary Load-Bearing System inspection reports under § 208-18A shall be submitted no later than 12 months after such written notice.
A Covered Building existing as of the effective date of this article for which the thirty-year period under Subsection A has not elapsed as of the effective date shall comply in accordance with Subsection A. This subsection establishes first-cycle compliance deadlines only. Subsequent recurring inspections shall comply with the cadence established in Subsections H and I. Event-based inspection authority under Subsection C of this section is preserved and may be exercised independently of these first-cycle deadlines. |
F.
Limited-scope trigger. A Limited-Scope Covered Building shall comply with the facade and exterior inspection requirements of § 208-18B upon the earlier of 30 years after first lawful occupancy or written notice from the Building Official based on documented Observable Damage or risk factors.
G.
Notice. The City may provide notice to affected owners for administrative convenience. Except for the first-cycle compliance deadlines for existing covered buildings under Subsection E, which are triggered by written notice from the Building Official, as provided in that subsection, inspection deadlines under this article are determined by the objective criteria set forth herein, including building age, inspection cycle, and event-based triggers. Except as so provided in Subsection E, failure to receive notice shall not excuse or delay compliance.
H.
Facade and exterior inspection cadence. Facade, building envelope, and Balcony/Deck System inspections shall be performed at intervals not to exceed five years.
I.
Structural (PLBS) inspection cadence. Structural inspections of the Primary Load-Bearing System shall be performed at intervals not to exceed 10 years.
A.
Structural report (PLBS). For Covered Buildings, a Design Professional shall submit a signed and sealed report identifying conditions, urgency, corrective actions, and recommended inspection intervals.
B.
Facade/envelope/balcony-deck report. For Covered Buildings and Limited-Scope Covered Buildings, a signed and sealed report identifying deterioration, falling-hazard risks, corrective actions, and inspection intervals.
C.
Limited-scope option; facial-sufficiency criteria. Inspection scope may be limited where certified by the Design Professional as sufficient to address identified risks. To support this certification, the report shall include, on its face, the following elements:
(1)
A scope justification identifying the building areas, systems, and components included in and excluded from the inspection;
(2)
A methodology statement describing the inspection techniques, observation points, and any testing or analytical procedures employed; and
(3)
An explicit exclusion list identifying building areas, systems, or components not addressed in the inspection.
The Building Official may determine a submission to be noncompliant under § 208-19 where the required facial elements are absent or insufficient to evaluate the certified scope.
D.
Electrical evaluation documentation (as required). Where observable conditions indicate potential electrical hazards, deterioration of electrical components, evidence of overheating, arcing, or damage; where such evaluation is recommended in the inspection report prepared by the Design Professional; or where an event-based inspection is required pursuant to § 208-17C, the Building Official may require the owner to provide documentation that an electrical evaluation has been performed by an appropriately qualified electrical professional through the applicable permitting and third-party inspection processes. The Building Official's role under this subsection is administrative.
E.
Professional standards.
(1)
Inspection reports required by this article shall be prepared and certified by a Delaware-licensed Design Professional practicing within their area of competence and in accordance with generally accepted professional standards of engineering or architectural practice applicable to the evaluation of existing buildings and exterior building systems. At a minimum, inspection methodologies shall be consistent with nationally recognized technical standards applicable to the scope of evaluation, including:
(a)
Building envelope and facade systems — ASCE/SEI 30-14, Guideline for Condition Assessment of the Building Envelope; and
(b)
Structural systems — current nationally recognized guidelines and professional practices for the structural condition assessment of existing buildings, including guidance reflected in Structural Condition Assessment of Existing Buildings (ASCE, 2024), or equivalent or more comprehensive methodologies.
(2)
The Design Professional may employ alternative or more comprehensive methodologies, provided such methodologies are appropriate to the conditions observed and are supported by accepted engineering or architectural practice.
(3)
The Building Official shall determine whether submitted reports demonstrate a level of investigation reasonably sufficient to identify deterioration, distress, or conditions affecting structural integrity, facade stability, or life-safety risk, and may require clarification, supplemental evaluation, or additional investigation where necessary.
(4)
Nothing in this article shall require compliance with current construction codes solely due to the age of a building or structure.
B.
A submission shall be deemed noncompliant where it fails to address the required inspection elements of § 208-18, lacks required professional certification, omits material findings necessary to evaluate building conditions, or otherwise fails to demonstrate compliance with the sufficiency standard set forth in § 208-18E.
A.
Where deficiencies are identified, the owner shall submit a Repair Plan within 30 days after issuance of a "Compliant subject to Repair Plan" determination. The Building Official may, upon written request and for good cause shown, grant a reasonable extension of this deadline, provided that no unsafe or imminently dangerous condition exists requiring immediate corrective action.
B.
The Repair Plan shall include scope of work, sequencing, interim protective measures, if applicable, and identification of required permits.
D.
The Repair Plan shall include proposed completion timelines recommended by the Design Professional. The Building Official may approve, require modification of, or reject the Repair Plan based on reasonableness, public safety, consistency with the findings and recommendations of the Design Professional's inspection report, and the adequacy of any proposed interim protective measures. Where unsafe or imminently dangerous conditions exist, the Building Official may require immediate protective measures or accelerated action consistent with authority under the International Property Maintenance Code and Chapter 102.
E.
Where corrective work involves structural components, facade or envelope systems, Balcony/Deck Systems, or other life-safety conditions identified in the required inspection report, the owner shall submit a final signed and sealed letter or report from the Design Professional confirming completion of corrective work in accordance with the approved Repair Plan and applicable standards.
Nothing in this article limits the City's authority to take immediate action under applicable codes where unsafe or imminently dangerous conditions exist.
A.
General enforcement authority. Failure to comply with the requirements of this article, including required inspections, reports, Repair Plans, or corrective work, constitutes a violation subject to enforcement under the International Property Maintenance Code and other applicable provisions of the City Code.
B.
Unsafe condition, nuisance, or emergency protective action. Where deficiencies identified through required inspections are not corrected in accordance with an approved Repair Plan, the Building Official may pursue all remedies available under the adopted codes, including notices of violation, orders to repair or correct unsafe conditions, emergency protective action, and other enforcement actions authorized by law.
C.
Owner reimbursement and charges due the City. The owner of any Covered Building or Limited-Scope Covered Building shall reimburse the City for all reasonable costs incurred by the City in connection with the abatement of unsafe conditions, the abatement of nuisances, or the taking of emergency protective action arising from or related to the requirements of this article, including engineering, architectural, professional, legal, and administrative costs. Any such costs shall constitute charges due the City and shall be collectible and lienable in accordance with the City Charter, including §§ 30 and 31, or any successor provisions, and other applicable law. The remedies under this subsection are tied to and arise from the City's authority to address unsafe conditions, nuisance, or emergency protective action under this article, Chapter 102, the adopted codes, the City Charter, or other applicable law.
D.
Access refusal or obstruction. Failure to provide reasonable access for required inspections upon notice constitutes a violation subject to enforcement under the City Code.
A.
It shall be unlawful for the owner of any Covered Building or Limited-Scope Covered Building to sell, transfer, mortgage, lease, or otherwise dispose of the building, where the owner has received a notice of violation, a Noncompliant submission determination under § 208-19, an order to repair or correct, or a "Compliant subject to Repair Plan" determination for which the Repair Plan has not been approved or completed, or where a required inspection report is past due, until the owner first furnishes the grantee, transferee, mortgagee, or lessee with a written copy of the outstanding obligation and obtains a signed and notarized statement from such person acknowledging receipt and accepting responsibility for compliance with the outstanding obligation.
B.
Any inspection, reporting, Repair Plan, corrective work, recordkeeping, or cost-recovery obligation outstanding at the time of conveyance remains enforceable against the transferor and against any grantee, transferee, mortgagee, or lessee who has accepted responsibility for the obligation under Subsection A. Conveyance of a Covered Building or Limited-Scope Covered Building does not by itself discharge any such outstanding obligation.
C.
The Building Official may require documentation of compliance with this section as a condition of any administrative approval issued under this article following a transfer of ownership.
Administrative review fees, if any, shall be established by resolution. All professional and repair costs shall be borne by the owner.
A.
Right of appeal; designation. Any person aggrieved by a final administrative determination of the Building Official made under this article shall have the right to appeal to the Board of Adjustment, which is hereby designated as the appellate body for purposes of this article. The procedures of the Board of Adjustment as established under the City Code shall govern appeals under this section, except as expressly modified herein.
B.
Grounds for appeal. An appeal under this section shall be based on a claim that the true intent of this article or the rules legally adopted hereunder has been incorrectly interpreted, that the provisions of this article do not fully apply, or that an equally good or better form of construction is proposed, consistent with the City's standard for building-code appeals to the Board of Adjustment under Chapter 102, Article XVIII, Appeals, as may be amended. Final administrative determinations subject to appeal under this section include, without limitation, designation determinations under § 208-16, including whether the requirements of this article apply to the building in question, report-sufficiency or noncompliant-submission determinations under §§ 208-18 and 208-19, and Repair Plan determinations under § 208-20.
C.
Filing; transmittal of record. An appeal under this section shall be filed in accordance with the procedures, time requirements and rules applicable to the manner and within the time provided for appeals to the Board of Adjustment. The notice of appeal shall specify the grounds for appeal and shall be filed with the Building Official and the Board of Adjustment. The Building Official shall transmit to the Board of Adjustment the record upon which the determination appealed from was made.
D.
Stay of enforcement; preservation of authority. To the extent the City Code or the rules governing appeals to the Board of Adjustment would otherwise stay proceedings upon the filing of an appeal, that stay shall not apply under this section where the Building Official has determined that unsafe or imminently dangerous conditions exist. In such circumstances, an appeal shall not stay enforcement of any requirement, order, Repair Plan obligation, corrective measure, emergency protective action, or other action necessary to address the unsafe or imminently dangerous condition. The right of appeal under this section does not limit, stay, or displace the City's independent authority under the International Property Maintenance Code, the International Existing Building Code, Chapter 102, this Chapter, the City Charter, or other applicable law to address unsafe conditions, imminent danger, nuisance, emergency protective action, abatement, enforcement, or cost recovery.
E.
Limitation of authority. The Board of Adjustment shall have no authority to waive or modify inspection, certification, or corrective requirements necessary to address unsafe conditions.
This article shall take effect on the 8th day of June 2026.