This chapter shall be known as the "Housing Code of the Town of Selbyville."
This code is hereby declared to be remedial and shall be construed to
secure the beneficial interest and purposes thereof, which are public safety,
health and general welfare, through structural strength, stability, sanitation,
adequate light and ventilation and safety to life and property from fire and
other hazards incident to the construction, alteration, repair, removal, demolition,
use and occupancy of residential buildings.
The provisions of this code shall apply to all buildings or portions
thereof used, or designed or intended to be used, for habitation, regardless
of when such building or buildings may have been constructed.
Buildings or structures moved into or within the jurisdiction of the
Town of Selbyville shall comply with the requirements of this code.
Alterations, repairs or rehabilitation work may be done to any existing
building without requiring the building to comply with all the requirements
of this code, provided that the alteration, repair or rehabilitation work
conforms to the requirements of this code for new construction. The Code Enforcement
Official shall determine, subject to appeal to the Board of Adjustments and
Appeals, the extent, if any, to which the existing building shall be made
to conform to the requirements of this code for new construction.
Alterations, repairs or rehabilitation work shall not cause an existing
building to become unsafe.
If the occupancy classification of an existing building is changed,
the building shall be made to conform to the intent of this code for new occupancy
classification as established by the Code Enforcement Official.
Repairs and alterations not covered by the preceding sections of this
chapter, restoring a building to its condition previous to damage or deterioration,
or altering it in conformity with the provisions of this code or in such manner
as will not extend or increase an existing nonconformity or hazard, may be
made with the same kind of materials as those which the building is constructed,
but not more than 25% of the roof covering of the building shall be replaced
in any period of 12 months unless the entire roof covering is made to comply
with the requirements of this code for new buildings.
All buildings or structures, both existing and new, and all parts thereof
shall be maintained in a safe and sanitary condition. All devices or safeguards
which are required by this code in a building when erected, altered or repaired
shall be maintained in good working order. The owner, or his designated agent,
shall be responsible for the maintenance of buildings, structures and premises.
Nothing in this code shall be construed to modify, cancel or set aside any provision of Chapter 200, Zoning, of the Code of the Town of Selbyville.
The provisions of this chapter shall be liberally construed to minimize
displacement of persons whose dwelling units may deviate from the specifications
of this chapter but do not pose an imminent threat to the health, safety or
general welfare of the occupants and other persons. Additionally, this chapter
shall be construed liberally so as to minimize hardships to persons that inhabit
or own dwellings which deviate from the specifications of this chapter but
do not pose an imminent treat to the health, safety and general welfare of
the applicants and other persons.
The provisions of this chapter shall be enforced by the Code Enforcement
Official.
An officer or employee of the Town of Selbyville shall not be financially
interested in the furnishing of labor, material or appliances for the construction,
alteration or maintenance of a building, or in the making of plans or specification
therefor, unless he is the owner of such building. Such officer or employee
shall not engage in any work which is inconsistent with his duties or with
the interest of the Town.
The Code Enforcement Official shall keep, or cause to be kept, a record
concerning enforcement of this chapter. The records of the Code Enforcement
Official relating to enforcement of this chapter shall be open to public inspection.
The Code Enforcement Official shall enforce the provisions of this chapter,
and he or his duly authorized representative, upon presentation of proper
identification to the owner, agent or tenant in charge of such property, may
enter any building, structure, dwelling, apartment, apartment house or premises
during all reasonable hours, except in cases of emergency where extreme hazards
are known to exist which may involve the potential loss of life or severe
property damage, in which event the above limitations shall not be applicable.
All residential building or structures used as such which are unsafe,
unsanitary, unfit for human habitation, or not provided with adequate egress,
or which constitute a fire hazard, or which are otherwise dangerous to human
life, or which in relation to existing use constitute a hazard to safety or
to health by reason of inadequate maintenance, dilapidation, obsolescence
or abandonment, are hereby considered unsafe buildings. All such unsafe buildings
are hereby declared illegal and a common and public nuisance and may be abated
by repair and rehabilitation or by demolition in accordance with the following
procedure:
A.
Abatement procedure. Whenever the Code Enforcement Official
determines that there are reasonable grounds to believe that there has been
a violation of any provision of this chapter or of any rule or regulation
adopted pursuant thereto, he shall give notice of such alleged violation to
the person or persons responsible therefor, and such alleged violation shall
constitute a common and public nuisance. Such notice shall:
(1)
Be put in writing.
(2)
ldentify and describe the real property.
(3)
Include a statement of the reasons why the notice is
being issued.
(4)
Allow not less than 30 days for the performance of any
act which the notice requires.
(5)
State that, if such repairs, reconstruction, alterations,
removal or demolition are not voluntarily completed within the stated time
as set forth in the notice, the Code Enforcement Official shall institute
such legal proceedings charging the person or persons, firm, corporation or
agent with the violation of the provisions of this chapter.
B.
Service of notice. Service of the notice shall be as
follows:
(1)
By delivery to the owners personally or by leaving the
notice at the usual place of abode of the owner with a person of suitable
age and discretion; or
(2)
By depositing the notice in the United States Post Office,
addressed to the owner at his last known address, with postage prepaid; or
(3)
By posting and keeping posted for 24 hours a copy of
the notice in a conspicuous place on the premises to which the notice relates.
Any requirement not specifically covered by this chapter found necessary
for the safety, health and general welfare of the occupants of any dwelling
shall be determined by the Code Enforcement Official subject to appeal to
the Board of Adjustments and Appeals.
Any officer or employee or member of the Board of Adjustments and Appeals
charged with the enforcement of any provision of this chapter in the discharge
of his duties shall not render himself personally liable, and he is hereby
relieved from all personal liability for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties. Any suit brought against any officer or employee because of
any action taken pursuant to the provisions of this chapter shall be defended
by the Town until final termination of the proceedings.
The Code Enforcement Official shall submit a report to the Town Council
covering the work of enforcement of this chapter during the preceding year.
The Code Enforcement Officer shall incorporate in said report a summary of
the decisions of the Board of Adjustments and Appeals during said year.
The Code Enforcement Official shall make or cause to be made inspections
to determine the condition of residential building or premises in the interest
of safeguarding the health and safety of the occupants of such buildings and
of the general public. For the purpose of making such inspections, the Code
Enforcement Official, or his duly authorized agent, is hereby authorized to
enter, examine and survey at all reasonable times all residential building
and premises. The owner or occupant of every residential building or the person
in charge thereof shall give the Code Enforcement Official free access to
such residential building and its premises at all reasonable time for the
purpose of inspection, examination and survey. If any owner, occupant or other
person in charge of a residential building or premises refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to any part
of said building or premises, the Code Enforcement Official is authorized
to seek from a court of competent jurisdiction an order that such owner, occupant
or other person in charge of said premises cease and desist from such interference.
The Code Enforcement Official or his duly authorized agent shall present proper
evidence of the official's or representative's respective office
for the purpose of demonstrating authority to enter any building or structure.
A.
Any person, firm or corporation or agent thereof who
shall violate any provision of this chapter or shall fail to comply therewith
or with any of the requirements thereof or who shall erect, construct, alter,
demolish or move any structure, or has erected, constructed, altered, repaired,
moved or demolished a building or structure in violation of this chapter shall
be deemed guilty of a violation and, upon conviction thereof, shall be fined
not less than $25 nor more than $500 and shall pay the costs of prosecution,
including the Town's attorneys' fees and Victims' Compensation
Fund. For purposes of this chapter each day during which any violation of
any of the provisions of this chapter occurs shall be deemed to be a separate
offense.
B.
In the event any violation order is not promptly complied with, the Code Enforcement Official with constable powers pursuant to § 2901 of Title 10, Delaware Code, may issue a citation and, in cases involving first offenders of this code, may assess a fine of $100. Any person, firm or corporation accused of a violation under this chapter may settle and compromise the claim against him/her/it for such violation, notice of which is given under this subsection, by paying to the Town the sum of $100 and by correcting such violation within 48 hours of the time such alleged offense was committed. By agreeing to such settled or compromised claim the violator shall be deemed to have pled guilty to the violation for purposes of Subsection A above. Such payment shall be in addition to any and all fees owed the Town.
[Amended 6-3-2002]
C.
In addition to the penalties prescribed in Subsection A of this section, the Town Council may direct the Town Solicitor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation or
alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy or use of the structure or a
part thereof erected, constructed, installed or altered in violation of or
not in compliance with the provisions of this code, or in violation of a plan
or specification under which an approval, permit or certification was issued.
