All residential buildings 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
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. 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.
B. Such notice shall:
(2) Include a description of the real estate sufficient for
identification.
(3) State the time the occupants must vacate the dwelling
units.
(4) Include a statement of the reasons why the notice is
being issued.
(5) Allow not less than 30 days for the performance of any
act which the notice requires.
(6) Include an explanation of the owner's or the occupant's
right or both of them to seek modification or withdrawal of the notice by
petition to the Board of Adjustments and Appeals having jurisdiction.
(7) State the penalties for noncompliance.
Service of the notice shall be as follows:
A. By delivery to the owner personally or by leaving the
notice at the usual place of abode of the owner with a person of suitable
age or discretion; or
B. By depositing the notice in the United States Post Office,
addressed to the owner at his last known address, with postage prepaid; or
C. 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
and by publication of such notice in a newspaper in general circulation in
the Town of Selbyville.
Any dwelling or dwelling unit which is found to have any of the following
defects shall be condenmed as unfit for human habitation and declared to be
a common and public nuisance and shall be so designated and placarded by the
Building Inspector:
A. One which is so damaged, decayed, dilapidated, unsanitary,
unsafe or vermin-infested that it creates a serious hazard to the health or
safety of the occupants or the public.
B. One which lacks elimination, ventilation or sanitation
facilities adequate to protect the health or safety of the occupants or the
public.
C. One in which unsafe equipment, including any boiler,
heating equipment, elevator, moving stairway, electrical wiring or device,
flammable-liquid containers or other equipment. on the premises or within
the structure, are found to be a hazard to the life, health, property or safety
of the public or occupants of the premises or structure.
Whenever the Code Enforcement Official has determined that there has
been a violation of this chapter or has declared a dwelling or multiple dwelling
as unfit for human habitation and constituting a common and public nuisance,
he shall give notice to the owner of such property and shall placard the dwelling
or multiple dwelling as unfit for human habitation. Such notice shall:
B. Include a description of the real estate sufficient for
identification.
C. State the time the occupants must vacate the dwelling
units.
D. Include an order allowing a reasonable time for repairs
and improvements required to bring the dwelling unit into compliance with
the provisions of this chapter.
E. Include an explanation of the owner's and/or the
occupant's right to seek modification or withdrawal of the notice by
petition to the Board of Adjustments and Appeals having jurisdiction.
F. State the penalties for noncompliance.
Service shall be deemed to be properly served upon the owner or occupant,
or both of them, as follows:
A. By delivery to the owner personally or to the occupant
personally, or to both of them, by leaving the notice at the usual place of
abode of the owner with a person of suitable age and discretion; or
B. By depositing the notice in the United States Post Office,
addressed to the owner at his last known address, by certified mail with return
receipt requested and postage prepaid; or
C. By posting and keeping posted for 24 hours a copy of
the notice in placard form in a conspicuous place on the premises and by publication
of such notice in a newspaper of general circulation in the Town of Selbyville.
When a condemnation order is served on an occupant, other than the owner
or person responsible for such compliance, the Code Enforcement Official shall
allow the owner or occupant a reasonable time to vacate the property after
noncompliance shall be stated. Owners or persons responsible for compliance
must vacate at the time set for correction of the defects if there is a failure
of compliance.
It shall be unlawful for the owner of any dwelling unit or structure
who has received a compliance order or upon whom a notice of violation has
been served to sell, transfer, mortgage, lease or otherwise dispose of such
property to another until the provision of the compliance order or notice
of violation has received compliance or until the owner shall first furnish
the grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the Code Enforcement Official and shall
furnish to the Code Enforcement Official a signed and notarized statement
from the grantee, transferee, mortgagee or lessee acknowledging receipt of
a copy of the compliance order or notice of violation and fully accepting
the responsibility without condition for making the corrections or repairs
required by such compliance order or notice of violation.
After the condemnation notice required under the provisions of this
chapter has resulted in an order by virtue of failure to comply within the
time given, the Code Enforcement Official may post on the premises or structure
or parts thereof, or on defective equipment, a placard bearing the words "condemned
as unfit for human occupancy or use" and a statement of the penalties provided
for any occupancy or use or for removing the placard. The owner or the person
or persons responsible for the correction of violations and all other occupants
shall remove themselves from the property on failure to comply with the correction
order within the time specified.
Any person who shall occupy a placarded premises or structure or a part
thereof, or who shall use placarded equipment, and any owner or any person
responsible for the premises who shall let anyone occupy a placarded premises,
shall be deemed guilty of a misdemeanor and shall be subject to the penalties
provided for in this chapter.
The Code Enforcement Official shall remove the condemnation placard
whenever the defect or defects upon which the condemnation and placarding
action were based have been eliminated. Any person who defaces or removes
a condemnation placard without the approval of the Code Enforcement Official
shall be subject to the penalties provided by this chapter.
Whenever the Code Enforcement Official finds that an emergency exists
on any premises or in any structure or part thereof or on any defective equipment
which requires immediate action to protect the health and safety of the public
or that of the occupants thereof, the Code Enforcement Official may, with
proper notice and service in accordance with the provisions of this chapter,
issue an order reciting the existence of such emergency and requiring the
vacating of the premises or requiring that such action be taken as the Code
Enforcement Official deems necessary to meet such emergency. Notwithstanding
any other provision of this chapter, such order shall be effective immediately,
and the premises or equipment involved shall be placarded immediately upon
service of the order.
Any person to whom such an order is directed shall comply therewith.
The person to whom such an order is directed may thereafter, upon petition
directed to the Board of Adjustments and Appeals, be afforded a hearing as
prescribed in this chapter. Depending upon the findings of the Board of Adjustments
and Appeals at such hearing as to whether the provisions of this chapter and
the rules and regulations adopted pursuant thereto have received compliance,
the Board of Adjustments and Appeals shall continue such order to modify or
revoke it.
The Code Enforcement Official may order the owner of any premises upon
which is located any structure or part thereof which, in the judgment of the
Code Enforcement Official, is so old or dilapidated or has become so out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human
habitation, occupancy or use so that it would be unreasonable to repair the
same, to raze and remove such structure or a part thereof, or, if it can be
made safe by repair, to repair and make safe and sanitary or to raze and remove
at the owner's option, or, where there has been a cessation of normal
construction of any structure for a period of more than six months to raze
and remove such structure or a part thereof.
The order shall specify a time within which the owner shall comply therewith
and specify the repairs, if any. It shall be served on the owner of record
or an agent where an agent is in charge of the building and upon the holder
of any lien in the manner provided in this chapter for service of condemned
buildings. If the owner or holder of a lien of record cannot be found, the
order may be served by posting it on the main entrance of the building and
by publishing it once each week for three successive weeks in a newspaper
of general circulation in the Town of Selbyville.
Whenever the owner of a property fails to comply with the demolition
order within the time prescribed, the Code Enforcement Official may institute
or cause to be instituted a suit in a court of competent jurisdiction to have
the building so demolished at the cost and expense of the owner, including
the Town's reasonable attorneys' fees, and the cost of the razing
and removal of such building or structure shall become a lien pursuant to
the Charter of the Town of Selbyville.
Any owner or tenant of a structure affected by the order of the Code
Enforcement Official to demolish may, within 30 days after service of such
order, apply to a court of competent jurisdiction for an order restraining
the Code Enforcement Official from demolishing such building or part thereof.
The court to which the application is made shall determine whether the order
of the Code Enforcement Official is reasonable, and, if found to be unreasonable,
the court may issue an order restraining the Code Enforcement Official from
proceeding.
When any structure has been ordered razed and removed, the Code Enforcement
Official or his designated representative may sell the salvage and valuable
materials resulting from such razing or removal, such materials to be sold
at the highest price obtainable. The net proceeds of such sale, after deducting
the expenses of razing and removal, shall be promptly remitted with a report
of such sale or transaction, including the item of expense and the amounts
deducted, to the person who may be entitled thereto, subject to any order
of a court of competent jurisdiction. If no surplus remains, the report shall
so state.