[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-4-1999 by Ord.
No. 109]
The Mayor and Council find it to be in the interest of the residents
of the Town of Selbyville and the general public to provide for the regulation
of conduct it deems to be offensive; to prevent vice, disorder and immorality;
and to promote public peace, health and safety.
No person who owns real estate located in the town or who has control
of real estate located in the town as manager shall knowingly
allow that real estate to be used as the site for the sale of illicit narcotics
or controlled dangerous substances, after having received written notice from
the town that a present occupant or tenant of that property has been convicted
of a crime pertaining to this article.
Nothing in this article shall be construed to encourage or authorize
the discrimination by lessors against any person based upon race, creed, religion,
sex, age or national origin. Rather, it is the intent of this article to hold
persons accountable for acquiescing in the continued use of their property
as the location of illegal drug sales, after having received notice as set
forth here.
No person shall be charged with a violation of this article if such
person has instituted eviction proceedings against the tenant who has been
convicted of criminal acts which would otherwise give rise to potential liability
under this article. The owner (landlord/lessor) is required, however, to move
forward expeditiously with any such eviction proceedings.
Any person, firm or corporation violating any provision of this article
shall be fined not less than $50 nor more than $500 for each offense, as well
as paying all cost of prosecution, court costs, the town's reasonable attorney's
fees incurred in the prosecution hereof and Victim's Compensation Fund assessment,
and a separate offense shall be deemed committed on each day during or which
a violation occurs or continues.
