For the purposes of this article the following
definitions shall be applicable unless the context clearly indicates
to the contrary:
DETRIMENTAL OBJECTS AND MATERIALS
Shall include but not be limited to old tires, motor vehicle
parts or related equipment, rubbish, garbage, trash, organic waste,
inorganic waste, household furniture, appliances and other obvious
junk or salvage, which can endanger the public safety, fire safety,
and/or create an environment for rodent infestation.
KEEP
To store, use or in any way maintain.
PERSON
Includes an individual, natural person, joint-stock company,
partnership, voluntary association, society, club, firm, company,
corporation, business, trust, organization or any other group acting
as a unit, with a manger, lessee, agent, servant, partner, member,
director, officer or employee of any of them, including an executor,
administrator, trustee, receiver or other representative appointed
according to law.
PREMISES
Those areas of a structure or yard which are open to the
weather.
PUBLIC NUISANCE
The unreasonable interference with the health, safety, peace,
comfort or convenience of the general community.
TOWN MANAGER
Shall mean and include the duly appointed or designated Town
Manager of the Town of Georgetown, as well as such other person under
his or her supervision who is appointed by the Town Council to enforce
the provisions hereof.
[Amended 1-12-2000 by Ord. No. 00-01-01]
It is the purpose of this article to eliminate
the keeping of detrimental objects and/or materials on premises within
the corporate limits of the Town of Georgetown.
This article is declared to be remedial and
shall be construed to secure the beneficial intent and purposes thereof
which are to eliminate dangerous conditions detrimental to public
good and to protect the public health, safety and general welfare
of the property owners and residents of the Town of Georgetown.
It shall be unlawful for any occupant or owner
of any premises within the corporate limits of the Town of Georgetown
to keep, to store, to have stored or permit to be stored on the premises
any object or objects or any material of a detrimental nature which
is unsuitable for outside storage or use, that would detract from
the peace, health, safety or tranquility of the premises whereon it
is stored or of the adjoining premises, and the storage of such object
or objects is hereby declared to be detrimental to the public health,
safety and general welfare of the property owners and residents of
the Town of Georgetown and a common and public nuisance.
[Added 4-27-2016 by Ord. No. 2016-6]
Clothes hung or placed to dry on roofs, walls,
fences, stairs, trees, bushes or carport areas where such is viewable
from the public right-of-way within the Town of Georgetown are declared
a public nuisance.
Whenever any person shall complain to the Town
Manager that a property owner or tenant is storing or maintaining
detrimental objects or material on premises within the Town of Georgetown,
the Town Manager may investigate.
Upon a finding by the Town Manager that a property
owner or tenant is storing, using or maintaining detrimental objects
or materials on premises, the Town Manager shall send by certified
mail with return receipt requested and postage prepaid a notice to
the owner of record of the property as shown on the tax assessment
records of the Town to take whatever steps necessary to alleviate
the nuisance within 10 days following receipt of such notice. Such
notice shall contain the following information:
A. The nature of the complaint.
B. Location of the structure.
C. A statement that the detrimental object or material
must be removed within 10 days following date of receipt of the notice.
D. A statement of penalties for noncompliance with such
notice.
Upon the failure of the property owner or tenant
to remove the detrimental objects and/or material being maintained
in violation of the provisions of the article within the time specified
as aforesaid, the Town Manager may proceed to remove the objects and/or
material being maintained in violation of this article or otherwise
remedied at the expense of the owner of said property and, when completed,
a bill for the costs thereby incurred as determined by the Town Council
in the name of the Town of Georgetown shall, as soon as convenient
thereafter, be presented by certified mail with return receipt requested
and postage prepaid to the owner of said property or the tenant of
said owner.
If the bill so presented by the Town Manager
on behalf of the Town of Georgetown shall not be paid within 30 days
following delivery thereof by certified mail with return receipt requested
and postage prepaid, the Town Manager of the Town of Georgetown may
institute an action in the corporate name in any court of competent
jurisdiction in the State of Delaware for the collection of the debt
to collect the same in a manner now or hereafter provided for the
collection of judgments in the State of Delaware or to proceed by
any other method provided in the Charter of the Town of Georgetown
for the collection of debts due the Town of Georgetown.
[Amended 10-28-2015 by Ord. No. 2015-16]
Any person violating any provision of this article shall pay such fines as set out in Chapter
1, Article
III, General Penalty.
In addition to any other remedy provided for
in this article and because the purpose of this article is to safeguard
and protect the public health, safety and general welfare of the property
owners and residents of the Town of Georgetown, the Town Manager is
hereby authorized to bring an action in any court of competent jurisdiction
to enjoin any violation of any provision of this article.