[HISTORY: Adopted by the City Council of the City of Lewes 11-13-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 148, Property Maintenance, adopted 8-12-2013, as amended.
The International Property Maintenance Code, 2021 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Lewes, 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.
Section 109.3, Prosecution of violation, of the Property Maintenance Code of the City of Lewes is amended by inserting a new sentence at the end of Section 109.3 as follows: "Per Chapter 70, Article XIX, Violation and Penalties."
Section 201.3, Terms defined in other codes, of the Property Maintenance Code of the City of Lewes is amended by inserting a new sentence at the end of Section 201.3 as follows: "Where terms are explicitly defined in the Municipal Code of the City of Lewes, such definitions shall be controlling in all instances unless the context clearly requires otherwise."
Section 302.3, Sidewalks and driveways, of the Property Maintenance Code of the City of Lewes is amended by inserting a new section at the end of Section 302.3 as follows:
302.3.1 Sidewalks and walkways. Sidewalks and walkways shall be clear of snow and ice within 24 hours after the end of the snowfall/ice event and shall be kept clear of debris from lawn maintenance. Lawn debris shall not be placed in the street.
[Amended 5-12-2025 by Ord. No. 8-25]
Section 302.4, Weeds, of the Property Maintenance Code of the City of Lewes is amended by deleting "All premises and exterior property shall be maintained free from weeds or plant growth in excess of [JURISDICTION TO INSERT HEIGHT IN INCHES]" and inserting "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches, with the exception of a Meadow Garden.
A.
Meadow Garden - A managed area that is intentionally planted, where native grasses and groundcover, wildflowers, and shrubs are encouraged to grow, designed to mimic natural meadow ecosystems. A meadow garden shall be exempt from the requirements of Paragraph 148-11, Section 302.4, under the following conditions:
(1)
The meadow garden shall be managed in a manner that prevents infestation by weeds or the creation of stagnant, foul-smelling conditions; and
(2)
The meadow shall be maintained so as not to contain noxious, invasive, or aggressive weeds or turf/lawn grass growth in excess of 10 inches, and shall include a majority of Mid-Atlantic Coastal native species. For purposes of this Section, the term "noxious" is defined as any plant that adversely affects or threatens agricultural production, as defined by the Delaware Department of Agriculture and identified by the Delaware Invasive Species Council. The term "invasive species" refers to those plants listed in "The Invasive Plant List" under Title 3 of the Delaware Code.
(3)
An overgrown lawn or neglected yard that contains uncontrolled vegetation, such as non-native grasses, weeds, and invasive plants, does not qualify as a Meadow Garden under this ordinance. These properties are still subject to enforcement.
(4)
Nothing in this Section shall be construed to permit planting beyond the boundaries of privately owned property, including any public right-of-way.
B.
Management of Plants and Meadow Gardens.
(1)
No object or plant within a meadow garden shall exceed two feet in height, as measured from grade, within the area at any street or driveway intersection where there must be a clear view in a triangle formed by the corner and points on the curb 30 feet from the intersection and entranceway. This height limitation applies only within that triangular area; growth exceeding two feet in height is permitted outside of it;
(2)
Bamboo of any type shall not be planted or installed within the City of Lewes;
(3)
Owners are encouraged to use best planting practices. The use of pesticides and herbicides in meadow gardens is discouraged;
(4)
Owners are encouraged to notify the City upon creation of a meadow garden."
Section 302, Exterior Property Areas, of the Property Maintenance Code of the City of Lewes is amended by adding new Subsection 302.10 as follows:
A.
For purposes of this subsection, "portable storage unit" shall be defined as any container, storage unit, shed-like container or other portable structure that can be or is used for the storage of tangible property of any kind and which is located for such purposes outside an enclosed building. An accessory building or shed complying with all building codes and land use requirements shall not be deemed a portable storage unit.
B.
The following fees shall be paid for maintaining a portable storage unit on private property within the City of Lewes:
(1)
For a period of up to 30 days, due prior to the placement of a portable storage unit: $50.
(2)
For each additional thirty-day period, or part thereof: $100.
C.
Maintaining a portable storage unit on a public street or public right-of-way within the City of Lewes shall be permitted by the City Manager, or the City Manager's designee, where the health, safety, and welfare of the City shall not be adversely affected by such placement. The following fees shall be paid for maintaining a portable storage unit on a public street or a public right-of-way within the City of Lewes:
(1)
For a period of up to 15 days, due prior to the placement of a portable storage unit: $150.
(2)
For each additional fifteen-day period, or part thereof: $150.
Section 308.2.1, Rubbish storage facilities, of the Property Maintenance Code of the City of Lewes is amended by deleting it in its entirety and inserting the following:
308.2.1 Rubbish storage facilities. Unless the City provides a container, the owner of every occupied premises shall supply approved covered containers for rubbish. The owner of the premises shall be responsible for the removal of rubbish in accordance with Ch. 106 of the City Code.
Section 308.3.2, Containers, of the Property Maintenance Code of the City of Lewes is amended by inserting the following new sentence at the conclusion of the subsection: "When not out for collection, containers shall be located and maintained out of public view in such a manner as to prevent the creation of a nuisance or a health hazard."
Section 308.4, Temporary dumpsters, of the Property Maintenance Code of the City of Lewes is hereby amended by adding a new Subsection 308.4 as follows:
308.4 Temporary dumpsters.
A.
For purposes of this subsection, "dumpster" shall be defined as any container, receptacle, compactor unit, trailer, roll-off, or similar unit with or without wheels that is used for temporary storage, containment, or transport of refuse, debris, trash, garbage, food waste, solid waste, recyclable material, incidental demolition debris, or other discarded or like materials. It shall not apply to ordinary trash or recycling receptacles of 96 gallons or less.
B.
There shall be no fee to maintain a dumpster on private property within the City of Lewes so long as a valid building permit has been obtained for the property.
C.
Maintaining a dumpster on a public street or public right-of-way within the City of Lewes shall be permitted by the City Manager, or the City Manager's designee, where the health, safety, and welfare of the City shall not be adversely affected by such placement. The following fees shall be paid for maintaining a dumpster on a public street or public right-of-way within the City of Lewes:
(1)
For a period of up to 15 days, due prior to the placement of a dumpster: $150.
(2)
For each additional fifteen-day period, or part thereof: $150.