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Town of Millsboro, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Millsboro 6-12-1980 by Ord. No. XXXIV. Amendments noted where applicable.]
The growth of grass, weeds, plants or other vegetation, other than trees, bushes, flowers or other ornamental plants, to a height in excess of 12 inches be and the same is hereby declared to be a common and public nuisance.
No owner or occupier of any lot, place or area within the corporate limits of the Town of Millsboro, nor any agent of such owner or occupier, shall permit on such lot, place or area the growth of grass, weeds, plants or other vegetation to a height in excess of 12 inches, other than trees, bushes, flowers and other ornamental plants.
[Amended 1-7-2019]
The Town Clerk is hereby authorized and directed to give notice in writing by certified mail, with return receipt requested and postage prepaid, to the owner or occupier of any lot, place or area within the corporate limits of the Town of Millsboro, or the agent of such owner or occupier, to cut the grass, weeds, plants or other vegetation found growing, lying or located on such property (hereinafter "subject property") if such growth of grass, weeds, plants or other vegetation on the subject property exceeds 12 inches. Such notice shall be directed to the owner or occupier of the subject property, or the agent of such owner or occupier, at his, her or its last known address. If the notice sent pursuant to this section by the Town Clerk is returned to the Town Clerk of the Town of Millsboro as unclaimed or refused, the Town Clerk of the Town of Millsboro, or such other employee or agent of the Town of Millsboro authorized by the Town Clerk, may serve notice in one of the following ways: (1) by posting the subject property with a notice of violation; or (2) by mailing a notice to the owner or occupier of the subject property, or the agent of such owner or occupier, via regular U.S. first-class mail, with a certificate or receipt of mailing, to the last known address for such owner, occupier or agent. Any such notice posted or mailed in accordance with the foregoing shall be as effective as though it were sent by certified mail with return receipt requested. Any notice sent or posted pursuant to this section shall set forth the following:
A. 
The location of the property.
B. 
That the grass, weeds, plants or other vegetation, other than trees, bushes, flowers and other ornamental plants located on the subject property, exceeds 12 inches in height and that such grass, weeds, plants or other vegetation shall be cut within 10 days from the date of receipt of the notice if sent by certified or registered mail or from the date of the posting of notice on the subject property or the date the notice was sent by regular U.S. first-class mail, with certificate or receipt of mailing.
C. 
That if such grass, weeds, plants or other vegetation is not cut within the time specified, the Town of Millsboro will undertake to cut such grass, weeds, plants or other vegetation, and the costs thereof shall be charged to such owner or occupier of the subject property.
D. 
That such notice shall be deemed to be effective for the remainder of the calendar year in which it was sent and that, on the first day of each month following such notice of the year in which such notice was sent or posted, the Town of Millsboro may, without further notice, cut the grass, weeds, plants or other vegetation located on the subject property and that the costs thereof shall be charged to such owner or occupier of the subject property.
E. 
That the costs of such cutting shall be paid by the owner or occupier of the subject property, together with an additional charge of 20% of the costs thereof to cover administrative expenses and an additional charge for the cost of any postage and/or posting of the subject property, plus accrued interest at the rate of 6% per annum from the date of completion of the work, if not paid by the owner or occupier prior thereto.
[Amended 1-7-2019]
Upon the failure, neglect or refusal of any owner or occupier of a subject property to cut the grass, weeds, plants or other vegetation growing, lying or located on the subject property within 10 days after receipt of notice or posting of the subject property in accordance with § 66-3 hereof, the Town Clerk, or such other employee or agent of the Town of Millsboro authorized by the Town Clerk, is hereby authorized to enter the subject property and to remove and to pay for the cutting of such grass, weeds, plants or other vegetation.
[Amended 1-7-2019]
Whenever the Town Clerk has effected the cutting of grass, weeds, plants or other vegetation pursuant to the provisions of this chapter, the actual costs thereof, together with the additional charges provided for in § 66-3E hereof, shall be charged to the owner of the subject property on the next regular tax bill sent by the Town of Millsboro. Such charges shall be due and payable by the owner of the subject property at the time of payment of such tax bill. The Town Clerk, or such other employee or agent of the Town of Millsboro authorized by the Town Clerk, anything in this section or chapter to the contrary notwithstanding, is hereby authorized, at any time after payment of the bill by the Town of Millsboro for such cutting and related charges provided for in § 66-3E hereof, to commence suit in a court of competent jurisdiction to effect collection of the costs of such cutting together with the other related charges provided for in § 66-3E hereof.