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.]
GENERAL REFERENCES
Housing standards — See Ch. 125.
Accumulations of solid waste — See Ch. 170, Art. II
Trees — See Ch. 193.
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.
The Town Clerk is hereby authorized and directed to give notice in writing by certified or registered 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 if the growth of grass, weeds, plants or other vegetation on the lot, place or area, or any part thereof exceeds 12 inches. Such notice shall be directed to the owner or occupier of the lot, place or area, 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 shall direct a notice to the owner or the occupier of such lot, place or area or the agent of such owner or occupier at his, her or its last known address by regular mail, and such notice shall be as effective as though it were sent by certified or registered mail with return receipt requested. Any notice sent 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 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 notice if sent by regular mail.
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 premises.
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 until October 1 of the year in which such notice was sent, the Town of Millsboro may, without further notice, cut the grass, weeds, plants or other vegetation located on the property and that the costs thereof shall be charged to such owner or occupier of the premises.
E. 
That the costs of such cutting shall be paid by the owner or occupier of the premises or the agent of such owner or occupier, 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, 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.
Upon the failure, neglect or refusal of any owner or occupier or the agent of such owner or occupier, as set forth in the notice, to cut the grass, weeds, plants or other vegetation growing, lying or located on the property of such owner or occupier within 10 days after receipt of such written notice if sent by certified or registered mail or within 10 days of the date of such notice if sent by regular mail, the Town Clerk is authorized to remove and to pay for the cutting of such grass, weeds, plants or other vegetation.
Whenever the Town Clerk has effected the cutting of such grass, weeds, plants or other vegetation pursuant to the provisions of this chapter, the actual costs thereof, together with an additional charge of 20% of the actual charge to defray administrative expenses plus the costs of any postage, together with 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 of such property prior thereto, shall be charged to the owner or occupier of such property on the next regular tax bill sent by the Town of Millsboro. Such charge shall be due and payable by the owner at the time of payment of such tax bill. The Town Clerk, anything in this section to the contrary notwithstanding, is hereby authorized at any time after payment of the bill by the Town of Millsboro for such cutting to commence suit in a court of competent jurisdiction to effect collection of the costs of such cutting together with the other charges provided for in this section.