This chapter shall be known as the "Housing Code of the Town of Millsboro."
This code is hereby declared to be remedial and shall be construed to
secure the beneficial interest and purposes thereof, which are public safety,
health and general welfare, through structural strength, stability, sanitation,
adequate light and ventilation and safety to life and property from fire and
other hazards incident to the construction, alteration, repair, removal, demolition,
use and occupancy of residential buildings.
The provisions of this code shall apply to all buildings or portions
thereof used, or designed or intended to be used, for habitation, regardless
of when such building or buildings may have been constructed.
Buildings or structures moved into or within the jurisdiction of the
Town of Millsboro shall comply with the requirements of this code.
Alterations, repairs or rehabilitation work may be done to any existing
building without requiring the building to comply with all the requirements
of this code, provided that the alteration, repair or rehabilitation work
conforms to the requirements of this code for new construction. The Building
Inspector shall determine, subject to appeal to the Board of Adjustments and
Appeals, the extent, if any, to which the existing building shall be made
to conform to the requirements of this code for new construction.
Alterations, repairs or rehabilitation work shall not cause an existing
building to become unsafe.
If the occupancy classification of an existing building is changed,
the building shall be made to conform to the intent of this code for new occupancy
classification as established by the Building Inspector.
Repairs and alterations not covered by the preceding sections of this
chapter, restoring a building to its condition previous to damage or deterioration
or altering it in conformity with the provisions of this code or in such manner
as will not extend or increase an existing nonconformity or hazard, may be
made with the same kind of materials as those which the building is constructed,
but not more than 25% of the roof covering of the building shall be replaced
in any period of 12 months unless the entire roof covering is made to comply
with the requirements of this code for new buildings.
The provisions of this code relating to the construction, alteration,
repair, enlargement, restoration, relocation or moving of buildings or structures
shall not be mandatory for existing buildings or structures identified and
classified by the State of Delaware as historic buildings when such buildings
or structures are judged by the Building Inspector to be safe and in the public
interest of health, safety and welfare regarding any proposed construction,
alteration, repair, enlargement, restoration, relocation or moving of buildings.
The applicant must submit complete architectural and engineering plans and
specifications bearing the seal of a professional engineer or architect issued
by the State of Delaware when construction, alteration, repair, enlargement,
restoration, relocation or moving of buildings or structures identified and
classified by the State of Delaware as historic buildings.
All buildings or structures, both existing and new, and all parts thereof
shall be maintained in a safe and sanitary condition. All devices or safeguards
which are required by this code in a building when erected, altered or repaired
shall be maintained in good working order. The owner, or his designated agent,
shall be responsible for the maintenance of buildings, structures and premises.
Nothing in this Code shall be construed to modify, cancel or set aside any provision of Chapter 210, Zoning, of the Code of the Town of Millsboro.
The provisions of this chapter shall be liberally construed to minimize
displacement of persons whose dwelling units may deviate from the specifications
of this chapter but do not pose an imminent threat to the health, safety or
general welfare of the occupants and other persons. Additionally, this chapter
shall be construed liberally so as to minimize hardships to persons that inhabit
or own dwellings which deviate from the specifications of this chapter but
do not pose an imminent threat to the health, safety and general welfare of
the applicants and other persons.
The provisions of this chapter shall be enforced by the Building Inspector.
An officer or employee of the Town of Millsboro, except one whose only
affiliation is as a member of the Board of Adjustments and Appeals, shall
not be financially interested in the furnishing of labor, material or appliances
for the construction, alteration or maintenance of a building, or in the making
of plans or specifications therefor, unless he is the owner of such building.
Such officer or employee shall not engage in any work which is inconsistent
with his duties or with the interest of the town.
The Building Inspector shall keep, or cause to be kept, a record concerning
enforcement of this chapter. The records of the Building Inspector relating
to enforcement of this chapter shall be open to public inspection.
The Building Inspector shall enforce the provisions of this chapter,
and he or his duly authorized representative upon presentation of proper identification
to the owner, agent or tenant in charge of such property may enter any building,
structure, dwelling, apartment, apartment house or premises during all reasonable
hours, except in cases of emergency where extreme hazards are known to exist
which may involve the potential loss of life or severe property damage, in
which event the above limitations shall not be applicable.
Any requirement not specifically covered by this chapter found necessary
for the safety, health and general welfare of the occupants of any dwelling
shall be determined by the Building Inspector subject to appeal to the Board
of Adjustments and Appeals.
Any officer or employee or member of the Board of Adjustments and Appeals
charged with the enforcement of any provision of this chapter in the discharge
of his duties shall not render himself personally liable, and he is hereby
relieved from all personal liability for any damage that may accrue to persons
or property as a result of any act required or permitted in the discharge
of his duties. Any suit brought against any officer or employee because of
any action taken pursuant to the provisions of this chapter shall be defended
by the town until final termination of the proceedings.
The Building Inspector shall submit a report to the Town Council covering
the work of enforcement of this chapter during the preceding year. The Building
Inspector shall incorporate in said report a summary of the decisions of the
Board of Adjustments and Appeals during said year.
The Building Inspector shall make or cause to be made inspections to
determine the condition of residential buildings or premises in the interest
of safeguarding the health and safety of the occupants of such buildings and
of the general public. For the purpose of making such inspections, the Building
Inspector, or his duly authorized agent, is hereby authorized to enter, examine
and survey at all reasonable times all residential buildings and premises.
The owner or occupant of every residential building or the person in charge
thereof shall give the Building Inspector free access to such residential
building and its premises at all reasonable times for the purpose of such
inspection, examination and survey. If any owner, occupant or other person
in charge of a residential building or premises refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to any part
of said building or premises, the Building Inspector is authorized to seek
in a court of competent jurisdiction an order that such owner, occupant or
other person in charge of said premises cease and desist from such interference.
A.
Any person, firm or corporation or agent thereof who
shall violate any provision of this chapter or shall fail to comply therewith
or with any of the requirements thereof or who shall erect, construct, alter,
demolish or move any structure, or has erected, constructed, altered, repaired,
moved or demolished a building or structure in violation of this chapter shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined
not less than $25 nor more than $500 or imprisoned for a term not to exceed
30 days, or both, and shall pay the costs of prosecution. For the purposes
of this chapter each day during which any violation of any of the provisions
of this chapter occurs shall be deemed to be a separate offense.
B.
In addition to the penalties prescribed in Subsection A of this section, the Building Inspector may direct the Town Solicitor to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation or
alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy or use of the structure or a
part thereof erected, constructed, installed or altered in violation of or
not in compliance with the provisions of this code, or in violation of a plan
or specification under which an approval, permit or certification was issued.
