[Adopted 3-18-1950 by Ord. No. 16]
The maintaining of a damaged or broken sidewalk
located within the corporate limits of the Town of Millsboro constitutes
a dangerous condition to the users of said sidewalk and is hereby
declared to be a common and public nuisance.
The Mayor shall, upon complaint from two or
more residents of the Town of Millsboro or upon a resolution duly
passed by the Town Council, appoint a committee composed of at least
three of the elected Council members to investigate whether a damaged
or broken sidewalk exists in front of a property located within the
corporate limits of the Town of Millsboro. One of the members so appointed
shall be designated as Chairman of said committee.
Whenever the Town Council receives any information that a damaged or broken sidewalk exists within the corporate limits of the Town of Millsboro, the Mayor shall direct the committee, appointed pursuant to § 174-2 above, to investigate said sidewalk. The committee shall proceed to make its investigation and shall make a written report to the Town Council not later than 30 days after having been directed to make the investigation setting forth its findings and conclusions concerning the sidewalk.
If the committee so appointed shall conclude
that the sidewalk is in fact damaged or broken, the Town Council shall
direct a notice to the owner or owners of the property in front of
or along which the damaged or broken sidewalk exists at the last known
address of said owner or owners ordering said owner or owners to remedy
the damaged or broken condition within 20 days from the date of said
notice. Any notice given pursuant to this section shall be by registered
mail with return receipt requested.
If such owner or owners shall not undertake to remedy the damaged or broken sidewalk in accordance with the notice sent pursuant to § 174-4 above, the Town Council shall proceed to have the damaged or broken sidewalk repaired, replaced or otherwise remedied, and, when completed, a bill for the costs thereby incurred shall, as soon as convenient thereafter, be presented in the name of the Town Council to such owner or owners.
A.
Any property owner in front of or along whose property
a sidewalk is replaced or constructed and installed by the Town of
Millsboro, its agents, servants, employees or independent contractors
shall pay the costs of such sidewalk in five equal quarterly installments
with interest thereon from the date the work is completed at the Sussex
Trust Company reference rate plus 2% with the first payment being
due within 10 days following the submission of the first invoice by
the Town of Millsboro with the right of prepayment in the property
owner to pay all or any part of the outstanding indebtedness at any
time after the sidewalk is replaced or constructed and installed,
as the case may be, with interest adjusted to date of payment.
B.
Upon the failure of said property owner to pay any
installment within 30 days following the date that the invoice is
submitted, the Town Council, at its option, may declare the entire
unpaid balance of the indebtedness to be due and payable and may proceed
to collect said outstanding indebtedness, with interest, as aforesaid,
as provided in the Charter of the Town of Millsboro.
C.
The quarterly bills for said sidewalk shall be enclosed
in the bill sent for water service and sewer service.
If the bill so presented in the name of the
Town Council is not paid within 30 days following delivery thereof,
an action in the corporate name of the Town Council shall be instituted
for the collection of the debt in any court of competent jurisdiction
in the State of Delaware, or elsewhere, against the owner or owners
of the property, and the judgment received shall be collected in the
name now or hereafter provided for the collection of judgments.
For the purposes of this article, the words
"owner" and "owners" shall be deemed to include a natural person,
a partnership, an association and/or a corporation.
