[Adopted 10-13-1990 by Ord. No. 187
(§ 630 of the 1984 Code)]
The following standard shall be applicable for the cleanliness of sidewalks,
parking lots, vacant lots and open areas within the area of the Town of Dewey
Beach which are either zoned or used for commercial purposes and shall constitute
the minimum standards for keeping these areas clear and free of foreign matter.
[Amended 9-10-1993 by Ord. No. 275]
The proprietors and/or owners of all commercial establishments shall
cause the sidewalks and gutters adjacent to their establishments to be swept
at least one time per day before 7:00 a.m. whenever the establishment is open
for business. The proprietors shall cause to be maintained in a clean and
neat condition all sidewalks and adjacent parking lots to said commercial
establishments during business hours.
The proprietors and/or owners of all commercial establishments from
which food or beverage or both are sold or dispensed to customers on the sidewalk
shall cause the sidewalks adjacent to their establishments to be washed each
Monday, Friday and the day following any legal holiday, before noon whenever
such establishment is open for business.
All trash stored outside any commercial establishment shall be stored
in verminproof containers.
All empty boxes and similar debris stored outside a commercial establishment
shall be stored in such a manner as not to block any public access areas or
be visible from Route One.
Trash cans shall be emptied and parking lots cleaned each day at time
of closing.
[Adopted 6-10-1994 by Ord. No. 297
(§ 633 of the 1984 Code)]
No owner or occupier of any lot, place or area within the corporate
limits of the Town, nor any agent of such owner or occupier, shall permit
on such lot, place or area or upon any sidewalk abutting such lot any unregulated
growth of weeds, grass or other vegetation.
The Building Official is authorized and directed to notify, in writing,
by certified mail with return receipt requested, by postage prepaid, the owner
or occupier of any lot, place or area within the corporate limits of the Town
or the agent of the owner or occupier to cut, destroy and remove any unregulated
growth found growing, lying or located on such owner's or occupier's property
or upon the sidewalk abutting the same.
The owner, occupier, or the agent of the owner or occupier of any lot, place or area having in any calendar year received notice pursuant to the provisions of §
138-8 shall be deemed to have received notice for the remainder of the year that on the first day of each month thereafter, commencing May 1 through October 1, both dates inclusive, the Town may, without further notice cut, destroy and remove all unregulated growth growing, lying or located on such owner's or occupier's property or upon the sidewalk abutting the same and that the cost of such removal shall be charged and collected in accordance with the provisions of this article.
Upon the failure, neglect or refusal of any owner or occupier or the
agent of such owner or occupier to cut, destroy and remove any unregulated
growth lying or located on such owner's or occupier's property or
upon the sidewalk abutting the same within five days after receipt of such
written notice or within 10 days of the mailing of such notice, in the event
that the notice is returned to the post office due to the inability to make
delivery thereof, the Building Official is authorized to remove and to pay
for the cutting, destroying or removal of such unregulated growth.
Whenever the Building Official has effected the removal of any unregulated
growth or has paid for its removal pursuant to the provisions of this article,
the actual cost thereof, together with additional charge of 20% of the actual
charge to defray administrative expenses, plus accrued interest at the rate
of 24% per annum from the date of completion of the work, if not paid by the
owner or occupier prior thereto, shall be charged to the owner or occupier
of such property on the next beach tax bill. Such charge shall be due and
payable by the owner at the time of payment of such tax bill.