Any fine associated with noncompliance with
any section of the Code of the Town of Elsmere or any ordinance adopted
by the Mayor and Council may, at the option of the person receiving
a notice of violation, be paid directly to the Town of Elsmere, thereby
avoiding the need to appear in a State Court.
The Town shall keep a complete record of all
payments made to the Town in accordance with this chapter.
[Added 8-12-2010 by Ord. No. 522]
A. In addition their use to enforce violations of Chapter
171 of the Code of the Town of Elsmere, Code Enforcement Officers are authorized to use instant summonses to enforce and assess the minimum fines due for violations of the following sections of the Code of the Town of Elsmere.
(1) Chapter
127 of the Code of the Town of Elsmere, §
127-2 (dumping).
(2) Chapter
192 of the Code of the Town of Elsmere, §
192-6 (roadway obstructions).
(3) Chapter
190 of the Code of the Town of Elsmere, §
190-7 (illegal stormwater discharge).
(4) Chapter
192 of the Code of the Town of Elsmere, §
192-1 (removal of snow and ice).
(5) Chapter
182 of the Code of the Town of Elsmere, §
182-2 (rental permits required).
(6) Chapter
143 of the Code of the Town of Elsmere, §
143-3B(5) (noise, animals: barking dogs).
(7) Chapter
225 of the Code of the Town of Elsmere, §
225-10B(2) (regulating the number of recreational vehicles).
(8) Chapter
225 of the Code of the Town of Elsmere, §
225-8F (storage of recreational vehicles in the front yard).
(9) Chapter
215 of the Code of the Town of Elsmere, §
215-2B (oversize vehicles in residential zones).
(10) Chapter
225 of the Code of the Town of Elsmere, §
225-8T (regulating the Town of Elsmere color pallet).
(11) Chapter
131 of the Code of the Town of Elsmere §
131-20, Delinquencies; penalties.
[Added 7-9-2015 by Ord.
No. 597]
B. Any person who violates any of the chapters and sections listed in §
98-5A(1) through
(10) shall be subject to and liable for a civil penalty in the amount of the minimum penalty or fine adopted for each chapter and section.
C. This civil penalty shall be paid within 30 days of the date of the citation (the payment deadline), even if the violation is cured by such date. If it is not paid by the payment deadline, then the civil penalty imposed under this section shall give rise to a lien pursuant to Title 25, Chapter
29, of the Delaware Code.
D. Each twenty-four-hour period that the condition giving rise to the
initial citation continues will be subject to a separate citation
and an additional civil penalty in the amount equal to the initial
penalty.
[Added 8-12-2010 by Ord. No. 522]
Any citation issued for failure to comply with this chapter
shall be mailed to the owner of the property that is the subject of
the citation.
[Added 8-12-2010 by Ord. No. 522; amended 3-8-2018 by Ord. No. 633]
The owner of a property aggrieved by any civil penalty imposed pursuant to this section may appeal to the Board of Adjustment pursuant to §
171-6F of this Code.
[Added 8-12-2010 by Ord. No. 522]
This chapter shall apply and remain valid despite any determination
that it is inconsistent with any other section of the Code of the
Town of Elsmere.
[Added 3-10-2022 by Ord. No. 664]
All fines, fees and costs issued under the jurisdiction of the
Voluntary Assessment Center shall be made within 30 days of the date
of issuance. Any individual wishing to make payments towards fines,
fees or costs owed may request a payment plan under certain circumstances.
A. Fines, fees
and costs which total $25 or less must be made in a single payment
within 30 days of the issuance date.
B. Fines, fees
and costs which total $25.01 or more but $50 or less may be made in
two equal monthly payments. The first payment must be made within
30 days of the issuance date, and the second payment must be made
within 60 days of the issuance date.
C. Fines, fees
and costs which total $50.01 or more but $75 or less may be made in
three equal monthly payments. The first payment must be made within
30 days of the issuance date, the second payment must be made within
60 days of the issuance date, and the final payment must be made within
90 days of the issuance date.
D. Fines, fees
and costs which total $75.01 or more but $100 or less may be made
in four equal monthly payments. The first payment must be made within
30 days of the issuance date, the second payment must be made within
60 days of the issuance date, the third payment must be made within
90 days of the issuance date, and the final payment must be made within
120 days of the issuance date.
E. Fines, fees
and costs which total $100.01 or greater may request a payment plan
which extends more than 120 days from the date of issuance.
(1) Requests
for a payment plan under these circumstances shall be made, in writing,
to the Voluntary Assessment Center located in the Town Hall.
(2) The
Town Manager or his/her designee shall have the authority to approve
extended payment plans under this section.
(3) These
plans will be approved on a case-by-case basis and at no time shall
any payment plan agreement exceed a twelve-month period.
(4) Payments
must be made in monthly increments with the first payment due within
30 days of the issuance date. Each subsequent payment shall be due
within the agreed upon term of the agreement, and a payment must be
made during each thirty-day increment from the due date of the first
payment for the duration of the agreement.