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Town of Elsmere, DE
New Castle County
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Table of Contents
Table of Contents
Code
New Laws (2) Index
[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere 6-20-2002 by Ord. No. 403. Amendments noted where applicable.]
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.
[1]
Editor's Note: Former § 98-2, Statement contained in notices of violation, was repealed 12-8-2011 by Ord. No. 543.
A. 
The amount due to be paid directly to the Town shall always be the minimum amount due for a particular violation.
B. 
Whenever the Code of the Town of Elsmere or an ordinance gives no minimum fine, but states that the fine shall not exceed a given amount, the minimum amount payable to the Town shall be $100.
[Amended 7-9-2015 by Ord. No. 597]
C. 
Whenever the Code of the Town of Elsmere or an ordinance gives no minimum fine, but states that the fine shall not exceed an amount of $100 or less, the minimum amount payable to the Town shall be the amount which the Code or ordinance states that the fine shall not exceed.
[Amended 7-9-2015 by Ord. No. 597]
D. 
Whenever the Code of the Town of Elsmere or an ordinance gives no fine, no minimum or maximum fine, the amount payable to the Town shall be $100.
[Amended 7-9-2015 by Ord. No. 597]
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.