[Adopted 5-13-2004 by Ord. No. 430]
The Mayor and Council finds and determines that
the existence of buildings, structures, properties and open lots which
are repeatedly in violation of or the subject of repeated neighborhood
complaints concerning violations of the Property Maintenance Code,
and the General Code of the Town of Elsmere, can have a devastating
impact upon the use of such property as well as surrounding properties
and upon the surrounding community, including the promotion of illegal
activities, the threat to the public health, safety and welfare, the
interference in the community's quality of life as well as the value
of surrounding properties, and, therefore, constitute public nuisances
that endanger the health, safety and general welfare of the people
of the Town of Elsmere and to the businesses thereof and visitors
thereto.
As used in this article, the following terms
shall have the meanings indicated:
OWNER
Any person, individual, association, entity or corporation
in whose name the affected real estate is recorded with the New Castle
County Recorder of Deeds shall be presumed to be the owner thereof.
PROHIBITED CONDUCT
Any action or lack of action which creates or results in
the maintaining of or failure to abate a condition which is in violation
of the codes of the Town of Elsmere or the laws of the State of Delaware
or which endangers the safety, health or welfare of the public.
[Amended 4-14-2011 by Ord. No. 529]
PUBLIC NUISANCE
A residence, premises, structure, place or lot, developed
or undeveloped, which creates or results in the maintaining of or
failure to abate a condition which is in violation of the codes of
the Town of Elsmere or the laws of the State of Delaware or which
endangers the safety, health or welfare of the public.
[Amended 4-14-2011 by Ord. No. 529]
REPEAT PUBLIC NUISANCE
Any building, residence, premises, structure, place or lot,
developed or undeveloped, where an owner or agent has been given written
notice by the Code Enforcement Office of the Town of Elsmere or the
Police Chief of the Town of Elsmere that public nuisance has taken
place at said location and within one year of that notice there is
more than one additional violation at that location for prohibited
conduct for which the owner or agent is again notified in writing.
[Amended 4-14-2011 by Ord. No. 529]
It is a violation of this article for the owner
or his or her agent, the lessee, renter, occupant or person in charge
of any building, residence, premises, structure, place or lot, developed
or undeveloped, to allow, cause, own, lease, permit, facilitate or
maintain the creation or occurrence of a public nuisance or repeat
public nuisance.
[Adopted 3-9-2017 by Ord.
No. 626]
The Mayor and Council finds and determines that a system of housing receivership is a necessary tool to address public nuisances as defined in §
145-2 of this chapter, particularly in those instances in which, notwithstanding reliance upon provisions of Article
I of this chapter and other provisions of this code, the public nuisance persists.
For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them in Article
I of this chapter and as follows:
TOWN MANAGER
The Town Manager of Elsmere, or his or her designee as applicable.