[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere as indicated in article histories. Amendments noted where applicable.]
[Adopted 10-14-1999 by Ord. No. 377]
It shall be the responsibility of each property owner whose property adjoins a public street to properly maintain the property and vegetation in the right-of-way next to that public street on the side thereof adjoining or constituting part of such owner's property.
The maintenance required by this article shall be that required to have the property meet the standards provided for by the code adopted under Chapter 76, Building Construction, Article II, Adoption of Building, Residential, Plumbing, Mechanical and Fuel Gas Standards, and Chapter 171, Property Maintenance, Article II, Adoption of Standards, of the Code of the Town of Elsmere.
Notwithstanding any of the other provisions of this article, nothing in this article shall preclude any property owner from seeking reimbursement from another party for expenses incurred by him or her to comply with this article.
[Amended 9-18-2003 by Ord. No. 420]
Any person violating the provisions of this article shall, upon conviction, be subject to a fine of not less than $100 nor more than $300 or imprisonment for not more than 30 days, or both.
[Adopted 9-18-2003 by Ord. No. 420; amended in its entirety 3-9-2017 by Ord. No. 625]
A certain document, three copies of which are on file in the Code Enforcement Office of the Town of Elsmere, being marked and designated as the "International Property Maintenance Code, 2012 Edition," as published by the International Code Council, is hereby adopted as the Property Maintenance Code of the Town of Elsmere, in the State of Delaware, for regulating and governing the conditions and maintenance of all property, buildings and structures; by providing the standards for supplied utilities and facilities and other physical things and conditions essential to ensure that structures are safe, sanitary and fit for occupation and use; and the condemnation of buildings and structures unfit for human occupancy and use, and the demolition of such existing structures as herein provided; providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Property Maintenance Code on file in the Code Enforcement Office of the Town of Elsmere are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in § 171-6 of this article.
The following sections of the 2012 Property Maintenance Code are hereby revised or amended as follows:
Section 101, General, 101.1: by deleting the word "International" in this section and inserting the words "The Town of Elsmere" where it says "[NAME OF JURISDICTION]."
Section 103.2, Appointment: by deleting 103.2 in its entirety and inserting a new 103.2 to read as follows:
Section 103.3, Deputies: by deleting 103.3 in its entirety and inserting a new 103.3 to read as follows:
Section 103.5, Fees: by deleting 103.5 in its entirety and inserting a new 103.5 to read as follows:
Section 109.6, Hearing: by deleting the words "appeals board" and inserting in their place the words "Board of Adjustment."
Section 111, Means of Appeal. Section 111 shall be deleted in its entirety and a new Section 111 shall be inserted in its place to read as follows:
[Amended 3-8-2018 by Ord. No. 633]
Section 112.4, Failure to comply: by adding where the first [AMOUNT] appears $500, and by adding where the second [AMOUNT] appears $1,000.
Section 301.2, Responsibility: by adding a new sentence at the end of the existing paragraph to read as follows: "Additionally, the owner of the premises shall be responsible for maintaining all common areas of the structure and ensuring that the entire structure and exterior property is free of infestation."
Section 302.4, Weeds:
By deleting "[JURISDICTION TO INSERT HEIGHT IN INCHES]" and replacing that phrase with the following: "eight inches."
By deleting the words "other than trees or shrubs provided" as they appear in the fifth and sixth lines of the first paragraph and replacing that phrase with the following: "all unrestrained or unmanicured shrubs, hedges, brush and undergrowth, any rotten, dead, diseased or decaying tree, plant or other vegetation as well as any shrubs, hedges, brush, undergrowth or other vegetation which expands beyond the property line of the owner or creates a nuisance to any adjoining property or to the neighborhood."
Section 302.10, Outdoor furniture or appliances: by adding a new Section 302.10 to read as follows:
Section 303.3, Additional regulations: by adding a new Section 303.3 to read as follows:
Section 304.14, Insect screens: by deleting the words "During the period from [DATE to [DATE],".
Section 308.4, Placement for collection: by adding a new Section 308.4 to read as follows:
Section 308.5, Time limits for placement for collection: by adding a new Section 308.5 to read as follows:
Section 308.6, Approved storage location: by adding a new Section 308.6 to read as follows:
309.2 Owner: Insert a new Section 309.2 to read as follows:
Section 404.4.1, Room area: by adding a new sentence at the end of the paragraph to read as follows: "Except that in all units constructed prior to March 8, 2003, every room occupied for sleeping purposes by one person shall contain at least 50 square feet of floor area."
Section 602.3, Heat supply: by deleting the words "During the period from [DATE to [DATE],".
Section 602.4, Occupiable work spaces: by deleting the words "During the period from [DATE to [DATE],".
Section 603.7, Carbon monoxide detectors: by inserting a new Section 603.7 to read as follows:
Any person who violates the Property Maintenance Code of the Town of Elsmere, as adopted pursuant to § 171-5 of Chapter 171, shall be subject to and liable for a civil penalty in the amount of $100. 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. Each seventy-two-hour period that the condition giving rise to the issuance of a citation continues after a citation has been issued shall be considered a new and separate offense and as such will be subject to a separate citation and an additional civil penalty in the amount of $100.
Any citation issued for failure to comply with this article shall be mailed to the owner of the property that is the subject of the citation.
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 article.
This section shall apply and remain valid despite any determination that it is inconsistent with any other section of the Property Maintenance Code of the Town of Elsmere.
Waiver of fines for a first offense. Whenever a citation is issued pursuant to this chapter and the owner, person, firm, company, or corporation who is receiving the citation has not received any other citation or violation of any kind from the Town within the twelve-month period immediately preceding the issuance date of the citation being issued, the fine portion of the citation may be waived if the following conditions have been met. The waiving of the fine shall only occur once and only if whoever received the citation meets the requirements of Subsection E(1) and (2) below.
Within 48 hours of receiving the citation the person receiving it takes the required corrective action to abate the situation which gave rise to the issuance of the citation and brings proof that the abatement has been completed to the Code Enforcement Office; and
Once the Code Enforcement Officer determines that the situation has been properly abated, either by the evidence brought to the Code Office or the Code Officer visiting the site, the fine shall be waived. However, the record of the violation occurring at the property shall remain and the violation shall be considered a first offense. The property will still be subject to all other fines, including a fine for a repeated public nuisance.