For the purposes of this chapter, and not for the purpose of
altering or amending any provisions in the Residential Landlord-Tenant
Code in Chapters 51, 53, 55, 57, and 59 of Title 25 of the Delaware
Code, the following terms shall have the meanings indicated:
APARTMENT HOUSES
All structures that include more than two dwelling units
(as described herein).
COMMERCIAL RENTAL UNIT
Any building, store, storefront, garage, warehouse or other
structure that is owned by someone other than the person(s) who occupy
or are using the building or which is assessed as a commercial property
for the purpose of tax collection by the Town of Elsmere and is occupied
or operated by someone other than the owner.
DWELLING UNIT
A.
A family dwelling unit intended for living purposes, providing
private entrance and independent permanent facilities for sleeping,
eating, cooking and sanitation. Dwelling units may share common heat,
ventilation and air-conditioning units, as provided, or may be individually
equipped.
B.
In the case of structures where rooms are rented on a daily, weekly or other basis, primarily for housing individuals and without private entrances to the structure or the independent permanent facilities described in Subsection
A of this definition not shared with other inhabitants of the structure, each such room rented shall be considered a separate dwelling unit.
EXTERMINATION
The inspection of the rental unit by a pest control company
licensed in the State of Delaware and the Town of Elsmere for the
purpose of identifying the presence of bed bugs, roaches, ants, other
insects and rodents and a certification by that company that these
insects, bugs or rodents are not present in the unit or that the unit
has been properly treated to exterminate the presence of any of these
insects, bugs or rodents.
FAMILY
An individual, or two or more persons related by blood, marriage
or law. Nothing herein shall interfere with federal, state, HUD, and
fair housing provisions prohibiting discrimination in housing on prohibited
bases.
[Amended 3-12-2020 by Ord. No. 648]
IMMEDIATE FAMILY
For the purpose of this chapter, spouse, mother, father,
guardian, child, sister, brother, grandparent, grandchild, plus the
various combinations of half, step, in-law and adopted relationships
that can be derived from those named.
OCCUPANCY
The maximum number of occupants that may reside in a dwelling
unit shall be as specified in the most current edition of the ICC
International Property Maintenance Code, which has been adopted by
the Town of Elsmere and includes any amendments made to that code
by the Town.
RENTAL UNIT
Any dwelling unit which is rented, leased, let or hired or
is intended, advertised or designed to be rented, leased, let or hired
which is not occupied by the legal property owner or a member of the
property owner's immediate family or which is occupied by anyone other
than the legal property owner or a member of his or her immediate
family.
Every owner (or an authorized agent) of a rental unit or a structure
which is defined as a "commercial rental unit" by this chapter is
required to make application for and receive an annual license for
each and every rental unit or unit which is defined as a "commercial
rental unit" by this chapter. The Town Manager shall develop an application
for rental licenses which shall require any information which he feels
is appropriate or required to enforce the provisions of this chapter
as well as any other code or regulation. At a minimum, the application
shall require the owner to supply the following information:
A. At the time of application for a rental license intended for a residential
rental unit, written documentation must be supplied by the applicant
for each tenant of the property denoting the following information:
(1) A copy of the lease or agreement between the tenant and the owner
of the property or a statement that the rental unit is currently vacant.
(2) The number of bedrooms in the dwelling unit.
(3) The area (in square feet) of each dwelling unit.
(4) The name of any and all tenants intending or approved to occupy the
unit, or a statement that the unit is vacant.
(5) Number of tenants per unit.
B. At the time of application for a rental license intended for a commercial
rental unit, written documentation must be supplied by the applicant
for each tenant of the property denoting the following information:
(1) A copy of the lease or agreement between the tenant and the owner
of the property, which clearly notes the expiration of and renewal
options of the lease.
(2) The area in square feet of the entire structure.
(3) The area in square feet of the space occupied by the particular tenant.
(4) The name of the business or person who currently occupies the structure
or a statement that the structure is currently vacant.
(5) The type of business that is being performed on the premises.
(6) The State of Delaware and Town of Elsmere business license for the
business or person occupying the structure.
(7) The total number of tenants occupying the structure.
Annually and within 90 days after the issuance of a rental license for a unit which is vacant at the time of the issuance of the license, the owner shall schedule an inspection of the vacant unit with the Code Enforcement Officer. The purpose of the inspection shall be for the same purpose and conducted in the same manner as the inspection required by §
182-3 of this chapter.
Any inspection conducted in accordance with this chapter shall
include an inspection of the following to ensure compliance with the
most current edition of the ICC International Property Maintenance
Code which has been adopted by the Town of Elsmere and includes any
amendments made to that code by the Town:
B. Common areas, such as hallways.
C. Individual or common equipment, such as but not limited to:
(1) Heating, ventilation and air-conditioning units.
No property required by this chapter to obtain a rental license
shall be rented, leased or otherwise occupied or used by anyone other
than the owner of said property if the initial length of the lease
or agreement or the length of any renewal options is for a period
of time which is less than 28 consecutive days.