No building or structure, or any parts thereof,
in the Town of Fenwick Island, Delaware, shall hereafter be erected,
constructed, added to, altered, repaired, removed or demolished except
in conformity with the provisions of this article.
[Amended 7-31-1987; 11-15-2003; 3-4-2022]
A. Hours of construction. No construction shall be carried
on between the hours of 6:00 p.m., prevailing time, and 8:00 a.m.,
of the following morning, prevailing time. No construction shall take
place on any Sunday or the following specified holidays or dates:
January 1 - New Year's Day; Memorial Day; July 4; Labor Day; Thanksgiving
Day; Christmas Day; and any Saturday from May 15 to September 15,
inclusive, of any year, except as certified, in writing, by the Town
Council of the Town of Fenwick Island as necessary to protect public
property. Nothing contained herein shall prevent any homeowner from
working within his own property boundaries, provided that such work
is done by himself. Such privilege does not convey the right to violate
any provisions of the Zoning and/or Building Construction Code, nor
is it to be construed as exempting any such property owner from obtaining
a permit and paying the required fees therefor.
[Amended 3-4-2022; 5-26-2023]
B. Pile driving. Installation of piling by mechanical
driving is prohibited from June 1 to August 31, inclusive, of any
year, except as certified, in writing, by the Town Council of the
Town of Fenwick Island as necessary to protect public property.
C. Construction, definition. As used in this chapter, "construction"
shall mean any activity, relating to, but not limited to, operating
or permitting the operation of any tools or equipment in connection
with the erection, addition, repair, removal, fabrication, installation,
alteration, excavation or demolition of any structure, facility or
addition thereto. Construction activity extends to site preparation,
earthmoving, blasting, drilling, deliveries, portable toilet maintenance,
dumpster delivery/emptying, and loading and unloading from construction
vehicles.
[Added 5-26-2023]
[Added 7-22-2011]
A violation of the provisions of this article, or the failure
to comply with any of its requirements, shall constitute a misdemeanor,
and said violation shall be a continuing one, in the event that it
occurs on more than one day. Upon conviction of any single charge,
which may encompass and include each day of violation up to and including
the date of conviction, a violator shall be subject to a fine of $100
for each day the violation occurs. The owner or tenant of any building,
structure, premises or any part thereof, and any architect, builder,
contractor, agent for one of the aforenamed persons or any other person
who knowingly commits, furthers, participates in, assists in, or maintains
such violation may be separately convicted and be subject to the same
penalties provided herein. Nothing in this section shall be construed
to prevent or otherwise prohibit the prosecution of the same violation
occurring on a date subsequent to the conviction. In addition, the
Town may institute appropriate proceedings to restrain or enjoin further
construction in violation of this article and/or proceedings to abate
any violation, and to require the removal of the violation. In this
event, the Town shall be entitled to collect from the offending party
or parties the Town’s reasonable legal fees and court costs,
as a part of any judgment or award in a civil action brought to restrain
or enjoin a violation. The civil remedies are in addition to, and
not in place of, the criminal penalty provided herein.