[HISTORY: Adopted by the Town Council of the Town of Fenwick Island 5-25-1963 as Ord. No. 19. Amendments noted where
applicable.]
All buildings or structures which have any or all of the following defects
shall be deemed obstructions, nuisances, unsanitary or unsightly conditions:
A.
Those which have been damaged or destroyed by fire, wind,
water or any combination thereof, or other causes so as to have become dangerous
to life, safety, morals or the general health and welfare of the occupants
or the people of the Town of Fenwick Island.
B.
Those which have become or are so dilapidated, decayed,
unsafe, unsanitary or which so utterly fail to provide the amenities essential
to decent living that they are unfit for human habitation, or are likely to
cause sickness or disease, so as to work injury to the health, morals, safety
or general welfare of those living therein.
C.
Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
D.
Debris of any building or structure which because of
its condition is unsafe, unsanitary or dangerous to the health, morals, safety
or general welfare of the people of the Town of Fenwick Island.
All buildings or structures or parts thereof as defined and set forth in § 69-1 of this chapter are hereby declared to be public nuisances and shall be removed or abated as hereinbefore or hereinafter provided.
[Amended 9-24-1977; 8-26-1978[1]]
The Town Council of Fenwick Island, if they, either upon their own inspection
or upon information obtained from the Board of Health, Police Force or Building
Official, shall deem that such nuisances or unsanitary conditions ought to
be removed or abated, shall, upon the adoption of a resolution to this effect,
direct the Secretary to forward by registered mail addressed to his or her
last known post office address or deliver personally to the person or persons
continuing or causing such nuisance or unsanitary condition, to the person
or persons who are responsible for its existence or continuance, a notice
to remove or abate the same within fifteen (15) days. If such person or persons
refuse or neglect, within fifteen (15) days from the date of mailing of such
notice or the service of the same personally upon such persons, to remove
or abate the same, the Council shall issue a warrant in the name of the Town
of Fenwick Island, Delaware, under the hand of its President, who shall affix
thereto the Corporate Seal attested by the Secretary and directed to the Chief
of Police commanding him forthwith to remove or abate such nuisance or unsanitary
condition. The Chief of Police shall forthwith proceed at his direction to
have such nuisance or unsanitary condition removed or abated, and, to that
end, he shall have full power and authority to enter into and upon any lands
and premises in the town with such assistants, implements and vehicles necessary
and proper to perform all matters in connection with the removal or abatement
of such nuisance or unsanitary condition.
The Chief of Police shall, as soon as convenient after the nuisance
or unsanitary condition has been removed or abated, make a return to the Town
Council of his proceedings under the warrant and the costs and expenses incurred
by him in the removal or abatement of such nuisance or unsanitary condition.
Thereafter, the Council shall specify the costs and expenses of all necessary
work, labor and proceedings incurred in the abatement or removal of the same.
The Council shall then issue a warrant, containing an itemized account thereof,
together with the name and last known address of the person from whom the
Town Council shall have determined the amount due and shall deliver such warrant
to the Treasurer of the Town. The warrant shall command the Treasurer forthwith
to collect the amount stated to be due thereon from the person or persons
designated therein. The Treasurer shall forward to such person or persons
in a sealed wrapper a true and correct copy of the warrant by depositing the
same in the United States mail and addressed to such person's or persons'
last known post office address or serve personally upon said person, if he
is within the limits of the town. If such person or persons shall refuse or
neglect to pay the same within thirty (30) days from the date of the mailing
of such notice an exact copy of the warrant, or the service of the same personally
upon such persons, the Treasurer shall then be authorized and required to
collect the same in the same manner as herein provided for the collection
of delinquent town taxes.
A violation of the provisions of this chapter, or the failure to comply
with any of its requirements, shall be punishable by a fine of not less than
twenty-five dollars ($25.), nor more than fifty dollars ($50.), or imprisonment
for not more than ten (10) days, or both, for the first offense, plus court
costs. For each subsequent like offense, he shall be fined not less than fifty
dollars ($50.) nor more than two hundred fifty dollars ($250.) or imprisoned
not more than twenty (20) days, or both. Whenever a person shall have been
notified, in writing, by certified mail, return receipt requested, by the
Building Official or other town official or by service of a summons of a violation
of this chapter, each day of continued violation shall be considered as a
separate offense. The owner or tenant of any building, structure, premises
or any part thereof, and any architect, builder, contractor, employee or agent
for one (1) of the aforenamed persons, or any other person who commits, furthers,
participates in, assists in or maintains any 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. The
commission, allowance or participation in any activity defined as a violation
of this chapter shall be deemed and is hereby declared to be a common and
public nuisance. The Town Council may institute appropriate proceedings to
restrain or enjoin further construction in violation of the ordinance and/or
proceedings to abate any violation, and to require the removal of the violation.
In this event, the Town Council shall be entitled to collect from the offending
party or parties the town's reasonable attorneys fees, legal costs and
expenses and court costs, as a part of any judgment or award in a civil action
brought to restrain or enjoin a violation. Civil remedies are in addition
to and not in lieu of the penalties provided herein.
