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Town of Fenwick Island, DE
Sussex County
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[HISTORY: Adopted by the Town Council of the Town of Fenwick Island as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-29-1977 by Ord. No. 42; amended in its entirety 6-25-2010]
Sussex County is hereby granted permission to construct, maintain, operate, repair and replace sanitary sewage collection lines, force mains, lift station, pump stations, manholes and other appurtenances within the rights-of-way of all roads within the Town limits which are dedicated to public use in accordance with the requirements of Title 9, Chapter 67, Paragraph 6703 of the Delaware Code, provided that all roads of Fenwick Island that are damaged or removed in the course of water and sewer facility installation and repair shall be replaced in accordance with the Delaware Division of Highways standards for secondary roads and paving damaged or removed from roads maintained by the Delaware Division of Highways shall be replaced in accordance with the Delaware Division of Highways' requirements. The cost thereof shall be made by and at the sole expense of Sussex County.
[Adopted 10-28-1978 by Ord. No. 47]
It shall be unlawful to create or allow conditions of sanitary sewage disposal systems to exist on private property in the Town of Fenwick Island which are or threaten to be dangerous to the safety or health of the people of Fenwick Island, such as but not limited to open or inadequately covered sump wells, uncovered or unsealed openings to septic or holding tanks, depressed areas below the general grade level of the immediate area to allow access to tanks and other appurtenances, holes around access openings to disposal systems and ditches and drainage areas which might allow the accumulation of liquids or debris which are unsanitary or injurious to health.
[Amended 6-25-2010]
A. 
The Town Council shall appoint a designee who shall have discretion in determining when there exists a condition such as set forth in § 131-2.
B. 
After such determination has been given, the Town Manager shall give written notice of the violation to the owner and/or occupant of the property on which the condition exists. The notice shall set a time for correction, removal or abatement of the condition, which period shall not exceed 15 days.
A. 
A person shall be guilty of failing to correct, remove or abate a dangerous to safety or health condition if the condition continues to exist on the date set for correction, removal or abatement in the notice given him or exists on any date thereafter.
B. 
Upon conviction, such person found guilty of failing to correct, remove or abate a dangerous to safety or health condition shall be fined $200 for each offense. It shall be determined that each day that the condition exists after the date set for correction, removal or abatement shall constitute a separate offense, thereby permitting the imposition of a fine for each day of a continuing offense.
[Amended 6-25-2010]
C. 
If such condition as set forth in § 131-2 is determined by the Town of Fenwick Island to be an emergency and the owner and/or occupant is not available for receipt of notification such as set forth in § 131-3 or if the owner fails to comply with the notification as set forth in § 131-3 within the prescribed time, the Town of Fenwick Island shall have the power to enter the property and correct the problem. The payment for such expense shall be in addition to any penalties that may be imposed by Subsection B of this section.
[Amended 6-25-2010]