Town of Henlopen Acres, DE
Sussex County
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[Adopted 7-9-1991 by Ord. No. 99-1]
[Amended 4-12-2013]
Whenever in this Code any act or failure to do a required act is prohibited or is declared to be unlawful, where no specific penalty or civil assessment is provided therefor, the violation of any such provision of this Code shall be punished by a fine or civil assessment of $50, plus the Victims' Compensation Fund assessment when required by the State of Delaware for each offense, and the Town's costs and expenses, including attorney's fees.
[Amended 4-12-2013]
Whenever in this Code there is no provision for a greater penalty for a second or subsequent conviction for a violation of this Code, any person who has previously been convicted of the same violation shall be subject to a fine of not less than $50 nor more than $500 for each succeeding offense and shall pay the Victim's Compensation Fund assessment when required by the State of Delaware for each offense, and the Town's costs and expenses, including attorney's fees. This section shall not apply to any violation designated as a "civil offense."
The provisions of §§ 1-15 and 1-16 hereof shall not apply to violations of the Chapter 130, Zoning, of the Code of the Town of Henlopen Acres, the Fire Code, the Building Code, the Plumbing Code and Chapter 116, Vehicles and Traffic, Article II, Parking, Standing and Stopping, of the Code of the Town of Henlopen Acres.
If the penalty for a particular offense is limited by state statute, then such limitation shall be applicable to the provision of this Code and other ordinances of the Town, notwithstanding the provisions of the section.
The suspension or revocation of any license, certificate or other privilege conferred by the Town shall not be regarded as a penalty for the purposes of this Code but shall be in addition thereto.
Each incident or each day during which violation of this Code shall constitute a separate offense.
The Commissioners may institute appropriate proceedings to restrain or enjoin further action in violation of the Code and/or proceedings to abate any violation. In this event, the Commissioners 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.