[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
The growth of grass, weeds, plants or other vegetation, other than trees,
bushes, flowers or other ornamental plants, to a height in excess of 12 inches
be and the same is hereby declared to be a common and public nuisance.
No owner or occupier of any lot, place or area within the corporate
limits of the Town Henlopen Acres nor any agent of such owner or occupier,
shall permit on such lot, place or area the growth of grass, weeds, plants
or other vegetation to a height in excess of 12 inches, other than trees,
bushes, flowers and other ornamental plants.
A.
The Town Manager is hereby authorized and directed to
give notice in writing by certified or registered mail with return receipt
requested and postage prepaid to the owner or occupier of any lot, place or
area within the corporate limits of the Town of Henlopen Acres or the agent
of such owner or occupier to cut the grass, weeds, plants or other vegetation
found growing, lying or located on such property if the growth of grass, weeds,
plants or other vegetation on the lot, place or area, or any part thereof
exceeds 12 inches.
B.
Such notice shall be directed to the owner or occupier
of the lot, place or area, or the agent of such owner or occupier, at his,
her or its last known address.
C.
If the notice sent pursuant to this section by the Town
Manager is returned to the Town Manager of the Town of Henlopen Acres as unclaimed
or refused, the Town Manager of the Town of Henlopen Acres shall direct a
notice to the owner or the occupier of such lot, place or area or the agent
of such owner or occupier at his, her or its last known address by regular
mail, and such notice shall be as effective as though it were sent by certified
or registered mail with return receipt requested.
D.
Any notice sent pursuant to this section shall set forth
the following:
(1)
The location of the property.
(2)
That the grass, weeds, plants or other vegetation, other
than trees, bushes, flowers and other ornamental plants, located on the property
exceeds 12 inches in height and that such grass, weeds, plants or other vegetation
shall be cut within 10 days from the date of receipt of the notice if sent
by certified or registered mail or from the date of the notice if sent by
regular mail.
(3)
That if such grass, weeds, plants or other vegetation
is not cut within the time specified, the Town of Henlopen Acres will undertake
to cut such grass, weeds, plants or other vegetation, and the costs thereof
shall be charged to such owner or occupier of the premises.
(4)
That such notice shall be deemed to be effective for
the remainder of the calendar year in which it was sent and that on the first
day of each month following such notice until October 1 of the year in which
such notice was sent, the Town of Henlopen Acres may, without further notice,
cut the grass, weeds, plants or other vegetation located on the property and
that the costs thereof shall be charged to such owner or occupier of the premises.
(5)
That the costs of such cutting shall be paid by the owner
or occupier of the premises or the agent of such owner or occupier, together
with an additional charge of 20% of the costs thereof to cover administrative
expenses and an additional charge for the cost of any postage, plus accrued
interest at the rate of 6% per annum from the date of completion of the work
if not paid by the owner or occupier prior thereto.
Upon the failure, neglect or refusal of any owner or occupier or the
agent of such owner or occupier, as set forth in the notice, to cut the grass,
weeds, plants or other vegetation growing, lying or located on the property
of such owner or occupier within 10 days after receipt of such written notice
if sent by certified or registered mail or within 10 days of the date of such
notice if sent by regular mail, the Town Manager is authorized to remove and
to pay for the cutting of such grass, weeds, plants or other vegetation.
A.
Whenever the Town has effected the cutting of such grass,
weeds, plants or other vegetation pursuant to the provisions of this chapter,
the actual costs thereof, together with an additional charge of 20% of the
actual charge to defray administrative expenses, plus the costs of any postage,
together with accrued interest at the rate of 6% per annum from the date of
completion of the work, if not paid by the owner or occupier of such property
prior thereto, shall be charged to the owner or occupier of such property
on the next regular tax bill sent by the Town of Henlopen Acres. Such charge
shall be due and payable by the owner at the time of payment of such tax bill.
B.
The Town Manager, anything in this section to the contrary
notwithstanding, is hereby authorized at any time after payment of the bill
by the Town of Henlopen Acres for such cutting to commence suit in a court
of competent jurisdiction to effect collection of the costs of such cutting,
together with the other charges provided for in this section.
