[HISTORY: Adopted by the Commissioners of the Town of Henlopen Acres as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Business licenses — See Ch. 50.
Disorderly conduct in dwelling units — See Ch. 60, Art. I.
Fees — See Ch. 65.
[Adopted 10-13-1995]
As used in this article, the following terms shall have the meanings indicated:
ESTABLISHMENT OR PLACE OF BUSINESS
Any building or part thereof located within the corporate limits of the Town of Henlopen Acres ("Town"), including rental units.
GROUP RENTAL
Group rentals are prohibited and are defined as rentals to or tenancy or occupancy by two or more persons who are not living together as a social unit or maintaining a common household, irrespective of how many members of the group are formal signatories to the rental agreement. Any subtenancy is deemed a group rental.
[Added 1-8-2021; amended 1-14-2022]
LOCAL AUTHORIZED AGENT
A person who shall be at least 21 years of age and available to be contacted at all times during the term, duration, or lease period of any lease or rental agreement for any rental unit and who will arrive at the property 24/7 within one hour of notification to address any significant property or rental tenant related matters.
[Added 1-8-2021]
PERSON or PERSONS
Individuals, partnerships, firms, companies, associations and corporation.
RENTAL UNIT
Any dwelling house which is leased, let, rented or otherwise made available for use or occupation and for which consideration is received.
No person shall provide, engage in, carry on, aid or assist as employee, Clerk, agent or otherwise, in the Town, any rental unit without first having paid the prescribed fee and having obtained from the Town an annual license for such activity. Specifically included are all persons, firms and corporations engaged for profit in providing rental units within the Town limits.
[Amended 7-18-2014]
A. 
Application for a license required by § 95-2 hereof shall be made on the prescribed form, which may be amended from time to time, to the Town Manager in the Town Hall, and no license shall be granted until the license fee shall have been paid in full. Each such license and such application shall specify to whom it shall be issued and give the following information, including but not limited to:
(1) 
The home and business address of the applicant.
(2) 
If the applicant is a partnership, the names and addresses of the individuals composing the partnership.
(3) 
If the applicant is a corporation, the names and addresses of the principal officers of the corporation.
(4) 
The specific location of the business, occupation or activity, giving lot and block number.
(5) 
The number of sleeping rooms or bedrooms in each rental unit and the number of persons to be accommodated.
(6) 
A statement that the applicant has complied with all laws and ordinances of the Town and that all taxes and assessments, if any due the Town, upon the property which the licensee will operate are paid.
(7) 
The name, address, and telephone numbers of a local authorized agent.
[Amended 10-9-2015; 1-8-2021]
B. 
It is presumed that each license applicant and each license holder meets certain required qualifications and has completed an affidavit to such effect, as follows:
(1) 
Has not made a misrepresentation of fact in the license application.
(2) 
Has consistently complied with all provisions of this article and all other laws and ordinances of the Town.
(3) 
Has paid all taxes, fees, assessments and fines due the Town.
[Amended 1-8-2021]
C. 
No rental license shall be issued for any rental unit under Subsection A(5) of this section until the applicant shall certify, in writing, on a form prepared by the Town, that:
[Amended 10-9-2015; 9-11-2020]
(1) 
Each such rental unit has the minimum number of functioning smoke detection devices, in accordance with National Fire Protection Association (NFPA) requirements.
(2) 
The number of people per unit building is in compliance with the Housing Code of Sussex County and of the State of Delaware and, in any event, shall not exceed 12 persons, and acknowledgement of compliance with Town zoning laws. Group rentals are specifically prohibited.
[Amended 1-8-2021]
(3) 
The rental unit will not be subleased or sublet.
(4) 
The term, duration, or lease period provided in any lease or rental agreement for any rental unit will not be less than seven days, and the rental unit will not be rented more than eight times in a calendar year, with no more than six times where any portion of the rental term is in-season, defined as the period of time between and including May 15 and September 15.
[Amended 1-8-2021]
(5) 
A copy of all rental agreements will be provided to the Town Manager at least three business days in advance of the commencement of the rental term.
(6) 
The information on the application is true and correct and that a false answer can subject the application to denial or a license to revocation.
A. 
The Town Manager or other representative may, when cause appears, investigate and review all applications for licenses to do business within the limits of the Town:
(1) 
If the activity for which a license has been requested is prohibited by any ordinance of the Town or law of the State of Delaware.
(2) 
Whether or not a functioning smoke detector devices are located within a rental unit, in accordance with § 95-3C(1), of this chapter.
[Amended 7-18-2014]
(3) 
Whether or not the number of persons in a leased dwelling unit is in compliance with the Housing Code and other codes.
(4) 
If the license holder or applicant lacks qualifications to hold a license.
(5) 
Whether the subject property conforms to the requirements of Chapter 91, Property and Building Maintenance, of this Code.
[Added 11-8-2019]
B. 
The Town Manager shall not issue any license if it is found that the applicant does not comply with the requirements of Subsection A hereof.
C. 
The Town Manager may recommend to the Mayor and Commissioners the revocation or suspension of the license or denial of the application.
[Amended 1-8-2021]
Any person aggrieved by the decision of the Town Manager may within five days take an appeal to the Commissioners by giving written notice of his election so to do to the office of the Town Manager and upon payment of a fee as provided by the fee schedule on file in the Town offices. The Town Manager shall notify the Mayor, who shall call a meeting of the Commissioners to hear the appeal after giving notice of the hearing in a newspaper of local circulation at least 10 days prior to said hearing. The decision of the Town Manager shall not be stayed upon the filing of an appeal and shall continue to be operational unless reversed by the Commissioners.
A. 
License fees to be paid to the Town for conducting the business and engaging in the activities herein named shall be as follows: Any person engaged, for profit, in providing rental units within the Town shall pay an annual fee as set by resolution of the Commissioners from time to time.
[Amended 7-9-1999 by Ord. No. 99-1]
B. 
As used in this article, "for profit" means for any purpose whatsoever except activities by organizations qualified as charitable pursuant to the Internal Revenue Code, Section 403(c) or as exempted by the Commissioners of the Town of Henlopen Acres.
[Added 2-23-1996]
Each license shall be conspicuously displayed on the licensed premises or, as the case may be, shall be carried upon the person of the licensee.
It shall be a condition to the issuance of any and all licenses under this article that the business licensed shall be used and operated only for lawful purposes. The right of the Town in its discretion to refuse to grant any license and to revoke any license previously granted is hereby specifically reserved.
[Added 4-12-1996]
This article shall be effective and apply only to leases executed, establishments initiated or begun or persons applying for a license for an establishment initiated or begun on or after the date of enactment of the original ordinance, October 13, 1995.
[Amended 4-10-1998; 7-18-2014; 1-8-2021]
A. 
Any violation of any provision of this chapter is declared to be a civil offense and is subject to the voluntary assessment and other procedures described in Chapter 55 of this Code.
B. 
Any person violating § 95-2 of this article shall pay a civil assessment of $1,000 per rental period, and shall also pay the Town's court costs and expenses, including its attorneys' fees. A separate violation shall be deemed committed each rental period during or on which a violation occurs or continues.
C. 
Any person violating § 95-3 of this article shall pay a civil assessment of $500 per rental period, and shall also pay the Town's court costs and expenses, including its attorneys' fees. A separate violation shall be deemed committed each rental period during or on which a violation occurs or continues.