[HISTORY: Adopted by the Commissioners of
the Town of Henlopen Acres as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-13-1995]
As used in this article, the following terms
shall have the meanings indicated:
Any building or part thereof located within the corporate
limits of the Town of Henlopen Acres ("Town"), including rental units.
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]
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]
Individuals, partnerships, firms, companies, associations
and corporation.
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:
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.
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.
[Amended 1-8-2021]
All license fees shall be due and payable to
the Town not later than the 31st day of January of each year, and
all licenses shall expire on the 31st day of the December following.
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.
