The Office of Code Enforcement for the City of New Castle is hereby established. It shall be the duty of the Office of Code Enforcement for the City of New Castle, or any other City employee so designated by the Public Services Director to enforce the provisions of the Housing and Property Maintenance Code and the International Property Maintenance Code (Chapter 140 and Chapter 185), Building Construction (Chapter 102), Floodplain Management (Chapter 130), Dangerous or Vacant Buildings (Chapter 141), Licenses (Chapter 156), Plumbing (Chapter 181), Sluice Gates (Chapter 199), Solid Waste (Chapter 204), Streets and Sidewalks (Chapter 209), Subdivision of Land (Chapter 213), Lines and Grades (Chapter 215), Surveys and Inspections (Chapter 217), Zoning (Chapter 230), and any other similar codes subsequently enacted by Council in the future.
No Code Enforcement Officer or employee who
has an official duty in connection with the administration and/or
enforcement of this code shall be financially interested in furnishing
of labor, materials, or appliances for the construction, alteration,
or maintenance of a building, or in making plans or specifications
therefor, unless he is the owner of such building. No such officer
or employee shall engage in any activity which is inconsistent with
the public interest and his official duties. Any member of the Board
of Housing Appeals who has a direct or indirect interest in the subject
matter on appeal shall not participate in the proceeding.
Except as may otherwise be provided by statute or local law or ordinance, no officer, agent or employee of the City of New Castle charged with enforcement of the code as specified in § 140-7 shall render himself/herself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his/her duties under this chapter. No person who institutes or assists in the prosecution of a criminal proceeding under this chapter shall be liable for damages unless he/she acted with actual malice and without reasonable cause for believing that the person accused or prosecuted was guilty of an unlawful act or omission. Any suit brought against any officer, agent or employee of the City of New Castle, as a result of any act required or permitted in the discharge of his/her duties under this chapter, shall be represented by the legal representative chosen by the Council until the final determination of the proceedings therein.
Subject to the limitations and conditions as
hereinafter stated in this section, it shall be the duty of the Office
of Code Enforcement, or any other City employee so designated by the
Public Services Director to make or cause to be made inspections as
often as necessary to determine the conditions of premises, structures,
dwellings, multifamily dwellings, dwelling units, rooming houses,
rooming units and premises in order to safeguard the health, safety,
and welfare of the public under the provisions of the code. Further,
inspections of structures, dwellings, dwelling units, rooming houses,
rooming units, and premises shall be made on a systematic basis (house
by house, block by block) in areas, communities, or neighborhoods
when it is determined by the Public Services Director that such action
is necessary to properly enforce the provisions of this code.
A.
Property owners who must repeatedly be ordered to
abate violations as established by this Code consume an unacceptable
and disproportionate share of limited City resources. Property owners
who consume an excessive consumption of inspections shall be assessed
a fee for those services.
B.
An excessive consumption of inspections occurs when
written notice of a violation is served as required in this Code and:
(1)
Two additional inspection cycles are performed at
the same location within a consecutive twelve-month period after the
initial inspection; and
(2)
During each of the two additional inspection cycles,
the Code Enforcement Officer finds violations as established in this
Code, which are either new violations, or violations based upon failure
to correct previous violations.
C.
An inspection cycle means that a Code Enforcement
Officer has conducted an inspection, based upon a complaint, or otherwise
has observed a violation of this Code and issued a violation notice
or filed criminal charges in the appropriate judicial court.
D.
The initial notice of violation shall contain a notice
warning, informing the property owner that two additional inspection
cycles for the same property within the next 12 months may be deemed
excessive consumption of inspection services which may result in the
payment of the excessive consumption services fee.
E.
The fee for the third and subsequent inspection cycles
shall be set from time to time by resolution of the City Council.
[Amended 8-11-2009 by Ord. No. 465]
F.
The same location shall be defined as the property
tax parcel number, except in the case of multifamily units which shall
be defined according to each apartment number; however, the same location
shall be defined as the same tax parcel number in an apartment complex
or multifamily residence involving systemic violations, such as heat,
water, electricity, and sewage, which effect the health, safety and
welfare of the occupants.[1]
[1]
Editor’s Note: Former Subsection G, which stated that
a purchaser of property in the City shall not be liable for any excessive
consumption fees arising from inspection services provided to the
previous owner of the subject property, and which immediately followed
this subsection, was repealed 1-12-2016 by Ord. No. 506.
A.
The Code Enforcement Officer shall notify the Public
Services Director in writing of the possible excessive consumption
of inspection services fee. The Code Enforcement Officer shall provide
the name and address of the owner, the dates of the inspections giving
rise to the excessive consumption of inspection services fee, the
violations of this chapter observed, and the amount of the excessive
consumption of inspection services fee. The Public Services Director
shall thereafter cause appropriate billings to be made and shall be
responsible for the collection of the excessive consumption of inspection
services fee.
B.
Unpaid fees for excessive consumption of inspections
shall represent a lien on the property subjected to repeated and excessive
inspections, which lien shall run with the land and not be impaired
by the owner's transfer of title. Such lien shall be enforceable,
and such fees shall be collectible, in the same manner as delinquent
real estate taxes due the City of New Castle as provided for in Section
19.4 of the City Charter.
[Amended 1-12-2016 by Ord. No. 506]
A.
In the event the owner, occupant, or tenant fails
to comply with the lawful order of the Code Enforcement Officer to
make safe or demolish an unsafe structure, correct a dangerous or
unsafe condition or eliminate an infestation of vermin or rodents,
the Code Enforcement Officer shall proceed, when in his or her opinion
emergency action is required, to abate the unsafe condition or infestation
by appropriate means, including demolition and removal of dangerous
structures, utilizing such public or private resources required and
available. All costs incurred by the City for the abatement of such
conditions shall be paid by the owner or possessor of the land in
procedures established in this code.
B.
An unsafe or unsanitary condition on or within the
premises shall be deemed to include, but not be limited to the following:
high grass and or weeds, refuse, rubbish, trash, junk and debris,
abandoned vehicles, or other waste materials in violation of this
code.
C.
If within five days after due notice by the Code Official,
to the owner or possessor of the land or improved premises of an unsafe
or unsanitary condition, such condition is not abated, the City may
legally enter upon said land or improved premises and cause said unsafe
or unsanitary condition to be abated.
D.
In addition to any expense incurred by the City for
the removal or abatement of such violations, an administrative fee
shall be assessed to the owner or possessor of land or improved premises.
Such administrative fee shall be set from time to time by resolution
of the City Council.
[Amended 8-11-2009 by Ord. No. 465]
A.
Any expense of removal or abatement by the City in
the enforcement of this code shall be paid by the owner or possessor
of the land or improved premises within 30 days after notice thereof
by registered or certified mail. If the amount is not paid within
such time, such amount, together with a penalty of 10% of such expense
and interest of 18% per annum, shall be assessed against the land
or improved premises and shall, until paid, constitute a lien against
such land or improved premises in favor of the City upon the filing
by the Finance Department in the office of the Prothonotary Office
of the Superior Court a certificate of lien setting forth the amount
of such expense, including penalty and interest.
B.
In addition to any remedy, the City may maintain a
civil action for the recovery of such expense for removal or abatement
and the penalty and interest against the owner or possessor and shall
be awarded reasonable attorney's fees.
C.
No civil liability shall attach to any act of any
contractor or City employee engaged in carrying out this section.
D.
Any owner or possessor of land who fails to comply
with a notice or order of the Code Official to remove or abate such
conditions as established in this code shall be in violation of this
code.
A.
In any zoning district, it shall be unlawful to park,
store or permit to be parked or stored, other than fully enclosed
in a building, any motor vehicle, prohibited vehicle, or off-highway
vehicle as defined in Title 21 of the Delaware Code Annotated, that
is incapable of being moved under its own power, or that does not
have current registration plates attached to the vehicle. It shall
be unlawful to park, store, or permit to be parked or stored other
than fully enclosed in a building any motor vehicle or off-highway
vehicle that cannot be operated on the roads and highways in compliance
with Title 21 of the Delaware Code Annotated. Notwithstanding the
foregoing, the following motor vehicles or off-highway vehicles shall
be exempt from this prohibition for the period of time specified:
[Amended 5-10-2011 by Ord. No. 482]
(1)
Operative unregistered motor vehicles or operative
off-highway vehicles used for agricultural purposes on farms as defined
in 9 Del. C. Chapter 83, which may be parked or stored for an indefinite
period of time.
(2)
Motor vehicles or off-highway vehicles may be parked
or stored for an indefinite period of time on land appropriately zoned
and used as a junkyard, provided all such motor vehicles or off-highway
vehicles are within an area fully enclosed by a solid fence or wall
of sufficient height to screen adequately from public view such motor
vehicles or off-highway vehicles.
(3)
Motor vehicles or off-highway vehicles may be parked
or stored for a period of time not to exceed 180 days on land appropriately
zoned as a public garage, automobile service station or automobile
paint or body shop for the purposes of repair or service to such motor
vehicles or off-highway vehicles.
(4)
Motor vehicles which are towed by the police may be
parked or stored for an indefinite period of time.
(5)
A person licensed pursuant to Titles 21 and 30 of
the Delaware Code Annotated to sell new or used motor vehicles on
land appropriately zoned for such use may maintain parked or stored
new motor vehicles when such vehicles are parked or stored for sale.
(6)
Operative motor vehicles which are parked awaiting
shipment to another location may be parked or stored for an indefinite
period of time on land appropriately zoned for such use, when the
gross acreage of the lot exceeds two acres.
B.
The open storage for any period of time on residentially
zoned property of any items to include but not limited to appliances,
items, furniture designed and manufactured to be used and stored in
an enclosed building.
C.
The open storage of debris, for example, but not limited
to, dead trees including dead trees, which are still standing, trash,
rock, rubble, broken concrete, and similar materials, is prohibited
in residentially zoned districts. The owner or occupant of the residentially
zoned property shall remove such items from the prohibited location
upon notice from the City.
D.
It shall be the duty of the owner or occupant of a
residentially zoned property to keep shrubbery trimmed so that it
does not encroach upon or extend beyond the line of any sidewalk and
to trim trees so that no branch extends below a height of seven feet
above the width of any sidewalk.
E.
In any zoning district, the placement of a portable
temporary storage unit is allowed for temporary use by the occupant
of a dwelling or operator of a business for a maximum of seven days
within a one-year time period. Such portable storage units are subject
to the following limitations:
[Added 6-10-2008 by Ord. No. 458]
(1)
The temporary storage units shall be set back a minimum
of three feet from any property line. The maximum dimensions for any
such storage unit shall not exceed nine feet in width, nine feet in
height and 17 feet in length.
(2)
The temporary storage units shall be placed on either
a hard concrete or asphalt surface and may displace one or more off-street
parking spaces, provided there is adequate on-street parking for displaced
vehicles.
(3)
A temporary storage unit may be placed within legal
parking areas on the public streets for purposes of loading or unloading
for a maximum time period of 72 hours.
(4)
Exception. In the event that it is unfeasible to place
a temporary storage unit on either a hard concrete or asphalt surface
as required hereinabove, the temporary storage unit may be placed
on unpaved ground on the property. The location of the temporary storage
unit, however, shall not affect the health, safety, and/or welfare
of the neighborhood including, but not limited to, blocking access
to a fire hydrant, occupying a fire lane and/or obstructing line of
sight at street intersections.
(5)
Permits and Fees:
(a)
A permit shall be obtained for each temporary
storage unit prior to placement of the unit. The permit fee shall
be set from time to time by resolution of the City Council, and said
permit shall be issued for any period of time up to the maximum seven-day
limit for the placement of such units or, in the case of placement
on the public streets, a maximum time period of 72 hours. A permit
may be issued after the placement of a unit, at which time that permit
may be issued for a maximum of up to seven days or 72 hours, whichever
is applicable; and the permit fee in these cases shall also be set
from time to time by resolution of the City Council.
[Amended 8-11-2009 by Ord. No. 465]
(b)
Said fee shall be payable to the City of New
Castle and collected at the Administration Offices. Upon the expiration
of the permit, the temporary storage unit shall be removed. Enforcement
of this section of the City Code dealing with temporary storage units
shall be carried out by the Housing Code Enforcement Official.
A.
All land or improved premises within the City, except
that which is used for agricultural purposes shall be maintained as
though such property were being used or occupied. This maintenance
shall include but shall not be limited to:
(1)
Replacing or boarding up of any area having broken
windows.
(2)
Trimming of shrubbery.
(3)
Replacing of deteriorated roofing or siding.
(4)
Repairing or removing of any accessory building and
equipment.
[Amended 5-10-2011 by Ord. No. 482]
(5)
Providing reasonable security measures to prohibit
the unauthorized or illegal use of any building.
(6)
Removing or correcting any condition detrimental to
the health and safety of the general public.
B.
Upon discovery that a parcel is not being maintained in accordance with this Code, the Code Official shall notify the owner or possessor of such land in accordance to procedures adopted by this code or Chapter 185. If however, in the opinion of the Code Official, the violation presents a threat to the health and safety of the general public, the Code Official may immediately take the necessary steps to abate the condition which presents a threat to the health and safety of the general public.
C.
In addition to any expense incurred by the City for
the removal or abatement of such violations, an administrative fee
shall be assessed to the owner or possessor of land or improved premises.
Such administrative fee shall be set from time to time by resolution
of the City Council.
[Amended 8-11-2009 by Ord. No. 465]
Once vacant or abandoned, the exterior structure
and premises must be maintained to the minimum standards as required
by this Code. Any boarding of windows and doors to secure the structure
shall be done in a workman like manner, and according to standards
established by the Director of Public Services, and the materials
used shall conform, to the overall exterior appearance of the structure
and in conformance with minimum requirements of this Code. All exterior
surface materials including wood composition, cinder block, or metal
shall be maintained in a weatherproof condition and the surface coated
to match the structures exterior facade.
A.
Height limitation for undeveloped lots greater than
one acre in size. No person being the owner or possessor of an undeveloped
parcel greater than one acre in size shall permit grasses or weeds
to grow more than eight inches high within 15 feet of any property
line.
B.
Height limitation for developed or undeveloped lots
less one acre in size or less. No person being the owner or possessor
of a developed or undeveloped parcel one acre in size or less shall
permit grasses or weeds to grow more than six inches high or so as
to create a nuisance detrimental to adjoining property or to the health
or safety or other persons.
[Amended 5-10-2011 by Ord. No. 482]
C.
Application to multiple adjacent parcels. If an owner
holds title to more than one parcel and such parcels are adjacent
to each other, sharing a common property line, such parcels may be
considered as one parcel for purposes of the application of this section.
D.
Annual mowing required. Notwithstanding any other
subsection of this section, an owner or possessor of a parcel shall
be required to mow such parcel at least three times per year, on or
before May 30, July 31, and September 30 of each year. If such parcel
contains a population of environmentally invasive plants significant
enough in volume, number and size to cause harm to neighboring properties,
additional cuttings/clearing/mowing may be required.
[Amended 5-10-2011 by Ord. No. 482]
E.
Application to agricultural parcels. This section
shall not apply to any parcel or portion thereof which is growing
agricultural crops or an environmentally sensitive area, as determined
by the Director of Public Services.
A.
No person being the owner or possessor of a developed
or undeveloped parcel of land shall permit refuse, rubbish, trash,
or other waste material to be placed or to accumulate upon such parcel
or right-of-way abutting such parcel so as to create a nuisance detrimental
to adjoining property or to the health or safety of other persons.
B.
An outdoor trash compactor used for the collection
of garbage, refuse, trash, rubbish and other waste shall be maintained
in such a manner so as not to create a nuisance detrimental to adjoining
property or to the health or safety of other persons. Trash compactors
shall, if necessary, be equipped with facilities for deodorizing,
sanitation, and disinfecting. Trash compactors shall be maintained
and shall be emptied so as to avoid accumulation of odors and the
attraction of rats, mice, or other vermin.
A.
No refuse, rubbish, trash, or other waste materials
shall be deposited by any person on land or improved premises outside
of any commercial establishment, except that such refuse, rubbish,
trash or other waste material shall be placed in a metal or heavy
duty plastic container having a lid or a plastic bag having thickness
of not less four mil. The bags shall be closed sufficient to prevent
the contents from being scattered or carried away by natural causes
upon adjoining land or improved premises. The owner or possessor of
such land or improved premises or commercial establishment, any officer
of a corporation being the owner or possessor of such land or improved
premises or commercial establishment, and any agent having management
thereof whose employee or agent violates this section shall be deemed
to be in violation of this code.
B.
The City, in addition to other remedies provided by
law, may apply to the Court of Chancery for injunctive relief against
the owner or possessor of such land or improved premises, to prevent
or abate any continuing violation of this section.
