[HISTORY: Adopted by the Town Council of
the Town of Ocean View as indicated in article histories. Amendments
noted where applicable.]
[Adopted 4-1-2003 by Ord. No. 141A]
The ordinances of the Town of Ocean View, County of Sussex, State of Delaware, of a general and permanent nature, adopted by the Town Council of the Town of Ocean View, as revised, codified and consolidated into chapters and sections by General Code Publishers Corp. and consisting of Chapters 1 through 222, together with an Appendix, are hereby approved, adopted, ordained and enacted as the Code of the Town of Ocean View, hereinafter known and referred to as the "Code."
The provisions of the Code, insofar as they
are substantively the same as those of ordinances in force immediately
prior to the enactment of the Code by this ordinance, are intended
as a continuation of such ordinances and not as new enactments, and
the effectiveness of such provisions shall date from the date of adoption
of the prior ordinance. All such provisions are hereby continued in
full force and effect and are hereby reaffirmed as to their adoption
by the Town Council of the Town of Ocean View, and it is the intention
of said Council that each such provision contained within the Code
is hereby reaffirmed as it appears in the Code.
A copy of the Code, in loose-leaf form, has
been filed in the office of the Town Clerk of the Town of Ocean View
and shall remain there for use and examination by the public until
final action is taken on this ordinance; and, if this ordinance shall
be adopted, such copy shall be certified to by the Town Clerk of the
Town of Ocean View by impressing thereon the Seal of the Town, and
such certified copy shall remain on file in the office of said Town
Clerk to be made available to persons desiring to examine the same
during all times when said Code is in effect.
Any and all additions, deletions, amendments
or supplements to the Code or any new ordinances, when enacted or
adopted in such form as to indicate the intention of the Town Council
to be a part thereof, shall be deemed to be incorporated into such
Code so that reference to the Code shall be understood and intended
to include such additions, deletions, amendments or supplements. Whenever
such additions, deletions, amendments or supplements to the Code shall
be enacted or adopted, they shall thereafter be printed and, as provided
hereunder, inserted in the loose-leaf book containing said Code as
amendments and supplements thereto.
It shall be the duty of the Town Clerk or such
other authorized person to keep up-to-date the certified copy of the
book containing the Code of the Town of Ocean View required to be
filed in the office of the Town Clerk for use by the public. All changes
in said Code and all ordinances adopted by the Town Council subsequent
to the enactment of this ordinance in such form as to indicate the
intention of said Council to be a part of said Code shall, when finally
enacted or adopted, be included therein by temporary attachment of
copies of such changes or ordinances until such changes or ordinances
are printed as supplements to said Code book, at which time such supplements
shall be inserted therein.
A.
Each section of the Code and every part of each section
is an independent section or part of a section, and the holding of
any section or part thereof to be unconstitutional, void or ineffective
for any cause shall not be deemed to affect the validity or constitutionality
of any section or part thereof.
B.
Each section of this ordinance is an independent section,
and the holding of any section or part thereof to be unconstitutional,
void or ineffective for any cause shall not be deemed to affect the
validity or constitutionality of any other sections or parts thereof.
All ordinances of a general and permanent nature
of the Town of Ocean View in force on the date of the adoption of
this ordinance and not contained in such Code or recognized and continued
in force by reference therein are hereby repealed from and after the
effective date of this ordinance.
The repeal of ordinances provided for in § 1-7 of this ordinance shall not affect the following classes of ordinances, rights and obligations, which are hereby expressly saved from repeal:
A.
Any right or liability established, accrued or incurred
under any legislative provision of the Town of Ocean View prior to
the effective date of this ordinance or any action or proceeding brought
for the enforcement of such right or liability.
B.
Any offense or act committed or done before the effective
date of this ordinance in violation of any legislative provision of
the Town of Ocean View or any penalty, punishment or forfeiture which
may result therefrom.
C.
Any prosecution, indictment, action, suit or other
proceeding pending or any judgment rendered prior to the effective
date of this ordinance brought pursuant to any legislative provision
of the Town of Ocean View.
D.
Any franchise, license, right, easement or privilege
heretofore granted or conferred by the Town of Ocean View or any municipal
or intermunicipal agreement.
E.
Any ordinance of the Town of Ocean View providing
for the laying out, opening, altering, widening, relocating, straightening,
establishing grade, changing name, improvement, acceptance or vacation
of any right-of-way, easement, street, road, highway, park or other
public place within the Town of Ocean View or any portion thereof.
F.
Any ordinance of the Town of Ocean View appropriating
money or transferring funds, promising or guaranteeing the payment
of money or authorizing the issuance and delivery of any bond of the
Town of Ocean View or other instruments or evidence of the Town's
indebtedness.
G.
Ordinances authorizing the purchase, sale, lease or
transfer of property or any lawful contract or obligation.
H.
The levy or imposition of special assessments or charges.
I.
The annexation or dedication of property.
J.
Any legislation relating to salaries.
K.
Any ordinance amending the Zoning Map.
L.
Any legislation relating to or establishing a pension
plan or pension fund for municipal employees.
M.
Any legislation adopted subsequent to November 12,
2002.
A.
In compiling and preparing the ordinances of the Town
of Ocean View for adoption and revision as part of the Code, certain
grammatical and other minor changes were made in one or more of said
ordinances. It is the intention of the Town Council that all such
changes be adopted as part of the Code as if the ordinances so changed
had been previously formally adopted to read as such.
All provisions of the Code shall be in full
force and effect on and after the effective date of this ordinance,
which shall take effect immediately upon its final adoption.
[Adopted 3-10-2020 by Ord. No. 368]
A.
Any person who is given a notice of violation, is summoned, or is
convicted of violating the provisions of any chapter of this Code
as enumerated hereafter shall be fined or have imposed a penalty as
set out in that chapter but never less than $50 for the first offense
and no more than $500 for each subsequent offense.
B.
In the event of a continuing violation of any of the provisions of
a chapter of this Code by any person, each day or part of a day during
which any such violation continues shall constitute a separate and
distinct offense under this section.
Any fine or penalty associated with the violation of any section
of the Code of Ocean View set out hereafter, at the option of the
person receiving a notice of violation or summons, may be paid directly
to the Town of Ocean View, thereby avoiding the need to appear in
State court.
All notices of violation shall contain the following statement:
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You are alleged to have violated the Code of the Town of Ocean
View or an Ordinance of the Town. It is specifically alleged that
you personally or as the owner of Tax Parcel Number:
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Committed the Following Violation:
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A violation of Section:
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You may choose one of the two following options:
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Option 1:
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You may have your case heard by a Judge in one of the State
of Delaware Courts by appearing at Justice of the Peace Court No.
14, which is located at 23730 Shortly Road, Georgetown DE 19947 on:
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Day
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Date Between the hours of
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A.M. or P.M.
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Option 2:
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You may pay directly to the Town of Ocean View the amount due.
If you choose this option, your payment must be received at the Melson
Building, located at 201 Central Avenue, Ocean View DE 19970, by no
later than 4:00 P.M. on:
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Day
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Date
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IF YOU CHOOSE OPTION 2 AND FAIL TO MAKE PAYMENT TO THE TOWN
BY 4:00 P.M. ON THE DATE INDICATED ABOVE YOU MUST APPEAR IN THE COURT
DESGINATED IN OPTION 1 OF THIS DOCUMENT. FAILURE TO APPEAR MAY RESULT
IN A WARRANT BEING ISSUED FOR YOUR ARREST BY JUSTICE OF THE PEACE
COURT.
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The amount due to be paid directly to the Town shall be the minimum amount due as set out in the chapter of this Code for which the notice of violation or summons is issued or § 1-12 above.
The Town shall keep a complete record of all payments made to
the Town in accordance with this chapter.
Code Enforcement Officers are authorized to issue summons to
enforce and assess the minimum fines due for violations of the following
chapters of the Code:
|
Title
|
Chapter
|
|---|---|
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Building Construction
|
84
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Buildings, Dangerous
|
88
|
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Licenses
|
93
|
|
Ditches
|
111
|
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Environmental Protection
|
116
|
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Grading, Drainage, and Erosion Control
|
132
|
|
Land Use and Development
|
140
|
|
Property Maintenance
|
169
|
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Restrictions on Hours of Operation of Certain Activities
|
178
|
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Street Naming; Addressing
|
185
|
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Streets and Sidewalks
|
187
|
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Trailers
|
203
|
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Vehicles, Abandoned or Unregistered
|
207
|
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Wireless Communications Facilities and Amateur Radio Antennas
|
216
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Any citation issued for failure to comply with this chapter
shall be mailed to the owner of the property that is the subject of
a citation at the owner's last known address as shown on the assessment
records of the Town.
The owner of a property aggrieved by any civil penalty imposed
pursuant to this section may appeal to the Ocean View Board of Adjustment.
The aggrieved owner of property shall be required to submit the appeal
within 30 days of the issuance of a summons or notice of violation,
along with an appeal fee required by the Code. The payment of the
civil penalty shall be abated until such time as a final nonappealable
order of the Board is entered.
