[HISTORY: Adopted by the Town Council of the Town of Ocean View 1-8-2002
by Ord. No. 118. Amendments noted where applicable.]
The maintaining of dangerous buildings on any property located within
the corporate limits of the Town of Ocean View, which constitute a serious
hazard to life and property, shall be and is hereby declared to be a common
and public nuisance.
As used in this chapter, the following words and phrases shall have
the following meanings, unless the context clearly indicates that a different
meaning is intended:
Any building, structure or portion thereof which threatens the life,
health, safety or property of the public or its occupants by reason of inadequate
maintenance, dilapidation, obsolescence, fire hazard, disaster, damage or
abandonment shall be deemed a "dangerous building." The conditions that may
cause a structure to be classified as a dangerous building include, but are
not limited to, any one or combination of the following conditions:
The walking surface of any aisle, passageway, stairway or other means
of exit is so warped, worn, loose, torn or otherwise unsafe as not to provide
a safe and adequate means of exit in case of fire or panic.
Any portion, member or appurtenance of the building or structure has
been damaged by fire, earthquake, wind, flood or by another cause, to such
an extent that it is likely to partially or completely collapse, fail, detach
or dislodge.
The building or structure, or any portion thereof, because of dilapidation,
deterioration or decay; or faulty construction; or the removal, movement or
instability of any portion of the ground necessary for the purpose of supporting
such building; or the deterioration, decay or inadequacy of its foundation;
or any other cause, is likely to partially or completely collapse.
The building or structure has been so damaged by fire, wind, earthquake
or flood, or has become so dilapidated or deteriorated as to become an attractive
nuisance to children, or a harbor for transients, vagrants, or criminals.
The building or structure, used or intended to be used for dwelling
purposes, is unsanitary, unfit for human habitation or in such a condition
that it is likely to cause sickness or disease because of inadequate maintenance,
dilapidation, decay, damage, faulty construction or arrangement, inadequate
light, air or sanitation facilities or other cause.
The building or structure creates a fire hazard by virtue of its obsolescence,
dilapidated condition, deterioration, damage, inadequate exiting, lack of
sufficient fire-resistive construction, faulty electric wiring, gas connections
or heating apparatus, or other cause.
The building or structure constitutes a public nuisance as defined by
law.
Any portion of the building, including the foundation and slab or grade,
or structure remains on a site after the demolition or destruction of the
building or structure.
The exits of the building or means of exiting do not conform to the
applicable Town ordinances regarding the number of exits or any other feature
which may cause a hazard to life or safety of the occupants or general public.
There are defective or overloaded electrical systems, faulty or leaking
fuel piping systems, or deteriorated fuel combustion equipment or combustion
product vents.
The existing use or occupancy violates the fire, health or building
regulations of applicable Town ordinances.
The Town Council shall, upon complaint from two or more residents of
the Town of Ocean View, adopt a resolution appointing a Dangerous Building
Inspection Committee consisting of not less than three members, at least two
of whom shall be elected members of the Council. One of the elected members
so appointed shall be designated as Chairman of the Committee.
Whenever the Town Council receives any information that a building located
within the corporate limits of the Town of Ocean View is a serious hazard
to life and property, the Town Manager shall direct the Dangerous Building
Inspection Committee to investigate and determine whether the building is
a serious hazard to life and property.
The Dangerous Building Inspection Committee shall proceed to make its
investigation and shall make a report to the Town Council, not later than
30 days after having been directed to make an investigation, setting forth
in writing its findings and conclusions concerning the building.
A.
If the Dangerous Building Inspection Committee concludes
following its investigation that the building is a serious hazard to life
and property, the Town Council shall cause a notice to be directed to the
owner of the building at his last known address. The notice shall set forth
the findings and conclusions of the Dangerous Building Inspection Committee.
It shall set a time and place for a public hearing before the Town Council
to afford the interested parties an opportunity to show cause why the building
investigated by the Dangerous Building Inspection Committee should not be
declared to be a hazard to life and property and why it should not be ordered
to be demolished.
B.
Notice shall be given pursuant to this section by certified
or registered mail with return receipt requested at least 20 days prior to
the date of the hearing. If notice by mail is unsuccessful, notice may then
be accomplished by posting a copy of the notice in placard form in a conspicuous
place on the premises at least 10 days prior to the date of the hearing and
by publication of such notice in a newspaper of general circulation in the
Town of Ocean View for at least two consecutive weeks prior to the date of
the hearing.
At the public hearing, the owner of the building shall be permitted
to present evidence why the building should not be declared to be a common
and public nuisance and why he should not be required to abate the dangerous
conditions found by the Dangerous Building Inspection Committee.
Following the hearing and presentation of any evidence by the owner,
the Town Council shall issue its findings and conclusions concerning the building.
If it is found that the building constitutes a hazard to life and property
but that measures may be taken to remove the dangerous conditions and render
the building safe, the findings and conclusions shall specify what measures
shall be taken to correct the conditions and shall specify a time limit within
which the corrective measures shall be taken.
If it is found, following the hearing, that conditions render the building
a hazard to life and property and that no corrective measures may be taken
to abate the conditions and render the building safe, the building shall be
declared by the Town Council to be a common and public nuisance, and its demolition
by a certain date shall be ordered.
Whenever the owner of a property fails to comply with the order issued
by the Town Council within the time prescribed, the Town Council shall authorize
the Town Solicitor to file suit in a court of competent jurisdiction to obtain
the necessary order to enforce the directions of the Town Council or to have
the building demolished at the cost and expense of the owner. The cost of
the razing and removal of such building or structure shall become a tax lien
pursuant to 25 Del. C. Chapter 29.
Any person affected by an order issued by the Town Council pursuant
to this chapter may, within 30 days after service of such order, apply to
a court of competent jurisdiction to appeal such order or seek an injunction
restraining the Town Council from razing the structure.
