The provisions of this Article shall govern
the administration and enforcement procedures of the Sussex County
Housing Code. Any municipality that adopts the code as its own may
use these administrative and enforcement procedures as its own or
may develop procedures which are similar in nature.
A.
Except as may otherwise be provided by state or County
statute, no officer, agent or employee of the County of Sussex or
any Sussex County community, charged with the enforcement of this
chapter, shall be rendered 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 duties under this chapter.
B.
No person who institutes or assists in the prosecution
of a criminal proceeding under this chapter shall be liable for damage
therefor, unless such person acted with actual malice and without
reasonable grounds for believing that the person accused or prosecuted
was guilty of an unlawful act or omission.
C.
Any civil suit brought against any officer, agent
or employee of the County of Sussex or of any Sussex County community
as a result of any act required or permitted in the discharge of duties
under this chapter shall be defended by the County Attorney of Sussex
County until the final determination of the proceedings therein.
No officer or employee who has an official duty in connection with the administration and enforcement of this chapter shall be financially interested in the furnishing of labor, materials or appliances for the construction, alteration or maintenance of a building or in making the plans or specifications therefor, unless that person is the owner of such building. No such officer or employee shall engage in any activity which is inconsistent with the public interest and the officer's official duties. Any member of a Board of Appeals, as established under § 71-31 of this article, who has a similar conflicting interest in the subject matter on appeal shall not participate in the voting; however, solely because that members vote is counted will not make the decision void or voidable if the Board of Appeals, with or without knowledge of the material facts as to that members interest, decided in good faith by a sufficient vote not counting the vote of the interested Board of Appeals member.
The Code Official shall keep or cause to be
kept records concerning the enforcement of this chapter, provisions,
which records shall be open to public inspection.
A.
General. The Code Official shall enforce all the provisions
of this chapter relative to the maintenance of structures and premises,
except as may otherwise be specifically provided by other regulations.
B.
Notices and orders. The Code Official shall issue
all necessary notices and orders to abate illegal or unsafe conditions
to ensure compliance with the chapter requirements for the safety,
health and general welfare of the public.
C.
Inspections.
(1)
In order to safeguard the safety, health and welfare
of the public, the Code Official is authorized to enter any structure
or premises at any reasonable time for the purpose of making inspections
and performing duties under this chapter.
(2)
If any owner, occupant or other person in charge of
a structure subject to the provisions of this chapter refuses, impedes,
inhibits, interferes with, restricts or obstructs entry and free access
to any part of the structure or premises where inspection authorized
by this chapter is sought, the Code Official may seek, in a court
of competent jurisdiction, an order that such owner, occupant or other
person in charge cease and desist with such interference.
(3)
Every occupant of a structure or premises shall give
the owner or operator thereof, or agent or employee, access to any
part of such structure or its premises at reasonable times for the
purpose of making such inspection, maintenance, repairs or alterations
as are necessary to comply with the provisions of this chapter.
D.
Credentials. The Code Official or the Code Official's
authorized representative shall disclose proper evidence of his respective
office for the purpose of demonstrating authority to inspect any and
all buildings and premises in the performance of duties under this
chapter.
E.
Rulemaking authority. The Code Official shall have
power, as may be necessary in the interest of public safety, health
and general welfare, to adopt and promulgate rules and regulations,
to interpret and implement the provisions of this chapter, to secure
the intent thereof and to designate requirements applicable because
of local climatic or other conditions.
F.
Annual report. At least annually, the Code Official
shall submit to the chief executive of the community or Sussex County
a written statement of activities in a form and content as shall be
prescribed by the chief executive of that jurisdiction.
A.
General. When a structure is found by the Code Official
to be unsafe or when a structure or part thereof is found unfit for
human occupancy or use, it may be condemned pursuant to the provisions
of this chapter and may be placarded and vacated. Such condemned structure
shall not be reoccupied without approval of the Code Official, but
such approval may not be withheld upon completion of specified corrections
of violations.
B.
STRUCTURE UNFIT FOR HUMAN OCCUPANCY OR USE
UNSAFE EQUIPMENT
UNSAFE STRUCTURE
Definitions. As used in this Section, the following
terms shall have the meanings indicated:
Whenever the Code Official finds that a structure is unsafe
or because it lacks maintenance and is in extreme disrepair, is unsanitary,
vermin or rat infested, contains filth and contamination or lacks
ventilation, illumination, sanitary or heating facilities or other
essential equipment required by this chapter.
Includes any boiler, heating equipment, elevator, moving
stairway, electrical wiring or device, flammable liquid container
or other equipment on the premises or within the structure which is
in such disrepair or condition that it is found to be a hazard to
life, health, property or safety of the public or occupants of premises
or structure. "Unsafe equipment" may contribute to the finding that
the structure is unsafe or unfit for human occupancy or use.
One in which all or part thereof is found to be dangerous
to life, health, property or the safety of the public or the structure's
occupants because it is so damaged, decayed, dilapidated, structurally
unsafe or of such faulty construction or unstable foundation that
it is likely to partially or completely collapse.
C.
Closing of vacant structures. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use and is not in danger of structural collapse, the Code Official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the Code Official shall cause it to be closed through any available public agency or by contract or arrangement by private persons, and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 71-33 of this Article.
A.
Notice to owner or to person or persons responsible. Whenever the Code Official determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred or whenever the Code Official has condemned any structure or equipment under the provisions of § 71-26 of this Article, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the Code Official has condemned the property or part thereof, the Code Official shall give notice to the owner and to the occupants of the intent to placard and to order vacation of the premises or to order equipment out of service.
B.
Form. Such notice shall:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient
for identification.
(3)
Include a statement of the reason or reasons why it
is being issued.
(4)
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit
or structure into compliance with the provisions of this chapter.
(5)
Include an explanation of the owner's and/or occupant's
right to seek modification or withdrawal of the notice by petition
to a Board of Appeals having jurisdiction.
(6)
State penalties for noncompliance.
C.
Service. Such service shall be deemed to be properly
served upon such owner and/or occupant if a copy thereof is delivered
to the owner and/or occupant personally or by leaving the notice at
the usual place of abode, in the presence of someone in the family
of suitable age and discretion, who shall be informed of the contents
thereof, or by certified or registered mail addressed to the owner
at the last known address with return receipt requested or, if the
certified or registered letter is returned with receipt showing that
it has not been delivered, by posting a copy thereof in a conspicuous
place on or about the structure affected by such notice, and at least
one publication of such notice in a local newspaper of general circulation.
D.
Service on occupant. When a condemnation order is
served on an occupant other than the owner or person responsible for
such compliance, a reasonable time to vacate the property after noncompliance
shall be stated. Owners or persons responsible for compliance must
vacate at the time set for correction of defects if there is failure
of compliance.
E.
Penalties. Failure to comply with orders and notices shall be subject to the penalties set forth in § 71-30B of this Article.
F.
Transfer of ownership. It shall be unlawful for the
owner of any dwelling unit or structure who has received a compliance
order or upon whom a notice of violation has been served to sell,
transfer, mortgage, lease or otherwise dispose of such property to
another until the provisions of the compliance order or notice of
violation has been complied with or until such owner shall first furnish
the grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the Code Official and shall
furnish to the Code Official a signed and notarized statement from
the grantee, transferee, mortgagee or lessee acknowledging the receipt
of such compliance order or notice of violation and fully accepting
the responsibility, without condition, for making the corrections
or repairs required by such compliance order or notice of violation.
A.
Placarding of structure. After the condemnation notice
required under the provisions of this chapter has resulted in an order
by virtue of failure to comply within the time given, the Code Official
may post on the premises or structure or parts thereof or on defective
equipment a placard bearing the words "Condemned as Unfit for Human
Occupancy or Use" and a statement of the penalties provided for any
occupancy or use or for removing the placard. The owner or the person
or persons responsible for the correction of violations and all other
occupants shall remove themselves from the property on failure to
comply with the correction order in the time specified.
B.
Prohibited use. Any person who shall occupy a placarded premises or structure or part thereof or shall use placarded equipment and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be subject to the penalties set forth in § 71-30B of this Article.
C.
Removal of placard. The Code Official shall remove
the condemnation placard whenever the defect or defects upon which
the condemnation and placarding action were based have been eliminated.
Any person who defaces or removes a condemnation placard without the
approval of the Code Official shall be subject to the penalties provided
by this chapter.
A.
General. Whenever the Code Official finds that an emergency exists on any premises or in any structure or part thereof or on any defective equipment which requires immediate action to protect the public's health and safety or that of the occupants thereof, the Code Official may, with proper notice and service in accordance with the provisions of § 71-27 of this Article, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the Code Official deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.
B.
Hearing. Any person to whom such order is directed
shall comply therewith. He may thereafter, upon petition directed
to a Board of Appeals having jurisdiction, be afforded a hearing as
prescribed in this chapter. Depending upon the findings of the Board
of Appeals at such hearing as to whether the provisions of this chapter
and the rules and regulations adopted pursuant thereto have been complied
with, the Board of Appeals shall continue such order or modify or
revoke it.
A.
Unlawful acts. It shall be unlawful for any person,
firm or corporation to erect, construct, alter, extend, repair, remove,
demolish, use or occupy any structure or equipment regulated by this
chapter or cause the same to be done, contrary to or in conflict with
or in violation of any of the provisions of this chapter.
B.
Penalty for violation. Any person who shall violate
any provision of this chapter or who fails to comply with any notice
or order issued by the Code Official pursuant to the provisions of
this chapter shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined not less than $25 nor more than $500 or be
imprisoned for a term not exceeding 30 days, or both. Except where
an appeal is taken, each day of a separate and continuing violation
shall be deemed a separate offense. The nearest Justice of the Peace
Court shall have exclusive and original jurisdiction over offenses
prosecuted under this chapter.
C.
Prosecution. In case any violation order is not promptly complied with, the Code Official may direct the County Attorney or the community attorney at law to institute an appropriate action or proceeding at law to seek the penalty provided in Subsection B of this section. Also, the Code Official may ask such legal representative to proceed at law or in equity against the person responsible for the violation for the purpose of ordering that person:
(1)
To restrain, correct or remove the violation or refrain
from any further execution of work;
(2)
To restrain or correct the erection, installation
or alteration of such structure;
(3)
To require the removal of work in violation; or
(4)
To prevent the occupancy or use of the structure or
part thereof erected, constructed, installed or altered in violation
of or not in compliance with the provisions of this chapter or in
violation of a plan or specification under which an approval, permit
or certification was issued.
A.
County Board of Appeals; composition. There shall
be created a County Board of Appeals for the County of Sussex. The
County Board of Appeals shall consist of five members appointed by
the County Council. The terms of the members shall be staggered. The
first and second appointees shall serve for terms of two years; the
third and fourth appointees shall serve for terms of three years;
and the fifth appointee, who shall serve as Chairperson, shall serve
for a term of four years. Any appointment, pursuant to the provisions
hereof, to replace a member whose position becomes vacant prior to
the expiration of that person's term shall be filled only for the
remainder of that term. At least two but no more than three members
of the County Board shall be affiliated with one of the major political
parties, and at least one but no more than two members shall be affiliated
with the other major political party, provided, however, that there
shall be no more than a bare majority representation of one major
political party over the other major political party. Any person who
declines to announce his political affiliation shall be eligible for
appointment as a member of the County Board.
B.
Community Board of Appeals; composition. A Community Board of Appeals may be created in each community of the County. A Community Board of Appeals shall consist of five members, who shall be residents of that community and who shall be appointed by the chief executive of the community for staggered terms as outlined for the County Board of Appeals in Subsection A of this section. Until a community appoints a Board of Appeals, appeals from actions taken by the Code Official shall be to the County Board of Appeals.
C.
Board of Appeals; rules and regulations. Each Board
of Appeals shall adopt and publish rules and regulations as may be
necessary to govern its administrative procedures and proceedings.
D.
Procedure for appeals. Any person aggrieved by an
action taken by the Code Official may appeal from such action by filing
written notice of appeal with the appointed County Board of Appeals
or any Community Board of Appeals having jurisdiction within 10 days
after the giving or posting of notice of such action. An appeal under
this subsection shall stay the effect of the notice of violation or
condemnation and shall prevent the Code Official from proceeding with
the remedies provided under this chapter pending decision by a Board
of Appeals. An appeal to the Superior Court by an aggrieved person
from a decision of such Board of Appeals shall be made in the manner
provided for appeals from administrative decisions.
E.
Vote. A Board of Appeals shall hear all appeals relative
to the enforcement of this chapter within its jurisdiction within
a reasonable period of time after the filing of an appeal and, by
a concurring vote of the majority of its members, may reverse or affirm
wholly or partly or may modify the action appealed from and shall
make such other order or determination as it deems just. Failure to
secure such concurring votes shall be deemed a confirmation of the
decision of the Code Official.
F.
Financial interest. A member of a Board of Appeals
shall not participate in any hearings or vote on any appeal in which
that member has a direct or indirect financial interest.
G.
Records. Each Board of Appeals shall keep a written
or recorded record of each meeting showing clearly the basis for each
decision made by the Board.
A.
General. The Code Official may order the owner of
premises upon which is located any structure or part thereof which,
in the Code Official's judgment, is so old, dilapidated or has become
so out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human habitation, occupancy or use so that it would be unreasonable
to repair the same, to raze and remove such structure or part thereof
or, if it can be made safe by repair, to repair and make safe and
sanitary or to raze and remove at the owner's option or, where there
has been a cessation of normal construction of any structure for a
period of more than two years, to raze and remove such structure or
part thereof.
B.
Order. The order shall specify a time in which the
owner shall comply therewith and specify repairs, if any. It shall
be served on the owner of record or an agent where an agent is in
charge of the building and upon the holder of any lien in the manner
provided for service of a summons by a court of record. If the owner
or a holder of a lien of record cannot be found, the order may be
served by posting it on the main entrance of the building and by publishing
it once each week, for three successive weeks, in a newspaper of general
circulation in accordance with the rules of the Superior Court.
C.
Restraining actions. Anyone affected by any such order
may, within 30 days after service of such order, apply to a court
of record for an order restraining the Code Official from razing and
removing such structure or parts thereof. The court shall determine
whether the order of the Code Official is reasonable, and, if found
unreasonable, the court may issue a restraining order.
D.
Failure to comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the Code Official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in § 71-33 of this Article.
E.
Salvage materials. When any structure has been ordered
razed and removed, the Code Official or other designated officer may
sell the salvage and valuable materials resulting from such razing
or removal, such materials to be sold at the highest price obtainable.
The net proceeds of such sale, after deducting the expenses of such
razing and removal, shall be promptly remitted with a report of such
sale or transaction, including the items of expense and the amounts
deducted, for the use of the person who may be entitled thereto, subject
to any order of a court. If such a surplus does not remain to be turned
over, the report shall so state.
There is hereby created a tax lien on real property
for moneys expended by the County or a community for razing, demolition,
removal or repairs of buildings or abatement of other unsafe conditions
constituting a threat to the public health and safety where the responsible
party refuses or fails to comply with the lawful order of the Code
Official after due notice thereof, either actual or constructive.
Upon certification of a tax lien to the appropriate County or community
official by the Code Official, the amount of such lien shall be recorded
and collected in the same manner as other County real estate taxes
and paid to the County or community, when collected, by the appropriate
County government.
This chapter shall not affect violations of
any other ordinance, code or regulation of the County of Sussex or
a municipality existing prior to the effective date hereof, and any
such violation shall be governed and shall continue to be enforced
to the full extent of the law under the provisions of such ordinances,
codes or regulations in effect at the time the violation was committed.
