City of Rehoboth Beach, DE Chapter 208 Property Maintenance

[HISTORY: Adopted by the Commissioners of the City of Rehoboth Beach 9-16-2016 by Ord. No. 0916-02. Amendments noted where applicable.]

§ 208-1 Adoption of standards.

The International Property Maintenance Code, 2012 edition, as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Rehoboth Beach, in the State of Delaware, and each and all regulations, provisions, penalties, conditions and terms of said Property Maintenance Code are hereby referred to, adopted, and made part hereof, as if fully set out herein.

§ 208-2 Amendment to Section 101.1.

Section 101.1 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "[NAME OF JURISDICTION]" as such phrase appears therein and inserting in lieu thereof the phrase "the City of Rehoboth Beach."

§ 208-3 Amendment to Section 103.5.

Section 103.5 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting it in its entirety.

§ 208-4 Amendment to Section 106.3.

[Amended 6-21-2019 by Ord. No. 0619-01]

Section 106.3 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrases "misdemeanor or" and "as determined by the local municipality" and inserting after the phrase "civil infraction" the phrase "pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach."

§ 208-5 Amendment to Section 106.4.

[Amended 6-21-2019 by Ord. No. 0619-01]

Section 106.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by striking Section 106.4, as Section 106.4 appears therein, and inserting in lieu thereof a new Section 106.4 as follows:

106.4 Violation penalties. Any person who shall violate a provision of this Code, or fail to comply therewith, or with any of the requirements thereof, where no specific penalty or assessment is provided therefor, the violation of any such provision of this chapter shall have committed a civil offense pursuant to Chapter 126 of the Municipal Code of the City of Rehoboth Beach and pay a civil assessment of $100. Each day that a violation continues after due notice has been served shall be deemed a separate offense.

§ 208-6 Amendment to Section 111.

Section 111 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting it in its entirety.

§ 208-7 Amendment to Section 112.4.

Section 112.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" as such phrase appears therein and inserting in lieu thereof the phrase "shall be liable to a fine of not less than $100 nor more than $500."

§ 208-8 Amendment to Section 302.4.

Section 302.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "All premises and exterior property shall be maintained free from weeds or plant growth in excess of (jurisdiction to insert height in inches)" as such phrase appears therein and inserting in lieu thereof the phrase "All premises and exterior property shall be maintained free from weeds or plant growth in excess of 10 inches."

§ 208-9 Addition of Subsection 302.4.1.

Section 302.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by adding new Subsection 302.4.1 as follows:

302.4.1 Cost of removal by City; payment by owner. Whenever the City Manager has affected the removal of any unregulated growth or has paid for its removal pursuant to the provisions of this chapter, the actual cost thereof, together with an additional charge of 20% of the actual charge to defray administrative expenses, plus accrued interest at the rate of 6% per annum from the date of completion of the work, if not paid by the owner or occupier prior thereto, shall be charged to the owner or occupier of such property on the next regular tax bill by the City. Such charge shall be due and payable by the owner at the time of payment of such tax bill.

§ 208-10 Amendment to Section 302.

Section 302 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by adding a new Subsections 302.10 and 302.11 to read as follows:

	302.10 Restrictions in the event of a water shortage or emergency.
	A.	The City Manager shall be and he is hereby authorized to issue an order directing that water shall not be used for the sprinkling of streets, grass, shrubs and gardens in the event of a shortage of water or if an emergency exists.
	B.	No person shall, directly or indirectly, use the water from the mains of the city for the purpose of sprinkling streets, grass, shrubbery and gardens if the City Manager has issued an order provided for in this section.
	302.11 Uncovered excavation deemed abandoned. For the purposes of this article, an excavation for construction of a building which remains uncovered for a period of 30 days shall be considered to be an abandoned excavation.
		302.11.1 Maintenance declared a nuisance. The maintaining of abandoned excavations on any property located within the corporate limits of the City of Rehoboth Beach which constitute a serious hazard to life and property shall be a violation of this chapter.
		302.11.2 Investigation and report. Whenever the Building Inspector, the City Manager or the Commissioners of Rehoboth Beach receive any information that an abandoned excavation exists within the corporate limits of the City of Rehoboth Beach, the Building Inspector shall forthwith investigate and determine whether the excavation is an abandoned excavation constituting a serious hazard to life and property and shall make a report, in writing, to the Commissioners of Rehoboth Beach at the next regular meeting thereof, setting forth his findings and conclusions concerning the excavation.
		302.11.3 Notice of public hearing. If the Building Inspector concludes, following his investigation, that an excavation is an abandoned excavation, the Commissioners of Rehoboth Beach shall cause a notice to be directed to the owner of the building at his, her or their last known address, setting forth the findings and conclusions of the Building Inspector. The notice shall set a time and date for a public hearing before the Commissioners of Rehoboth Beach to afford the interested parties an opportunity to show cause, if any they have, why the excavation investigated by the Building Inspector should not be declared to be an abandoned excavation and a hazard to life and property and why it should not be ordered refilled. The date of the public hearing shall not be later than 20 days from the date of the notice. Any notice given pursuant to this section shall be by certified mail with return receipt requested. The Commissioners of Rehoboth Beach shall also direct that a copy of said notice be posted on the premises where the excavation exists.
		302.11.4 Presentation of evidence. At the public hearing, the owner of the building shall be permitted to present evidence why the excavation should not be declared an abandoned excavation and a common and public nuisance and why he should not be ordered to abate the condition by refilling such excavation.
		302.11.5 Findings. Following the hearing and presentation of any evidence by the owner, the Commissioners of Rehoboth Beach shall issue its findings and conclusions concerning the excavation. If it is found that the excavation is an abandoned excavation and constitutes a hazard of life and property, it shall be declared to be a common and public nuisance and its refilling by a certain date shall be ordered.
		302.11.6 Failure to comply. If the owner fails to comply with any order issued by the Commissioners of Rehoboth Beach within the time specified in the order, the Commissioners of Rehoboth Beach shall authorize the City Solicitor to file suit in a court of competent jurisdiction against such owner and obtain the necessary order to enforce the directions of the Commissioners of Rehoboth Beach.

§ 208-11 Amendment to Section 304.14.

Section 304.14 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "During the period from [DATE] to [DATE]" as such phrase appears therein and inserting in lieu thereof the phrase "During the period from April 1 to September 30."

§ 208-12 Amendment to Section 602.3.

Section 602.3 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "during the period from [DATE] to [DATE]" as such phrase appears therein and inserting in lieu thereof the phrase "during the period from October 1 to March 31."

§ 208-13 Amendment to Section 602.4.

Section 602.4 of the Property Maintenance Code of the City of Rehoboth Beach be and the same is amended by deleting the phrase "during the period from [DATE] to [DATE]" as such phrase appears therein and inserting in lieu thereof the phrase "during the period from October 1 to March 31."