For the purposes of this chapter the following definitions shall
be applicable unless the context clearly indicates to the contrary:
Include but not be limited to old tires, motor vehicle parts,
damaged or abandoned motorized machinery, motor vehicles, trailers,
boats or related equipment, rubbish, garbage, trash, organic waste,
inorganic waste, household furniture, appliances and other obvious
junk or salvage, which can endanger the public safety, fire safety,
and/or create an environment for rodent infestation.
To store, use or in any way maintain.
Includes an individual, natural person, joint-stock company,
partnership, voluntary association, society, club, firm, company,
corporation, business, trust, organization or any other group acting
as a unit, with a manager, lessee, agent, servant, partner, member,
director, officer or employee of any of them, including an executor,
administrator, trustee, receiver or other representative appointed
according to law.
Those areas of a structure or yard which are open to the
weather.
The unreasonable interference with the health, safety, peace,
comfort or convenience of the general community.
Includes the duly appointed or designated Town Manager of
the Town of Millville, as well as such other person under his or her
supervision who is directed to enforce the provisions hereof.
It is the purpose of this chapter to eliminate the keeping of
detrimental objects and/or materials on premises within the corporate
limits of the Town of Millville.
This chapter is declared to be remedial and shall be construed
to secure the beneficial intent and purposes thereof which are to
eliminate dangerous conditions detrimental to public good and to protect
the public health, safety and general welfare of the property owners
and residents of the Town of Millville.
It shall be unlawful for any occupant or owner of any premises,
within the corporate limits of the Town of Millville to keep, to store,
to have stored or permit to be stored on the premises any object or
objects or any material of a detrimental nature which is unsuitable
for outside storage or use, that would detract from the peace, health,
safety or tranquility of the premises whereon it is stored or of the
adjoining premises, and the storage of such object or objects is hereby
declared to be detrimental to the public health, safety and general
welfare of the property owners and residents of the Town of Millville
and a common and public nuisance.
Clothes hung or placed to dry on roofs, walls, fences, stairs,
trees, bushes or carport areas where such is viewable from the public
right-of-way within the Town of Millville are declared a public nuisance.
Whenever any person shall complain to the Town Manager, or his/her
designee, that a property owner or tenant is storing or maintaining
detrimental objects or material on premises within the Town of Millville,
the Town Manager may investigate.
Upon a finding by the Town Manager that a property owner or
tenant is storing, using or maintaining detrimental objects or materials
on premises, the Town Manager, or his or her designee, shall send
by certified mail with return receipt requested and postage prepaid
a notice to the owner of record of the property as shown on the tax
assessment records of the Town to take whatever steps necessary to
alleviate the nuisance within 10 days following receipt of such notice.
Such notice shall contain the following information:
Upon the failure of the property owner or tenant to remove the
detrimental objects and/or material being maintained in violation
of the provisions of this chapter within the time specified as aforesaid,
the Town Manager, or his/her designee, may proceed to remove the objects
and/or material being maintained in violation of this chapter or otherwise
remedied at the expense of the owner of said property and, when completed,
a bill for the costs thereby incurred as determined by the Town Council
in the name of the Town of Millville shall, as soon as convenient
thereafter, be presented by certified mail with return receipt requested
and postage prepaid to the owner of said property or the tenant of
said owner.
If the bill so presented by the Town Manager on behalf of the
Town of Millville shall not be paid within 30 days following delivery
thereof by certified mail with return receipt requested and postage
prepaid, the Town Manager of the Town of Millville may institute an
action in the corporate name in any court of competent jurisdiction
in the State of Delaware for the collection of the debt to collect
the same in a manner now or hereafter provided for the collection
of judgments in the State of Delaware or to proceed by any other method
provided in the Charter of the Town of Millville for the collection
of debts due the Town of Millville.
In addition to any other remedy provided for in this chapter
and because the purpose of this chapter is to safeguard and protect
the public health, safety and general welfare of the property owners
and residents of the Town of Millville, the Town Manager is hereby
authorized to bring an action in any court of competent jurisdiction
to enjoin any violation of any provision of this chapter.
