[HISTORY: Adopted by the Mayor and Council of the Town of Selbyville
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
As used in this chapter, the following terms shall have the meanings
indicated:
Any structure having a roof supported by columns or walls and intended
for the shelter or enclosure of persons, animals or property.
Any building or structure which has any or all of the following conditions:
Those where any interior wall or walls, or other structural load-bearing
members, list, lean or buckle to such an extent that a plumb line, passing
from any overhead supporting member through the center of gravity, falls outside
the middle third of its base.
Those which, exclusive of the foundations, show 331/3% or more of deterioration
of the supporting member or members or 50% or more damage to or deterioration
of the nonsupporting enclosing or exterior walls or covering.
Those which have improperly distributed loads upon the floors or roofs,
or in which the floors or roofs are overloaded or which have insufficient
strength to be reasonably safe for the purpose used, and which do not meet
minimum standards prescribed by the Building Code.[1]
Those having inadequate or insufficient facilities for ingress or egress
in the event of fire, panic or other emergency; or those having insufficient
stairways, elevators, fire escapes, aisles, passageways, corridors or other
means of access; and which do not meet minimum standards prescribed by the
Building Code.
Those which have parts thereof which are so attached or connected in
such a manner that they may fall, collapse or cause damage and injury to the
occupants thereof or other persons or property.
In addition to the foregoing, those which, in whole or in part, are
used for residential, mercantile, industrial, storage, assembly, institutional
or any other purpose and, for want of repair, lack of sufficient fire escapes
or exits or by reason of age or dilapidated condition or from any other cause,
may be or shall at any time hereafter become dangerous or unsafe structurally
or a fire hazard or a nuisance to the general public.
A vacant building, unguarded or open at the door or window.
Anything constructed or erected, the use of which requires location
on the ground or attachment to something located on the ground.
A building or structure or part thereof is unsafe, dangerous or a serious
hazard if it is one which:
A.
Is or may become dangerous or unsafe to the general public
or any inhabitants or users thereof by reason of bad conditions of walls,
overloaded floors, defective construction, deterioration or lack of safeguards
against fire or other causes;
B.
Is open at the doorways, windows or other entries making
it accessible to and an object of attraction to minors as well as to vagrants
or other trespassers;
C.
Is or may become a place of rodent or vermin infestation;
D.
Presents any other danger to the health, safety, morals
and general welfare of the public; or
E.
Is unfit for the purposes for which it may be lawfully
used.
The maintaining of any dilapidated building on any property located
within the corporate limits of the Town of Selbyville which constitutes a
serious hazard to life and property shall be and is hereby declared to be
a common and public nuisance.
The Mayor shall, upon complaint for two or more residents of the town
or upon a resolution passed by the Town Council of the Town of Selbyville,
appoint a Hazard Inspection Committee consisting of not less than three members,
at least two of whom shall be elected Council members. One of the Council
members so appointed by the Mayor shall be designated by the Mayor to be Chairman
of the Committee.
Whenever the Town Council receives any information that a building located
within the corporate limits of the Town of Selbyville is a serious hazard
to life and property, the Mayor shall direct the Hazard Inspection Committee
to investigate and determine whether the building is a serious hazard to life
and property.
The Hazard 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 Hazard 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.
The notice shall set forth the findings and conclusions of the Hazard Inspection
Committee. It shall be served upon the owner and the occupant of the premises
or the agent of either of them. Such notice shall be deemed to be properly
served if a copy thereof is served upon such person personally or is sent
by certified or registered mail to his last known address or is posted in
a conspicuous place in or about the premises affected by the notice. Such
notice shall also state that, unless within 10 days from service of the notice
a written request is made for a hearing before the Town Council, said notice
shall, at the expiration of such ten-day period, be deemed an order to cease
and desist from and to abate the described violation, and such notice shall
prescribe a reasonable time within which such person shall be required to
cease and desist from and abate such violation. The notice may also contain
an outline of remedial action which, if taken, will effect compliance with
the provisions of this chapter.
B.
If a hearing as aforesaid is requested, it shall be commenced
not later than 20 days after request therefor is made, provided that for good
cause the Town Council may postpone such hearing for a reasonable time. If,
after a hearing, the Town Council finds that no violation exists, it shall
withdraw the notice. If it finds that a violation does exist, it shall enter
and issue an order requiring the abatement of same within a prescribed, reasonable
time. The proceedings at such hearing, including the findings and decision
of the Town Council, shall be summarized, reduced to writing and entered as
a matter of public record in the office of the Town Council.
C.
Whenever the Town Council find that an emergency exists
which requires immediate attention to protect the public health or safety,
it may, without notice or hearing, issue an order reciting the existence of
such an emergency and requiring that such action be taken as it deems necessary
to meet the emergency. Notwithstanding any other provisions of this chapter,
such order shall be effective immediately. Any person to whom such order is
directed shall comply therewith immediately, but upon petition to the Town
Council, shall be afforded a hearing as soon as possible. After such hearing,
the Town Council shall continue such order in effect or modify or withdraw
it.
A.
Action upon noncompliance. Upon the failure, neglect
or refusal of any owner or agent to comply properly with this chapter within
48 hours after receipt of the written notice or within 48 hours after the
date of such notice in the event that the same is returned to the Town Council
because of their inability to make delivery thereof, and provided that same
was properly addressed to the last known address of the last owner or agent,
the Town Council is hereby authorized and empowered to pay for the correction
of such violation.
B.
Charge included in tax bill. When the Town Council has
effected the correction of the violation or has paid for its removal, the
actual cost thereof, plus the accrued legal rate of interest per annum from
the date of the completion of the work, if not paid by such owner prior thereto,
shall be charged to the owner of such property on the next regular tax bill
forwarded to such owner by the Town Council, and such charge shall be due
and payable by said owner at the time of payment of such bill.
C.
Filed statement constitutes lien. Where the full amount
due the Town Council is not paid by such owner within 20 days after the correction
of such violation, then and in that case the Town Council shall cause to be
filed in the office of the town a sworn statement showing the cost and expense
incurred for the work, the date the work was done and the location of the
property by tax map number, section, lot and block on which said work was
done and the name of the reputed owner thereof. The filing of such sworn statement
shall constitute a lien and privilege on the amount due in principal and interest,
plus the cost of court, if any, for collection, until final payment has been
made. Said cost and expenses shall be collected in the manner fixed by law
for the collection of taxes and, further, shall be subject to a delinquent
penalty at the legal rate of interest in the event that same is not paid in
full or on before the date the tax bill upon which such charge appears becomes
delinquent. Sworn statements filed in accordance with the provisions hereof
shall be prima facie evidence that all legal formalities have been complied
with and the work has been properly and successfully done and shall be full
notice to every person concerned that the amount of the statement, plus interest,
constitutes a charge against the property designated and described in the
statement and that the same is due and collectible as provided by law.
D.
Enforcement. In addition to any other remedies, if the
owner fails to comply with the orders issued by the Town Council within the
time limit specified, the Town Council may authorize the Town Solicitor to
file suit in a court of competent jurisdiction against such owner and obtain
the necessary order to enforce the directions of the Town Council. In this
event, the Town Council shall be entitled to collect from the offending party
or parties the town's reasonable legal fees and costs, including attorney
fees, as part of any judgment or award in a civil action brought to restrain
or enjoin a violation. Civil remedies are in addition to and not in lieu of
the penalties provided in this chapter.
Any provision of this chapter to the contrary notwithstanding, where
it reasonably appears that there is imminent danger to the life or safety
of any person unless a dangerous building or structure, as defined herein,
is immediately repaired, vacated or demolished, the Building Inspector shall
cause the immediate repair, vacation or demolition of such dangerous building
or structure. For this purpose he may at once enter such structure or land
on which it stands, or abutting land or structure, with such assistance and
at such cost as may be necessary. He may vacate adjacent structures and protect
the public by appropriate barricades or such other means as may be necessary
and for this purpose may close a public or private way. The cost of such emergency
repair, vacation or demolition of such dangerous building or structure shall
be collected from the property owner.
Any person, firm or corporation violating any of the provisions of this
chapter shall, upon conviction, be subject to a fine of $10 a day, plus costs,
including the Town Attorney fees and Victim's Compensation Fund assessment,
and imprisonment for a term of not less than 10 days nor more than 30 days
for the first such conviction. Each day that a violation of any of the provisions
of this chapter continues shall be deemed and taken to a separate and distinct
violation.
