Kent County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Levy Court of Kent County 6-15-1999 by Ord. No. 99-12. Amendments noted where applicable.]

§ 90-1 Intent.

A. 
The intent of this chapter is to provide the people of Kent County, Delaware the assurance that all violations of Kent County codes and ordinances will be dealt with uniformly, by establishing violation categories that will afford responsible parties a time period determined by the nature of the offense in which to achieve compliance before judicial action is taken by the Division of Inspections and Enforcement.
B. 
This chapter hereby ordains that persons previously found and served notice of an offense of county law are not afforded any grace period for compliance if they are found to be responsible for any future offenses of the same nature on any property in Kent County.
C. 
The counting of calendar days regarding any violation shall begin either when the certified mail is sent or a correction order is delivered in person and when the property has been posted.
[Amended 7-12-2016 by Ord. No. 16-10]

§ 90-2 Procedures for handling complaints of possible violations.

A. 
Initial complaint: Complaint is made by resident or field observation of department staff member of an alleged violation of a county code.
B. 
Form generated: Inspection and Enforcement employee enters complaint information on to complaint form. Information is then entered into violation management system and assigns number.
C. 
Constable is assigned: Enforcement Constable is assigned complaint/violation.
D. 
Field observation: Constable inspects site and determines if violation exists, posts property citing violation and length of time allotted for compliance. Hand delivers correction order to responsible party if available.
E. 
Letter of violation: Prepared to be sent to owner or responsible party if personal contact cannot be established.
F. 
Follow up inspection: Return visit after allotted grace period elapses to determine if compliance has been achieved or extension of time is warranted.
G. 
Summons issued: If after the time allotted the violation is not brought into compliance with county regulations, a summons will be served.

§ 90-3 Two-day (forty-eight-hour) compliance.

A. 
Enforcement procedure: Violation to be corrected within two calendar days (48 hours) of responsible party having personally received notice of violation or the certified mail being sent and the property being posted.
[Amended 7-12-2016 by Ord. No. 16-10]
B. 
The following categories of violations of provisions set forth in Kent County codes and ordinances will have 48 hours to comply:
(1) 
Safety violation: Public and/or personal safety and welfare, including all railings, fencing and barrier requirements.
(2) 
Health violation: Sanitation problem, stagnant water, rodent and or nuisance insect infestation.
(3) 
Structures without permits: Any structure covered by the provisions of the Kent County building codes and supplements thereto found to be under construction and/or built, renovated, demolished, placed or altered without a building permit.
(4) 
Hazardous situations: Open pits, wells and septic systems. Structures in imminent danger of collapsing.
(5) 
Smoke detectors: Lack of required operating smoke detectors.
(6) 
Mechanical equipment: Any mechanical equipment, including water heaters, fireplaces and solid-fuel-burning appliances not installed properly and/or maintained in a safe working condition.

§ 90-4 Four-day (ninety-six-hour) compliance.

A. 
Enforcement procedure: Violation to be corrected within 96 hours (four calendar days) of responsible party having received oral or written notice of violation.
B. 
The following categories of violations of provisions set forth in Kent County codes and ordinances will have 96 hours (four calendar days) to comply, assuming the violator heeded.
(1) 
Noise Ordinance: All violations of the Kent County Noise Ordinance.[1]
[1]
Editor's Note: See Ch. 161, Noise.
C. 
Refusing to comply with this department's verbal order to cease or abate the noise immediately will result in the serving of a summons.

§ 90-5 Five-day compliance.

[Amended 7-12-2016 by Ord. No. 16-10]
A. 
Enforcement procedure: Violation to be corrected within seven calendar days of responsible party having personally received notice of violation or the certified mail being sent and the property posted.
B. 
The following categories will be cited in violation and will have five calendar days after responsible party has been notified in which to comply:
(1) 
Grass and weeds: Tall grass or weeds or any plant, tree or shrub found to be in violation of any county code or ordinance.
(2) 
Structural: Porches, hand rails, cracked chimney, roof problems, siding, fencing, painting, etc., per any county code.
(3) 
Trash: Any improperly stored household trash, including organic matter.

§ 90-6 Ten-day compliance.

A. 
Enforcement procedure: Violation to be corrected within 10 days of responsible party having personally received notice of violation or the certified mail being sent and the property posted.
[Amended 7-12-2016 by Ord. No. 16-10]
B. 
The following categories will be cited in violation and will have 10 calendar days after responsible party has been notified in which to comply:
(1) 
Vehicles: Unregistered and or junk vehicles located on premises not within enclosed structure.
(2) 
Rubbish: Any accumulation of rubbish, including any and all household items, appliances, furniture, furnishings, construction materials, tools or any and all discarded or improperly stored items.
(3) 
Outside storage: Any items stored on the exterior premises not in compliance with county codes and ordinances.

§ 90-7 Thirty-day compliance.

A. 
Enforcement procedure: Violation to be corrected within 30 calendar days of responsible party having personally received notice of violation or the certified mail being sent and the property having been posted.
[Amended 7-12-2016 by Ord. No. 16-10]
B. 
The following categories will be cited in violation and will have 30 calendar days after responsible party has been notified in which to comply:
(1) 
Swimming pools: Pool in violation to be filled or dismantled.
(2) 
Serious structural problems: Any deficiency in a structure that diminishes the structural integrity of said structure.
(3) 
Manufactured home setup: Complete installation meeting the requirements of Kent County's Manufactured Home Code and Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 156, Manufactured Homes, and Ch. 205, Zoning.
(4) 
Manufactured homes: Removal from property.
(5) 
Grading and drainage: Any regrading or grade elevation in violation of Kent County Zoning Ordinance and building codes.
(6) 
Zoning violation: Correction of any violation of Kent County zoning ordinances not previously covered.

§ 90-8 Ninety-day compliance.

A. 
Enforcement procedure: Violations to be corrected with 90 days of responsible party having personally received notice of violation or the certified mail being sent and the property being posted.
[Amended 7-12-2016 by Ord. No. 16-10]
B. 
The following categories will be cited in violation and will have 90 days after responsible party has been notified in which to comply:
(1) 
Condemnation/demolition: Complete removal of structure(s) and grading of site.