[HISTORY: Adopted by the Levy Court of Kent
County 6-15-1999 by Ord. No. 99-12. Amendments noted where applicable.]
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]
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.
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.
A.
Enforcement procedure: Violation to be corrected within
96 hours (four calendar days) of responsible party having received
oral or written notice of violation.
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.
[Amended 7-12-2016 by Ord. No. 16-10]
A.
Enforcement procedure: Violation to be corrected within
five 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.
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.
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.
(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.
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]
