Section 143-22 through 143-35 shall govern the administration and enforcement procedures of the Kent County Housing Code. Any municipality that adopts the code as its own may use these administrative and enforcement procedures as its own or may develop procedures which are similar in nature as determined by the code official.
Except as may otherwise be provided by state statute, no officer, agent
or employee of the county, municipality or any community charged with the
enforcement of this chapter shall be rendered personally liable for any damage
that may accrue to persons or property as a result of any act required or
permitted in the discharge of duties under this chapter. No person who institutes,
or assists in the prosecution of, a criminal proceeding under this chapter
shall be liable for damage therefor unless such person acted with actual malice
and without reasonable grounds for believing that the person accused or prosecuted
was guilty of an unlawful act or omission. Any civil suit brought against
any officer, agent or employee of the county, municipality or of any community
as a result of any act required or permitted in the discharge of duties under
this chapter shall be defended by the attorney-at-law of each jurisdiction
and of the state until the final determination of the proceedings therein.
No officer or employee who has an official duty in connection with the
administration and enforcement of this chapter shall be financially interested
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or in making the plans or specifications
therefor, unless that person is the owner of such building. No such officer
or employee shall engage in any activity which is inconsistent with the public
interest and the officer's official duties.
The code official shall keep or cause to be kept records concerning
the enforcement of this chapter's provisions, which records shall be open
to public inspection.
A.
In general. The code official shall enforce all the provisions
of this chapter relative to the maintenance of structures and premises, except
as may otherwise be specifically provided by other regulations.
B.
Notices and orders. The code official shall issue all
necessary notices and orders to abate illegal or unsafe conditions to ensure
compliance with the chapter requirements for the safety, health and general
welfare of the public.
C.
Inspections. In order to safeguard the safety, health
and welfare of the public, the code official is authorized to enter any structure
or premises at any reasonable time for the purpose of making inspections and
performing duties under this chapter.
[Amended 7-14-1998 by Ord.
No. 98-17]
D.
Right of entry. If any owner, occupant or other person
in charge of a structure subject to this chapter refuses, impedes, inhibits,
interferes with, restricts or obstructs entry and free access to any part
of the structure or premises where inspection authorized by this chapter is
sought, the code official may seek, in a court of competent jurisdiction,
an order that such owner, occupant or other person in charge cease and desist
with such interference.
E.
Access by owner or operator. Every occupant of a structure
or premises shall give the owner or operator thereof, or agent or employee,
access to any part of such structure or its premises at reasonable times for
the purpose of making such inspection, maintenance, repairs or alterations
as are necessary to comply with this chapter.
F.
Credentials. The code official or the code official's
authorized representative shall disclose proper evidence of his respective
office for the purpose of demonstrating authority to inspect any and all buildings
and premises in the performance of duties under this chapter.
G.
Rulemaking authority. The code official shall have power,
as may be necessary in the interest of public safety, health and general welfare,
to adopt and promulgate rules and regulations to interpret and implement this
chapter to secure the intent thereof and to designate requirements applicable
because of local climatic or other conditions.
H.
Annual report. At least annually, the code official shall
submit to the chief executive of the county a written statement of activities
in a form and content as shall be prescribed by the chief executive of that
jurisdiction.
A.
In general. When a structure is found by the code official
to be unsafe, or when a structure or part thereof is found unfit for human
occupancy or use, it may be condemned pursuant to this chapter and may be
placarded and vacated. Such condemned structure shall not be reoccupied without
approval of the code official, but such approval may not be withheld upon
completion of specified corrections of violations.
B.
Unsafe structure. An unsafe structure is one in which
all or part thereof is found to be dangerous to life, health, property or
the safety of the public or the structure's occupants because it is so damaged,
decayed, dilapidated, structurally unsafe or of such faulty construction or
unstable foundation that it is likely to partially or completely collapse.
C.
Unsafe equipment. Unsafe equipment includes any boiler,
heating equipment, elevator, moving stairway, electrical wiring or device,
flammable liquid containers or other equipment on the premises or within the
structure which is in such disrepair or condition that it is found to be a
hazard to life, health, property or safety of the public or occupants of the
premises or structure. Unsafe equipment may contribute to the finding that
the structure is unsafe or unfit for human occupancy or use.
D.
Structure unfit for human occupancy. A structure is unfit
for human occupancy or use whenever the code official finds that it is unsafe
or, because it lacks maintenance and is in extreme disrepair, is unsanitary,
vermin- or rat-infested, contains filth and contamination or lacks ventilation,
illumination, sanitary or heating facilities or other essential equipment
required by this chapter.
E.
Closing of vacant structures. If the structure or part thereof is vacant and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the code official may post a placard of condemnation on the premises and may order the structure closed up so that it will not be an attractive nuisance to youngsters. Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause it to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 143-34 of this chapter.
A.
Notice to owner or to person or persons responsible. Whenever the code official determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred, or whenever the code official has condemned any structure or equipment under § 143-27 of this chapter, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the code official has condemned the property or part thereof, the code official shall give notice to the owner and to the occupants of the intent to placard and to order vacation of the premises or to order equipment out of service.
B.
Form. Such notice shall:
(1)
Be in writing.
(2)
Include a description of the real estate sufficient for
identification.
(3)
Include a statement of the reason or reasons why it is
being issued.
(4)
Include a correction order allowing a reasonable time
for the repairs and improvements required to bring the dwelling unit or structure
into compliance with this chapter.
(5)
Include penalties for noncompliance.
C.
Service. Such service shall be deemed properly served
upon such owner and/or occupant if a copy thereof is delivered to the owner
and/or occupant personally; or by leaving the notice at the usual place of
abode, in the presence of someone in the family of suitable age and discretion
who shall be informed of the contents thereof; or by certified or registered
mail service addressed to the owner and/or occupant at his or her last known
address. If the owner, agent or person in control is not found, a copy of
the notice posted in a conspicuous place on the premises shall be deemed the
equivalent of personal service, upon posting. Any notice herein shall, if
mailed, be deemed to be effective upon mailing.
D.
Service on occupant. When a condemnation order is served
on an occupant other than the owner or person responsible for such compliance,
a reasonable time to vacate the property after noncompliance shall be stated.
Owners or persons responsible for compliance must vacate at the time set for
correction of defects if there is failure of compliance.
E.
Penalties. Failure to comply with orders and notices shall be subject to the penalties set forth in § 143-31B of this chapter.
F.
Transfer of ownership. It shall be unlawful for the owner
of any dwelling unit or structure who has received a compliance order or upon
whom a notice of violation has been served to sell, transfer, mortgage, lease
or otherwise dispose of such property to another until the compliance order
or notice of violation has been complied with, or until such owner shall first
furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance
order or notice of violation issued by the code official and shall furnish
to the code official a signed and notarized statement from the grantee, transferee,
mortgagee or lessee acknowledging the receipt of such compliance order or
notice of violation and fully accepting the responsibility without condition
for making the corrections or repairs required by such compliance order or
notice of violation.
A.
Placarding of structure. After the condemnation notice
required under this chapter has resulted in an order by virtue of failure
to comply within the time given, the code official may post on the premises
or structure or parts thereof, or on defective equipment, a placard bearing
the words "Condemned as unfit for human occupancy or use," and a statement
of the penalties provided for any occupancy or use or for removing the placard.
The owner or the person or persons responsible for the correction of violations
and all other occupants shall remove themselves from the property on failure
to comply with the correction order in the time specified.
B.
Use following placarding prohibited. Any person who shall occupy a placarded premises or structure or part thereof, or shall use placarded equipment, and any owner or any person responsible for the premises who shall let anyone occupy a placarded premises shall be subject to the penalties set forth in § 143-31B of this chapter.
C.
Removal of placard. The code official shall remove the
condemnation placard whenever the defect or defects upon which the condemnation
and placarding action were based have been eliminated. Any person who defaces
or removes a condemnation placard without the approval of the code official
shall be subject to the penalties provided by this chapter.
Whenever a code official finds that an emergency exists on any premises, or in any structure or part thereof or on any defective equipment which requires immediate action to protect the public's health and safety or that of the occupants thereof, the code official may, with proper notice and service in accordance with § 143-28 of this chapter, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the code official deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.
A.
Unlawful acts. It shall be unlawful for any person, firm
or corporation to erect, construct, alter, extend, repair, remove, demolish,
use or occupy any structure or equipment regulated by this chapter, or cause
the same to be done, contrary to or in conflict with or in violation of this
chapter.
B.
Penalty for violation; jurisdiction. Any person who shall
violate this chapter or who fails to comply with any notice or order issued
by a code official pursuant to this chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be fined not less than $25 nor more than
$1,000 or imprisoned for a term not exceeding 30 days, or both. Each day of
a separate and continuing violation shall be deemed a separate offense under
this section. The Justice of the Peace Court shall have exclusive jurisdiction
over offenses prosecuted under this chapter.
C.
Prosecution. In the event that any violation order is not promptly complied with, a code official with constable powers pursuant to 10 Del. C. § 2901 may issue a citation, and in cases involving first offenders of this code, may assess a fine of $100 or, in the alternative, may direct that the owner or occupant appear in the court of law having jurisdiction over the alleged violation. In those jurisdictions in which the code officials do not have constable powers, the code official may institute an action in the appropriate court, or may request the City Solicitor or community attorney-at-law to institute such action to seek the penalties provided in § 143-31B of this chapter.
A.
Kent County Community Board of Appeals, composition.
The Kent County Community Board of Appeals shall be composed of seven voting
members: one appointee from each Levy Court District and one appointee at-large.
The term of each appointee shall continue until a successor is named by the
Commissioner in whose district the appointee resides and is confirmed by the
Levy Court. During the term of the appointment, a member must maintain residence
within the Levy Court district from which appointed.
B.
Kent County Community Board of Appeals rules and regulations.
The Kent County Community Board of Appeals shall abide by the bylaws of the
Kent County Community Board of Appeals as adopted by the Levy Court.
C.
Community Board of Appeals. A Community Board of Appeals
may be created in each community of the county. The community shall adopt
and publish rules and regulations as may be necessary to govern its composition,
administrative procedures and proceedings.
D.
Procedure for appeals. Any person aggrieved by an action
taken by the code official may appeal such action by filing written notice
of appeal with the Board of Appeals within 10 days after the giving or posting
of such action. An appeal under this subsection shall stay the effect of the
notice of violation or condemnation and shall prevent the code official from
proceeding with the remedies provided under this chapter pending decision
by the Board of Appeals.
E.
Vote. The Board of Appeals shall hear all appeals relative
to the enforcement of this chapter within a reasonable period of time after
the filing of an appeal, and by a concurring vote of the majority of its members
may reverse or affirm wholly or partly, or may modify, the action appealed
from, and shall make such other order or determination as it deems just. Failure
to secure such concurring votes shall be deemed a confirmation of the decision
of the code official.
F.
Financial interest. A member of the Board of Appeals
shall not participate in any hearings or vote on any appeal in which that
member has a direct or indirect financial interest.
A.
In general. The code official may order the owner of
premises upon which is located any structure or part thereof, which in the
code official's judgment is so old, dilapidated or has become so out of repair
as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation,
occupancy or use, so that it would be unreasonable to repair the same, to
raze and remove such structure or part thereof; or, if it can be made safe
by repair, to repair and make safe and sanitary or to raze and remove at the
owner's option; or, where there has been a cessation of normal construction
of any structure for a period of more than two years, to raze and remove such
structure or part thereof.
B.
Order. The order shall specify a time in which the owner
shall comply therewith and specify repairs, if any. It shall be served on
the owner of record or an agent where an agent is in charge of the building
and upon the holder of any lien in the manner provided for service of a summons
by a court of record. If the owner or a holder of a lien of record cannot
be found, the order may be served by posting it on the main entrance of the
building and by publishing it once each week for three successive weeks in
a newspaper of general circulation in accordance with the rules of the Justice
of the Peace Court.
C.
Restraining actions. Anyone affected by any such order
may, within 30 days after service of such order, apply to a court of record
for an order restraining the code official from razing and removing such structure
or parts thereof. The court shall determine whether the order of the code
official is reasonable, and if found unreasonable, the court may issue a restraining
order.
D.
Failure to comply. Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the code official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in § 143-34 of this chapter.
E.
Salvage materials. When any structure has been ordered
razed and removed the code official or other designated officer may sell the
salvage and valuable materials resulting from such razing or removal, such
materials to be sold at the highest price obtainable. The net proceeds of
such sale, after deducting the expenses of such razing and removal, shall
be promptly remitted with a report of such sale or transaction, including
the items of expense and the amounts deducted, for the use of the person who
may be entitled thereto, subject to any order of a court. If such a surplus
does not remain to be turned over, the report shall so state.
There is hereby created a tax lien on real property for moneys expended
by the county, or a community, for razing, demolition, removal or repairs
of buildings or abatement of other unsafe conditions constituting a threat
to the public health and safety where the responsible party refuses or fails
to comply with the lawful order of the code official after due notice thereof,
either actual or constructive. Upon certification of a tax lien to the appropriate
county or community official by the code official, the amount of such lien
shall be recorded and collected in the same manner as other county or community
real estate taxes, and paid to the county or community, when collected, by
the applicable official.
This chapter shall not affect violations of any other ordinance, code
or regulation of the county or municipality existing prior to the effective
date hereof, and any such violation shall be governed and shall continue to
be enforced to the full extent of the law under the provisions of such ordinances,
codes or regulations in effect at the time the violation was committed.
This chapter replaces any and all previous housing code ordinances adopted
by Kent County Levy Court in accordance with the power conferred upon the
Levy Court of Kent County, Delaware in 31 Del. C. § 4107. Each proposed
change to this code must be submitted to the Director of the Delaware State
Housing Authority for review and approval prior to adoption.
