[Adopted 6-11-1994 by Ord. No. 43-94;
amended in its entirety 8-8-2002 by Ord. No. 109-02]
This article is authorized by § C-4B
of the Town Charter.
[Amended 11-9-2006 by Ord. No. 138-06; 12-12-2008 by Ord. No.
143-08; 10-10-2014 by Ord. No. 173-14]
It is the responsibility of all property owners
to maintain a neat appearance of their property through the cuttings
of grass and weeds. Trimming shall be required around shrubs, trees,
poles, bulkheads, buildings and other similar objects. No property
owner shall permit or cause any cuttings or clippings from such vegetation
to be dropped, blown, or otherwise deposited in the canals. Any lot
or subdivided lot, improved or unimproved, except wooded lots, showing
grass and/or weeds, except ornamental and dune grasses, over 10 inches
tall shall be in violation of this article. In the event that the
property is not maintained, the Code Enforcement Constable will enforce
compliance.
[Amended 12-12-2008 by Ord. No. 143-08]
A.
The Town shall annually notify all property owners of the mow and
trim requirements mandated in this article. Annual notifications may
include, but not be limited to, the Town newsletter, or the Town News
Update. The Town may remedy any violations of this article without
further notice to the property owner(s).
[Amended 5-11-2018 by Ord. No. 191-18]
B.
Where any premises are determined to be in violation of § 104-7, the Town shall arrange for the mowing and trimming of such property and will bill the property owner for the cost thereof, plus the penalty specified below. Included with the bill shall be notice of the property owner's right to appeal the Code Enforcement Constable’s decision and proof of the violation, consisting of a photograph of the violation and, when applicable, an approximate measurement of the grass and/or weeds in violation of this article. If not paid when due, the costs for mowing and trimming, plus penalty, will be added to the Town's annual tax bill and as such shall constitute a lien upon the property.
C.
Any property owner may appeal the decision of the
Code Enforcement Officer that the owner’s property was in violation
of this article by submitting such appeal, in writing, to the Town
Manager within 10 business days of the date of the bill for the mowing
and trimming costs. The Town Manager shall review the appeal and take
appropriate action within 10 business days of receipt of the appeal.
D.
In addition to any other fee or penalty imposed by this section, any person found to be in violation of § 104-7 shall pay a civil penalty of $50, plus court costs. Pursuant to 25 Del.C. § 2901(a)(1)(i), such penalties, costs and assessment shall constitute a lien upon the property. Each day of a continuing violation shall constitute a separate violation and penalty. In addition to any penalty set forth above, no parking permit shall be issued pursuant to Chapter 94 of the Town Code so long as violation of this article remains uncorrected or so long as any mowing and trimming costs or penalty imposed hereunder remains unpaid.
[Amended 10-14-2022 by Ord. No. 209-22]
