Chapter 171
PROPERTY MAINTENANCE
[HISTORY: Adopted by the Mayor and Council of the Town of Elsmere
8-12-1993 as Ord. No. 295. Amendments noted where applicable.]
~ 171-1. Adoption of Property Maintenance Code.
That a certain
document, copies of which are on file in the Town Hall, being marked and
designated as "The BOCA National Property Maintenance Code, Fourth Edition,
1993," as published by the Building Officials and Code Administrators
International, Inc., be and is hereby adopted as the Property Maintenance Code
of the Town of Elsmere, in the State of Delaware; for the control of buildings
and structures as herein provided; and each and all of the regulations,
provisions, penalties, conditions and terms of said BOCA National Property
Maintenance Code are hereby referred to, adopted and made a part hereof, as if
fully set out in this chapter, with additions, insertions, deletions and
changes, if any, as set forth below.
~ 171-2. Additions, insertions, deletions and changes. [Amended
8-11-1994 by Ord. No. 308]
A.
PM-101.1 Title: Insert the words "Town of Elsmere, State of
Delaware" within the parenthesis in line two (2).
B.
PM-105.11 Official Records: Add the following: "The Code Official
shall provide a written report of his or her activities to the Town Manager
and/or the Town Council on a monthly basis at the regularly scheduled Council
meeting"
C.
PM-106.2 Penalty: Change the wording of this subsection to read as
follows: "Any person who shall violate the provisions of this Code and
Ordinance, or who shall fail to comply with any notice or order issued by the
Code Official pursuant to the provisions of this Code, shall be guilty of a
misdemeanor and, upon conviction, shall be subject to a fine of not less than
one hundred dollars ($100.) nor more than three hundred dollars ($300.), or
imprisonment for not more than thirty (30) days, or both such fine and
imprisonment. Each day that each violation continues shall be deemed a further
offense punishable by a further sum of fifty dollars ($50.) per day, per
violation. The imposition of a penalty for any violation of this chapter shall
not excuse the violation nor permit it to continue".
D.
PM-111.0 Right To Appeal: Delete the following subsections: PM-111.1,
PM-111.2, PM-111.2.1, PM-111.2.2, PM-111.3. Add new subsection as follows:
"PM-111.1 Petition: Any person affected by any notice which has been
issued pursuant to this chapter may appeal the decision of the Code Official to
the Board of Building Appeals, pursuant to Section 124.0 of the BOCA National
Building Code in effect, as amended."
E.
PM-303.1 Sanitation: Delete the description as written and substitute the
following: "All exterior property, ground and premises, including vacant
lands, shall be maintained clean, safe, sanitary and free from any accumulation
of rubbish, trash, garbage, filth, junk, discarded materials or equipment,
debris of any kind, toxic or hazardous wastes or other waste material".
F.
PM-303.4 Weeds: Delete the description as written and substitute the
following: "All property grounds and premises, including vacant lands,
shall be maintained in a condition that is reasonably cultivated. The following
shall be prohibited:
1. Grasses,
ground cover and weeds in excess of eight (8) inches in height.
2. All
noxious, toxic or poisonous growths.
3. Unrestrained
or unmanicured shrubbery, hedges, bushes and undergrowth.
4. Rotten,
decaying, diseased or dead trees.
5. Any
growth of grass, weeds, shrubbery, trees or other plants that create a nuisance
detrimental to adjoining property.
This chapter is not intended to prohibit well kept trees, shrubbery,
gardens, flowers or any ornamental plantings, but is intended to avoid any
condition that might constitute a hazard to health or safety or provide a haven
for rodents, vermin or other pests.
G.
PM-303.5 Rat Harborage: At the end of this subsection add the following:
"This responsibility rests solely with the property owner or his
agent."
H.
PM-304.10 Handrails and Guardrails: Delete the word "four" as
it appears at the beginning of line 2 and substitute the word "three".
I.
PM-304.16 Exterior Aesthetics: Add the following as a new subsection:
"Any part of a structure or premises shall be maintained in a reasonable
aesthetic condition to conform with the intent of this chapter. If a condition
exists in or about a structure which constitutes or contributes to unsightliness
or blighting of the area, the Code Official shall require the owner to make such
cosmetic repairs as are deemed prudent and reasonable and not excessive in
comparison to the acceptable standards maintained by surrounding
properties".
J.
PM-507.3 Swimming Pools: Add the following as a new subsection:
"Chemically treated swimming pool water shall be emptied, drained or
discharged to a storm sewer or in such a manner that the effluent will not enter
on, upon or over the private property of an adjacent or adjoining parcel".
K.
PM-601.O Heating Facilities: In all PM-600. subsections, the daytime
requirement for heating capability is increased to sixty-eight degrees (68°)
for all habitable area, while the nighttime requirement is increased to
sixty-five degrees (65°). The period shall be continuous during the term the
tenancy. All other provisions remain unchanged.
L.
PM-705.4 Installations: Add the following as a new subsection: "The
Code Official shall, as a result of any inspection, require that a smoke
detector be repaired to a workable condition, or that a smoke detectors be
installed pursuant to the requirements of PM-705.5."
M.
PM-301.2.1 Extension of Responsibility: Add the following as a new
subsection: "The owner has the ultimate responsibility for the condition
and maintenance of his property. The Code Official may require the owner to
assure compliance with this chapter if the tenant(s) proves to be nonresponsive."