Sec. 13-5. - Sanitary disposal facilities.
Sec. 13-6. - Proof of state of mind not required for strict liability violations.
Sec. 13-7. - Storage and disposal of garbage and rubbish.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Ashes and unburnable rubbish or waste means all ashes and other material incidental to housekeeping, and rejected miscellaneous matter, which cannot be readily burned.
Garbage means all kitchen and table wastes of an animal or vegetable nature, swill, offal, vegetables, fruits, meats, fish bones, fat, carrion, market refuse, dead cats and dogs, all putrescible matter, both solid and liquid, animal and vegetable, which may result from the preparation of meat, fish, fowl and vegetables of any character, or which may be caused by the decay of foodstuffs or by handling, storing or dealing in the same. "Garbage" shall also include paper products which have become wet or saturated with any of the above items as a result of wrapping, storing or serving foodstuffs.
Inspector means an authorized representative of the department of licenses and inspections.
Owner or owning means and includes agent, manager, proprietor, lessee, person, copartnership, company, association, firm or corporation, prospective owner or agent, business or establishment. The word "owning" means and includes controlling, leasing, acting as agent for, conducting, operating, managing, maintaining or occupying.
Refuse means waste material, other than rubbish, ashes or garbage, that attends use or decay and accumulation from the occupancy of buildings or premises.
Rubbish means combustible and noncombustible waste materials, except garbage; and such term shall include the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass crockery and dust.
Weeds means any wild growth of grass, brush, bushes, vines, saplings, etc., which have grown to a height or which have been allowed to grow in any manner detrimental to the health or safety of the public or in such manner as to create a nuisance.
(Code 1968, § 33-1; Ord. No. 92-053(sub 1), § 1(i), 7-2-92; Ord. No. 94-002, § 4, 2-24-94)
Cross reference— Definitions and rules of construction generally, § 1-2.
(a)
Except in cases where it is otherwise provided by law or by the city charter, other provisions of this Code or by ordinance, any owner of a property who fails to comply with any of the provisions of this chapter or the rules and regulations of the department of licenses and inspections, or who is the owner of the property on which such non-compliance exists, or who shall oppose or impede an officer or authorized agent or employee of the department of licenses and inspections or the department of public works in the execution of his or her duties under this chapter, shall be subject to and liable for a civil penalty in the amount of $50.00. This civil penalty shall be doubled if not paid within 30 calendar days from the date of the citation.
(b)
Any citation issued for failure to comply with any provision of this chapter shall be mailed to the owner of the property that is the subject of the citation.
(c)
Pursuant to title 25, chapter 29 of the Delaware Code, any civil penalty imposed pursuant to this chapter shall give rise to a lien. Any unpaid amount of such civil penalty shall be added to the city property tax billings for the property which was the subject of the citation. Each 24-hour period that the condition giving rise to the initial citation continues will be subject to a separate citation and an additional civil penalty in the amount of $50.00.
(d)
Enforcement. This chapter shall be enforced by the department of licenses and inspections and the department of public works, whose authorized agents and employees shall have the power to issue citations for failure to comply therewith.
(Code 1968, § 33-5; Ord. No. 92-053(sub 1), § 1(i), 7-2-92; Ord. No. 99-082(sub 1), § 2, 11-4-99; Ord. No. 99-008, § 2, 5-17-01; Ord. No. 03-075(sub 1), § 11, 12-4-03; Ord. No. 06-054(sub 1), § 2, 10-19-06)
The owner of a property aggrieved by any civil penalty imposed pursuant to this chapter may appeal to the commissioner of licenses and inspections by sending a detailed written explanation of the grounds for the appeal, along with payment in full of the civil penalty, to the commissioner of licenses and inspections within 21 business days of the date of the citation. The commissioner of licenses and inspections shall forward the payment of the civil penalty to the department of finance, which will credit such payment. The commissioner of licenses and inspections or his or her designee shall issue a written decision affirming, modifying, reversing, revoking or vacating the civil penalty within 45 calendar days of receipt of the written explanation of the grounds for the appeal. Such decision shall be final. In the event the civil penalty is reversed, revoked, vacated or decreased in amount, the appellant shall be reimbursed for payment of the portion of the civil penalty vacated or decreased. Each citation received must be appealed separately.
(Code 1968, § 33-5.1; Ord. No. 06-054(sub 1), § 2, 10-19-06)
(a)
Every sidewalk or footway between the curb stone and the building line along any of the public streets in the city in front of lots whereon is erected any dwelling house, office, place of business, railing, fence, stone or brick wall, or permanent structure of any kind, or in front of any vacant lots, and every public or private alley shall at all times be kept free of any garbage, rubbish, refuse, trash or other offensive materials, except for garbage, rubbish, refuse, and trash properly contained and placed on the sidewalk for regularly or specially scheduled refuse collection. The owner of any property or ground abutting on such sidewalk or footway or alley who fails to remove such garbage, rubbish, refuse, trash or other offensive materials shall be subject to, and liable for, a civil penalty in the amount of $50.00.
(b)
It shall be unlawful and the owner of a property shall be liable for any garbage, rubbish, refuse, trash, or other offensive materials deposited or remaining in or upon any real property which that person owns, regardless of whether the owner actually resides in or upon the property, and including any vacant lots.
(c)
Notwithstanding subsections (a) and (b) of this section, a person may, after having made arrangements directly with the city for a special pickup by the department of licenses and inspections on a date certain of such materials, deposit the same at curbside not more than 48 hours before the appointed pickup. The city shall not pick up debris caused by demolition, gutting and probing or any other similar work. The provisions of this section supplement and do not supersede any other provisions in this and other chapters of this Code.
(d)
Every person required to be licensed as a retailer of edible commodities, including those licensed as a tavern or package store, pursuant to the provisions of section 5-78 and other applicable provisions of chapter 5 of this Code, who or which operates such retailing business in a corner store location or in any location as a take-out or carry-out business, in whole or in part, for consumption of such commodities off the premises, and every owner of a property on which any such business is operated, shall provide not less than one trash receptacle, either on the premises or immediately outside of or adjacent to the premises, subject to the approval of both the type of trash receptacle and its location if it is located in the public right-of-way as a permitted encroachment, by the department of licenses and inspections, to be used by purchasers and consumers of such commodities. In all instances, both the owner or operator or agent for the owner or operator of any such business and the owner of the property on which such business is operated shall be responsible for emptying such trash receptacles and for the removal and disposal of all such trash so collected.
(e)
Every person required to be licensed as a retailer of edible commodities pursuant to the provisions of chapter 5 of this Code, who or which conducts such business, in whole or in part, by operation as a mobile vendor in or from a motor vehicle of any kind, or conducts such business as a stationary vendor of such commodities, and every owner of a property on which any such business is operated, shall provide in or upon such motor vehicle or immediately adjacent to the location of such stationary vending device, a trash receptacle for deposit by customers and consumers of paper wrappings, cans, bottles or any similar material obtained by the purchaser or consumer from such vendor as part of the purchase of such commodities. In all instances, both the vendor and the owner of a property on which any such business is operated, shall be responsible for the disposal of all such trash so collected.
(Code 1968, § 33-22; Ord. No. 92-053(sub 1), § 1(i), 7-2-92; Ord. No. 94-002, § 4, 2-24-94; Ord. No. 99-082(sub 1), § 2, 11-4-99; Ord. No. 05-029, § 1, 6-2-05; Ord. No. 06-054(sub 1), § 2, 10-19-06)
Cross reference— Litter control, § 13-96 et seq.; solid waste, § 45-246 et seq.
State law reference— Littering, 16 Del. C. § 1601 et seq.
Sec. 13-5. - Sanitary disposal facilities.
(a)
It shall be unlawful for any person to make, dig, build, construct or maintain any privy, vault, latrine, septic tank, cesspool or water closet that is unconnected with the city sewer system.
(b)
Whenever the department of licenses and inspections shall deem it necessary for the protection of the public health or improvement of sanitary conditions it may require any house, building or structure of any kind which is not connected with a sanitary sewer to be so connected, if there is a sanitary sewer accessible.
(c)
No person shall remove or transport excreta or other contents of a privy, latrine, septic tank or cesspool without first obtaining a permit to do so from the department of licenses and inspections, which permit shall be issued in accordance with requirements and standards therefor established by and certified to the department of licenses and inspections.
(Code 1968, §§ 33-11—33-14; Ord. No. 92-053(sub 1), § 1(i), 7-2-92)
Cross reference— Plumbing code, § 4-126 et seq.; sewers and sewage disposal, § 45-31 et seq.
State law reference— Cesspools, privy wells and drainage systems, 16 Del. C. § 1501 et seq.
Sec. 13-6. - Proof of state of mind not required for strict liability violations.
It is unnecessary to prove the violator's state of mind with regard to the failure to comply with any provision of this chapter, as the legislative purpose is to impose strict liability for such non-compliance.
(Ord. No. 94-002, § 6, 2-24-94; Ord. No. 06-054(sub 1), § 2, 10-19-06)
Sec. 13-7. - Storage and disposal of garbage and rubbish.
(a)
Every dwelling and dwelling unit shall have adequate facilities and containers for the storage and disposal of garbage and rubbish, the type and location of which are approved by the enforcement officer. Garbage and rubbish shall be stored and disposed of in separate containers.
(b)
Rubbish storage and disposal. No dwelling or dwelling unit shall be deemed to comply with the requirements of this section relating to rubbish storage and disposal unless the following requirements are met:
(1)
Outdoor storage. Rubbish placed outdoors for storage or disposal must be placed in one or more rubbish storage containers meeting the requirements of subsection (d) of this section.
(2)
Indoor storage. Rubbish stored in a basement or cellar, or in an enclosed structure such as a shed, is stored in nonflammable containers.
(3)
Loose rubbish. No loose rubbish is placed upon or strewn about the floor of any basement or cellar or other part of any dwelling, or on the ground surrounding any dwelling.
(c)
Garbage storage and disposal. No dwelling or dwelling unit shall be deemed to comply with the requirements of this section relating to garbage storage and disposal unless the following requirements are met:
(1)
Garbage is disposed of in a garbage incinerator located within the dwelling and installed and operated in a sanitary manner, where permitted; or garbage is disposed of in one or more containers meeting the requirements of subsection (e) of this section; or garbage is disposed of in a garbage grinder which grinds garbage finely, and is discharged into the kitchen sink drain in a sanitary manner.
(2)
Outside storage containers. Every outside garbage container is so maintained and so located on the premises that no odors will permeate any dwelling or dwelling units. Every outside garbage storage container shall meet the requirements of subsection (e) of this section.
(3)
Cleaning of containers. Every container used for garbage storage or disposal is maintained in a clean manner.
(4)
Loose garbage. No loose garbage is placed upon or strewn about on the floor of any basement or cellar or any other part of any dwelling, or on the ground surrounding any dwelling.
(5)
Wrapping of garbage. Garbage that is to be collected and removed by the collector of garbage shall be thoroughly drained of its moisture and wrapped in substantial paper, and placed in plastic bags, which are then securely closed. Such wrapped garbage shall be placed and stored awaiting removal or disposal in containers meeting the requirements of subsection (e) of this section.
(6)
Dumpster containers. Every dumpster container shall conform to all local, state and federal specifications.
(d)
Rubbish containers. Rubbish placed outdoors for storage or disposal must be placed in one or more of the following types of containers: rubbish storage boxes or containers, or metal or plastic rubbish cans. All such containers must have tightly fitting covers or lids, and must be flytight, rodentproof, non-flammable and reasonably waterproof.
(e)
Garbage containers. Each dwelling and dwelling unit having no other method acceptable to the commissioners of licenses and inspections and of public works, such as incinerators and/or grinders in accordance with subsection (c)(1) of this section, shall have an adequate number of containers to accommodate all garbage placed outdoors for storage or disposal. Such containers shall be metal or plastic, shall have a capacity of not less than 15 gallons nor more than 100 gallons, shall be flytight, watertight, rodentproof and non-flammable, and shall be covered with tightly-fitting and watertight metal or plastic lids. The owner of a residential property, whether owner-occupied or occupied by others as a rental property, shall be responsible for providing at least one container for the disposal and storage of garbage meeting the requirements of this subsection for each individual dwelling unit. If deemed necessary by the department of licenses and inspections, the owner of the property may be required to provide more than one such container for each dwelling unit.
(f)
Placement of garbage containers for collection. The placing of garbage containers upon the sidewalk or roadway for the collection and removal of their contents by the collector of garbage shall be done before 6:00 a.m. of the day of collection, but not before 6:00 p.m. of the day preceding the day set for collection. Such containers shall be removed from the sidewalk or roadway by the householder the same day that they are emptied by the collector. No such containers shall be placed or left, following the collection of garbage, on or in the front yard or on the front porch of any residential dwelling, nor at the curb or in the street right-of-way, but rather such containers shall be placed in the rear of such residential dwelling, or along the side yards or alleyways but not within five feet of the front primary facade of such residential dwelling; provided, however that if there is no side yard, the owner-occupant or tenant-occupant may be exempt from such front yard requirement if 62 years of age or older or handicapped and he or she displays in the front window an exemption placard or sticker issued by the city. Paper bags and baskets are prohibited as receptacles for garbage and shall not be placed upon the sidewalk or roadway as receptacles for garbage for collection.
(1)
Exception. Households located in the geographic boundaries encompassed by collection routes East 11 and West 10 which shall be part of the trash collection/neighborhood beautification pilot program, hereby established, may store garbage containers in their front yard or on the sidewalk directly abutting the front facade of their residential dwelling following the collection and removal of their contents. Said exception shall only apply to those designated garbage containers issued by the department of public works to the households as part of the pilot program. All other garbage containers utilized by the household shall be placed in the rear of such residential dwelling, or along the side yards or alleyways but not within five feet of the front primary facade of such residential dwelling following their collection and removal of contents. All other requirements governing the placement of garbage containers upon the sidewalk or roadway for collection shall remain in effect during the pilot program.
(Ord. No. 06-054(sub 1), § 2, 10-19-06; Ord. No. 08-047, § 1, 6-19-08)
(a)
Any person desiring ashes, sweepings, cut grass, rakings from yards and lawns, vines and shrubbery to be removed shall deposit the same in tight vessels or receptacles, each vessel or receptacle to be limited in weight, when filled, to not more than 100 pounds. Any person desiring unburnable waste or rejected miscellaneous matter incidental to housekeeping, such as bottles, cans, kitchen utensils, hardware, metals, tools, implements, furniture, etc., to be removed shall secure same in tight receptacles or packages to prevent scattering and to permit easy handling.
(b)
Such vessels, receptacles and packages of such ashes, rubbish material, etc., shall be placed at the curb on the sidewalk abutting the premises respectively from which the same are brought, or they may be placed on any roadway abutting the premises from which the same are brought; provided, that such roadway is at least ten feet wide and is open at both ends.
(c)
The placing of such vessels, receptacles and packages on the sidewalk or roadway shall be before 6:00 a.m. of the day of collection, but not before 6:00 p.m. of the day preceding the day set for the collection. Such vessels and receptacles shall be removed from the sidewalk or roadway by the householder the same day they are emptied by the collector.
(d)
Paper bags and baskets are prohibited as receptacles for ashes and shall not be placed upon the sidewalk or roadway as receptacles for ashes for collection.
(Ord. No. 06-054(sub 1), § 2, 10-19-06)