Sec. 13-36. - Weed control; accumulations prohibited.

It shall be unlawful, and the owner of the subject property shall be liable, for weeds or grasses growing or accumulating on land, including vacant lots, of which he or she is the owner, which includes, but is not limited to any public right-of-way or alley facing, adjoining or abutting the owner's property, regardless of whether the owner actually resides in or upon the property, so as to create a nuisance to health or safety thereon or to adjoining property; and in every case, a citation for failure to comply with this section shall be issued for weeds or grasses growing in the public right-of-way, including but not limited to growth occurring in cracks, fractures, expansion joints in the curbs and sidewalk, more than four inches in height and or six inches in width, and for weeds or grasses more than eight inches in height growing in any other location referenced in this section.

(Code 1968, § 33-23; Ord. No. 94-002, § 4, 2-24-94; Ord. No. 02-096,(sub1) § 2, 10-10-02; Ord. No. 06-054(sub 1), § 2, 10-19-06)

Cross reference— Vegetation, ch. 46.

Sec. 13-37. - Other hazards on lots.

It shall be unlawful, and the owner of the property shall be liable, for any vacant lot of which he or she is the owner to be used for the parking or storage of motor vehicles, whether operable or not, except under the conditions permitted in chapter 48, article XI, division 3.

(Code 1968, § 33-23.1; Ord. No. 94-002, § 4, 2-24-94; Ord. No. 06-054(sub 1), § 2, 10-19-06)

Sec. 13-38. - Removal of litter, weeds and other hazards, at violator's expense; inspection of buildings, dwellings, etc., generally; right of entry of enforcement officer.

(a)

The city, through its department of licenses and inspections and department of public works, may enter upon any lands located within the city and finding upon such lands any item described in this chapter or section 3-12, may remove the accumulated matter at the expense of the owner of the subject property. Pursuant to title 25, chapter 29 of the Delaware Code, any costs incurred by the city for the removal of such items shall give rise to a lien on the property from which such items were removed.

(b)

The code official is hereby authorized to make inspections to determine the condition of buildings, dwellings, and premises including the land on which the same are located and including vacant lots, located within this city, in order that he may perform his duty of safeguarding the health and safety of the occupants of buildings, dwellings and land, and the general public. For the purposes of making such inspections, the code official is hereby authorized to enter, examine and survey between the hours of 8:00 a.m. and 5:00 p.m. all buildings, dwellings, lands and premises. The owner or occupant of every building, dwelling, lands and premises, or the person in charge thereof, shall give the code official free access to such building, dwelling, lands and premises during such time for the purpose of such inspection, examination and survey; provided, that such inspection, examination or survey shall not have for its purpose the undue harassment of such owner or occupant and that such inspection, examination or survey shall be made so as to cause the least amount of inconvenience to such owner or occupant consistent with the efficient performance of the duties of the code official.

(c)

Nothing in this section shall be construed to prohibit the entry of the code official: (1) At any time when an actual emergency which tends to create an immediate danger to public safety exists, or (2) at any time when such an inspection, examination or survey may be requested by such owner or occupant; provided, however, that any such requested inspection, examination or survey is otherwise authorized and, further, that nothing herein shall be construed to mean that the code official is required to perform such requested inspection, examination or survey.

(d)

For purposes of this section and the enforcement of the provisions of this Code, "code official" shall mean and include the officer or other designated authority charged with the administration and enforcement of this Code and chapter, and a duly authorized representative. After notice by the department of licenses and inspections of its intent to conduct an inspection, any owner of property who opposes or impedes a code official of the city in the execution of his duty hereunder shall be subject to and liable for a civil penalty pursuant to this chapter. In addition, if a code official of the city is denied entrance to a building, dwelling, land or premises for purposes of inspection, he may, upon a showing of probable cause, obtain a warrant for purposes of entering and inspecting the building, dwelling, land or premises.

(Code 1968, § 33-23.2; Ord. No. 94-002, § 3, 2-24-94; Ord. No. 05-030, § 1, 6-2-05; Ord. No. 06-054(sub 1), § 2, 10-19-06)

Sec. 13-39. - Enclosure of vacant lots.

The commissioner of licenses and inspections, at his discretion and based upon substantial evidence of the occurrence of criminal activities or offenses affecting the public health, safety and welfare in or on any vacant lot in the city, may order the owner or agent for the owner of such vacant lot to erect or cause to be erected a fence of a height and type permitted by the zoning code along all or any part of the perimeter of such vacant lot.

(Code 1968, § 33-23.3; Ord. No. 06-054(sub 1), § 2, 10-19-06)

Sec. 13-40. - Nauseous and offensive places.

It shall be unlawful for any person to maintain any cellar, vault, drain, sewer, pond of water or other place upon or within any private premises or grounds in the city that shall be nauseous or offensive to others or injurious to public health, through an accumulation or deposition of nauseous, offensive or foul water or other substance.

(Code 1968, § 39-50)

Sec. 13-41. - Disposal of trade or business waste.

Trade or business waste (other than garbage) from stores, business places and manufacturing establishments will not be collected by the city garbage collection service and the removal of the same shall be the responsibility of the owner of such stores, business places and manufacturing establishments. Trade or business wastes shall not be placed or be allowed to remain upon the streets or sidewalks at any time, except if placed in properly marked containers for collection by private trash collection services.

(Ord. No. 99-061, § 1, 7-22-99; Ord. No. 06-054(sub 1), § 2, 10-19-06)

Secs. 13-42—13-130. - Reserved.