Sec. 34-36. - Enforcement generally; initiation of prosecution for violations.
Sec. 34-37. - Violations and penalties generally.
Sec. 34-38. - Notice of violation—Contents, service, appeals.
Sec. 34-39. - Same—When not required.
Sec. 34-40. - Issuance of warnings.
Sec. 34-41. - Inspection of dwellings, etc., generally; right of entry of enforcement officer.
Sec. 34-42. - Owner of rental units to designate responsible agent.
Sec. 34-43. - No inspection of property prior to sale or other transfer to be required.
Sec. 34-44. - Recordation of certain agreements of sale; responsibility of seller for violations.
Secs. 34-46—34-60. - Reserved.
Sec. 34-36. - Enforcement generally; initiation of prosecution for violations.
(a)
This chapter shall be enforced by the commissioner of licenses and inspections or his authorized representatives in the department of licenses and inspections, and the commissioner of licenses and inspections or any such authorized representative shall initiate criminal prosecutions for violations in the manner and form provided by law.
(b)
The department of licenses and inspections shall maintain records relating to the inspection of each property and shall make available to the office of the city solicitor such records for purposes of review and use as evidence in prosecutions for violations of this chapter.
(Code 1968, § 34-9)
Sec. 34-37. - Violations and penalties generally.
(a)
Except as otherwise specifically provided by this chapter, any person violating any order of the commissioner of licenses and inspections based on the provisions of this chapter or any provision of any rule or regulation adopted by the department of licenses and inspections and approved by resolution of the city council for the enforcement or implementation of this chapter, or violating any provision of this chapter, or any provision of any such rule or regulation, shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $250.00 for each period of one to seven days of each offense of violating such order, or provision of this chapter, or provision of such rule or regulation up to a maximum fine of $1,000.00 for each such offense, together with the costs and disbursements of prosecution, or by imprisonment for a period not exceeding six months, or by both such fine and imprisonment, for the first conviction. For any conviction of a violation that is the second conviction for the same violation as a previous violation which has not been corrected, the minimum fine for any person or corporation shall be not less than $500.00 nor more than $2,500.00; for the third conviction not less than $1,000.00 nor more than $5,000.00, which shall not be suspended; for the fourth conviction $1,500.00; for the fifth and subsequent conviction of the same violation that still has not been corrected, the minimum fine for each conviction shall be not less than $5,000.00, which shall not be suspended. Upon conviction of a violation of this chapter, the court may order the defendant to correct the violation by a date certain. If the defendant fails to correct the violation by the court ordered date, the court may impose a fine of $50.00 per day to be calculated from the date of conviction to the date by which the court had ordered the violation to be corrected.
(b)
After conviction and punishment for violation of such order of the commissioner of licenses and inspections based upon the provisions of this chapter or any provision of any rule or regulation adopted by the department of licenses and inspections and approved by resolution of the city council for the enforcement or implementation of this chapter, if such person shall continue in violation of such order, such person shall be liable for further prosecution, conviction and punishment upon such same order, without any necessity of the commissioner of licenses and inspections issuing a new order until such order has been complied with. Any notice herein required shall, if mailed, be deemed to be effective upon mailing. When done in conjunction with certified or registered mail service, a copy of the notice may be posted in a conspicuous place on the premises and such a procedure shall be deemed the equivalent of personal service.
(c)
Each day's failure to comply with any order of the commissioner of licenses and inspections based upon the provisions of this chapter or the provisions of any rule or regulation adopted by the department of licenses and inspections and approved by resolution of the city council for the enforcement and implementation of this chapter, and each day's failure to comply with any provision of this chapter or any such rule or regulation shall constitute a distinct and separate offense and be punishable as such.
(d)
Pursuant to title 25, chapter 29 of the Delaware Code, any fines imposed by any court for violations of this chapter shall give rise to a lien(s). The unpaid amounts of such fines may be added to local property tax billings for the property which was the subject of said violation. "Fines" shall also include any civil judgment entered pursuant to section 4101 of title 11 of the Delaware Code.
(Code 1968, § 34-8; Ord. No. 96-020, § 2, 4-12-96; Ord. No. 98-124, § 2, 10-19-98; Ord. No. 99-082(sub 1), § 3, 11-4-99; Ord. No. 99-008, § 3, 5-17-01; Ord. No. 03-075(sub 1), § 14, 12-4-03)
Sec. 34-38. - Notice of violation—Contents, service, appeals.
(a)
Whenever the commissioner of licenses and inspections determines that there has been a violation, or that there are reasonable grounds to believe that there has been a violation, of any provision of this chapter or of any rule or regulation adopted pursuant thereto, he shall give notice of such violation or alleged violation to the person responsible therefor. Such notice shall:
(1)
Be put in writing;
(2)
Include a description of the real estate sufficient for identification;
(3)
Include a statement of the reason why it is being issued; and
(4)
Allow at least 45 days from the date of such notice for the performance of any act it requires, unless the commissioner of licenses and inspections determines that a period of time less than 45 days is essential to the health, safety or welfare of the occupants or of occupants of an adjacent property.
(b)
The notice of violation shall be served upon the owner or the operator or the occupant, as the case may require. Such notice shall be deemed to be properly served upon such owner or upon such operator or upon such occupant by mailing a copy thereof by either mail service or other form of delivery to his last known address, or if the letter with the copy is returned with a note showing it has not been delivered to him, by posting a copy thereof in a conspicuous place on or about the dwelling affected by the notice. The commissioner of licenses and inspections may in his discretion require such notice to be served by delivering a copy thereof personally to such owner or such operator or such occupant or by leaving a copy thereof at his usual residence in the presence of someone in the residence of suitable age and discretion who shall be informed of the contents thereof, as the circumstances may require. Any notice herein required shall, if mailed, be deemed to be effective upon mailing. When done in conjunction with certified or registered mail service, a copy of the notice may be posted in a conspicuous place on the premises and such a procedure shall be deemed the equivalent of personal service.
(c)
Such notice shall provide that the persons so notified may appeal the violation notice to the board of license and inspection review. The appeal shall be in writing and filed within ten days after the receipt of the violation notice. Any appeal to the board of license and inspection review shall be accompanied with a nonrefundable fee of $50.00 at the time of filing. The board of license and inspection review shall hear and decide appeals in accordance with its duly prescribed and promulgated rules, regulations and procedures.
(Code 1968, § 34-18(a)—(f); Ord. No. 91-082, § 1, 11-21-91; Ord. No. 95-074, § 1, 12-14-95; Ord. No. 96-077, § 1, 12-5-96; Ord. No. 98-124, § 2, 10-19-98)
Sec. 34-39. - Same—When not required.
Notwithstanding any other provision of this chapter to the contrary, whenever any person fails to obtain the prerental inspection of any dwelling, habitation or living unit as required by the provisions of section 34-45(a) or the limitation of occupancy notification required by section 34-86, no notice of such violation of section 34-45(a) and section 34-86 shall be required, before legal proceedings, actions or prosecutions are brought.
(Code 1968, § 34-18(g); Ord. No. 96-077, § 1, 12-5-96)
Sec. 34-40. - Issuance of warnings.
(a)
At the discretion of the commissioner of licenses and inspections or any of his designees who are authorized by the commissioner to do so, a written warning may be issued on a form approved by the commissioner and the city solicitor to the owner, agent, or person in control of any building or structure concerning violations of any provision of this chapter that is not a life-threatening violation. If any violation concerning which any warning has been issued has not been corrected within the time allowed, then the department of licenses and inspections shall proceed to obtain compliance as provided in this chapter.
(b)
Such notice may contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter and with rules and regulations adopted pursuant thereto.
(c)
Whenever repairs, additions, alterations or replacements are required to the building or facilities, such notice shall direct that the person in violation shall make application to the department of licenses and inspections for a building permit to cover such requirements.
(Code 1968, § 34-18(h))
Sec. 34-41. - Inspection of dwellings, etc., generally; right of entry of enforcement officer.
(a)
The enforcement officer is hereby authorized and directed to make inspections to determine the condition of dwellings, dwelling units, hotel units, rooming units and premises located within this city, in order that he may perform his duty of safeguarding the health and safety of the occupants of dwellings and the general public. For the purpose of making such inspections the enforcement officer is hereby authorized to enter, examine and survey between the hours of 8:00 a.m. and 5:00 p.m. all dwellings, dwelling units, hotel units, rooming units and premises. The owner or occupant of every dwelling, dwelling unit, hotel unit, and rooming unit, or the person in charge thereof, shall give the enforcement officer free access to such dwelling, dwelling unit, hotel unit or rooming unit and its 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 enforcement officer.
(b)
Nothing in this section shall be construed to prohibit the entry of the enforcement officer:
(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.
(c)
Any person who opposes or impedes an officer or authorized agent or employee of the department of licenses and inspections in the execution of his duty under this chapter shall be deemed guilty of a violation of this chapter. In addition, if an officer or authorized agent or employee of the department of licenses and inspections is denied entrance to a building for purposes of inspection, he may, upon showing of probable cause, obtain a warrant for purposes of entering and inspecting the building, dwelling, land or premises.
(Code 1968, § 34-6; Ord. No. 94-002, § 5, 2-24-94)
Charter reference— Inspections generally, §§ 5-704, 8-412.
Sec. 34-42. - Owner of rental units to designate responsible agent.
(a)
In addition to, and not in lieu of any other provision of this Code, the tenants lawfully occupying any single-family rental property shall be responsible for the tasks enumerated below and the owner of every residential dwelling that consists of two or more rental dwelling units therein shall be required to designate an agent, who may be one of the residents thereof, who shall be responsible for the following tasks:
(1)
The removal of empty refuse and garbage collection receptacles or containers from the public right-of-way to a secure location on the property following all regular trash and garbage collections.
(2)
The prompt removal of litter and trash from the premises of the property and from the area of the public right-of-way abutting the property and the sweeping of sidewalks within and along such property.
(3)
The keeping of all sidewalks along the property clear of snow and ice as required in section 42-419
(b)
The owner of each such property shall file annually with the department of licenses and inspections and post in clear public view in the lobby or other common area of all such dwellings the name, address and telephone number of such designated agent or, in the case of a single-family rental property, file such information concerning the tenants with the department.
(c)
The provisions of this section and the responsibility of tenants of single-family rental properties and the designation by an owner of an agent pursuant to this section shall not be construed to abrogate the legal responsibilities of the owner to comply with the provisions of this chapter and other provisions of this Code.
(Code 1968, § 34-11.1)
Sec. 34-43. - No inspection of property prior to sale or other transfer to be required.
(a)
No inspection of any dwelling, dwelling unit, hotel, or rooming house in the city shall be required nor shall any inspection be performed by the department of licenses and inspection for enforcement or implementation of the provisions of this chapter and the rules and regulations of the department prior to or in connection with any agreement of sale or conveyance or other transfer of any such property. This provision shall not affect inspections other than those heretofore required in connection with the sale or other transfer of property.
(b)
The provisions of this section shall not be construed as in any way a limitation upon or modification of any of the other inspection, notice, compliance and enforcement provisions of this chapter.
(Code 1968, § 34-17)
Sec. 34-44. - Recordation of certain agreements of sale; responsibility of seller for violations.
(a)
Whenever an agreement of sale is entered into containing provisions for the retention of legal title by the seller and providing for deferred installment payments by the buyer for the sale of any dwelling, dwelling unit, rooming house or hotel in the city, the seller shall record such agreement in the county recorder's office.
(b)
The responsibility for complying with this chapter shall not be affected by such sales agreement. The seller shall remain responsible for code violation compliance imposed upon the owner or person in charge and the buyer shall have the burden of assuming the tenant's responsibilities enumerated in this chapter.
(Code 1968, § 34-17.1)
(a)
Inspection of a rental dwelling or building. Any person who leases or rents any dwelling or any dwelling unit shall:
(1)
Cause the same to be inspected by the commissioner of licenses and inspections, or his designee every two years for each dwelling or building consisting of five or fewer units. An initial rental inspection shall be required for each such dwelling or building consistent with a rental inspection schedule set by the commissioner of licenses and inspections. The two-year period referenced in this subsection shall be calculated based upon the rental inspection schedule set by the commissioner of licenses and inspections. Inspections of dwellings or buildings required under this subsection may consist of a random sampling of units in the dwelling or building as determined by the commissioner of licenses and inspections or his designee. The purpose of all rental inspections shall be enforcement of the provisions of the City Code concerning life safety items which include, but are not limited to: smoke/carbon monoxide detectors, heating sources, hot water sources, electrical systems, sanitary disposal sources, water damage, roofs and means of egress and ingress;
(2)
Cause the same to be inspected by the commissioner of licenses and inspections, or his designee every five years for each dwelling or building consisting of six or more units. An initial rental inspection shall be required for each such dwelling or building consistent with a rental inspection schedule set by the commissioner of licenses and inspections. The five-year period referenced in this subsection shall be calculated based upon the rental inspection schedule set by the commissioner of licenses and inspections. Inspections of dwellings or buildings required under this subsection may consist of a random sampling of units in the dwelling or building as determined by the commissioner of licenses and inspections or his designee. The purpose of all rental inspections shall be enforcement of the provisions of the City Code concerning life safety items which include, but are not limited to: smoke/carbon monoxide detectors, heating sources, hot water sources, electrical systems, sanitary disposal sources, water damage, roofs and means of egress and ingress.
(3)
With the exception of the initial rental inspection, a waiver of a subsequent rental inspection required under subsections (1) and (2) above may be granted by the commissioner of licenses and inspections if all the following conditions are present:
a.
The dwelling or building has no outstanding violations of the building, housing, sanitation, vegetation, animal, zoning or licensing provisions of the City Code at the time the waiver is requested;
b.
The property owner and/or property manager has not been convicted of, or pled guilty or no contest to, or assessed a civil penalty for any violations of the building, housing, sanitation, vegetation, animal, zoning or licensing provisions of the City Code within the applicable two- or five-year period preceding the waiver request;
c.
The dwelling or building has not been the subject of a notice declaring said dwelling or building to be unfit for human habitation by the department of licenses and inspections within the applicable two- or five-year period preceding the waiver request;
d.
The property owner and, if applicable, the property manager, is properly registered and licensed by the department of licenses and inspections; and
e.
The property owner and, if applicable, the property manager, are in good standing with regard to any city financial obligations.
A waiver must be requested by the owner of the property, or if applicable, the property manager, each time a rental inspection is required. A request for waiver must be in writing and on a form provided by the department of licenses and inspections.
(4)
If the dwelling unit is unoccupied at the time of the rental inspection, cause any violations cited during the rental inspection to be corrected prior to permitting any tenant or lessee or any other persons to occupy such dwelling or dwelling unit. If the dwelling unit is occupied at the time of the rental inspection, cause any violations cited during the rental inspection to be corrected within the time period designated by the commissioner of the department of licenses and Inspections or his designee, and cause the dwelling unit to be re-inspected upon correction of the violation(s).
The provisions of this section shall apply to the lease or rental of any dwelling or dwelling unit whether it is to be leased to the current tenant or to a new tenant and whether the same is to be done by the current owner or a new owner. In any instance in which a tenant remains in possession during a change in ownership by sale, exchange or any other transfer, the prerental inspection requirements of this chapter shall be applicable and shall be given full force and effect, and any violations cited shall be corrected within a reasonable period of time as shall be determined at the sole discretion of the commissioner of licenses and inspections.
(b)
Installment sales. Whenever any person sells any dwelling, dwelling unit, building or rooming house in the city wherein there is a retention of title by the seller and a deferred installment payment plan is set forth in the contract or lease agreement, the seller shall comply with the inspection requirements of subsection (a) of this section and the provisions of section 34-43 shall not be applicable to any such seller of property who or which is subject to the provisions of this subsection.
(c)
Disclaimer of warranty of condition. Nothing contained in this section shall be construed as any manner of warranty or guarantee by the city or by its agent, the department of licenses and inspections, that any particular property at any particular time fully complies with the provisions of this chapter and all rules and regulations adopted pursuant thereto or that any violations of this chapter and the rules and regulations adopted pursuant thereto cited by the department of licenses and inspections are necessarily the only violations existing in or upon a particular property at any particular time or that corrections of violations of this chapter and any rules and regulations adopted pursuant thereto which have been cited by the department of licenses and inspections are necessarily full and complete corrections such that no other violations exist in or upon any particular property at any particular time.
(d)
Fee. If more than one re-inspection is necessary to determine compliance with any violation cited during the initial rental inspection, an additional fee in the amount of $25.00 will be assessed for each re-inspection, commencing with a second re-inspection. Said re-inspection fee may be waived for good cause shown at the discretion of the code enforcement officer.
(Code 1968, § 34-17.3; Ord. No. 99-083(sub 1), § 1, 11-4-99; Ord. No. 06-016(sub 1), § 1, 4-6-06)