Sec. 34-231. - Basic equipment and facilities.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living, sleeping, cooking or eating therein, which does not comply with the following requirements:

(1)

Kitchen sink. Every dwelling unit shall contain a kitchen sink in good working condition and properly connected to the city water and sewer system.

(2)

Toilet room, toilet and lavatory. Every dwelling unit shall contain a room which affords privacy to a person with such room and which is equipped with a flush water closet and a lavatory basin in good working condition and properly connected to the city water and sewer system.

(3)

Bathroom, bathtub or shower. Every dwelling unit shall contain, within a room which affords privacy to a person within such room, a bathtub or shower in good working condition and properly connected to the city water and sewer system, and these facilities may be situate in the same room as those required by subsection (2) of this section.

(4)

Hot and cold water. Every kitchen sink, lavatory basin and bathtub or shower required under the provisions of subsections (1), (2) and (3) of this section shall be properly connected with both hot and cold water lines.

(5)

Garbage disposal and garbage and rubbish storage facilities. Every dwelling unit shall have adequate garbage disposal facilities or garbage storage containers and adequate rubbish storage facilities, the type and location of which are approved by the enforcement officer. Garbage shall be kept in storage containers separate from rubbish storage containers. Every dwelling unit shall have a sufficient number of metal or plastic containers covered with a watertight metal or plastic lid and of a capacity of not less than 15 gallons nor more than 100 gallons.

(6)

Water-heating facilities. Every dwelling unit shall have supplied water-heating facilities which are properly installed, are maintained in a safe and good working condition, are properly connected with hot water lines required under the provisions of subsection (4) of this section, and are capable of heating water to such a temperature as to permit an adequate amount of water to be drawn at every required kitchen sink, lavatory basin, bathtub or shower at a temperature of not less than 120 degrees Fahrenheit. Such supplied water-heating facilities shall be capable of meeting the requirements of this subsection when the dwelling or dwelling unit heating facilities required under the provisions of section 34-234(5) are not in operation.

(7)

Means of egress. Every dwelling unit shall have safe, unobstructed means of egress leading to safe and open space at ground level which complies with applicable city and state regulations.

(8)

Maintenance of plumbing and plumbing fixtures. All plumbing, water closets and other plumbing fixtures in a dwelling unit shall be maintained in good order and repair and in accordance with the requirements of the city building code and plumbing code.

(Code 1968, § 34-41; Ord. No. 06-054(sub 1), § 3, 10-19-06)

Sec. 34-232. - Smoke-detection devices; requirements.

(a)

Installation required.

(1)

Dwellings. All structures and dwellings shall be equipped with smoke detectors and fire protection equipment as required by the provisions of chapter 4 and the city's building code.

(2)

Unlawful acts: In addition to and not in lieu of any other provisions of this section and of this Code, it shall be unlawful for any person responsible for the installation of a smoke detector to fail to so install it. It shall be unlawful for any person to tamper with, damage or render inoperative, such as, but not exclusively, by disconnecting electrical wiring or by removing the batteries from any smoke detector.

(b)

Type of detection devices. Detection devices shall be of the photo-electric or ionization type and shall be electric, 110 volts, alternating current, or battery-powered smoke detectors, Underwriters' Laboratory or Factory Mutual Approved.

(1)

Electric units shall be direct-wired on a separate circuit on the line side of service equipment, immediately fused with proper size fuse. Detector wiring shall be minimum 14 gauge wire. All wiring shall comply with the National Electric Code and shall be performed by registered, licensed electricians.

(2)

Battery-powered units shall be permitted only in structures built prior to 1983 or not substantially renovated since 1983. Where battery-powered units are permitted, the battery shall be of the type approved for the detector and shall provide a minimum of 12 months' service. Battery-powered units shall be equipped with an audible sounding device to alert occupants of the need for battery replacements. In rental dwelling units where battery-powered devices are permitted, after installation of the detection device at the landlord's expense, in accordance with subsection (a) of this section, it shall be the tenant's responsibility, unless otherwise provided in the tenant's lease agreement, to:

a.

Make periodic inspections of the unit to determine that it is in proper working order;

b.

Notify the landlord of any malfunction of such detection device which the landlord shall then repair or replace at his own expense; and

c.

Replace the batteries when necessary during the entire term of the rental agreement.

(c)

Audible signal. Detection devices shall be equipped with an audible sounding device that provides a steady signal with a minimum decibel rating of 85 decibels.

(d)

Number of devices required. A minimum of one device shall be required in one-story and two-story single-family dwelling units. Dwelling units consisting of three or more stories shall be equipped with a minimum of two devices. Buildings containing two or more dwelling units shall be equipped with a minimum of one device for each individual dwelling unit. The minimum requirement of this section is that one detector shall be installed on the first floor level at or near the stairs leading to the second floor level, or one detector shall be placed at the second floor level at or near the top of the stairs. In dwellings having basements or cellars, an additional smoke detector shall be installed at or near the top of the stairs leading from the basement or cellar to the first floor level. This section shall not limit the number of detectors required in residential buildings, where the design, arrangement or configuration of the interior would require additional detectors in additional areas of the protected premises, when in the judgment of the authority having jurisdiction, placement of additional detectors is necessary for the protection of the occupants.

(e)

Authority having jurisdiction. The commissioner of licenses and inspections and the fire marshal shall have concurrent jurisdiction for purposes of enforcing compliance with this section. The authority vested in the commissioner of licenses and inspections for enforcement of the provisions of the housing and building codes for purposes of conformity with the provisions of this section may be delegated to the office of the fire marshal.

(f)

Supervision of enforcement. All general contractors, subcontractors and their agents who install electric, 110-volt alternating-current powered smoke-detection devices shall be registered with the office of the city fire marshal in order to sell, distribute, furnish or install smoke-detection equipment within the city. It shall be the responsibility of the contractor, installer, or seller of electrical 110-volt, alternating current-powered smoke detectors to certify in writing to the commissioner of licenses and inspections that such device is in compliance with this section. This subsection shall not apply to persons who perform the actual installation of smoke detectors in dwelling units they own; however, such installations shall still require any applicable inspections required by the building code.

(g)

Penalties. Any violation of the provisions of this section shall render the owner or operator or agent of the owner or operator of the building, or the tenant of rental property, if the rental agreement so provides in accordance with subsection (b)(2)b of this section, and/or the general contractor, subcontractors or their agents, liable for a fine of not less than $300.00 per violation.

(Code 1968, § 34-41.1; Ord. No. 92-053(sub 1), § 21(b), 7-2-92)

State law reference— Basic equipment and facilities, 31 Del. C. § 4116 et seq.; residential smoke detectors, 16 Del. C. § 1622 et seq.

Sec. 34-232.1. - Carbon monoxide alarm devices; requirements.

Every building of residential or mixed occupancy, in which there are one or more residential units, shall be equipped with approved carbon monoxide alarms in accordance with this chapter.

(1)

Location. Not less than one approved carbon monoxide alarm shall be installed in each residential unit. The alarm shall be installed within 40 feet of each room used for sleeping purposes. The carbon monoxide alarm should be placed so it will be easily audible in all sleeping rooms. The carbon monoxide alarm shall be installed according to the manufacturer's instructions.

In every hotel and motel, one approved carbon monoxide alarm shall be installed for every 10,000 square feet of floor area, or fraction thereof, (1) on every floor on which a fossil fuel-burning boiler or furnace is located, and (2) on every floor on which sleeping rooms are heated by any type of warm air heating plant that burns fossil fuel. The floor area shall be computed separately for each floor. The carbon monoxide alarm should be placed so it will be easily audible to all sleeping rooms. The carbon monoxide detector shall be installed according to the manufacturer's specifications.

(2)

Exemptions. The following residential units and hotels/motels shall not be required to have carbon monoxide alarms:

a.

A residential unit in a building or hotel/motel that does not rely on combustion of fossil fuel for heat, ventilation or hot water, and is not sufficiently close to any ventilation source of carbon monoxide, as determined by the commissioner of licenses and inspections or his or her designee, to receive carbon monoxide from that source.

b.

A residential unit or hotel/motel that:

1.

Is heated by steam, hot water or electric heat;

2.

Is not connected by ductwork or ventilation shafts to any room containing a fossil fuel-burning boiler or heater; and

3.

Is not sufficiently close to any ventilated source of carbon monoxide, as determined by the commissioner of licenses and inspections or his designee, to receive carbon monoxide from that source.

(3)

Dwelling units heated by space heaters. Each dwelling unit or hotel/motel employing space heating equipment that is located within the dwelling unit or hotel/motel room and that burns fossil fuel shall be equipped with at least one carbon monoxide alarm. The carbon monoxide alarm should be installed according to the manufacturer's specifications.

(4)

Standards. Every approved carbon monoxide alarm shall comply with all applicable federal and state regulations, and shall bear the label of a nationally recognized standard testing laboratory, and shall meet the standard of UL 2034 or its equivalent. The commissioner of licenses and inspections may issue rules and regulations not inconsistent with the provisions of this chapter, for the implementation and administration of the provisions of this chapter relating to carbon monoxide alarms.

(5)

Battery removal violations—Penalty. It shall be unlawful for any person to remove batteries from a carbon monoxide alarm required under this chapter, or in any way to make inoperable a carbon monoxide alarm required under this chapter, except that this provision shall not apply to any building owner or manager or his agent in the normal procedure of replacing batteries. Any person who violates this section shall be punished by a fine of not less than $300.00 per violation.

(6)

Owner's and tenant's responsibilities. The owner of a structure shall install the carbon monoxide alarm(s) and supply required carbon monoxide testing and maintenance information to at least one adult tenant in each dwelling unit. The tenant shall test, provide general maintenance, and replace required batteries for carbon monoxide alarms located in the tenant's dwelling unit.

(7)

Building heated by central fossil fuel powered heating unit. The owner or owner's agent of every residential building with more than one unit within the building that is heated by one main central fossil fuel powered heating unit, and that is not exempted under this section, shall install one approved carbon monoxide alarm on the floor containing the central heating unit. The owner shall test, provide general maintenance, and replace required batteries for carbon monoxide alarms located in this area. The carbon monoxide alarm shall be installed according to the manufacturer's instructions.

(8)

Fossil fuel defined. Whenever used in this chapter, the term "fossil fuel" shall include coal, natural gas, kerosene, oil, propane and wood.

(9)

Penalties. Any person who violates any provision of this section, for which a separate penalty is not provided, shall be subject to a fine of not less than $100.00 and not more than $1,000.00 per violation. Every day that a violation is allowed to continue shall constitute a separate and distinct offense.

(Ord. No. 01-003(sub 1), § 1, 3-15-01)

Sec. 34-233. - Mobile home fire safety requirements.

Any mobile home shall be equipped with smoke detection devices as described in section 34-232 of both the electric type and the battery-powered type as backup detection devices, both of which detection devices shall be located outside of bedrooms, between the bedrooms, and the living room. Each mobile home shall be equipped with at least one handheld fire extinguisher to be located in the kitchen area. No propane bottled gas shall be permitted in any mobile home unless an alternative fuel supply is not available. No portable kerosene stove or other fuel burning portable appliances for heating or cooking shall be permitted; portable means any stove except one designed for and connected to a flue outlet. Each mobile home shall be equipped with an automatic sprinkler system of a type approved by the commissioner of licenses and inspections and the fire department. Violations of this section shall be punishable as provided in section 34-232 for violations of that section.

(Code 1968, § 34-41.2)

State law reference— Fire safety requirements, 31 Del. C. § 4118.

Sec. 34-234. - Light, ventilation and heating; pest control.

No person shall occupy as owner-occupant or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(1)

Window or skylight for light in habitable rooms. Every habitable room shall have at least one window or skylight facing directly to the outdoors. The minimum total window area, measured between stops, for every habitable room shall be ten percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light-obstruction structures are located less than three feet from the window and extend to a level above that of the ceiling of the room, such a window shall not be deemed to face directly to the outdoors and shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least ten percent of the total floor area of such room.

(2)

Ventilation of habitable rooms. Every habitable room shall have at least one window or skylight which can easily be opened, or such other device as will adequately ventilate the room. The total of openable window area in every habitable room shall be equal to at least 50 percent of the minimum window area size or minimum skylight-type window size, as required in subsection (1) of this section, except where there is supplied some other device affording adequate ventilation and approved by the enforcement officer.

(3)

Light and ventilation for bathrooms, etc. Every bathroom and water closet compartment shall comply with the light and ventilation requirements for habitable rooms contained in subsections (1) and (2) of this section.

(4)

Electrical outlets and fixtures. Every habitable room of any dwelling shall contain at least one electric convenience outlet. Every such outlet and fixture shall be properly installed, shall be maintained in good and safe working condition, and shall be connected to the source of electric power in a safe manner.

(5)

Heating facilities generally. Every dwelling shall have supplied heating facilities which are properly installed, are maintained in safe and good working condition, and are capable of safely and adequately heating all habitable rooms, bathrooms and water closet compartments in every dwelling unit located therein to a temperature of at least 68 degrees Fahrenheit, at a distance of three feet above flood level when the outdoor temperature is at or above zero degrees Fahrenheit.

(6)

Space heater requirements. Every supplied space heater shall comply with all of the following requirements:

a.

No space heater burning solid, liquid or gaseous fuels shall be of the portable type.

b.

Every space heater burning solid, liquid or gaseous fuel shall be properly vented to a chimney or duct leading to outdoor space.

c.

Every space heater shall have a fire-resistant panel beneath it.

d.

Every space heater shall comply with all the requirements of the building code and fire code of the city and the equipment shall be approved by the electrical department of the Middle Department Association of Fire Underwriters.

(7)

Minimum temperatures. Every owner or operator of any dwelling who rents, leases or lets for human habitation any dwelling unit contained within such dwelling on terms, either expressed or implied, to supply or furnish heat to the occupants thereof, shall maintain therein a minimum temperature of 70 degrees Fahrenheit between the hours of 6:00 a.m. and 10:00 p.m. of each day and 60 degrees Fahrenheit between the hours of 10:00 p.m. and 6:00 a.m. of each day, whenever the outdoor temperature shall fall below 50 degrees Fahrenheit during such hours. Whenever a dwelling is heated by means of a furnace, boiler or other heating apparatus under the control of the owner or operator of the dwelling, such owner or operator, in the absence of a written contract or agreement to the contrary, shall be deemed to have contracted, undertaken or bound himself to furnish heat in accordance with the provisions of this subsection to every dwelling unit which contains radiator, furnace heat duct outlets or other heating apparatus outlets.

(8)

Lighting of public halls and stairways. Every common area, public hall and stairway in every multiple dwelling containing three or more dwelling units shall be adequately lighted at all times. Every common area, public hall and stairway in structures devoted solely to dwelling occupancy and containing not more than two dwelling units may be supplied with conveniently located light switches, controlling an adequate lighting system which may be turned on when needed, instead of fulltime lighting. The owner or operator shall have the following responsibilities:

a.

The owner or operator of any multiple dwelling shall have the duty of providing and the responsibility for proper maintenance of the structure's lighting system.

b.

The owner or operator shall be responsible for having the wiring in the lighting system so arranged that the owner or operator is the party directly responsible for payment of all utility charges for that part of the lighting system by which the lighting required in this section of all common areas, public halls and stairways is provided.

(9)

Screens, etc.—For insect control. During that portion of each year when the enforcement officer deems it necessary for protection against mosquitoes, flies and other insects, every door opening directly from a dwelling unit to outdoor space shall have supplied screens and a self-closing device; and every window or other device with openings to outdoor space, used or intended to be used for ventilation, shall likewise be supplied with screens covering at least 33 percent of the window area; provided, that such screens shall not be required during such periods in rooms deemed by the enforcement officer to be located high enough in the upper stories of buildings as to be free from such insects, and in rooms located in areas of this city which are deemed by the enforcement officer to have so few such insects as to render screens unnecessary. This subsection shall not apply to those buildings which have central air conditioning approved by the building official.

(10)

Same—For rodent control. Every basement or cellar window used or intended to be used for ventilation, and every other opening to a basement which might provide an entry for rodents, shall be supplied with a screen or such other device as will effectively prevent their entrance.

(Code 1968, § 34-42)

State law reference— Light, ventilation and space requirements, 31 Del. C. § 4115; extermination, 31 Del. C. § 4121.

Sec. 34-235. - Space, use and location requirements.

No person shall occupy or let to another for occupancy any dwelling or dwelling unit, for the purpose of living therein, which does not comply with the following requirements:

(1)

Floor space of dwelling units. Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, regardless of age, the floor space to be calculated on the basis of total habitable room area, exclusive of stairways.

(2)

Floor space of sleeping rooms. In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor space for each occupant thereof.

(3)

Use of cellar space. No cellar space shall be used as a habitable room or dwelling unit unless it fully complies with the building code as adopted and amended in chapter 4 of this Code and the floor and walls are impervious to leakage of underground and surface runoff water and are insulated against dampness.

(4)

Use of basement space. No basement space shall be used as a habitable room or dwelling unit unless it shall have been shown to the satisfaction of the building official to comply with the building code as adopted and amended in chapter 4 of this

Code and the floors and walls are impervious to leakage of underground and surface runoff of water and are insulated against dampness.

(Code 1968, § 34-43)

State law reference— Space requirements, 31 Del. C. § 4115.

Sec. 34-236. - Responsibilities of owners.

(a)

No person shall own a building within the city which does not comply with the following requirements, particularly with respect to any evidence of decay of any of the items enumerated:

(1)

Foundations, exterior walls and roofs. Every foundation, exterior wall and roof shall be weathertight, watertight, rodentproof and insectproof. Any evidence of decay of a foundation, exterior wall or roof shall be a violation of this section.

(2)

Interior partitions, walls, floors and ceilings. Every interior partition, wall, floor and ceiling shall be capable of affording privacy and shall be kept in a good state of repair and in a clean and sanitary condition. Any evidence of decay shall be a violation of this section.

(3)

Drainage and removal of rain water from roofs. All rain water shall be so drained and conveyed from every roof so as to not cause dampness in the walls, ceilings or floors of any habitable room or of any bathroom, toilet room or floors of any habitable room or of any bathroom, toilet room, basement or cellar. Any evidence of decay of a roof shall be a violation of this section.

(4)

Windows, exterior doors and basement hatchways. Every window, exterior door and basement hatchway shall be weathertight and rodentproof. Any evidence of decay of a window, exterior door or basement hatchway shall be a violation of this section.

(5)

Exterior wood and metal surfaces. All exterior wood and metal surfaces shall be protected from the elements and against decay by paint or other approved protective coating applied in a workmanlike fashion. Any evidence of decay such as cracking, scaling, peeling or loose paint or decay of any other protective coating shall be a violation of this section.

(6)

Stairways, porches, etc. Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed as to be safe to use and capable of supporting the load that normal use may cause to be placed thereon. Any evidence of decay of a stairway, porch, etc., shall be a violation of this section.

(7)

Plumbing fixtures; water and waste pipes. Every supplied plumbing fixture and water and waste pipe shall be properly installed and maintained in good sanitary working condition. Any evidence of decay of such plumbing fixture, water pipe or waste pipe shall be a violation of this section.

(8)

Chimneys and smoke pipes. Every chimney and every supplied smoke pipe shall be adequately supported.

(9)

Toilet room and bathroom floors. Every toilet room, floor surface and bathroom floor surface shall be maintained so as to be impervious to water and shall be kept in a clean and sanitary condition.

(10)

Facilities, equipment and utilities generally. Every supplied facility, piece of equipment or utility which is required under this chapter shall be so constructed or installed that it will function properly and shall be maintained in good working condition.

(11)

Removing, discontinuing, etc., services, facilities, equipment or utilities. No owner or operator shall cause any service, facility equipment or utility which is required to be supplied under the provisions of this chapter to be removed from, shutoff from or discontinued for any occupied dwelling or dwelling unit let or occupied by him, except for such temporary interruption as may be necessary while actual repairs, replacements or alterations are in the process of being made.

(12)

Pest control. Every owner of a dwelling containing two or more dwelling units shall be responsible for the extermination of insects, rodents or other pests on the premises. Whenever infestation exists in two or more of the dwelling units in any dwelling or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

(13)

Cleanliness, etc., of communal, shared or public areas. Every owner of a dwelling containing two or more dwelling units shall be responsible for maintaining in a clean and sanitary condition all communal, shared or public areas of the dwelling and premises thereof which are used or shared by the occupants of two or more dwelling units.

(14)

Cleanliness, etc., of occupied dwelling units generally. No owner shall occupy or rent to any other person for occupancy or allow any other person to occupy any vacant dwelling unit unless it is clean, sanitary and complies with all provisions of this chapter and all rules and regulations adopted pursuant thereto.

(15)

Open ditches or excavations. All open ditches or excavations which present a safety or health hazard shall be filled or protected to eliminate such hazard.

(16)

Drainage generally. All parts of dwellings, dwelling units or rooming units and premises shall be so drained as to prevent unsanitary accumulation of water in cellars or basements or any nuisance to or excessive drainage upon sidewalks and adjoining properties.

(b)

Any person violating any order of the commissioner of licenses and inspections based on the provisions of this section or any provision of any rule or regulation adopted by the department of licenses and inspections for the enforcement or implementation of this section, or violating any provision of this section, 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 $100.00, together with costs and disbursements of prosecution, or be imprisoned for a period not exceeding six months, or by both such fine and imprisonment.

(c)

After conviction and punishment for violation of such order of the commissioner of licenses and inspections based upon the provisions of this section, or any provision of any rule or regulation adopted by the department of licenses and inspections for the enforcement or implementation of this section, if such person shall continue in violation of such order, then 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.

(d)

Each day's failure to comply with any order of the commissioner of licenses and inspections, based upon the provisions of this section, or the provisions of any rule or regulation adopted by the department of licenses and inspections before the enforcement and implementation of any provision of this section or any such rule or regulation shall constitute a distinct and separate offense and be punishable as such.

(Code 1968, § 34-44; Ord. No. 97-092, § 1, 12-4-97)

State law reference— Responsibilities of owners and occupants, 31 Del. C. § 4120.

Sec. 34-237. - Responsibilities of occupants; penalties for violations.

(a)

The occupants of every dwelling or dwelling unit shall comply with the following requirements:

(1)

Cleanliness and sanitation generally. Every occupant of a dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls.

(2)

Disposal of rubbish. Every occupant of a dwelling or dwelling unit shall dispose of all his rubbish in a clean and sanitary manner by placing it in the rubbish containers required by sections 34-231 and 13-7

(3)

Disposal of garbage. Every occupant of a dwelling or dwelling unit shall dispose of all his garbage and any other organic waste which might provide food for rodents in a clean and sanitary manner by placing it in the garbage disposal facilities or garbage storage containers required by sections 34-231 and 13-7

(4)

Screens, storm doors and windows. Every occupant of a dwelling or dwelling unit shall be responsible for handling all screens and double or storm doors and windows whenever the same are required under the provisions of this chapter or of any rule or regulation adopted pursuant thereto, except where the owner has agreed to supply such service.

(5)

Pest control. Every occupant of a dwelling containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a dwelling containing more than one dwelling unit shall be responsible for such extermination whenever his dwelling unit is the only one infested. The owner's responsibilities are as follows:

a.

Notwithstanding the foregoing provisions of this subsection, whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonably insect-proof condition, extermination shall be the responsibility of the owner.

b.

Whenever infestation exists in two or more of the dwelling units in any dwelling, or in the shared or public parts of any dwelling containing two or more dwelling units, extermination thereof shall be the responsibility of the owner.

(6)

Plumbing fixtures. Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof.

(7)

Heating facilities. Every occupant of a dwelling unit shall be responsible for the exercise of reasonable care, proper use and proper operation of supplied heating facilities.

(8)

Care and use generally. Every occupant of a dwelling unit which is let or rented from another shall be responsible for the exercise of reasonable care and the proper use of the dwelling unit and its component parts and supplied facilities and equipment such as screens, screen doors, garbage and rubbish containers. No occupant of a dwelling unit which is let or rented from another shall neglect the maintenance of the dwelling unit such that it has an injurious effect on the health, safety or welfare of the occupants themselves or of immediate neighbors.

(9)

High grass and weeds. Every occupant of a dwelling unit which is let or rented shall be responsible for weeds or grasses growing or accumulating on land of which he or she is the occupant, which includes, but is not limited to any public right-of-way or alley facing, adjoining or abutting the occupant's property so as to create a nuisance to health or safety thereon or to adjoining property. 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 weeds or grasses more than eight inches in height growing in any other location referenced in this section shall be removed and/or cut.

(b)

Any person violating any order of the commissioner of licenses and inspections based on the provisions of this section or any provision of any rule or regulation adopted by the department of licenses and inspections for the enforcement or implementation of this section, or violating any provision of this section, or any provision of any such rule or regulation, shall be deemed guilty of a misdemeanor and upon conviction thereof after trial before the justice of the peace court, shall be punished by a fine of not less than $250.00 for each period of one to seven days of each offense 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 shall be not less than $500.00 and not more than $5,000.00; 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, which shall not be suspended; and for the fifth and each 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 section, 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.

(c)

After conviction and punishment for violation of such order of the commissioner of licenses and inspections based upon the provisions of this section or any provision of any rule or regulation adopted by the department of licenses and inspections for the enforcement or implementation of this section, if such person shall continue in violation of such order, then 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.

(d)

Each day's failure to comply with any order of the commissioner of licenses and inspections based upon the provisions of this section or the provisions of any rule or regulation adopted by the department of licenses and inspections for the enforcement and implementation of any provision of this section or any such rule or regulation shall constitute a distinct and separate offense and be punishable as such.

(Code 1968, § 34-45; Ord. No. 06-054(sub 1), § 3, 10-19-06)

State law reference— Responsibilities of owners and occupants, 31 Del. C. § 4120.

Secs. 34-238—34-265. - Reserved.