Bill Text: DE HB264 | 2015-2016 | 148th General Assembly | Draft
Bill Title: An Act To Amend The Charter Of The Town Of Wyoming.
Spectrum: Bipartisan Bill
Status: (Passed) 2016-05-19 - Signed by Governor [HB264 Detail]
Download: Delaware-2015-HB264-Draft.html
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SPONSOR: |
Rep. Yearick & Sen. Bushweller |
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HOUSE OF REPRESENTATIVES 148th GENERAL ASSEMBLY |
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HOUSE BILL NO. 264 |
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AN ACT TO AMEND THE CHARTER OF THE TOWN OF WYOMING. |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):
Section 1.Amend the Charter of the Town of Wyoming by making deletions as shown by strike through and insertions as shown by underline as follows:
14.4 Duties and Power of Mayor.
The Mayor shall preside at all meetings of Council; shall
serve as the head of the Town government for all ceremonial purposes and for
purposes of military law; shall appoint all committees, subject to Council
confirmation, and shall have general superintendence of all municipal affairs.
The Mayor shall receive complaints of nuisances and all complaints of
violations of laws or ordinances and present the same to Council at its first
meeting thereafter for action of Council; notwithstanding the foregoing, no
action to enforce the laws or ordinances of the Town shall be invalidated as a
result of the same not being presented to the Town Council. The Mayor shall
sign all warrants on the Treasurer for the payment of any Town money and shall
perform such other duties as may be prescribed by Resolution or Ordinance of
Council. The Mayor shall have the same right as other officers and Council
members to vote on all matters and may, at any time, appoint another officer or
Council member to preside if he desires to make a motion, move the adoption of
a resolution, second either, or debate any question from the floor and may,
thereafter, immediately resume his/her duties as presiding officer. For
purposes of establishing a majority vote or quorum, the Mayor shall be counted
as a member of Council. If the Mayor be incapacitated from acting by reason of
absence, or for any other cause whatsoever, then all powers and duties
conferred and imposed upon him/her by this Act, or any other Law, or any
resolution or ordinance now or thereafter adopted or enacted by Council, shall
be exercised and performed by the Vice-Mayor chosen by Council as acting Mayor
for the period of such incapacity. The Mayor shall serve a term of three years.
15. Assessment of Taxes.
(I) The limit of
the amount to be raised by taxation under this section shall not exceed the sum
of $600,000 $1,500,000 in any one year clear of all delinquencies
and expenses of collection.
18. Enumeration of Specific Powers of Council.
The Town Council shall have power to do the following:
18.1 Enact ordinances to preserve the health of the Town and to prevent the introduction and spread of infectious or contagious diseases.
18.2 Define, prevent and abate nuisances,
obstructions, or any other condition detrimental to the public safety, health
or welfare; and to cause the cost of such abatement or removal to be paid by
the legal entity causing or permitting the same to exist.Define, prevent, abate, and remove all
nuisances, obstructions, unsanitary conditions, or any other condition
detrimental to the public safety, health or welfare, whether in the street,
squares, lanes, alleys, sidewalks, or in any other public or private property
within the limits of said Town; and to cause the cost of such abatement or
removal (including, but not limited to its reasonable attorney's fees incurred
in enforcement and/or litigation, and court costs) to be paid by the property
owners, legal entity, orindividual
causing or permitting the same to exist.The Town may enact ordinances or adopt resolutions to enforce the
provisions of this section, which may be enforced by imposing such fines and
penalties as shall be necessary and proper in the judgment of Council.For purposes of this section, any property,
whether dwelling, storehouse, or both, or otherwise, which does not have a
proper and active sewer, water, and electric connection whereby the property is
receiving the service corresponding thereto, provided that such connections are
available for such property, shall be deemed to be in an unsanitary condition
under the meaning of this section, at the discretion of the Council.
22. Reserved.Obstructions, Nuisances, and Unsanitary
Conditions
The Town Council shall have power and authority to enact ordinances or
adopt resolutions to define, prevent, abate and remove all obstructions,
nuisances and unsanitary conditions at any time existing or deemed to be
contemplated whether in the street, squares, lanes, or alleys, or on the
sidewalks, pursuant to procedures established by the town via ordinance.
Council shall have the power and authority to enforce, by Ordinance, all the
requirements of this section by imposing fines and penalties as shall be in the
judgment of Council necessary and proper, which shall be in addition to the
expenses incurred (including, but not limited to its reasonable attorney's fees
incurred in enforcement and/or litigation, and court costs) and cost of removal
or abatement. For all the purposes of this section, any property, whether
dwelling, storehouse, or both, or otherwise, which does not have proper
connections with the sewer system of the said Town, if such sewer connections
be available for such property, shall be deemed to be in an unsanitary
condition under the meaning of this section, at the discretion of the Council.
Section 2.This act shall become effective immediately upon the date of its enactment.
SYNOPSIS
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This charter amendment consolidates the authority of the Town of Wyoming to regulate nuisances into one location within the charter and clarifies the Town's authority to regulate nuisances.This charter amendment raises the taxation limit of the Town from $600,000 to $1,500,000. |
