News Release for Tuesday, February 10, 2009

City Seeks Public Input on Legislation to Further Curb Nuisance Properties
Legislation establishes new point system to track violations of public safety laws

and violations of City sanitation, building and health codes;

The City of Wilmington will seek public comment over the next few weeks on a proposed law that creates a new point system to track repeat criminal and code violations at residential and business properties throughout the City. The law would also give the City's Commissioner of Licenses and Inspections additional options with which to abate public nuisance properties before the problems result in the revocation of a business license or the permanent closing of a property.

Mayor James M. Baker and City Council Member At-Large Charles "Bud" Freel developed the proposed law as an additional tool to strengthen and stabilize neighborhoods and eliminate nuisance properties that cause continual problems for law enforcement, code inspections and City residents.

The proposed law is posted on the homepage of the City's website at www.WilmingtonDE.gov so citizens can download and review it. Citizens may also obtain a copy of the proposal, Ordinance # 09-007, by calling City Council offices at 302.576.2140. A public meeting on the Ordinance will be announced shortly so citizens may attend and comment.

"This new legislation sends another strong message that the City will not tolerate disruptive and offensive behaviors by irresponsible property owners and renters who follow a pattern of persistently violating criminal laws, and health, safety and building codes," said Mayor Baker. "The City has adopted a number of new measures in recent years to preserve and protect public health, safety, and welfare; we are again making it clear that any behaviors that denigrate the quality of life in our neighborhoods or business districts will be dealt with swiftly and justly."

Council Member Freel is working closely with the Mayor and Council Member Paul Ignudo, Chair of City Council's Housing and L&I Committee, to solicit public comment on the legislation before seeking a final vote of Council. "We want people to read this proposed law and offer comments," said Council Member Freel. "Our goal is to stop the nuisance behavior before it becomes intolerable which is why the new law offers a concise summary of violations, the points attached to each violation and the consequences for the property owner if certain points are generated within a certain time frame."

In addition, the Council Member said the proposal empowers the City's Licenses and Inspections Commissioner to use additional options such as temporarily closing a nuisance business or residence, suspending a license or permit in order to abate the nuisance behavior, or taking the property owner to court. Those actions could be employed by the City before more forceful action is taken such as revoking a license and closing the property for as long as one year.

Under the new system, points are assessed each time the City takes enforcement action against a property. Points are assessed with or without an arrest or conviction; owners, occupants, lessors, lessees, licensees, and mortgagees can all be held liable. The number of points assessed depends on the severity of the incident; for example, an offense involving a weapon is assigned eight points, while a sanitation violation is assigned one point. When more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.  A full list of offenses and corresponding point values can be found on the City website at www.wilmingtonde.gov/nuisanceproperties.

A building or structure is deemed a nuisance property if 12 or more points are accumulated within a period of six consecutive months or 18 or more points are accumulated within 12 consecutive months. Once a property has accumulated enough points to be deemed a public nuisance, the Commissioner of Licenses and Inspections is authorized to temporarily close the property; suspend or revoke any operating license or permit issued by the City relating to business or trade; and/or issue a criminal summons. Failure to comply with an order issued by the Commissioner is punishable by a fine of up to $1,000 for the first offense, $2,500 for the second offense, and $5,000 for the third and subsequent offenses.

Owners of a nuisance property have the right to appeal an order of closure, suspension, or revocation by filing a written application for the Licenses and Inspections Review Board within 10 business days. According to the City code, an appeal shall act as a stay of an order until a decision has been rendered by the L&I Review Board.

John Rago

Director of Communications and Policy Development

Office of Wilmington Mayor James M. Baker

302.576.2109 (office)

302.420.7928 (mobile)

Rich Neumann

Assistant Communicatons Director

Office of Mayor James M. Baker

302.576.2117 (office)

302.757.3898 (cell)