SENATE BILL NO. 489
AN ACT TO AMEND AN ACT BEING CHAPTER 170, VOLUME 57, LAWS OF DELAWARE, AS AMENDED, ENTITLED AN ACT TO REINCORPORATE THE CITY OF LEWES" TO REVISE THE PROCEDURE FOR CERTAIN IMPROVEMENTS TO THE SIDEWALKS, CURBS AND GUTTERS.
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 Section 35, Chapter 170, Volume 57, Laws of Delaware, as amended, by striking said Section 35 in its entirety and substituting in lieu thereof a new Section 35 to read as follows:
"CURBING AND PAVING
Section 35. (a) The City Council shall have the power to cause to be paved or repaved the sidewalks of said City, or any part or portion thereof, to cause to be repaired or relaid existing curbs or gutters, or both, or any part or portion thereof, or to cause to be laid, installed or constructed new curbs or gutters, or both, or any part or portion thereof with such material or materials and of such width or size and subject to such specifications as the City Council shall determine.
(b) Before the exercise of said power in any particular instance, the City Council shall adopt an ordinance or resolution stating in effect that on a named day and at a named hour and place, the City Council will meet to consider the question of paving or repaving the sidewalks, repairing existing curbs or gutters, or both, or altering existing curbs or gutters, or both, with any specified material or materials or to construct new curbs or gutters, or both.
(c) The ordinance or resolution shall specify the streets and the names and addresses of the owners of property in front of or adjacent to whose property the work shall be done.
(d) The said ordinance or resolution shall be published at least one (1) week prior to the meeting of the City Council in at least one (1) issue of a newspaper having a general circulation in The City of Lewes.
(e) The City Council shall hold a meeting in said City pursuant to the provisions of said ordinance or resolution and at such meeting shall hear the owners of property and other residents of the City appearing on the question referred to in the said ordinance or resolution...
(f) Following said hearing, the City Council, either at said meeting or at a subsequent meeting, shall decide whether to proceed with the improvements referred to in said ordinance or resolution, or any part thereof, and if it shall decide to proceed, it shall determine whether the whole or some specified proportion of the cost of the improvements, repairs or replacements shall be assessed to the owner or owners of the property in front of or adjacent to whose property the said improvements, repairs or replacements are being constructed or installed. If the City Council concludes that the whole or a specified proportion of said cost shall be borne by said owners, the said owners shall be compelled to pay the whole or the specified proportion of the costs of the said work, the amount to be paid to be determined by the linear frontage of the parcel in front of which the sidewalk is to be paved or repaved or of the gutter to be laid, repaired or replaced or the curb to be repaired, constructed, or installed or any or all of said improvements, as the case may be.
(g) When the said paving or repaving, curbing or recurbing, guttering or reguttering, or any or all of them shall have been completed and the costs thereof ascertained, the City Council shall ascertain the amount that the owner of each parcel of property shall pay and shall give written notice thereof to such owner, or one of the co-owners if there be more than one (1) owner, by mailing the same to his last known address by first class mail with postage prepaid. If any owner shall fail to pay the specified amount within thirty (30) days after the mailing of such notice, the amount, together with costs and interest may be collected by the City Manager in the same manner and under the same terms and conditions as are provided for the collection of delinquent taxes.
(h) Any notice sent to one (1) co-owner shall be notice to all owners and in a case if no owners reside within the corporate limits of The City of Lewes, notice served as set forth herein or posted upon the premises shall be sufficient.
(i) Provisions contained herein shall apply to any ordinance or resolution enacted or adopted by the City Council in respect to any pavement, sidewalk, gutter or curb heretofore made or done which the said City Council may deem to need repair or replacement."
Approved July 24, 1990.