County staff present broad revisions to property‑maintenance code, including recording notices and new enforcement options

The Land Use Committee reviewed a proposed update to New Castle County’s property maintenance code intended to adopt the newest International Property Maintenance Code with targeted local amendments.

Joe Day, assistant land use manager, said the update modernizes publication and reference methods, including QR codes in the code text and a requirement that appendix amendments be posted on the county website for 30 days. Day told the committee the update adds administrative tools and enforcement mechanisms, such as the ability for the code official to record a notice of an unpermitted structure with the recorder of deeds so potential buyers are notified of outstanding violations.

The draft would remove the county’s previous limit on civil penalties for maintenance associations and permit the county to issue civil penalties for grass, trash and debris violations when associations do not enforce covenants. Day said the county would charge an administrative fee if it abates violations and would also codify reinspection fees for repeat inspections.

The ordinance would change boat‑storage rules (registered boats and trailers required; inoperable boats must be kept in enclosed buildings), prohibit very long boats (26 feet or longer) from being stored in the street yard in the county’s smallest zoning districts, and restrict certain peer‑to‑peer short‑term pool rentals in residential districts while exempting community or club pools. Day noted limits on boarded windows — 90 days for most cases and up to 270 days for fire‑damaged structures, with limited extensions possible — and said enforcement actions would not be retroactive: a 90‑day compliance clock would begin only after a new violation is inspected and declared.

Council members sought clarification on implementation. Councilman Smiley asked whether a boat parked in a driveway would be considered in the 'street yard' and Day clarified the county’s defined term applies to the front/ street yard and that the section seeks to curb situations where owners pave front yards to store oversized boats. On enforcement timing, Day confirmed the 90‑day period begins on inspection after adoption and the county will not go retroactively to open cases predating the ordinance.

Day said a minor substitute ordinance will be required because a recently adopted rubbish and trash ordinance (ord. 25120) affects some sections of this draft. The committee did not vote to adopt the code that day; staff said they will return with a substitute ordinance and requested clarifications.

Council members in the meeting praised code staff for past enforcement efforts; Councilman Street publicly commended Day and code enforcement for swift responses to overgrowth and other issues in his district.