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Cape Gazette
Lewes, Delaware
Jim's Towing Service
September 26, 1997     Cape Gazette
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September 26, 1997
 

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CAPE GAZETTE, Friday, September 26 - October 2, 1997 - 93 H]GARIEN NOTICE NOTICE NOTICE NOTICE NOTICE NOTICE Continued from Page 92 Custom Built _ . | HOUSES F-I Purple Martin Houses I (Starling Proof) Blue Bird Houses -- also -- Natural Gourds for Purple Martin end other birds. 684-4436 NOTICE TRAVEL NEED RIDE IN Peddlers Village. 945-9523. (9/19- 10/10) NOTICE RESOLUTION PROPOS- ING THAT A PUBLIC HEARING BE HELD ON THE SUBJECT OF AMENDING CHAPTER 19, ARTICLE 7, SIGNS, OF THE MUNICIPAL CODE OF REHOBOTH BEACH, DELAWARE AND PROVID- ING FOR PUBLICATION THEREOF. NOTICE WHEREAS, it is deemed desirable to consider amending Chapter 19, The Municipal Code of City of Rehoboth Beach, Delaware, 1974, relating to zoning; and WHEREAS, 22 Delaware Code, Sec. 304 and City Ordinance Sac. 19-103 pro- vide that any amendment to the City's Zoning Ordinance shall be after a public hear- ing following fifteen (15) eral circulation in the munici- pality. NOW THEREFORE, BE IT RESOLVED that a Public Hearing shall be held on the 10 day of October, A.D. 1997 at 7 o'clock in the evening, prevailing time at the Com- missioners Room, Municipal Building, 229 Rehoboth Avenue, Rehoboth Beach, Sussex County, Delaware, to consider amending Chap- ter 19, zoning, of the Munici- pal Code of Rehoboth Beach, Delaware, 1974 as follows: AN ORDINANCE TO AMEND CHAPTER 19, ARTICLE 7, SIGNS OF THE MUNICIPAL CODE OF REHOBOTH BEACH, DELAWARE 1974, RELAT- ING TO ZONING BE IT ORDAINED, by the Commissioners of Rehoboth Beach, in session met, the manner following to wit: Section 1. Chapter 19, Sec. 19-78(c), Municipal Code of Rehoboth Beach, Delaware, 1974 as amended be and the same is hereby further amended by repeal- ing said paragraph in its entirety and substituting in lieu of the following new sec- tion, Sec. 19-78(c), to read as follows: it shall be unlawful for any person to erect or maintain within the City of Rehoboth Beach, any sign as defined in this chapter without first NOTICE days publication in an official obtaining a permit from the newspaper or paper of gen-i Building Inspector and mak- 227-5600 227-4800 (600) 955-6350 DEWEY BEACH -- PUBLIC NOTICE-- The Dewey Beach Town Hall will be closed for normal operations from September 26,1997 to September 30,1997, inclusive, to facil- itate relocating to temporary offices at the U.S. Lifesaving Station on Dagsworthy Avenue at the ocean. We will resume normal opera- lions on October t, 1997 at 9:00 AM. Mailing address and telephone are unchanged. For emergencies during the closure period, please contact the Dewey Beach Police Department at (302) 227-1110. William H. Rutherford Town Manager NOTICE NOTIC[ CRYPTOGRAM ANSWER The worst part of having success is to try finding someone who is happy for you. - Bette Midler ing payment of the fee as provided in Schedule E, of Section 5-56, of this code. Section 2, Chapter 19, Sec. 19-78, Municipal Code of Rehoboth Beach, Delaware, 1974 as amended be and the same is hereby further amended by adding a new subparagraph (d) to read as follows: All rights and privileges acquired under the provi- sions of this article, or any amendment thereto, are mere licenses revocable at any time by the Commission- ers of Rehoboth Beach, and all such permits shall contain this provision. The Building Inspector is hereby autho- rized and empowered to revoke any permit issued by them upon failure of the holder thereof to comply with any provision of this article. Section 3. Chapter 19, Sac. 19-79(d), Municipal Code of Rehoboth Beach, Delaware 1974 as amended be and the same is hereby further amended by repeal- ing the entire subparagraph (d) in its entirety and by sub- stituting in lieu thereof a new subparagraph (d) to read as follows: (d) The building inspector shall cause to be removed any sign that: 1. has been constructed or erected or is being maintained in violation of the provisions of this arti- cle, 2. or that endangers the public safety, such as an abandoned, dangerous or materially, electrically or structurally defective sign. The Building Inspector shall prepare a notice which shall Ij describe the sign and specify the violation involved and which shall state that if the sign is not removed orthat the violation is corrected within seventy-two (72) hours, the sign shall be removed in accordance with the provisions of this section. i Further, written notice for removal shall not be required where a sign has been removed or brought into compliance, within the applicable seventy-two (72) hour period and, thereafter, within sixty (60) days of the original said written notice, the same sign or a substan- tially similar sign has been constructed or erected on the same property. All notices mailed by the Build- ing Inspector shall be sent by U.S. mail postage prepaid. Any time periods provided in :his section shall be deemed to commence on the date of the mailing. If the notice is not complied with within the time period specified the Building Inspector shall cause the sign to be removed at the expense of the Owner or Lessee. If the delay in repairing or remov- ing the sign is occasioned by circumstances beyond the control of the owner or the Lessee, the Building Inspec- tor may grant in writing addi- ;tional time for removal or repair of this sign. Section 4. Chapter 19, Sec. 19-79(f), Municipal I Code of Rehoboth Beach, !Delaware 1974 as amended be and the same is hereby further amended by appeal- ing said subparagraph (t) in its entirety. Section 5. Chapter 19, Municipal Code of Rehoboth Beach, Delaware, 1974 as amended be and the same is hereby further amended by adding a new section 19-79- 1. to read as follows: SIGNS OVER PUBLIC ROADS, STREETS, SIDE- WALKS, BEACHES AND BOARDWALKS PROHIBIT- ED. No signs shall be built or placed into a public way such as a public road, street, sidewalk, beach and/or boardwalk within the City of Rehoboth Beach. The City reserves the right to remove any and/or all signs placed into a public way to anytime without notice. Section 6. Chapter 19, Municipal Code of Rehoboth Beach, Delaware 1974 as amended be and the same is herby further amended by adding a new Section 19- 79.2. to read as follows: ENFORCEMENT (a) No sign shall be permit- ted to be maintained or used the City contrary to the provi- sions of this article. The City Manager, by and through the duly authorized employees of the City shall enforce the l provisions of this article, and he is hereby authorized and directed to cause removal of signs from areas in which they are prohibited by this article or which are main- tained or used contrary to the provisions of this article. (b) The City's Building Inspector is hereby autho - dzed to issue a citation to i any person or persons who violate the provisions of this article, which mandates the payment of the appropriate fine for said violation within ten (10)' days of issuance. If said fine is not paid within this period, the Building Inspector may then file a i summons for the arrest of said violator, by the City's Police. Section 7. Chapter 19, Municipal Code of Rehoboth Beach, Delaware, 1974 as amended be and the same is hereby further amended be adding a new section 19- 79.3. to read as follows: Violation of the provisions of this article shall constitute a misdemeanor, punishable by a fine of not less than Twenty-five dollars ($25), not to exceed Two Hundred and Fifty Dollars ($250) per offense, plus court costs. Whenever such person shall have been notified by the Building Inspector or by ser- vice of a summons in a pros- ecution or in any other way that they are committing such violation of this Chap- ter, each day that they shall continue, shall constitute a separate offense punishable by like fine or imprisonment. In addition to the fines and penalties therein described, the City may avail itself of any and all civil and equi- table remedies for the pur- pose of stopping continuing offenses of this article. NOTICE A RESOLUTION PROPOSING TO AMEND THE ZONING ORDINANCE OF THE CITY OF LEWES, CHAPTER 197, THE CODE OF THE CITY OF LEWES, TO STRIKE SECTION 197- 12. OS OPEN SPACE DIS- TRICT IN ITS ENTIRETY AND SUBSTITUTE A NEW SECTION 197-12. OP OPEN SPACE DISTRICT AND, FURTHER, TO STRIKE THE DEFINITIONS OF "DOCKHOUSE," "DUNELINE," "GAZEBO" AND "STREET', IN THEIR ENTIRETIES AND SUBSTI- TUTE NEW DEFINITIONS THEREFOR AND TO PRO- VIDE FOR A PUBLIC HEARING THEREON. WHEREAS, the Mayor appointed an Ad Hoc Zoning Committee to revise and make recommendations to the existing Zoning Code of the city of Lewes; and WHEREAS, a moratorium was imposed by City Council on June 9, 1997, on all activ- ities in the OS Open Space District while the Ad Hoc Zoning Committee focused its attention to that specific section and district; and WHEREAS, the Ad Hoc Zoning Committee has met and considered the existing district regulations and has made extensive proposals for changes to those regula- tions including adjustments to certain definitions; and WHEREAS, the Mayor and City Council deem it impor- tant to proceed with the con- sideration of the recommen- dations of the Ad Hoc Zoning Committee with respect to the OS Open Space District; and WHEREAS, 22 Del. Code, Section 304, provides that any amendment to any Zon- ing Ordinance shall be after a public hearing following fif- teen (15) days' notice by publication in an official paper or a paper of general circulation within a munici- pality. NOW, THEREFORE, BE IT RESOLVED that a public hearing shall be held on MONDAY, the 29th day of September, A.D. 1997, at 7:30 o'clock in the evening, prevailing time at the Lewes City Hall, East third Street, to consider amending Chapter 197, the Zoning Code of the City of Lewes, as follows: (1) By striking Section 197- 12 in its entirety and substi- tuting in lieu thereof the new Section 197-12. OS Open Space District as attached hereto and incorporated herein by reference and which changes include the following: background; spe- cific intent; permitted princi- pal uses in Open Space areas along the Lewes- Rehoboth Canal area and in Open Space areas other than the Lewes-Rehoboth Canal area; establishing oth- er requirements and condi- tions including a minimum lot size; and (2) By striking the defini- tions in Section 197-1 for =dockhouse", =duneline", =gazebo" and =street" and substituting in lieu thereof the new definitions as attached hereto and incorpo- rated herein by reference. AND BE IT FURTHER RESOLVED, that the City Manager be and is hereby directed to cause a notice which shall consist of a true copy of the first two (2) pages of this resolution to be ublished in the Cape Gazette, a newspaper of general circulation in the City of Lewes, at least fifteen (15) days prior to the date set forth in this resolution for the public headng. I, James L. Ford, III, Secre- tary of the City Council of the City of Lewes, do hereby certify that the foregoing is a true and correct copy of the resolution passed by the Mayor and City Council at its regular meeting on Septem- ber 8, 1997, at which a quo- rum was present and voting throughout and the same is still in full force and effect. James L Ford, III Secretary Dated September 8, 1997. Estate of ROBERT L KLINGEL, deceased. Notice is hereby given that Letters of Testamentary upon the estate of Robert L. Klingel who departed this life on the 14th day of Sep- tember, A.D. 1997, late of Rehoboth Beach, DE were duly granted unto Robert M. Klingel and Katherine K. Hill on the 17th day of Septem- ber, A.D. 1997, and all per- sons indebted to the said deceased are required to make payments to the said Executors without delay, and all persons having demands against the deceased are required to exhibit and pre- sent the same duly probated to the said Executors on or before the 14th day of May, A.D. 1998 or abide by the law in this behalf. Executors Robert M Klingel 129 Princess Lane i Rehoboth Beach, DE I 19971 Katherine K. Hill 44 Henlopen Avenue Rehoboth Beach, De. 19971 Attomey John F. Hyde 4129 Highway One Rehoboth Beach, DE 19971 Charles J. Rogers Register of Wills Estate of ELLEN LEE WALTON, deceased. Notice is hereby given that Letters of Testamentary upon the estate of Ellen Lee Walton who departed this life on the 4th day of August, A.D. 1997 late of Lewes, Delaware were duly granted unto Louise Capasso on the 5th day of September, A.D. 1997 and all persons indebt- ed to the said deceased are required to make payments to the said Executor without delay, and all persons hav- ing demands against the deceased are required to exhibit and present the same duly probated to the said Executor on or before the 4th day of April, A.D. 1998 or abide by the law in this behalf. Executor Louis Capasso 208 Country Club Drive Rehoboth Beach, DE 19971 Charles J. Rogers Register of Wills Estate of JOSEPH J. STEIN, |11, deceased. Notice is hereby given that Letters of Testamentary upon the estate of Joseph J. Stein, III who departed this life on the 19th day of August, A,D. 1997, late of Rehoboth Beach, Delaware were duly granted unto Joseph J. Stein on the 5th day of September, A.D. 1997, and all persons indebt- ed to the said deceased are required to make payments to the Administrator without delay, and all persons hav- ing demands against the deceased are required to exhibit and present the same duly probated to the said Administrator on or before the 19th day of April, A.D. 1998, or abide by the law in this behalf. Administrator Joseph J. Stein 501 North Boardwalk, Apartment 2 Rehoboth Beach, DE 19971 Attorney: John E. O'Brien P. O. Box 882 Dover, DE 19903 Charles J. Rogers Register of Wills Estate of WILLIAM T. MAHOOD, deceased. Notice is hereby given that Letters of Testamentary upon the estate of William T. Mahood who departed this life on the 16th day of July, A. D. 1997, late of Rehoboth Beach, Delaware were duly granted unto Wilmington Trust Company, on the 1 lth day of September, A. D. 1997, and all persons indebt- ed to the said deceased are required to make payments to the said Executor without delay, and all persons hav- ing demands against the deceased are required to exhibit and present the same duly probated to the said Executor on or before the 16th day of March A. D. 1998 or abide by the law in this behalf. Executor Wilmington Trust Company Rodney Square North 1100 North Market Street Wilmington, DE 19890-0001 Charles J. Rogers Register of Wills Estate of DUNCAN F. FENNI- MORE, deceased. Notice is hereby given that Letters of Testamentary upon the estate of Duncan F. Fennimore who departed this life on the 19th day of August, AD 1997 late of Rehoboth Beach, Delaware were duly granted unto Vivian E. Fennimors on the 18th day of September, A. D. 1997, and all persons indebt- ed to the said deceased are required to make payments to said Executrix without delay, and all persons hav- Continued on Page 94