Tall grass and trash problems plague some areas of Sussex County, but county officials do not have the power to issue civil fines. The process to get problem properties cleaned up is cumbersome and time consuming, officials say.

Now, proposed legislation would enable Sussex County Council to use the yet-to-be introduced bill to streamline the process, impose fines and enact stricter regulations.

Currently, the process can take weeks and even months.

During council's April 2 meeting, County Administrator Todd Lawson said Rep. Ruth Briggs King, R-Georgetown, is drafting the legislation based on existing regulations in Kent County.

Key in the legislation, he said, is authorizing council to levy civil fines to violators.

Sussex County Chief Constable Lester Schaffer explained the current process.

When grass or weeds grow 12 inches or higher and a complaint is filed with the constable's office, a violation notice is handed to the property owner giving them five days to cut the grass, Schaffer told council.

If the grass is not cut, a process begins that could take six to eight months, he said.

If the property owner can't be reached, a certified letter is sent to the address; U.S. postal regulations require staff to wait at least three weeks for delivery. If the letter is accepted, a property owner is given five days to cut the grass. If it's it's still not cut, the county hires a contractor. Schaffer said to reach that point takes about a month.

However, if the certified letter is not accepted by the property owner, a violation notice must be posted on the property for at least a week. If the grass is still not cut, the county hires a contractor, extending the process beyond five or six weeks – with the grass still growing.

The proposed state legislation would authorize county officials to post a violation notice on the property immediately. If grass is not cut within a week, a civil fine could be levied, and by the third week, the county could cut the grass and bill the property owner. The cost could be part of the property owner's annual county tax bill and a lien could also be placed on the property.

Regulations involving trash violations are similar but start with a 30-day period for a property owner to clean up trash.

Under the current process, six months to a year could be added to the process if a violation ends up in Justice of the Peace Court. Mike Costello, former chief constable who is now government affairs manager, said if a case goes to court, a judge can impose a fine but is not required to order a property owner to clean up their property or cut their grass.

“This bill would enable the county to short-cut the process,” said county attorney J. Everett Moore. “But it's enabling legislation, totally up to council.”

Costello said in 2018, the county issued 395 tall-grass violations with 60 ending up being cut by county-hired contractors. He said the county placed liens on 40 properties because of foreclosures, deceased property owners or property owners who could not be located.

The county does not receive its payment through a lien until a property is sold.

The county takes a reasonable approach before taking any action in an effort to work with property owners, Costello said.

However, there are repeat offenders, Schaffer said. He said last year an out-of-state property owner was cited seven times before he ended up cutting the grass on his property.

Schaffer reminded council that his office is reactive; it answers residents' complaints. “We don't drive around. We don't have time for that,” he said.

Lawson said he would continue to work on language for the proposed bill with county legal staff.