What do I need to obtain a building permit for?

Ordinance 1.1-4    Any owner or owner's authorized agent who intends to construct, enlarge, alter, repair, move, demolish, or change the occupancy of a building or structure or to erect, install, enlarge, alter, repair, remove, convert, or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or to cause any such work to be performed, shall first make application to the Town of Clayton and obtain the required permit.

I obtained a building permit and the contractor completed the work. Is there I need to do now?

Great question. Yes. A final inspection is required before a permit can be closed out through the Town of Clayton. For fences, sheds, signs, and dumpsters, please call the Town of Clayton at 302-653-5637. For all other projects including but not limiting, home additions and renovations, swimming pools, decks, roofs, please call First State Inspection Agency at 302-422-3859 to schedule. Once the final inspection has passed, the Town will close out the permit and forward all paperwork to the Kent County Assessors office for your property. 

How do I file an ordinance violation complaint?

Ordinance Violations must be reported by submitting a complaint form located under the Inspections and Enforcement tab. Forms can be dropped of at Town Hall or emailed to inspections@clayton-delaware.com. 

I received an Ordinance Warning Letter. What happens now?

After receiving a warning letter, it is important that you bring the violation into compliance by the date provided on the letter. A re-inspection will be conducted by a Town Official at that time and if the violation is still in non-compliance, a fine will be issued in the amount according to the letter. If a personal hardship is preventing you from bringing the violation into compliance in time, no worries. You can submit an Ordinance Compliance Extension request form which can be found under the Inspections and Enforcement tab. The Code Enforcement Department will review your request and contact you within 5 days with a decision. 

I don't agree with the decision of Code Enforcement that I was in violation. What are my options?

The Town of Clayton provides the opportunity to request an appeal. Appeal forms are found under the Code Enforcement tab and must be receieved by the Code Enforcement Office within 20 days of the date of notice to be considered. PLEASE NOTE, appeals will only be conisdered if they are based on a claim that the true intent of the code, ordinances, or the rules legally adopted, have been incorrectly interpreted, the provisions do not fully apply, or the requirements are adequately satisfied by other means. If approved, you will receive notice of hearing with a date and time in which your case will be presented to Town Council. Hearings are subject to a fee as listed in the fee schedule. If the hearing is found in favor of the complainant, the fee will not be assessed. If the hearing is not found in favor of the complainant, the fee shall be assessed in addition to any violation fines or penalties.

I received a Violation Letter with a fine. What happens if I do not pay the fine and does this go on my record?

1) Unpaid penalties/fines are considered a debt to the Town of Clayton and by law, will be assessed to the property tax bill. The Town may also take legal action against the property/business to include assessing a lien. Fines may be assessed per violation per day until the violation is in compliance. For example. $50 penalty X 5 days out of compliance = $250 fine. $50 penalty X 2 violations = $100 x 5 days = $500. Just remember, before a property owner receives a Violation Letter and fine, they already received a Verbal Warning and/or Warning Letter, opportunity to request a compliance extension and opportunity for an appeal. A violation is determined to be in compliance once it has been inspected/reviewed by the Department of Code Enforcement. This is why it is important to bring the violation within compliance by the due date and contact the Department of Code Enforcement notifying same. 

2) No, fines and violations are civil in nature and do not go on your official government or criminal record. However, if a violation fine goes unpaid and legal action is taken, that could go on your record.