Delaware Code (Titles 8, 9, 25, 30)
9 Del. C. § 2907
Abatement; creation of tax lien
# (a)
If after due notice, either actual or constructive, is given by the Department of Land Use to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative tribunal or a court of competent jurisdiction, such person fails to comply with the notice or order and the illegal action or condition continues to exist, the Department of Land Use may cause such violation to be removed, corrected, abated or otherwise made safe and sanitary. The Department of Land Use may incur any expense of razing, demolishing, removing or repairing unsafe or illegal buildings and structures, and may incur any expense necessary or incidental to abating violations of the New Castle Property Maintenance Code or other provisions of the New Castle County Code that constitute a threat to the public health, safety or welfare or to provide for the sanitary condition, safety, or security of the property, structure or building.
# (b)
All expenses incurred by the Department of Land Use pursuant to this section shall be a tax lien on the parcel of real property that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Department of Land Use, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected.
# (c)
Any unpaid fine or civil penalty associated with violation of the New Castle Property Maintenance Code or any other provision of the New Castle County Code that provides for the sanitary condition, safety, or security of a property, structure or building, such fine or civil penalty being final and non-appealable, may be added to local property tax billings for the property which was the subject of said notice or order and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected.
# (d)
New Castle County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Land Use for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings pursuant to a writ of monition.
Amendment history
75 Del. Laws, c. 212, § 6; 81 Del. Laws, c. 162, § 1
Source: view the official text
In this title (40 sections)
- 9-2661 · Information from state and local agencies and school districts
- 9-2662 · Highway capacity
- 9-2699 · Court review of land use actions; limitations on liability of…
- 9-2701-2704 · Establishment of school crossing guard unit for New…
- 9-2801 · Definitions
- 9-2802 · Powers of County
- 9-2803 · Costs; authorization, amount, terms, sale, interest rate,…
- 9-2804 · Authorized signatures on bonds, validity of issuance
- 9-2805 · Payment of bonds; faith and credit of County; tax levy
- 9-2806 · Fees; contracts for use of water
- 9-2807 · Condemnation under right of eminent domain
- 9-2808 · Title of property
- 9-2809 · Penalties; enforcement
- 9-2810 · Authority of Delaware River Basin Commission
- 9-2901 · Definitions
- 9-2902 · Promulgation of property maintenance code
- 9-2903 · Department of Land Use; administration and enforcement
- 9-2904 · Removal of weeds, grasses, refuse, rubbish, trash or other…
- 9-2905 · Fees
- 9-2906 · Violation of regulations or chapter; notices and orders
- 9-2907 · Abatement; creation of tax lien
- 9-2908 · Penalties
- 9-2909 · Additional remedies
- 9-2910 · Exceptions
- 9-3001 · Definitions
- 9-3002 · Power to regulate
- 9-3003 · Land subdivision regulations
- 9-3004 · Content of land subdivision regulations
- 9-3005 · Issuance of building and occupancy permits [Repealed]
- 9-3006 · Selling before approval; penalty; civil suits
- 9-3007 · Recording unapproved plans; penalty
- 9-3008 · Improvements private until dedicated
- 9-3009 · Approved plan to be recorded
- 9-3010 · Schedule of fees
- 9-3011 · Effect of approved plan on official map
- 9-3012 · Notice to local school districts of residential subdivision…
- 9-3013 · Effect of open space acquisition
- 9-3101 · , 3102. Contributory funded pension program authorized;…
- 9-3201 · Title
- 9-3202 · Definitions