Abatement; creation of tax lien

# (a)

If after due notice, either actual or constructive, is given by the Sussex County Council, or its designee, 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 Sussex County Council, or its designee, may cause such violation to be removed, corrected, abated, or otherwise made safe and sanitary. The Sussex County Council, or its designee, 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 property maintenance ordinances, rules, and regulations or other provisions of the Sussex 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 Sussex County Council, or its designee, 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 Sussex County Council, or its designee, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to Sussex County, when collected.

# (c)

Any unpaid fine or civil penalty associated with violation of the property maintenance ordinances, rules, or regulations, or any other provision of the Sussex 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 nonappealable, 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 Sussex County, when collected.

# (d)

Sussex County may maintain any action at law or in equity for the recovery of expenses incurred by the Sussex County Council, or its designee, 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

82 Del. Laws, c. 222, § 1

Source: view the official text

In this title (40 sections)

Full table of contents →