9 Del. C. § 3403 — Delaware Code / Title 9 / Chapter 34 / Section 3403
§ Â
        3403. Public hearing.
Status: in_force

(a) Upon receipt of a petition under § 3402(c) of this title from an existing subdivision or land development, the county government shall hold a public hearing on the petition. The notice of the public hearing must be published at least once in a newspaper published within New Castle County. The notice must be published between 10 and 21 days before the public hearing and must contain all of the following:

(1) A description of the boundaries of the proposed stormwater maintenance district.

(2) A statement that the county government will hold a hearing to consider whether or not to create the proposed district.

(3) A statement that in the event the county government decides to create the proposed stormwater maintenance district, the county government will assess the unit costs of stormwater maintenance against each unit of real property within the stormwater maintenance district.

(b) Any new subdivision or land development required to establish a stormwater maintenance district under § 3402 of this title is also subject to all hearing procedures and all requirements for a proposed plan as established under the New Castle County Code.
9 Del. C. § 902 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 902
§ Â
        902. Fees for dog and kennel licenses; terms [Transferred].
Status: in_force

Transferred to § 3042F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 4640 — Delaware Code / Title 9 / Chapter 46 / Section 4640
§ Â
        4640. Contents of notice of sale â Multiple rate bidding.
Status: in_force

The notice of sale may, as an alternative to a single interest rate, permit bidders to name 2 or more interest rates for the bonds proposed to be sold, within such limitations as the notice of sale may provide. In such event it shall state that all the bonds will be awarded to the bidder on whose bid the total loan may be made at the lowest net interest cost to the district, such net cost being computed, as to each bid, by adding to the total principal amount of the bonds the total interest which will be paid under the terms of the bid, after deducting from such interest the amount of premium, if any.
9 Del. C. § 5516 — Delaware Code / Title 9 / Chapter 55 / Section 5516
§ Â
        5516. Limitation on ad  valorem or special taxes within Special Development District.
Status: in_force

The levy of an ad valorem or special tax pursuant to § 5502(a)(2) or § 5513(a) of this title shall not be applicable to and shall not be imposed on special betterments property as defined in § 8101(e) of this title owned or leased by a “public utility” as defined in § 102 of Title 26.
9 Del. C. § 5506 — Delaware Code / Title 9 / Chapter 55 / Section 5506
§ Â
        5506. When no bonds or  other obligations outstanding.
Status: in_force

(a) When no bonds are outstanding, the County may use money in the special fund for payment or reimbursement of debt service on other obligations that the County is obligated to pay under an agreement described in § 5502(b)(3) of this title.

(b) When no bonds are outstanding with respect to a special development district and no other obligations are outstanding:

(1) The special development district shall be terminated; and

(2) Any moneys remaining in the special fund on the date of termination of the special development district shall be paid to the general fund of the County.
9 Del. C. § 2616 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2616
§ Â
        2616. Emergency Communication Systems.
Status: in_force

(a) “Emergency communications equipment” includes, but is not limited to: repeater systems, 2-way radio communications, signal boosters, bi-directional amplifiers, radiating cable systems or internal antenna or any combination of the foregoing.

(b) “Emergency public safety personnel” includes firefighters, emergency medical services personnel, law-enforcement officers and other personnel routinely called upon to provide emergency assistance to members of the public in a wide variety of emergency situations, including but not limited to, fires, medical emergencies, crimes and terrorist attacks.

(c) “Newly constructed buildings” are defined as any structure of 25,000 square feet or more for which a building permit is issued commencing February 24, 2008. New construction shall not be construed as a renovation or modification of a building, or an expansion or addition to a building which is contiguous to an existing building for which a permanent certificate of occupancy was in effect by February 24, 2008. A structure shall be considered new construction even if it is physically connected to an existing structure exempt from the provisions of this section if it is not contiguous to the structure. “Contiguous structures” shall mean at least 2 structures that share a common wall or floor.

(d) The zoning ordinance and regulations adopted pursuant to this section shall provide that newly constructed buildings of 25,000 square feet of gross floor area or more shall be designed, constructed and/or equipped so that they meet the GAT (Grid Acceptance Test) at 95% compliance for 800 MHz public safety in-building communications coverage. The in-building coverage required under this section may occur naturally or may require in-building emergency communications equipment as defined in subsection (a) of this section.

(e) No issuing agency shall award a permanent certificate of occupancy unless a building affected under this section meets the GAT 95% coverage requirement. An issuing agency may issue a temporary certificate of occupancy for a period of 3 months if a reasonable effort has been made to meet the requirements under this section prior to the issuance of the temporary certificate of occupancy.

(f) The Delaware Department of Safety and Homeland Security (DSHS), or its designee, shall develop and promulgate rules and regulations for the implementation of the provisions in this section. The Secretary of DSHS shall form an advisory committee consisting of representatives of state agencies and private commercial and industrial building interests to develop the rules and regulations specified in this section. The advisory committee shall be comprised of no more than 16 members which shall consist at least of the following members:

(1) The Secretary of the Department of Safety and Homeland Security or the Secretary’s designee;

(2) A representative of the Office of Facilities Management to be appointed by the Director of the Office of Management and Budget;

(3) A representative of the Delaware Volunteer Firefighter’s Association;

(4) A representative from Emergency Medical Service;

(5) A representative from the Delaware State Police to be appointed by the Colonel of the State Police;

(6) A representative of the Police Chiefs Council to be appointed by the President of the Police Chiefs Council;

(7) A representative from the Delaware Department of Transportation [DelDOT] to be appointed by the Secretary of the DelDOT;

(8) A representative of the Delaware Department of Technology and Information to be appointed by the Chief Information Officer of the Delaware Department of Technology and Information;

(9) A representative from the Delaware Healthcare Association;

(10) A member of the Commercial Industrial Realty Council;

(11) Two members at-large to be appointed by the Governor of the State of Delaware.

The remaining members shall be appointed by the Governor and shall represent owners and developers of buildings greater than 100,000 square feet. The Advisory Committee shall expire upon completion and adoption of the rules and regulations under this section, but no later than February 28, 2009.

(g) The rules and regulations promulgated by the Department of Safety and Homeland Security shall not require any building to be certified for 95% in-building coverage until all 800 MHz communications towers within a county, under the Next Generation 800 MHz Project in effect at the time this section is enacted, are fully operational. If a building otherwise subject to the provisions of this section is temporarily exempt from certification under this section due to unfinished towers in a county, the design and construction of a building shall incorporate the means to later install any equipment necessary to meet the 95% GAT in-building coverage requirement. A building temporarily exempted under this subsection shall be certified within 6 months after all Next Generation 800 MHz communication towers are fully operational within a county. The Department of Safety and Homeland Security shall publish, and update, on its website, a map of the State showing those counties in which buildings subject to this chapter must comply with the requirements under this section.

(h) If a building, subject to the provisions of this section, has been certified as meeting the GAT 95% in-building coverage requirement, then persons and/or entities involved in the design, construction, ownership and maintenance of the building shall not be liable for any injury, death or damage that solely and directly results from the acts or omissions in its operation of the State of Delaware 800 MHz Emergency Communications system.

(i) Except as otherwise provided in this section, the following shall be an exception to the provisions of this section:

(1) Areas of a building, otherwise subject to the provisions of this Section, where electromagnetic interference (EMI’s) will interfere with the efficient operation of equipment sensitive to EMI’s; and,

(2) Any agricultural building not intended and not used for human occupancy, including but not limited to, commercial poultry houses, animal barns, etc.

(j) Buildings that would otherwise be subject to the provisions of this section shall be permanently exempt if a building permit is issued by February 28, 2009.

(k) When all towers associated or related to the Next Generation 800 MHz Project have been erected and are operational, subsection (g) of this section shall no longer be applicable and shall expire unless otherwise provided by a subsequent act of the General Assembly.

(l) The 95% GAT 800 MHz Emergency Communications in-building coverage standard shall be the standard applicable to the 800 MHz Emergency Communications System and any minor upgrades to the 800 MHz Emergency Communications System.
9 Del. C. § 1384 — Delaware Code / Title 9 / Chapter 13 / Subchapter V / Section 1384
§ Â
        1384. Pension plan for employees.
Status: in_force

New Castle County may, by ordinance, establish a contributory funded pension program which shall be comprised of a qualified pension plan or plans as defined under the Federal Internal Revenue Service Code and Regulations.
9 Del. C. § 4406 — Delaware Code / Title 9 / Chapter 44 / Section 4406
§ Â
        4406. Records.
Status: in_force

(a) The Chief of Building Inspections shall keep a careful and comprehensive record of applications, permits issued, inspections made, reports rendered and of notices or orders issued.

(b) The Chief of Building Inspections shall retain on file copies of all permits issued.

(c) All records may be open to public inspection at the discretion of the Chief of Building Inspections, but shall not be removed from the office of the Chief of Building Inspections.
9 Del. C. § 721 — Delaware Code / Title 9 / Chapter 7 / Subchapter II / Section 721
§ Â
        721. Vacancies; method of filling.
Status: in_force

Whenever any member of the governing board of any park district shall:

(1) Die,

(2) Resign,

(3) Become insane,

(4) Cease to be a legal voter in said district,

(5) Be convicted of any infamous crime,

(6) Refuse or neglect to take his or her oath of office, or

(7) Neglect to attend the duties of his or her office or attend meetings of the board for such length of time as such board shall by ordinance fix,

said office may be declared vacant. Vacancies shall be declared, and may be filled by appointment by a majority of the remaining members of the board, and any person so appointed shall hold that person’s office until the next regular election for members of the board when a successor for the unexpired term shall be elected.
9 Del. C. § 8304 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8304
§ Â
        8304. Powers in conducting hearings; refusal to answer; penalty.
Status: in_force

(a) The respective county governing body may summon and compel the attendance of witnesses, examine such witnesses, and compel the production of such books and papers as are necessary, with respect to any assessable property. Each member of the respective county governing body may administer oaths or affirmations.

(b) Whoever fails, refuses or neglects to answer questions submitted by the respective county governing body or any member thereof, with respect to assessable property, or fails, neglects, or refuses to produce when required, such books and papers as are necessary with respect to assessable property, shall be fined not more than $100. Licensed real estate agents shall be privileged to refuse to answer any questions concerning the property of another of which such agent shall have the care, management or control, for sale or for rent, other than questions of ownership and location of such property.
9 Del. C. § 8137 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8137
§ Â
        8137. Tenants in common or joint tenants.
Status: in_force

(a) Where title to property on which an exemption is claimed is held by claimant and another or others, either as tenants in common or as joint tenants, claimant shall not be allowed an exemption against the claimant’s interest in said property in excess of the assessed valuation of the claimant’s proportionate share in said property, which proportionate share, for the purposes of this subchapter, shall be deemed to be equal to that of each of the other tenants, unless it is shown that the interests in question are not equal, in which event claimant’s proportionate share shall be as shown.

(b) Nothing in this subchapter shall preclude more than 1 tenant, whether title be held in common or joint tenancy, from claiming exemption against the property so held, but no more than the equivalent of 1 full exemption in regard to such property shall be allowed in any year, and in any case in which the claimants cannot agree as to the apportionment thereof, the exemption shall be apportioned between or among them in proportion to their interest. Property held by husband and wife, as tenants by the entirety, shall be deemed wholly owned by each tenant, but not more than 1 exemption in regard to such property shall be allowed in any year.

(c) Right to claim exemption under this subchapter shall extend to property the title to which is held by a partnership to the extent of the claimant’s interest as a partner therein, and by a guardian, trustee, committee, conservator or other fiduciary for any person who would otherwise be entitled to claim exemption under this subchapter, but not to property the title to which is held by a corporation.
9 Del. C. § 5402 — Delaware Code / Title 9 / Chapter 54 / Section 5402
§ Â
        5402. Definitions.
Status: in_force

As used in this chapter:

(1) “Act” means the Kent County Tax Increment Financing Act.

(2) “Adjusted assessed value” means:

a. For real property that qualifies for an agricultural, horticultural, or forest use under § 8329 of this title, the assessed value of the property without regard to its agricultural, horticultural, or forest use assessment as of January 1 of the calendar year preceding the effective date of the resolution creating the TIF District under § 5406 of this title or such later date as may be designated in such resolution by the Levy Court; or

b. In the event the County grants an exemption from taxes, the original assessed value less the assessed value of property granted an exemption.

(3) “Assessed value” means the total assessed value of all real property in a TIF District subject to taxation as determined by the assessor, with any adjustment pursuant to paragraph (2) of this section taken into account.

(4) “Assessor” shall mean the Kent County Assessment Office.

(5) “Bonds” or “bond” means any revenue or general obligation bonds or bond, notes or note, or other similar instruments or instrument issued by the County pursuant to and in accordance with this chapter.

(6) “Chief financial officer” means the Director of the Kent County Department of Finance or the Director’s designee designated by the Director of the Kent County Department of Finance.

(7) “County” means Kent County.

(8) “County Administrator” means the Kent County Administrator or the Kent County Administrator’s designee designated by the Kent County Administrator.

(9) “Development” means new development, redevelopment, revitalization, or renovation.

(10) “Issuer” means the County when it acts to issue bonds.

(11) “Issuing body” means a municipality or other political subdivision, department or agency of the State (other than the County) when it acts to issue a bond, a note, or other similar instrument.

(12) “Levy Court” means Kent County Levy Court.

(13) “Original assessed value” means the assessed value as of January 1 of the calendar year preceding the effective date of the resolution creating the TIF District under § 5406(1) of this title or such later date as may be designated in such resolution by the Levy Court.

(14) “Other obligations” or “other obligation” means a bond, a note, or other similar instrument issued by an issuing body for any of the purposes stated in § 5405 of this title.

(15) “Tax increment” means for any tax year the amount by which the assessed value as of January 1 preceding that tax year exceeds the original assessed value.

(16) “Tax year” means the fiscal year for the County.

(17) “TIF District” means an area designated by a resolution described in § 5406(1) of this title.
9 Del. C. § 8140 — Delaware Code / Title 9 / Chapter 81 / Subchapter II / Section 8140
§ Â
        8140. Appeals.
Status: in_force

An aggrieved taxpayer may appeal from the disposition of an exemption claim under this subchapter in the same manner as is provided for appeals from assessments generally.
9 Del. C. § 6807 — Delaware Code / Title 9 / Chapter 68 / Section 6807
§ Â
        6807. Comprehensive development plan of the District.
Status: in_force

(a) The Commission shall prepare a plan as expressed in maps, figures, and text which shall, among other elements, include: Statements of objectives, standards, principles and policies pertaining to the physical development of the District; existing and proposed patterns and intensity of land use; existing and proposed traffic circulation and transportation systems; existing and proposed public facilities, programs and utilities. The plan shall include such other features and programs as may come wholly or partially within county jurisdiction; and in addition, include those planning elements existing and proposed within a city or town as are likely to bear an important relationship to the physical development of the district. The plan shall be a public record, but its purpose and effect shall be solely as an aid to the Commission in the performance of its duties. A copy of the plan shall be forwarded to the State Planning Office and all municipalities within the County for review. After the Commission adopts the plan or amendments thereto, the plan shall be forwarded to the county government for formal action.

(b) The Commission may also prepare a recommended 6-year capital improvements program including an annual capital budget and various codes and ordinances intended to implement the comprehensive plan.

(c) The Commission may, from time to time, amend, extend or add to the plan under the provisions of subsection (a) of this section.

(d) The plan may cover areas within the corporated limits of any city or town in Sussex County, to the extent that such areas shall be deemed, in the judgment of the Commission, to be related to the planning of the District. The plan shall have no legal effect in such areas except when such areas request inclusion within the District as provided for in § 6802 of this title.

(e) The Commission shall encourage the cooperation of the cities and towns within Sussex County in any matter concerning the plan and, if requested, shall advise the governing body or authority of any city or town in Sussex County with respect thereto.
9 Del. C. § 8609 — Delaware Code / Title 9 / Chapter 86 / Section 8609
§ Â
        8609. Duplicate receipts.
Status: in_force

Upon the personal application of any taxable whose tax has been paid, a duplicate receipt shall be given for the applicant’s taxes upon its being shown that the receipt for such taxes has been lost, mislaid or destroyed, or in the possession of some person unknown to the applicant, or if known, who refuses to deliver the same; such receipt and its corresponding stub shall be plainly stamped with the word “duplicate.” This section shall not apply with respect to New Castle County.
9 Del. C. § 4653 — Delaware Code / Title 9 / Chapter 46 / Section 4653
§ Â
        4653. Reissuance of bonds or notes lost or destroyed.
Status: in_force

If lost or completely destroyed, any bond or note may be reissued in the form and tenor of the lost or destroyed bond upon the owner furnishing, to the satisfaction of the governing body:

(1) Proof of ownership;

(2) Proof of loss or destruction;

(3) A surety bond in twice the face amount of the bond and coupons; and

(4) Payment of the cost of preparing and issuing the new bond or note.
9 Del. C. § 6705 — Delaware Code / Title 9 / Chapter 67 / Section 6705
§ Â
        6705. Authorized signatures on bonds; validity of issuance.
Status: in_force

(a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all of the persons whose signatures appear thereon have ceased to be officers of the County.

(b) The validity of the bonds shall not be dependent on nor affected by the validity or regularity of any proceedings relating to the planning, acquisition, purchase, construction, reconstruction, improvement, betterment, or extension of the sewerage or water system for which the bonds are issued. The ordinance or resolution authorizing the bonds may provide that the bonds shall contain a recital that they are issued pursuant to this chapter, which recital shall be conclusive evidence of their validity and of the regularity of their issuance.
9 Del. C. § 4625 — Delaware Code / Title 9 / Chapter 46 / Section 4625
§ Â
        4625. Exception to limitation on borrowing power.
Status: in_force

Section 4111 of this title shall not apply to this chapter.
9 Del. C. § 6816 — Delaware Code / Title 9 / Chapter 68 / Section 6816
§ Â
        6816. Appropriation.
Status: in_force

The county government may appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the Commission and may enforce the regulations and restrictions which are adopted pursuant to this chapter, and may accept grants of money and service for these purposes, and other purposes, in accordance with this chapter, from either private or public sources, state or federal.
9 Del. C. § 1410 — Delaware Code / Title 9 / Chapter 14 / Section 1410
§ Â
        1410. Quality assurance reviews.
Status: in_force

(a) The Audit Committee shall conduct quality assurance review of the activities and functions of the Office of the County Auditor. Such review shall take place every 3 years from the date of the last such quality assurance review.

(b) The Audit Committee shall utilize guidelines endorsed by the National Association of Local Government Auditors in conducting the quality assurance review. In addition to those guidelines, the Audit Committee shall determine whether the activities and functions of the Office of the County Auditor are undertaken in compliance with the most recent General Auditing Standards promulgated by the United States Accountability Office and shall examine functional standards employed by the Office, including:

(1) General standards such as staff qualifications, due professional care, and overall quality assurance;

(2) Fieldwork standards such as planning, supervision, and audit evidence; and

(3) Reporting standards such as report content, presentation, and timeliness.

(c) The Audit Committee shall complete its review within a time frame established by the County Council and shall prepare a report of its findings and recommendations no later than the end of the sixth month following the completion of the quality assurance review.

(d) A copy of the Audit Committee’s Quality Review Report shall be furnished to each member of County Council and to the County Executive and shall be made available to the public.

(e) The County Council shall reimburse the Committee for reasonable costs incurred in the conduct of the quality review and the preparation of the Quality Review Report.
9 Del. C. § 4817 — Delaware Code / Title 9 / Chapter 48 / Section 4817
§ Â
        4817. Powers and duties of municipal corporations not affected.
Status: in_force

Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties heretofore conferred upon any municipal corporation over, in or upon any lands lying outside of the corporate limits of municipal corporations.
9 Del. C. § 4606 — Delaware Code / Title 9 / Chapter 46 / Section 4606
§ Â
        4606. Establishment of the county district.
Status: in_force

(a) Upon the evidence presented at the public hearing, and after due consideration of the maps and plans, reports, recommendations and other data filed with it, the county government shall determine by resolution whether or not the proposed district and facilities are satisfactory and sufficient, and if it shall determine such question in the negative, it may proceed to make a further study. The county government may make such further study and amend and revise the maps and plans and estimate of cost in conformance with its findings. If the revised maps and plans and revised estimate alter the estimated maximum expenditure for the project, alter the boundaries of the proposed district, alter the boundaries of zones of assessment or change the allocation or cost of the facilities as between zones of assessment, the county government shall call a further public hearing thereon in the manner provided in § 4604 of this title. When the county government shall find that the proposed district and facilities are adequate and appropriate, it shall further determine by resolution (1) whether all the property and property owners within the proposed district are benefited directly or indirectly thereby, (2) whether all of the property and the property owners so benefited are included within the limits of the proposed district, (3) whether it is in the public interest to establish the district, and (4) if said maps and plans and reports recommend the establishment of zones of assessment and the allocation of the cost of the facilities as between such zones of assessment, whether such zones of assessment and the allocation of the cost of the facilities thereto represent as nearly as may be the proportionate amount of benefit which the several lots and parcels of land in such zones will derive therefrom.

(b) If the county government shall determine that it is in the public interest to establish the district, but shall find that (1) any part or portion of the property or property owners within the proposed district are not benefited directly or indirectly thereby, or (2) that certain property owners benefited directly or indirectly thereby have not been included therein, or (3) if zones of assessment are proposed to be established and the cost of facilities allocated among said zones of assessment, that any part or portion of the property of property owners within a proposed zone of assessment should be placed in a different zone or that a different allocation of the cost should be made as between the zones of assessment, the board shall cause the necessary changes of the boundaries of the proposed district, or the necessary changes of the boundaries of any proposed zone of assessment or the necessary changes as to the allocation of costs, as the case may be, to be made, and the board shall call a further hearing at a definite place and time not less than 10 nor more than 30 days after such determination. Notice of such further hearing shall be published in the manner provided in § 4604 of this title, except that such notice shall also specify the manner in which it is proposed to alter the boundaries of the proposed district, or the boundaries of the zones of assessment or the allocation of the cost of the facilities as between said zones of assessment, as the case may be. If and when the board shall determine in the affirmative all of the questions set forth above, the board may adopt a resolution approving the establishment of the district, as the boundaries shall be finally determined, and the construction of the improvement, and if zones of assessment have been established and an allocation of the costs of the facilities made as between such zones of assessment, further approving the establishment of the initial zones of assessment and the initial allocation of the costs of the facilities as between said zones of assessment. Such resolution shall be subject to referendum upon petition as hereinafter provided.
9 Del. C. § 8759 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8759
§ Â
        8759. Ownerâs petition and rights after redemption.
Status: in_force

If the owner of any real estate sold under an order of sale or the owner’s legal representative redeems the real estate, he or she may prefer to the Superior Court a petition setting forth that fact and thereupon the Superior Court, after hearing and determining the facts set forth in the petition, shall cause to be entered upon the record of the judgment, under which the real estate was sold, a memorandum that the real estate described in the proceedings upon which the judgment was entered has been redeemed and thereafter the owner shall hold such redeemed real estate subject to the same liens and in the same order of priority as they existed at the time of the sale thereof, excepting so far as the liens have been discharged or reduced by the application of the proceeds by the Sheriff from the sale.
9 Del. C. § 8001 — Delaware Code / Title 9 / Chapter 80 / Section 8001
§ Â
        8001. Budget of estimated expenditures.
Status: in_force

(a) The governing body of Kent County shall, after due inquiry and investigation, prepare and adopt a budget or estimate of the amount of money which will be required by the County during the next fiscal year to discharge demands upon the County, both those which have accrued and those for which it is deemed expedient to make provision.

(b) The government of New Castle County shall prepare and adopt the budget as provided in Chapter 11 of this title.

(c) The government of Sussex County shall prepare and adopt the budget as provided for in Chapter 70 of this title.

(d) In New Castle County, the budget shall be adopted not later than June 1 in each year, in Kent County, not later than June 30 in each year, and in Sussex County, not later than July 1 in each year.
9 Del. C. § 4414 — Delaware Code / Title 9 / Chapter 44 / Section 4414
§ Â
        4414. Enforcement of construction codes; remedies.
Status: in_force

(a) The enforcement of any code or regulation adopted by the county government under the authority of this chapter shall be as prescribed by the county government by ordinance.

(b) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used, or any land is or is proposed to be used, in violation of this chapter or of any regulation or provision of any regulation or change thereof, enacted or adopted by the county government, the attorney thereof, or any owner of real estate within the district in which such building, structure or land is situated, may, in addition to other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration, maintenance or use.
9 Del. C. § 8155 — Delaware Code / Title 9 / Chapter 81 / Subchapter III / Section 8155
§ Â
        8155. Assessed valuation; lien for taxes on termination of nonprofit use or ownership.
Status: in_force

(a) The county board of assessment and the assessment boards of other political subdivisions shall each year establish the assessed value of any property for which exemption is granted pursuant to this subchapter in the same manner as other properties which are taxable are assessed.

(b) In the event that a project granted exemption under this subchapter is ever operated on a profit-making basis or conveyed to a profit-making corporation, organization or other person, or is principally devoted to any purpose other than housing for the elderly as defined in § 8152 of this title, then and in that event, a tax lien shall attach to the land and improvements previously granted tax exemption, in the amount of the taxes which would have been due and owing the county and other political subdivision for all past years, including interest and penalties, if tax exemption had not been granted.
9 Del. C. § 516 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 516
§ Â
        516. Requirements for bidding on bonds.
Status: in_force

The county government may require that each bid for the bonds be accompanied by a certified check in the amount of 10 percent of the bid. After the bonds are awarded or sold to the successful bidder or bidders therefor, the county government shall return to the unsuccessful bidder or bidders the certified check or checks submitted with the bid or bids.
9 Del. C. § 7105 — Delaware Code / Title 9 / Chapter 71 / Section 7105
§ Â
        7105. Fees.
Status: in_force

The Sussex County Council may adopt ordinances, rules, and regulations providing for the charge of reasonable fees for the administration and enforcement of the property maintenance ordinances, rules, and regulations, including fees for the inspection and re-inspection of properties for which a notice of violation has been duly issued.
9 Del. C. § 6954 — Delaware Code / Title 9 / Chapter 69 / Subchapter II / Section 6954
§ Â
        6954. Areas under this subchapter.
Status: in_force

A county shall exercise authority under this subchapter for the total unincorporated area under its jurisdiction.
9 Del. C. § 8615 — Delaware Code / Title 9 / Chapter 86 / Section 8615
§ Â
        8615. Penalties for fraudulent tax receipts.
Status: in_force

If any receiver of taxes and county treasurer or director of finance gives a receipt for an extinguished tax, or fraudulently antedates or postdates any tax receipt, or uses any other fraud in giving the same, such person shall be fined $100, and further shall forfeit and pay $100 to any person who will sue therefor. This section shall not apply with respect to New Castle County.
9 Del. C. § 2613 — Delaware Code / Title 9 / Chapter 26 / Subchapter I / Section 2613
§ Â
        2613. Notice to local school districts of residential zoning changes.
Status: in_force

With respect to any proposed residential zoning change the County Council shall notify the local school district for the area at least 7 days prior to the initial hearing upon such residential zoning change.
9 Del. C. § 3408 — Delaware Code / Title 9 / Chapter 34 / Section 3408
§ Â
        3408. Administration of funds.
Status: in_force

All amounts collected under this chapter shall be paid into a fund of New Castle County as provided under the ordinance adopted under § 3402(a) of this title and all payments for stormwater maintenance shall be paid out of this fund. Should New Castle County fail in any 1 year to collect all of the fees in the stormwater maintenance district necessary to pay the price for stormwater maintenance in any year, the county government may pay the deficit out of this fund pending enforcement of the lien. The county government may make payments out of this fund in anticipation of collection of the stormwater maintenance fee.
9 Del. C. § 4660 — Delaware Code / Title 9 / Chapter 46 / Section 4660
§ Â
        4660. Short period of limitations.
Status: in_force

The bond resolution authorizing the issuance of bonds, or any notes issued in anticipation of said bonds, may be contested only if:

(1) Such obligations are authorized for a purpose for which the County is not authorized to expend money;

(2) The provisions of law which should be complied with at the date of the publication of such resolution are not substantially complied with, and an action, suit or proceeding contesting such validity, is commenced within 20 days after the date of such publication; or

(3) Such obligations are authorized in violation of the Constitution of this State.
9 Del. C. § 4620 — Delaware Code / Title 9 / Chapter 46 / Section 4620
§ Â
        4620. Changes in zones of assessment.
Status: in_force

The county government, after holding a public hearing upon notice published in the same manner as provided in § 4604 of this title, from time to time, by resolution may:

(1) Change the allocation of the cost of such facility as between zones of assessment;

(2) Change the boundaries of zones of assessment; or

(3) Establish new zones of assessment or eliminate existing zones of assessment.
9 Del. C. § 5415 — Delaware Code / Title 9 / Chapter 54 / Section 5415
§ Â
        5415. TIF District consistency with certified comprehensive plan.
Status: in_force

The use of lands in a TIF District shall be consistent with the comprehensive plan for the area as certified pursuant to § 9103(f) of Title 29.
9 Del. C. § 4622 — Delaware Code / Title 9 / Chapter 46 / Section 4622
§ Â
        4622. Surveys and inspection by county government; penalty for refusal to permit.
Status: in_force

(a) The county government or its designated representatives may go upon any land for the purpose of making surveys for sewers, sewage systems, sewage disposal plants, pumping stations or other facilities, or for rights-of-way or other property rights required for a sewage system.

(b) The county government or its designated representatives may inspect, at reasonable hours, any premises, dwelling or other building in the vicinity of a sewer to determine if it is connected to the sewer, or to determine if the sewer connection has been made or is being maintained in accordance with the regulations of the county government.

(c) Whoever refuses to permit inspections and surveys at reasonable hours shall be fined not less than $10 nor more than $100 for every such refusal.
9 Del. C. § 8776 — Delaware Code / Title 9 / Chapter 87 / Subchapter IV / Section 8776
§ Â
        8776. Approval or disapproval of sale; redemption.
Status: in_force

No sale under this subchapter shall be approved by the Court if the owner be ready at Court to pay the taxes, penalty and costs, and no deed shall be made until the expiration of 1 year from the time of sale, within which time the owner, the owner’s heirs, executors or administrators may redeem the lands on payment to the tax collecting authority of the costs, the amount of the purchase money, and 20 percent interest thereon, and expenses of the deeds. Within 3 days from the receipt of redemption moneys as hereinbefore mentioned, the tax collecting authority shall forward the same by mail to the purchaser.
9 Del. C. § 4957 — Delaware Code / Title 9 / Chapter 49 / Subchapter II / Section 4957
§ Â
        4957. State responsibilities to local planning agencies.
Status: in_force

(a) All elements of the comprehensive plan shall be based upon data appropriate to the element involved. State agencies shall provide to each county upon request existing data or information necessary to expedite the development and preparation of the comprehensive plan and elements of this section. Surveys and studies utilized in the preparation of the comprehensive plan shall not be deemed a part of the comprehensive plan unless adopted as a part of it. Copies of such studies, surveys and supporting documents shall be made available to public inspection, and shall be made available to the public upon payment of reasonable charges for reproduction. The County shall be relieved of any requirement to comply with the data and information requirements of this subchapter when the State is unable to supply the necessary data and information to implement that requirement, except when such data and information is currently available or readily accessible to the County within budgetary limitations.

(b) The State, through the Office of State Planning Coordination, shall provide to the County, for use in the comprehensive planning process, state land use and development goals and policies, state regulatory requirements, estimates of future state financial capabilities, the State Capital Improvements Budget and Plan, State facility location plans, estimates of existing quantity of natural resources, economic development strategies and any other information which might reasonably influence the County’s future land use decisions. The State shall provide the County with long-range plans, performance standards, land development polices, facility siting criteria and infrastructure impact assessment standards (necessary to ensure the availability of public facilities and the adequacy of those facilities), so as to enable the county to prepare the plan elements required by § 4956 of this title and to clearly set forth the criteria the State will use to review such elements. The review by the Cabinet Committee on State Planning Issues shall be pursuant to § 9103 of Title 29. During preparation of the county comprehensive plan, the county and the State shall jointly establish guidelines for the location and arrangement of public facilities, such as public schools, health care facilities, public safety and correctional institutions, libraries and other public buildings. Such guidelines shall be used to coordinate between the various levels of government so as to ensure that public buildings and facilities are located in a manner which are consistent with state and county development goals.
9 Del. C. § 4156 — Delaware Code / Title 9 / Chapter 41 / Subchapter V / Section 4156
§ Â
        4156. Terms of bonds.
Status: in_force

The county government shall decide upon and determine the form and time or times of maturity of the bonds provided that no bonds shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the county government be made redeemable at such time or times before maturity, at such price or prices and under such terms and conditions as may be fixed by the county government prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this subchapter, as the county government may deem expedient.
9 Del. C. § 716 — Delaware Code / Title 9 / Chapter 7 / Subchapter II / Section 716
§ Â
        716. First election nominations.
Status: in_force

Candidates for park commissioner elected at the election to determine whether or not a park district shall be formed shall be nominated in the same manner and form as prescribed in § 718 of this title with the following exceptions:

(1) The nominating petition shall be filed with the clerk of the county government or clerk of the peace;

(2) Signatures of 200 legal voters upon the nominating petition shall be sufficient; and

(3) The nominating petition shall be filed not less than 15 days prior to the date of the election.
9 Del. C. § 1144 — Delaware Code / Title 9 / Chapter 11 / Subchapter IV / Section 1144
§ Â
        1144. Salary.
Status: in_force

The annual salary of elected officials of County Council shall be $30,000 for the president of Council and $27,500 for the other members of Council and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council, except that no increase shall be effective for any such official whose term will expire within 6 months from the time enactment of such ordinance. Such officials shall receive their actual and necessary expenses incurred in the performance of their duties of office.
9 Del. C. § 926 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 926
§ Â
        926. Finding to declare a dog potentially dangerous; duties of owner [Transferred].
Status: in_force

Transferred to § 3077F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 2905 — Delaware Code / Title 9 / Chapter 29 / Section 2905
§ Â
        2905. Fees.
Status: in_force

The County Council may adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement of the New Castle County Property Maintenance Code, including fees for the inspection and reinspection of properties for which a notice of violation has been duly issued.
9 Del. C. § 8756 — Delaware Code / Title 9 / Chapter 87 / Subchapter III / Section 8756
§ Â
        8756. Procedure upon failure of bonded defendant to pay judgment.
Status: in_force

In every case in which the defendant has given to the plaintiff a bond in the manner provided for in this subchapter and judgment has been entered against the defendant, if the defendant fails to pay to the plaintiff the judgment with interest and costs within 20 days from the entry thereof, the plaintiff shall upon the expiration of the 20 days forthwith institute an action of debt upon the bond in some court of competent jurisdiction and promptly prosecute the same and upon the recovery of judgment therein forthwith proceed to the collection thereof by execution process or otherwise.
9 Del. C. § 501 — Delaware Code / Title 9 / Chapter 5 / Subchapter I / Section 501
§ Â
        501. Definitions.
Status: in_force

As used in this subchapter:

(1) “Clerk of the peace” means the clerk of the peace of the county in which the suburban community is situated.

(2) All references to the “county engineer” shall be construed to mean the General Manager of the Department of Special Services insofar as New Castle County is concerned.

(3) a. “County government” means the county governing body of each county.

b. Whenever the words “county government” are used in this chapter, the words “County Council” shall be substituted regarding New Castle County.

(4) All references to “receiver of taxes” and “county treasurer” and “board of assessment” shall be construed to mean the “department of finance” insofar as Sussex County is concerned and “Office of Finance” insofar as New Castle County is concerned.

(5) a. “Suburban community” means any unincorporated community within this State:

1. Containing at least 5 separate and distinct property owners; provided, that each parcel of land, condominium or other individually owned unit of a multiunit building shall be deemed to have no more than 1 owner for the purposes of this subchapter;

2. In the case of individually owned parcels of land whose streets aggregate a minimum of 500 linear feet of road surface or in the case of condominium or other type of individually owned units of multiunit buildings whose streets aggregate a minimum of 300 feet of road surfacing; and

3. Which, in the opinion of the county government and the State Department of Transportation, is so situated as to form a unit which is reasonably and economically capable of being improved by the laying, repairing or completion of streets, signs, sidewalks and installation of surface drainage and storm sewers.

b. In addition to the foregoing such unincorporated community within this State must:

1. Be located on a highway which is part of the state highway system or will be connected to the state highway system when the projects provided for in this subchapter are complete and which street shall be either maintained by the State upon completion pursuant to the requirements of Title 17 and the rules, regulations or standards adopted pursuant thereto; or

2. Shall be built pursuant to county rules and regulations requiring design and building standards and a means or mechanism to provide for the perpetual maintenance of such suburban community streets as provided herein.
9 Del. C. § 8775 — Delaware Code / Title 9 / Chapter 87 / Subchapter IV / Section 8775
§ Â
        8775. Death of purchaser at tax sale.
Status: in_force

In the event of the death of the purchaser before the deed shall have been made and delivered, the person or persons having right under the purchaser by descent, devise, assignment, or otherwise, may prefer to the Superior Court for Kent or Sussex County, as the case may be, at any term thereof, a petition representing the facts, and praying for an order authorizing and requiring the tax collecting authority, who would otherwise execute the deed, to execute and acknowledge a deed conveying to the petitioner or petitioners the premises so sold. Thereupon the Court may make such order touching the conveyance of the premises as shall be according to justice and equity.
9 Del. C. § 338 — Delaware Code / Title 9 / Chapter 3 / Subchapter II / Section 338
§ Â
        338. Adjournment.
Status: in_force

Any governing body may adjourn from time to time as occasion shall require. If only 1 elected official attends at the time fixed for a meeting of the governing body, that elected official may adjourn the governing body. If no elected official attends, the clerk of the peace may adjourn the governing body.
9 Del. C. § 3307 — Delaware Code / Title 9 / Chapter 33 / Section 3307
§ Â
        3307. Adoption of ordinance to implement authority.
Status: in_force

(a) In order to implement the authority conferred upon it by this section to issue bonds, the county council shall adopt an ordinance that:

(1) Specifies and describes the proposed undertaking and states that it has complied with § 3305 of this title;

(2) Specifies the maximum principal amount of bonds to be issued;

(3) Specifies the maximum rate or rates of interest for the bonds; and

(4) Agrees to a covenant to levy upon all real property within the special development district, ad valorem taxes or special taxes in rate and amount at least sufficient in each year in which any of the bonds are outstanding to provide for the payment of the principal of, premium, if any, and the interest on the bonds.

(b) The ordinance may specify or may authorize its chief financial officer or its county executive to specify any of the following as it deems appropriate to effect the financing of the proposed undertaking;

(1) The actual principal amount of the bonds to be issued;

(2) The actual rate or rates of interest for the bonds;

(3) The manner in which and the terms upon which the bonds are to be sold;

(4) The manner in which and the times and places that the interest on the bonds is to be paid;

(5) The time or times that the bonds may be executed, issued and delivered;

(6) The form and tenor of the bonds and the denominations in which the bonds may be issued;

(7) The manner in which and the times and places that the principal of the bonds is to be paid, within the limitations set forth in this section;

(8) Provisions pursuant to which any or all of the bonds may be called for redemption prior to their stated maturity dates; or

(9) Any other provisions not inconsistent with this section as shall be determined by county council to be necessary or desirable to effect the financing of the proposed undertaking.

(c) An ordinance authorizing the bonds provided for under this chapter, an ordinance, resolution, or executive order passed or adopted in furtherance of the required ordinance, the bonds, the designation of a special development district, or the levy of a special ad valorem tax or special tax may not be subject to any referendum by reason of any other state or local law.

(d) The ordinance authorizing the bonds required under this subsection, any ordinance, resolution, or executive order passed or adopted in furtherance of the required ordinance, the bonds, the designation of a special development district, or the levy of a special ad valorem tax or special tax shall be subject to the request of the landowners as specified under § 3303(a) of this title.
9 Del. C. § 4527 — Delaware Code / Title 9 / Chapter 45 / Subchapter II / Section 4527
§ Â
        4527. Sales subject to approval of department of finance or chief county financial officer.
Status: in_force

The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove the final bid at a sale made by the sheriff under this subchapter provided that the notice of the public sale includes that such sale is “subject to the approval of the department of finance or the chief county financial officer” in the terms of sale. In the event the department of finance or the chief county financial officer does not approve the final bid at such sale, the said department of finance or chief county financial officer may expose the property to another and as many succeeding sales as it chooses.
9 Del. C. § 4135 — Delaware Code / Title 9 / Chapter 41 / Subchapter III / Section 4135
§ Â
        4135. Cities and towns; aid for maintenance of public dumping areas.
Status: in_force

The county government may negotiate with the proper authorities of the various cities and towns, and with private individuals or contractors within the County as to the establishment of public dumping areas open to the use of the general public, and further the county government may expend a sum not to exceed $75,000 as cost to the County in the purchase of land for said disposal or in the various contracts with the towns, cities and private individuals or contractors. The county government may tax the general public of Kent County annually to defray the cost and expenses of the public dumping areas.
9 Del. C. § 559 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 559
§ Â
        559. Persons qualified to vote.
Status: in_force

(a) The voting list theretofore prepared by the clerk of the peace shall be evidence of the right of a person to vote and the number of votes to which each freeholder is entitled, except as hereinafter provided.

(b) Any freeholder who has sold his or her property or properties in the community prior to the date of the election shall not be permitted to vote but the then-owner of the property or properties shall be entitled to vote in his or her place and stead upon furnishing the judge of election with the original or a certified copy of the deed to the property or properties, which deed shall clearly evidence that it was duly recorded.

(c) Any person claiming the right to vote at the election as an heir of any freeholder in the community who has died since the preparation of the voting list, or as trustee or guardian under the terms of the last will and testament of any such freeholder (who has died in the community since the preparation of the voting list) shall furnish the judge of election with the original or a certified copy of the will or other document evidencing that person’s ownership of, or interest in, the property of any such freeholder, and shall thereupon be entitled to vote in the place and stead of such deceased freeholder.

(d) Wherever the property of such deceased freeholder in the suburban community is left to joint tenants or tenants in common, the following rules shall prevail:

(1) The vote of any 1 joint tenant or tenant in common shall be received where no other such tenant appears claiming the right to vote;

(2) Where 1 joint tenant or tenant in common votes in opposition to another, the vote shall be cancelled;

(3) A majority of the votes of any such joint tenants or tenants in common shall determine the manner in which the vote shall be cast;

(4) The vote of any life tenants shall be accepted over the person having a reversionary interest in the property in the suburban community.
9 Del. C. § 1405 — Delaware Code / Title 9 / Chapter 14 / Section 1405
§ Â
        1405. Reports of the County Auditor; audit follow up.
Status: in_force

(a) Copies of the reports concerning each audit or examination shall immediately upon preparation thereof be filed with the Audit Committee, the County Executive, the Chief Administrative Officer, the Chief Financial Officer and the Clerk of County Council, except as set forth in subsection (b) of this section below.

(b) If during an audit the County Auditor shall at any time discover an unauthorized, illegal, irregular, or unsound financial practice that could affect the governmental entity, the County Auditor shall report the financial irregularities to the County Council, the County Executive, the Chief Administrative Officer, and the Audit Committee. If a member of Council, the County Executive, or the Chief Administrative Officer is believed to be a party to an unauthorized, illegal, irregular, or unsound financial practice, the County Auditor shall report the acts directly to the Audit Committee or the head of the branch of government unaffected by the report if a member of the Audit Committee is believed to be a party to the suspected irregularity. If it appears that the act is criminal in nature, the County Auditor shall immediately notify the County Attorney in addition to those previously cited; if an ethics code violation is suspected, the County Auditor shall immediately notify the Ethics Commission.

(c) The County Auditor, after consultation with the Audit Committee, shall from time to time make such recommendations as the County Auditor shall deem appropriate to any office, department or board for improvement in the management of the financial affairs of the County. Copies of such recommendations shall be filed with the County Executive and the County Council.

(d) The County Auditor shall follow-up on audit recommendations as possible to determine whether corrective measures have been implemented and may request period status reports regarding actions taken to address deficiencies and recommendations. Such will be reviewed by the Audit Committee for report to Council and the County Executive.
9 Del. C. § 4910 — Delaware Code / Title 9 / Chapter 49 / Subchapter I / Section 4910
§ Â
        4910. Adoption by county government of zoning plan and regulations; public hearing and notice; consultative hearings; resubmission to Commission.
Status: in_force

(a) After receiving the certification of a zoning plan from the Zoning Commission and before the adoption of any zoning regulations, the county government shall hold a public hearing thereon, the time and place of which at least 30 days notice shall be given by 1 publication in a newspaper of general circulation in the County. Such notice shall state the place at which the text and maps as certified by the Zoning Commission may be examined.

(b) The county government may conduct consultative hearings to aid it in determining the desirability of contemplated or recommended regulations.

(c) No change in or departure from text or maps, as certified by the Zoning Commission, shall be made unless such change or departure shall first be submitted to the Zoning Commission for its approval or disapproval or suggestions. The Zoning Commission shall have 45 days from and after such submission within which to send its report to the county government, but the county government shall not be bound by the report.
9 Del. C. § 6917 — Delaware Code / Title 9 / Chapter 69 / Subchapter I / Section 6917
§ Â
        6917. Appeals to the Board of Adjustment â Powers upon appeals.
Status: in_force

Upon appeals, the Board of Adjustment shall have the power to:

(1) Hear and decide appeals where it is alleged by the appellant that there is error in any order, requirement, decision or refusal made by an administrative official or agency based on or made in the enforcement of the zoning regulations;

(2) Hear and decide, in accordance with the provisions of any zoning regulation, requests for special exceptions or for interpretation of the map or for decisions upon other special questions upon which the Board is authorized by any zoning regulation to pass;

(3) Hear and decide requests for variances. The Board may grant a variance in the application of the provisions of the zoning ordinance or code only if all of the following findings are made:

a. That there are unique physical circumstances or conditions, including irregularity, narrowness, or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the particular property, and that the unnecessary hardship or exceptional practical difficulty is due to such conditions, and not to circumstances or conditions generally created by the provisions of the zoning ordinance or code in the neighborhood or district in which the property is located;

b. That because of such physical circumstances or conditions, there is no possibility that the property can be developed in strict conformity with the provisions of the zoning ordinance or code and that the authorization of a variance is therefore necessary to enable the reasonable use of the property;

c. That such unnecessary hardship or exceptional practical difficulty has not been created by the appellant;

d. That the variance, if authorized, will not alter the essential character of the neighborhood or district in which the property is located, nor substantially or permanently impair the appropriate use or development of adjacent property, nor be detrimental to the public welfare; and

e. That the variance, if authorized, will represent the minimum variance that will afford relief and will represent the least modification possible of the regulation in issue.

In granting any variance, the Board may attach such reasonable conditions and safeguards as it may deem necessary to implement the purposes of this chapter and the zoning ordinance or code. The Board is empowered in no case, however, to grant a variance in the use of land or structures thereon.
9 Del. C. § 9620 — Delaware Code / Title 9 / Chapter 96 / Section 9620
§ Â
        9620. Neglect or refusal to pay fees; penalty.
Status: in_force

Whoever neglects or refuses to pay the fees provided for in §§ 9617 and 9619 of this title, for any service performed, within 10 days after written demand from the recorder to whom such fees are due, shall be fined $10 besides costs of suit.
9 Del. C. § 1121 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1121
§ Â
        1121. Powers and duties of Chief Administrative Officer.
Status: in_force

(a) The Chief Administrative Officer shall assist the County Executive with duties and responsibilities and, subject to the policies and directives of the County Executive, shall have general supervision over the executive, administrative and operational departments of the County.

(b) The Chief Administrative Officer, on behalf of the County Executive, shall prepare the annual operating budget, capital program, and capital budget as provided by this chapter. The Chief Administrative Officer shall supervise the execution of the budgets and prepare reports and information concerning the status of the financial and other affairs of the County which will keep the County Executive, County Council and the public informed as to all offices, departments, and agencies receiving appropriations from the County Treasury.
9 Del. C. § 673 — Delaware Code / Title 9 / Chapter 6 / Subchapter V / Section 673
§ Â
        673. Supervision by commission; duty to maintain; payment procedures; fences between parks and railroads.
Status: in_force

(a) After the awarding of the contracts, all work performed under this chapter shall be under the direct supervision and direction of the commission.

(b) The commission shall be responsible for the maintenance of such parks and recreation areas and shall submit approved bills for such maintenance to the county government for payment.

(c) The bills for recreation and recreational promotion including salaries and equipment shall be approved by the commission and submitted to the county government for payment.

(d) The commission may place fences or barriers not less than 4 feet in height between all developed parks and active railroad tracks, the cost of which shall be shared equally between the county and the State.
9 Del. C. § 2401 — Delaware Code / Title 9 / Chapter 24 / Section 2401
§ Â
        2401. Acquisition of land generally; construction and operation of incineration or garbage disposal plant.
Status: in_force

The County Council may acquire land or any interest therein at any place within the County that it deems advisable and may construct and operate upon the land so acquired an incineration or garbage disposal plant or plants. The County Council may enter into contracts and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing and equipping of an incineration or garbage disposal plant or plants and may require from such persons, firms or corporations proper security for the faithful performance of the work to be done. The County Council may engage the services of competent architects and engineers in connection with the construction of the plant or plants and shall award any contract to the lowest responsible bidder with the right to reject any and all bids.
9 Del. C. § 6712 — Delaware Code / Title 9 / Chapter 67 / Section 6712
§ Â
        6712. Sewer and water lien docket.
Status: in_force

The Prothonotary shall, under the supervision and direction of the county government, prepare a docket to be known as “The Sussex County Sewer and Water Lien Docket” in which shall be recorded the liens for service charges. The Docket shall be prepared at the expense of the county government in substantially the same form as the judgment docket for Sussex County, and contain in the back thereof an index according to the name of the owner against which such lien has been assessed. No sewer lien shall be valid unless duly recorded as provided in this section. All sewer liens duly recorded in the Docket shall continue in full force and effect until the liens have been satisfied by payment, and when such liens are satisfied by payment the Prothonotary, acting under the supervision and direction of the county government, shall satisfy the record by entering thereon the date of final payment and the words “satisfied in full.” The Prothonotary, for the use of the county government, shall receive a fee of 50 cents for each satisfaction so entered.
9 Del. C. § 8730 — Delaware Code / Title 9 / Chapter 87 / Subchapter II / Section 8730
§ Â
        8730. Petition by owner after redemption for entry on judgment record.
Status: in_force

If the owner of any real estate sold under an order of sale or the owner’s legal representative redeems the real estate, he or she may present to the Superior Court a petition setting forth that fact and thereupon the Superior Court, after hearing and determining the facts set forth in the petition, shall have power to cause to be entered upon the record of the judgment, under which the real estate was sold, a memorandum that the real estate described in the proceedings upon which the judgment was entered has been redeemed. Thereafter the owner shall hold such redeemed real estate subject to the same liens and in the same order of priority as they existed at the time of the sale thereof, excepting so far as the liens have been discharged or reduced by the application of the proceeds by the sheriff from the sale.
9 Del. C. § 1352 — Delaware Code / Title 9 / Chapter 13 / Subchapter IV / Section 1352
§ Â
        1352. Department of Community Services Board.
Status: in_force

The Department of Community Services Board shall consist of 9 members. County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall serve at the pleasure of the County Executive.

The Board shall advise the general manager of the Department of Community Services on issues relating to the functions of the Department.

Subcommittees that are directly related to functions of the Department may be established.

Board members shall be persons of recognized character and ability who meet the qualifications of the Department.

Five members of the Board constitute a quorum. A quorum is necessary for any action or recommendation of the Board.

The Library Advisory Board shall serve as a subcommittee to the Department of Community Services Board. Two members of the Library Advisory Board shall be appointed to the Department of Community Services Board. The chairperson of the Library Advisory Board shall recommend 2 sitting members of the Board for consideration by the County Council for County Council appointments to the Department of Community Services Board.
9 Del. C. § 3406 — Delaware Code / Title 9 / Chapter 34 / Section 3406
§ Â
        3406. Award of contracts.
Status: in_force

Either county government or the New Castle Conservation District may enter into contracts for maintenance of stormwater infrastructure that cannot be completed by existing staff. All contracts entered under this section must follow applicable state and local laws and policies.
9 Del. C. § 4157 — Delaware Code / Title 9 / Chapter 41 / Subchapter V / Section 4157
§ Â
        4157. Execution and record of bonds.
Status: in_force

The bonds shall be prepared under the supervision of the county government and shall be signed by the Receiver of Taxes and County Treasurer, the President of the county government and the clerk of the peace, and shall be under the seal used by the county government. Such officers shall execute the bonds when directed by the county government to do so. The Receiver of Taxes and County Treasurer and the county government shall keep a record of the bonds.
9 Del. C. § 6503 — Delaware Code / Title 9 / Chapter 65 / Section 6503
§ Â
        6503. Establishment of sanitary or water district upon petition of voters.
Status: in_force

Fifty or more legal voters of a proposed sanitary sewer or water district, may petition the county government to submit the question of organizing a sanitary sewer or water district to a vote of electors in that district. The petition shall contain a description of the proposed district and shall be accompanied by a map drawn to scale showing the boundaries of the proposed district together with the limits of any incorporated areas which may be included in the district. The execution of the petition by an elector shall be acknowledged by that elector or it may be proved by the oath of a witness who shall swear that the witness knows the elector and that the petition was signed by the elector in the presence of the witness.
9 Del. C. § 760 — Delaware Code / Title 9 / Chapter 7 / Subchapter V / Section 760
§ Â
        760. Bonds; limitation.
Status: in_force

For the payment of land purchased for parks or boulevards, for the building, maintaining, improving and protecting of the same and for the payment of the expenses incident thereto, or for the acquisition of real estate and lands to be used as a site for recreation centers, any park district is authorized to issue the bonds of such park district and pledge its property and credit therefor to an amount including existing indebtedness of such district so that the aggregate indebtedness of such district shall not exceed 21/2 percent of the value of the taxable property therein, to be ascertained by the last assessment for county taxes previous to the issue from time to time of such bonds.
9 Del. C. § 8325 — Delaware Code / Title 9 / Chapter 83 / Subchapter I / Section 8325
§ Â
        8325. Report of those liable for capitation tax.
Status: in_force

Each Department or Office of Finance shall ascertain and report to the county government the number of persons liable to capitation tax when the report of the total valuation and assessment is made.
9 Del. C. § 1319 — Delaware Code / Title 9 / Chapter 13 / Subchapter I / Section 1319
§ Â
        1319. Appointment and duties of additional Board members and referees.
Status: in_force

Transferred to § 1371C of this title by 84 Del. Laws, c. 412, § 4, effective Sept. 19, 2024.
9 Del. C. § 6814 — Delaware Code / Title 9 / Chapter 68 / Section 6814
§ Â
        6814. Cooperation with other agencies.
Status: in_force

(a) Upon the request of the county government, the Commission shall, or upon the request of the Department of Transportation, the Department of Health and Social Services, the Division of Environmental Control, or any other state, county, or municipal agency, board, department, commission or authority, the Commission may, upon such terms as may mutually be agreed upon, prepare plans and supply information relating to any of the matters set forth in this chapter.

(b) In exercising the powers conferred by this chapter, the Commission is empowered to act in conjunction and cooperation with representatives, agencies, or officers of the United States government, this State, any other state, or any county, city or town within or without this State.
9 Del. C. § 8002 — Delaware Code / Title 9 / Chapter 80 / Section 8002
§ Â
        8002. Tax rate [For application of this section, see 85 Del. Laws, c. 132, Â 5].
Status: in_force

(a) After the budget has been adopted, the respective county governing bodies shall fix their county tax rates based upon the most recent assessment made by the county governing bodies as follows:

(1) The county tax rate shall be stated in terms of a certain rate on every $100 of assessed evaluation.

(2) Subject to the limitations of subsection (b) of this section, the county tax rate shall be such as will produce sufficient tax revenues to meet the budget requirement of the county for all purposes other than those that are not to be paid for out of the general county tax revenues.

(3) The county tax rate shall not include special assessments, tax specially levied to pay principal of and interest on bonds, or taxes levied for the benefit of local districts established in accordance with statutes authorizing such special taxation.

(4) a. A county governing body may adopt different tax rates for real property based on different real property classifications adopted by the county governing body.

b. Tax rates established under paragraph (a)(4)a. of this section must be uniform for all real property in the same classification, as required under § 1 of Article VIII of the Delaware Constitution.

(5) For purposes of this chapter, “county tax rate” means a single tax rate adopted for all classes of real property or a tax rate adopted under paragraph (a)(4) of this section.

(b) The county tax rate for Kent County shall not exceed the sum of $0.50 on each $100 of assessed evaluation.

(c) When any total reassessment of taxable properties within a county of this State shall have become effective, the county tax rate levied for the immediately ensuing fiscal year shall not be such as to yield county property tax revenues greater than 15 percent in excess of the total of the county property taxes imposed for the fiscal year immediately preceding the fiscal year in which such reassessment shall have become effective. Any initial assessment made on new construction shall not be taken into account in determining such limitation.

(d) When any total reassessment of taxable properties within a county of this State shall have become effective, a county tax rate shall be computed so as to provide the same tax revenue as was levied during the prior fiscal year. That rate shall be known as the “rolled-back rate.”

(e) The ordinance establishing a property tax rate upon total reassessment shall state the percent, if any, by which the county tax rate to be levied exceeds the rolled-back rate computed pursuant to subsection (d) of this section, which shall be characterized as the percentage increase in property taxes adopted by the governing body. Within 15 days of the meeting at which the ordinance shall be considered by the governing body, the county shall advertise, in a newspaper of general circulation in the county, said percentage increase in the county tax rate.
9 Del. C. § 8425 — Delaware Code / Title 9 / Chapter 84 / Subchapter II / Section 8425
§ Â
        8425. Certificate before final settlement.
Status: in_force

(a) Before making final settlement with the receiver of taxes and county treasurer or director of finance, the county government of each county shall require such officer to make oath or affirmation that the list of uncollected taxes made out and returned by him or her is true in all its statements to the best of his or her knowledge and belief, and that no tax has been collected from any person so returned by him or her.

(b) The oath may be administered by the clerk of the county government or by any member thereof. Any receiver of taxes and county treasurer or director of finance, who swears falsely as to any matter to which he or she may be required to make oath by this section, shall be punished as the law directs for false swearing.
9 Del. C. § 8354 — Delaware Code / Title 9 / Chapter 83 / Subchapter II / Section 8354
§ Â
        8354. Park operators to maintain lease records; annual report.
Status: in_force

Mobile home park operators who lease land to 2 or more persons for parking mobile homes shall maintain a lease record which shall be open for inspection at all times by the county tax assessors. Before April 2 of each year, each such mobile home park operator shall report to the board of assessment in the county in which the operator’s park is located the names and addresses of all persons having mobile homes on the operator’s land.
9 Del. C. § 2302 — Delaware Code / Title 9 / Chapter 23 / Section 2302
§ Â
        2302. Establishment or revision of sanitary sewer districts without election; consolidation of districts.
Status: in_force

(a) Where the County Council has already constructed sewers to which 50 or more houses have been connected, the County Council may establish, upon request of the Department of Public Works, a new district or revise the boundaries of an established district without further petitions or hearings by posting at 4 public places in the district notices describing the new or revised boundaries, and, in the case of the establishment of a new district, the same cost and assessment data required for districts established by vote of electors.

(b) Within 30 days after the posting of the notices of the establishment of the district in accordance with the provisions of subsection (a) of this section, the County Council shall pass a formal resolution establishing the district, which shall:

(1) Contain a description of the boundaries of the district;

(2) Direct the Department of Public Works and the attorney of the County Council to procure the necessary land and rights-of-way by purchase, agreement, or condemnation in accordance with existing statutes; and

(3) Authorize the Department of Public Works to prepare maps, plans, specifications, and estimates, let contracts for and supervise the construction and maintenance of, or enlarging and remodeling of, any or all structures required to provide for the safe disposal of the sewage in the sanitary district.

(c) The County Council may consolidate any existing sanitary sewer districts or establish a countywide district following a public hearing. The hearing shall be at such time as may be fixed by the County Council and advertised at least 2 weeks in advance by publishing a notice in a newspaper within the county having a general circulation, once in each of the 2 weeks immediately preceding the week in which the hearing is to be held. All interested persons in any way affected by the proposed consolidation shall be heard. After the public hearing is closed, the County Council shall, by ordinance, determine whether or not it is in the public interest to establish the consolidated district. The ordinance shall specify the boundaries of the consolidated district. The County Council may change or amend the rate of levy as it deems necessary and just.
9 Del. C. § 4704 — Delaware Code / Title 9 / Chapter 47 / Subchapter I / Section 4704
§ Â
        4704. Power to borrow money and issue bonds.
Status: in_force

The county government may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of acquiring land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such a plant or plants in the County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest, not exceeding 3 percent per annum, and in such form as the county government shall deem expedient. The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.
9 Del. C. § 4646 — Delaware Code / Title 9 / Chapter 46 / Section 4646
§ Â
        4646. Form of notes.
Status: in_force

Notes may be issued in fully registered form; or notes may be issued in form payable to bearer, with interest payable to bearer on presentation for endorsement, and, if so issued, shall be subject to full registration. Interest on notes issued in registered form and interest on bearer notes which have been registered shall be payable to the registered holder.
9 Del. C. § 918 — Delaware Code / Title 9 / Chapter 9 / Subchapter I / Section 918
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        918. Rules and regulations [Transferred].
Status: in_force

Transferred to § 3058F of Title 16 by 80 Del. Laws, c. 248, § 5, effective May 25, 2016.
9 Del. C. § 1119 — Delaware Code / Title 9 / Chapter 11 / Subchapter II / Section 1119
§ Â
        1119. Communications between County Executive and County Council.
Status: in_force

The County Executive, orally or in writing, may present messages, information, and recommendations to the County Council.
9 Del. C. § 761 — Delaware Code / Title 9 / Chapter 7 / Subchapter V / Section 761
§ Â
        761. Issuance of bonds; use authorized.
Status: in_force

The issue of bonds by any park district shall be authorized by ordinance, and a copy of the same properly certified by the secretary shall be filed with the department of finance or receiver of taxes and county treasurer.
9 Del. C. § 922 — Delaware Code / Title 9 / Chapter 9 / Subchapter II / Section 922
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        922. Seizure and impoundment of dangerous or potentially dangerous dogs; notification of dog owner; request for hearing [Transferred].
Status: in_force

Transferred to § 3073F of Title 16 by 80 Del. Laws, c. 248, § 6, effective May 25, 2016.
9 Del. C. § 567 — Delaware Code / Title 9 / Chapter 5 / Subchapter II / Section 567
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        567. Contracts for improvements; procedure for awarding; terms.
Status: in_force

Immediately upon consummation of the sale of the bond issue, the county government shall proceed to enter into a contract or contracts for the required improvements with the owner or operator of the local water distribution system chosen to install the improvements or the owner’s or operator’s agents. Such contract or contracts shall contain the provisions required by § 569 of this title and shall be substantially in accordance with the proposal or suggested contracts originally submitted by the petitioners in accordance with § 553 of this title. The contract or contracts need not be let upon a competitive bid basis. The county government may, in its discretion, request a statement of financial condition, or such other evidence of financial responsibility as it shall deem appropriate, from the owner or operator of said local water distribution system or the owner’s or operator’s agents.