reglab/housing_qa huggingface dataset:
10 DE Code § 7107. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7107. Affirmative defenses.

§ 7107. Affirmative defenses. It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State's intent to bring a criminal nuisance abatement action regarding the premises. Examples of actions that are indicia of attempts to abate alleged criminal nuisances include but are not limited to:  (1) Sending or delivering a notice pursuant to § 5513 of Title 25 that the conduct of the tenant, or their guests or invitees, breaches a rule or covenant that is material to the rental agreement; (2) Sending or delivering a termination notice pursuant to § 5513(a) or (b) of Title 25; (3) Filing an action for summary possession of the rental unit; (4) Seeking police intervention to have those responsible for the action prosecuted and actively assisting the police in efforts to prosecute those responsible for the actions or activities being complained of by the complainants.72 Del. Laws, c. 484, §  1;  70 Del. Laws, c. 186, §  1;  76 Del. Laws, c. 158, §  9;  78 Del. Laws, c. 161, §  13;
10 DE Code § 7108. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7108. Notice to interested parties.

§ 7108. Notice to interested parties. (a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is an owner or landlord, notice shall also be served by leaving a copy of the complaint at the landlord's address as set forth in the lease or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ of the owner or landlord whose responsibility it is to accept such notice. If the owner or landlord is an artificial entity pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process. Where the in personam defendant is a tenant, notice shall also be served by leaving a copy of the complaint at the person's rental unit or usual place of abode with an adult person residing therein. After filing an affidavit that personal service cannot be had after due diligence on 1 or more in personam defendants, within 20 days after the filing of the complaint, the plaintiff may serve a copy of the complaint by registered or certified mail or first class mail as evidenced by a certificate of mailing postage-prepaid, addressed to the owner or landlord at the owner or landlord's business address as set forth in the lease or as otherwise provided by the owner or landlord, or if the owner or landlord is an artificial entity, pursuant to Supreme Court Rule 57, at its office or place of business, or if the defendant is a tenant, to said tenant at the leased premises. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or the certificate of mailing if sent by first class mail, shall be held and considered to be prima facie evidence of the service of the notice or process. The plaintiff shall also cause a copy of the complaint to be affixed conspicuously to the premises alleged to be the site of a nuisance. Service shall be deemed completed 5 days after filing with the court proof of such mailing and an affidavit that a copy of the complaint has been affixed to the premises. (b) All tenants or residents of any premises which is used in whole or in part as a business, home, residence or dwelling, other than transient guests of a guest house, hotel, or motel, who may be affected by any order issued pursuant to this chapter shall be provided such reasonable notice as shall be ordered by the court and shall be afforded opportunity to be heard at all hearings. 72 Del. Laws, c. 484, §  1;
10 DE Code § 7110. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7110. Delay and dismissal of actions.

§ 7110. Delay and dismissal of actions. (a) All actions brought pursuant to this chapter shall be heard by the Court on an expedited and priority basis. The Court shall not grant a continuance except for compelling and extraordinary reasons, or upon the application of the Attorney General for good cause shown. (b) The Court shall not stay the civil proceedings pending the disposition of any related criminal proceeding except for compelling and extraordinary reasons or except upon the application of the Attorney General for good cause shown. (c) The Court shall not dismiss an action brought pursuant to this chapter for want of prosecution unless the Court is clearly convinced that the interests of justice require such dismissal. In that event and upon such a finding, the dismissal shall be without prejudice to the right of the plaintiff to re-institute the action. 72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  15;
10 DE Code § 7112. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7112. Enforcing ex parte and temporary abatement orders.

§ 7112. Enforcing ex parte and temporary abatement orders. (a) Upon order of the Court, ex parte closing orders and temporary abatement orders shall be enforced by the appropriate police agency having jurisdiction over the area where the premises are located. (b) The officers serving an ex parte closing order or a temporary abatement order shall file with the Court an inventory of the personal property situated in or on the premises closed and shall be allowed to enter the premises to make the inventory. The inventory shall provide an accurate representation of the personal property subject to such inventory including, but not limited to, photographing of furniture, fixtures and other personal or movable property. (c) The officers serving an ex parte closing order shall, upon service of the order, demand all persons present in the premises closed, to vacate such premises or portion thereof forthwith unless the Court orders otherwise. The premises or portion thereof shall be securely locked and all keys shall be held by the agency closing the premises. (d) Upon service of an ex parte closing order or a temporary abatement order, the officer shall post a copy thereof in a conspicuous place or upon 1 or more of the principal doors at entrances of the premises. In addition, where an ex parte closing order has been granted, the officers shall affix, in a conspicuous place or upon 1 or more of the principal entrances of such premises, a printed notice that the entire premises or portion thereof have been closed by court order, which notice shall contain a legend “Closed by Court Order” in block lettering of sufficient size to be observed by anyone intending or likely to enter the premises. The printed notice shall also include the date of the order, the Court which issued the order and the name of the office or agency posting the notice. In addition, where a temporary abatement order has been granted, the officer shall affix, in the same manner, a notice similar to the notice provided for in relation to an ex parte closing order except that the notice shall state that certain activity is prohibited by court order and that removal of furniture, fixtures or other personal or movable property is prohibited by court order. (e) Any person who knowingly or purposely violates any ex parte closing order or temporary abatement order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt pursuant to §§ 1271-1272 of Title 11 and § 7129 of this title. 72 Del. Laws, c. 484, §  1;
10 DE Code § 7114. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.

§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions. (a) In case the existence of facts, circumstances and/or conditions that would constitute any criminal nuisance is established in a criminal proceeding in any court of competent jurisdiction, the Attorney General shall proceed promptly to enforce the provisions and penalties of this chapter, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set aside, shall be conclusive as against such defendant as to the existence of the criminal nuisance. (b) All moneys collected under this chapter, including but not limited to proceeds of the sale of personal property, as provided in § 7113 of this title, shall first be applied in payment of the costs of the action and abatement and then in payment of reasonable attorney fees. In the event the action is brought by the Attorney General, all moneys collected in excess of costs and reasonable attorney fees shall be paid to the Special Law Enforcement Assistance Fund, as established in §§ 4110-4116 of Title 11. In actions brought under this chapter by a county or municipality, all moneys collected in excess of costs and reasonable counsel fees shall be paid to said county or municipality. In all actions brought under this chapter by a person or persons other than noted above, all moneys collected in excess of costs, reasonable attorney fees and damage awards shall be paid to the Special Law Enforcement Assistance Fund. 30 Del. Laws, c. 234, §  7;  Code 1935, §  5278;  10 Del. C. 1953, §  7108;  72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  18;
10 DE Code § 7115. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7115. Lease void if building used for criminal nuisance.

§ 7115. Lease void if building used for criminal nuisance. Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such place for a criminal nuisance-related purpose, such use makes void the lease or other title under which the tenant or occupant holds, at the option of the owner, and, without any act of the owner, causes the right of possession to revert to vest in such owner. 59 Del. Laws, c. 257, §  1;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  19, 20;
10 DE Code § 7118. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7118. Notification and provision of treatment resources.

§ 7118. Notification and provision of treatment resources. (a) The officers serving a closing order involving a criminal nuisance as defined in § 7103(5)(a) of this title shall provide outreach information and referral materials to all residents present on how to obtain alcohol and other drug treatment. (b) In any case in which the Court orders the removal of any person from any dwelling pursuant to this chapter, the Court shall cause notice to be provided to the local alcohol and drug agency, the Division of Family Services, and other appropriate social services agencies. (c) A 1-page summary of such information and materials shall be posted next to any ex parte closing order or temporary abatement order posted in accordance with § 7112 of this title. (d) The State Division of Substance Abuse and Mental Health or its designee shall prepare all materials described in subsections (a) and (b) of this section, and shall disseminate them to all which are empowered to enforce closing orders under this chapter. 72 Del. Laws, c. 484, §  1;  73 Del. Laws, c. 41, §  1;  78 Del. Laws, c. 161, §  23;
10 DE Code § 7119. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7119. Premises involving multiple residences or businesses.

§ 7119. Premises involving multiple residences or businesses. (a) Where the premises constituting the criminal nuisance includes multiple residences, dwellings or business establishments, a temporary or permanent closing order issued pursuant to any provision of this chapter shall, so far as is practicable, be limited to that portion of the entire premises necessary to abate the criminal nuisance and prevent its recurrence. (b) In addition to any other relief expressly authorized by this chapter, the Court may order a defendant who actually knew or, based on information provided to said defendant, had reason to know of, the criminal nuisance, to provide relocation assistance to any tenant ordered to vacate a premises pursuant to this chapter, provided that the Court determines that such tenant was not involved in the criminal nuisance or any criminal nuisance constituting the criminal nuisance and did not knowingly aid in the commission of any such criminal nuisance. Relocation assistance shall be in the amount necessary to cover moving costs, security deposits for utilities and comparable housing, any lost rent, and any other reasonable expenses the Court may deem fair and reasonable as a result of the Court's order to close a premises or any portion thereof pursuant to this chapter. 72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  24-26;
10 DE Code § 7121. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.

§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur. (a) Where the Court after trial determines that a premises or appropriate portion or portions thereof pursuant to § 7111 of this title constitutes a nuisance, the Court shall order the closure of the premises. No such closure shall be granted unless, in the totality of the circumstances, no less onerous penalty is likely to provide for the abatement of the nuisance. Further, no order of closure shall occur if the Court is clearly convinced that any vacancy resulting from the closure would exacerbate rather than abate the nuisance or would otherwise be extraordinarily harmful to the community or the public interest. In determining whether closure is the least onerous penalty, the Court shall consider:  (1) Whether any previously agreed upon abatement plan, consent order, or other steps taken by a defendant have abated the nuisance; (2) The duration that any nuisance has existed on the premises and whether any court has previously found the existence of a nuisance on the premises; (3) The severity of the nuisance; (4) Whether the defendant has the ability to control the conduct on the premises or the ability to abate the nuisance; (5) The impact of the continuation of the nuisance upon any neighborhood or community organization; and (6) The position of any community or civic association which represents the communities in which the premises are located. (b) The Court at any time after trial may vacate the provisions of the judgment that direct the closing of the premises or any portion thereof provided that the defendant submits clear and convincing proof to the Court that the nuisance has been satisfactorily abated and is not likely to recur. In determining whether the nuisance has been satisfactorily abated and is not likely to recur, the Court shall consider the nature, severity and duration of the nuisance and all other relevant factors, including but not limited to those factors set forth in § 7113 of this title. 72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §  17;
10 DE Code § 7122. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7122. Standard of proof.

§ 7122. Standard of proof. Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence. 72 Del. Laws, c. 484, §  1;
10 DE Code § 7124. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7124. Relationship to criminal proceedings.

§ 7124. Relationship to criminal proceedings. A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have not resulted in an arrest, prosecution, conviction or adjudication of delinquency. 72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  33;
10 DE Code § 7125. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7125. Release of premises upon inspection or repair.

§ 7125. Release of premises upon inspection or repair. (a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate license and inspection authority or agency and found to be in compliance with applicable local or state housing, building, fire, zoning, health and safety codes, ordinances, rules, regulations or statutes. Where the inspection reveals violations of any such code, ordinance, rule, regulation or statute, the Court shall issue such orders or grant such relief as may be necessary to bring the premises or portion thereof into compliance. In that event, the Court may order the premises or portion thereof to remain closed pending such necessary repairs or modification, notwithstanding that the order of closure may exceed the 1-year time limit prescribed in § 7113 of this title. (b) The Court may authorize any person or government official to enter a premises or portion thereof closed pursuant to this chapter for the purpose of conducting an inspection or making any repairs or modifications necessary to abate the criminal nuisance or to bring the premises or portion thereof into compliance with any applicable housing, building, fire, zoning, health or safety code, ordinance, rule, regulation or statute. 72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §§  34, 35;
10 DE Code § 7126. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7126. Penalties.

§ 7126. Penalties. (a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the criminal nuisance. The Court shall order civil penalties in the amount of $25,000 or the Court, at its discretion, may order a civil penalty up to $1,000 for each day the criminal nuisance exists, whichever is greater, unless imposition of such penalty would constitute a miscarriage of justice under the totality of the circumstances. In such case, it may lower the penalty amount to the extent necessary to avoid such miscarriage of justice. (b) For the purpose of imposing a civil penalty pursuant to this section, the following shall be prima facie evidence that the defendant knowingly permitted the criminal nuisance:  (1) The defendant failed to initiate an eviction action pursuant to the provisions of this chapter or a summary possession action pursuant to Chapter 57 of Title 25 or against a tenant after being notified by certified or registered mail of the facts pertaining to the tenant's alleged illegal activities constituting a criminal nuisance committed on the leased premises which would in turn cause a reasonable person to believe the allegations are likely to be true; or (2) A closure order was vacated under § 7121 of this title within 2 years before the occurrence of the instant criminal nuisance; or (3) The defendant furthered, conspired as to, or participated in the commission of a crime on the premises. (c) The Court at any time shall waive, suspend or revoke any unpaid civil penalty imposed pursuant to this section where it is satisfied that:  (1) The defendant against whom the penalty has been imposed has not violated any order issued pursuant to any provision of this chapter; and (2) The defendant has transferred title to the plaintiff, a government agency or any other neighborhood or community organization approved by the Court, provided that the recipient is a nonprofit incorporated organization or association which is exempt from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore, maintain, manage or operate any commercial or residential premises. Unless otherwise agreed to by the recipient organization, the defendant shall personally retain all state and local tax liability and the obligation shall attach to any other real property in the county owned by the defendant.72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §§  20, 21;  78 Del. Laws, c. 161, §§  36-39;
10 DE Code § 7127. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7127. Settlements.

§ 7127. Settlements. (a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once approved by the Court, shall be entered as an order of the Court. Any violation of such an order by the defendant shall be punishable as contempt as provided in this chapter. (b) The Court, on application of a plaintiff may vacate a closing order issued pursuant to this chapter where the defendant has transferred title to the premises to the plaintiff, a government agency or any other neighborhood or community organization approved by the Court, provided that the recipient is a nonprofit incorporated organization or association which is exempt from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore, maintain, manage or operate by commercial or residential premises. In that event, the requirements for prerelease inspection set forth in § 7125 of this title shall not apply. 72 Del. Laws, c. 484, §  1;  76 Del. Laws, c. 158, §  22;
10 DE Code § 7128. (2021)
2021 Delaware Code|Title 10 - Courts and Judicial Procedure|Chapter 71. Criminal Nuisance Abatement|§ 7128. Recovery of costs.

§ 7128. Recovery of costs. (a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees and expenses and disbursements by the plaintiff or any governmental entity in investigating, bringing, maintaining and enforcing the action and any court orders issued pursuant thereto. All defendants shall be jointly and severally liable for the payment of taxed costs imposed pursuant to this section. (b) A judgment awarding a permanent abatement pursuant to this chapter shall be a lien upon the premises declared to be a criminal nuisance unless title thereto has been transferred pursuant to §§ 7126 and 7127 of this title. In addition, a judgment against an in personam defendant imposing a civil penalty or bill of taxed costs pursuant to this chapter shall be a lien upon the real estate owned by the defendant at the time of such rendition, and also upon all real estate the defendant may subsequently acquire, for a period of 10 years from the date of the judgment, subject to renewal of the judgment pursuant to § 4711 of this title. 72 Del. Laws, c. 484, §  1;  78 Del. Laws, c. 161, §  40;