reglab/housing_qa huggingface dataset:
9 DE Code § 2808. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 28. Water Supply|§ 2808. Title of property.

§ 2808. Title of property. (a) Property in this State acquired by the County for the purpose of this chapter shall be held in the name of the “State of Delaware for the use of New Castle County.” (b) Property outside of this State acquired by the County for the purposes of this chapter shall be held in the name of “The County Council of New Castle County, Delaware.” 9 Del. C. 1953, §  2808;  54 Del. Laws, c. 233;  71 Del. Laws, c. 401, §  15;
9 DE Code § 2809. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 28. Water Supply|§ 2809. Penalties; enforcement.

§ 2809. Penalties; enforcement. (a) Any violation of the rules and regulations established under this chapter shall be punished by a fine of not less than $25 nor more than $100. Each day of a continuing violation shall be a separate offense. (b) In addition to the above remedy, the County may apply to the Court of Chancery for injunctive relief to prevent continuation of such violations. (c) In the case of violation of contracts or agreements under this chapter, the County may sue for civil damages and also apply for temporary or permanent injunctions to halt violations. 9 Del. C. 1953, §  2809;  54 Del. Laws, c. 233.;
9 DE Code § 2810. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 28. Water Supply|§ 2810. Authority of Delaware River Basin Commission.

§ 2810. Authority of Delaware River Basin Commission. Nothing in this chapter shall be construed to reduce the power and authority of the Delaware River Basin Commission. 9 Del. C. 1953, §  2811;  54 Del. Laws, c. 233.;
9 DE Code § 2901. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2901. Definitions.

§ 2901. Definitions. As used in this chapter, unless a different meaning clearly appears from the context:  (1) “Administrative tribunal” shall mean a show cause hearing before the Code Official for New Castle County. (2) “Building” shall mean a structure having a roof, and intended to shelter persons, animals, property or business activity. The word “building” shall be construed to include parts thereof and all equipment therein. (3) “County Council” shall mean the County Council for New Castle County. (4) “Department of Land Use” shall mean the New Castle County Department of Land Use. (5) “Person responsible” shall mean the owner and any other person or persons who have control over the property or are responsible for the violation. (6) “Property” shall mean a lot, plot or parcel of land, including any structures thereon. (7) “Structure” shall mean a manmade object having an ascertainable stationary location on land or in water, whether or not affixed to the land.75 Del. Laws, c. 212, §  6;
9 DE Code § 2902. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2902. Promulgation of property maintenance code.

§ 2902. Promulgation of property maintenance code. The County Council, in order to provide for the health, safety and welfare of the citizens of New Castle County, shall promulgate rules and regulations to be known as the New Castle County Property Maintenance Code, regulating and governing the condition and maintenance of all property, structures and buildings to eliminate or prevent unsafe, unhealthy, unsanitary or substandard conditions. Said rules and regulations shall provide standards for: the condition and maintenance of property, structures and buildings; supplied utilities, facilities and other physical things and conditions essential to ensure that property, structures and buildings are safe, sanitary and fit for occupation and use and do not adversely affect the welfare of the public; condemnation of structures and buildings unfit for human occupancy and use; and, the demolition of structures and buildings unfit for human occupancy and use. 75 Del. Laws, c. 212, §  6;
9 DE Code § 2903. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2903. Department of Land Use; administration and enforcement.

§ 2903. Department of Land Use; administration and enforcement. The Department of Land Use shall have the power and authority to administer and enforce all provisions of the New Castle County Property Maintenance Code as promulgated by the County Council except as otherwise provided for by this chapter or by rule or regulation adopted by County Council. 75 Del. Laws, c. 212, §  6;
9 DE Code § 2904. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2904. Removal of weeds, grasses, refuse, rubbish, trash or other waste material.

§ 2904. Removal of weeds, grasses, refuse, rubbish, trash or other waste material. No person shall permit weeds or grass to grow, or refuse, rubbish, trash or other waste material to be placed or to accumulate upon, land or improved premises so as to create a nuisance detrimental to adjoining properties or the health or safety of other persons. 9 Del. C. 1953, §  2901;  55 Del. Laws, c. 279;  71 Del. Laws, c. 401, §  15;  75 Del. Laws, c. 212, §  6;
9 DE Code § 2905. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2905. Fees.

§ 2905. Fees. 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. 75 Del. Laws, c. 212, §  6;
9 DE Code § 2906. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2906. Violation of regulations or chapter; notices and orders.

§ 2906. Violation of regulations or chapter; notices and orders. (a) For the purpose of enforcing compliance with the provisions of the New Castle Property Maintenance Code, and removing illegal, unhealthy or unsafe conditions, the Department of Land Use shall issue such rules, notices or orders as may be necessary. (b) Whenever the Department of Land Use is satisfied that a person responsible has committed an offense against the New Castle Property Maintenance Code or other provision of the New Castle County Code that constitutes a threat to the public health, safety or welfare, or of an order of the Department of Land Use, the Department of Land Use may serve a written notice or order upon the person responsible, therefore, directing discontinuance of each illegal action and the remedying of the condition which is in violation of the provisions, regulations or requirements as adopted by the County Council or by order of the Department of Land Use. (c) No person, having been served with such a notice or order, shall fail to comply with the requirements thereof within the time stated therein or within 15 days if no time is provided, unless the Department of Land Use determines that such violation cannot be cured within such time and clearly delineates additional time for compliance. 75 Del. Laws, c. 212, §  6;
9 DE Code § 2907. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2907. Abatement; creation of tax lien.

§ 2907. Abatement; creation of tax lien. (a) If after due notice, either actual or constructive, is given by the Department of Land Use to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative tribunal or a court of competent jurisdiction, such person fails to comply with the notice or order and the illegal action or condition continues to exist, the Department of Land Use may cause such violation to be removed, corrected, abated or otherwise made safe and sanitary. The Department of Land Use may incur any expense of razing, demolishing, removing or repairing unsafe or illegal buildings and structures, and may incur any expense necessary or incidental to abating violations of the New Castle Property Maintenance Code or other provisions of the New Castle County Code that constitute a threat to the public health, safety or welfare or to provide for the sanitary condition, safety, or security of the property, structure or building. (b) All expenses incurred by the Department of Land Use pursuant to this section shall be a tax lien on the parcel of real property that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Department of Land Use, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected. (c) Any unpaid fine or civil penalty associated with violation of the New Castle Property Maintenance Code or any other provision of the New Castle County Code that provides for the sanitary condition, safety, or security of a property, structure or building, such fine or civil penalty being final and non-appealable, may be added to local property tax billings for the property which was the subject of said notice or order and collected in the same manner as other county real estate taxes, and paid to New Castle County, when collected. (d) New Castle County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Land Use for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings pursuant to a writ of monition. 75 Del. Laws, c. 212, §  6;  81 Del. Laws, c. 162, § 1;
9 DE Code § 2908. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2908. Penalties.

§ 2908. Penalties. The person responsible for a building, structure, or premises, where anything is in violation of this chapter or the rules or requirements as promulgated by the County Council, or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or in violation of an order of the Department of Land Use, shall be fined in accordance with a schedule of fees and penalties to be established by the County Council. The maximum fine per violation shall not exceed the provisions found in § 5917 of Title 11. Each and every day such violation continues shall constitute a separate offense. 9 Del. C. 1953, §  2902;  55 Del. Laws, c. 279;  71 Del. Laws, c. 401, §  15;  75 Del. Laws, c. 212, §  6;
9 DE Code § 2909. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2909. Additional remedies.

§ 2909. Additional remedies. The imposition of the penalties or enforcement prescribed in this chapter or by the rules or requirements as promulgated by the county council shall not preclude the Attorney General, county attorney or code enforcement constable from instituting appropriate actions or proceedings to prevent, enjoin or abate any continuing violation of this chapter. 75 Del. Laws, c. 212, §  6;
9 DE Code § 2910. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 29. Property Maintenance|§ 2910. Exceptions.

§ 2910. Exceptions. This chapter does not apply to a property, building, or structure located within a municipality unless New Castle County has any responsibility for the local service function under § 1102 of this title. 75 Del. Laws, c. 212, §  6;  83 Del. Laws, c. 7, § 8;
9 DE Code § 3001. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3001. Definitions.

§ 3001. Definitions. As used in this chapter, unless otherwise expressly stated:  (1) “Commission” means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department of Land Use in all other sections. (2) “County” means New Castle County. (3) “District” means Regional Planning District of New Castle County, which comprises all that portion of the County not included within the corporate limits of any city or town, unless any territory within such corporate limits is included upon request made by the governing body or authority of any such city or town. (4) “Plan” means the map, plat, or other document verbally or graphically illustrating or describing a plan of subdivision or land development. (5) “Recorder of Deeds” means Recorder of Deeds in and for New Castle County. (6) “Regulations” means land subdivision regulations. (7) “Structure” means any man-made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. (8) “Subdivide” means the subdivision of land as defined in paragraph (10) of this section, or any act directed toward the present or future subdivision of land. (9) “Subdivider” means any person, or agent thereof, who undertakes the subdivision of land; or any successor to the rights of said person in said land. (10) “Subdivision” means:  a. The division or redivision of a lot, tract, or parcel of land, by any means, including by means of a plan or plat or a description by metes and bounds, into 2 or more lots, tracts, parcels or other divisions of land, for the purpose, whether immediate or future, of lease, of the transfer of ownership or of building development, exempting, however, the division of land for agricultural purposes into parcels of more than 10 acres not involving any new streets or easements of access, divisions of property by testamentary or intestate provisions, or divisions of property upon court order; b. The division or allocation of land for the opening, widening or extension of any street or streets, or the division or allocation of land as open spaces for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance of public sewer, water supply, storm drainage or other public facilities.9 Del. C. 1953, §  3001;  55 Del. Laws, c. 49;  60 Del. Laws, c. 468, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  89;
9 DE Code § 3002. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3002. Power to regulate.

§ 3002. Power to regulate. In order to provide for the orderly growth and development of the County, to promote the health, safety, prosperity, and the general welfare of the present and future inhabitants of the County, to insure the conservation of property values and natural resources, including the protection of the County's agricultural lands, water resources, and industrial potential, and to afford adequate provisions for public utilities, water supply, drainage, sanitation, vehicular access, educational and recreational facilities, parkland and open space, among other and related activities, the Commission may regulate the subdivision of all land in the County not within the corporate limits of any city or town. 9 Del. C. 1953, §  3002;  55 Del. Laws, c. 49.;
9 DE Code § 3003. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3003. Land subdivision regulations.

§ 3003. Land subdivision regulations. In order to carry out the provisions of this chapter, the Commission shall adopt and administer regulations in accordance with the following procedures:  (1) Within 1 year from May 4, 1965, the Commission shall propose regulations pursuant to the purposes specified in this chapter, and shall hold at least 1 public meeting, notice of which shall have been given by publication at least 15 days before said meeting in a newspaper of general circulation in the County. Copies of the proposed regulations shall be available to the public without charge at a place or places stated in said notice. Within 120 days after said meeting, the Commission may adopt the regulations as proposed or may make any amendment, change or addition thereto, except that prior to the adoption thereof the same procedures shall be followed; (2) Prior to the adoption by the Commission of any subsequent amendment, change or addition to said regulations, the same procedures shall be followed; (3) No regulation adopted by the Commission shall become effective unless and until approved by the County Council.9 Del. C. 1953, §  3003;  55 Del. Laws, c. 49;  71 Del. Laws, c. 401, §  15;
9 DE Code § 3004. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3004. Content of land subdivision regulations.

§ 3004. Content of land subdivision regulations. Any regulations adopted and approved under this chapter shall include, but not be limited to, the following provisions:  (1) Varying procedures for insuring the processing of land subdivision plans, within a reasonable period of time, relative to the number of lots or parcels and the extent of improvements required; (2) Procedures for insuring that the arrangement of the lots or parcels of land or improvements thereon shall conform to the existing zoning at the time of recordation and that streets, or rights-of-way, bordering or within subdivided land shall be of such widths and grades and in such locations as may be deemed necessary to accommodate prospective traffic, that adequate easements or rights-of-way shall be provided for drainage and utilities, that reservations of areas designed for their use as public grounds shall be of suitable size and location for their designated uses, that sufficient and suitable monuments shall be required, that land which might constitute a menace to safety, health or general welfare shall be made safe for the purpose for which it is subdivided, and that adequate provision for water supply is made; (3) Procedures for encouraging and promoting flexibility and ingenuity in the layout and design of subdivisions and land development, and for encouraging practices which are in accordance with contemporary and evolving principles of site planning and development.9 Del. C. 1953, §  3004;  55 Del. Laws, c. 49.;
9 DE Code § 3006. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3006. Selling before approval; penalty; civil suits.

§ 3006. Selling before approval; penalty; civil suits. (a) No street, sanitary sewer, storm sewer, water main, or other improvements shall be constructed, opened, or dedicated for public use or for the common use of occupants of buildings abutting thereon, and no part of any land which has been subdivided after the adoption of regulations under this chapter, shall be sold, transferred or conveyed, except pursuant to an approval received for the land subdivision in accordance with the regulations adopted under this chapter. (b) Whoever violates subsection (a) of this section shall upon conviction thereof be fined not more than $200 or imprisoned not more than 30 days, or both. Each lot or parcel so transferred or sold and each improvement so constructed, opened or dedicated shall be deemed a separate violation, and each and every day during which such violation continues shall be deemed a separate violation. The Superior Court shall have exclusive jurisdiction of offenses under this section. (c) The County Council, or any owner of real estate affected by such violation, may, in addition to utilizing other remedies provided by law, institute injunction, mandamus, abatement or other appropriate proceedings to prevent, enjoin, abate or otherwise correct such violation. 9 Del. C. 1953, §  3006;  55 Del. Laws, c. 49;  71 Del. Laws, c. 401, §  15;
9 DE Code § 3007. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3007. Recording unapproved plans; penalty.

§ 3007. Recording unapproved plans; penalty. (a) The Recorder of Deeds within the County shall not receive for filing any plan of land showing an arrangement of lots or parcels of lands, streets, easements or rights-of-way unless and until said plan shall have been submitted to, and approved by, the Commission and the County Council pursuant to the regulations adopted under this chapter, and until each such approval shall have been endorsed in writing on said plan by the Chairperson or the Executive Director of the Commission and the County Council by the President. (b) Any plan received by the Recorder of Deeds for filing or recording without the approval of the Commission and the County Council endorsed thereon, shall be null and void and without legal effect and shall upon application of the Commission or the County Council, to the Superior Court, be expunged from the records of the Recorder of Deeds. (c) Whoever causes any plan to be filed or recorded contrary to the provisions of this chapter shall be fined not less than $100 and not more than $500. The Superior Court shall have exclusive original jurisdiction of offenses under this section. 9 Del. C. 1953, §  3007;  55 Del. Laws, c. 49;  60 Del. Laws, c. 468, §  4;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
9 DE Code § 3008. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3008. Improvements private until dedicated.

§ 3008. Improvements private until dedicated. The approval of a plan by the Commission and by the County Council shall, when recorded, be deemed and taken as acceptance of the intended dedication of the streets, grounds or other improvements appearing thereon to the public use by appropriate governmental body or agency. The approval of a plan shall not impose any duty or obligation upon the County Council or any other public agency to improve, repair, or maintain the streets, grounds or other improvements appearing on the plan. The Commission may adopt and the County Council may approve such regulations as are deemed advisable for the removal of snow from the streets appearing on the plan from the time the plan is recorded until the obligation to maintain such improvements is assumed either by a maintenance corporation or by an appropriate public agency. 9 Del. C. 1953, §  3008;  55 Del. Laws, c. 49;  70 Del. Laws, c. 255, §  1;  71 Del. Laws, c. 401, §  15;
9 DE Code § 3009. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3009. Approved plan to be recorded.

§ 3009. Approved plan to be recorded. The subdivider shall, within 120 days after the approval of a plan, record such plan in the office of the Recorder of Deeds. If such plan is not recorded within said time, the approval shall expire. 9 Del. C. 1953, §  3009;  55 Del. Laws, c. 49.;
9 DE Code § 3010. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3010. Schedule of fees.

§ 3010. Schedule of fees. The Commission shall establish a uniform schedule of fees to be paid by the subdivider and to be proportioned to the cost of processing a subdivision submitted for review and approval of the Commission. No schedule established by the Commission shall become effective unless and until approved by the County Council. 9 Del. C. 1953, §  3010;  55 Del. Laws, c. 49;  71 Del. Laws, c. 401, §  15;
9 DE Code § 3011. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3011. Effect of approved plan on official map.

§ 3011. Effect of approved plan on official map. After a plan has been approved and recorded as provided under this chapter, all public streets and public grounds on such plan shall be, and become, a part of the official map of the County without public hearing. 9 Del. C. 1953, §  3011;  55 Del. Laws, c. 49.;
9 DE Code § 3012. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 30. Subdivision and Land Development|§ 3012. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density.

§ 3012. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density. With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases residential density, the County Council shall notify the local school district for the area at least 7 days prior to any such approval process. 66 Del. Laws, Sp. Sess., c. 195,, §  2;  71 Del. Laws, c. 401, §  15;