reglab/housing_qa huggingface dataset:
9 DE Code § 1308. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1308. Legal effect of official map or street plan.

§ 1308. Legal effect of official map or street plan. (a) Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding the limits otherwise established by statute, be prohibited from erecting any structure within such lines. The owner of any property so affected shall be entitled to appeal to the Board of Adjustment under the same procedure described for appeals in zoning cases. (b) After the adoption of the official map showing the lines of planned or mapped streets, no change in any street shall be made by the County Council until such proposed change shall have been submitted to the Department for its opinion as to conformity with the official map. Pending the adoption of the official map, the County Council shall not vacate, narrow or extend any existing street without having secured the opinion of the Department as to the propriety of such proposed action. (c) The adoption of any street or street lines as part of the official map shall not, in and of itself, constitute and be deemed to constitute the opening or establishment of the street and acceptance of any land for street purposes, and shall not constitute the taking of any land. 9 Del. C. 1953;  55 Del Laws, c. 85,, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1309. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1309. Presumption of approval.

§ 1309. Presumption of approval. In the case of any matter required to be submitted to the Department or to the Planning Board, approval shall be presumed by the Department or Planning Board unless the Department or Planning Board shall have acted within 45 days of receipt thereof, unless a longer time shall have been allowed by the County Council. 9 Del. C. 1953, §  1348;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1311. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1311. Board of Adjustment.

§ 1311. Board of Adjustment. The Board of Adjustment shall consist of 7 members who shall be residents of New Castle County who shall have knowledge of, and experience in, the problems of urban and rural development, and who, at the time of appointment, shall not be candidates or candidates-elect for, or incumbents of, elective public office. The County Executive, with the advice and consent of the County Council, shall appoint 6 members for terms of 4 years. The County Executive, with the advice and consent of the County Council, shall appoint 1 member who shall be chairperson and who shall serve at the pleasure of the County Executive. The compensation of the members of the Board of Adjustment shall be determined by the County Council. 9 Del. C. 1953, §  1350;  55 Del. Laws, c. 85, §  2;  59 Del. Laws, c. 139, §  1;  71 Del. Laws, c. 401, §  59;  72 Del. Laws, c. 165, §  1;  73 Del. Laws, c. 39, §  1;
9 DE Code § 1312. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1312. Regulations governing organization, procedure and jurisdiction of the Board of Adjustment.

§ 1312. Regulations governing organization, procedure and jurisdiction of the Board of Adjustment. The Board of Adjustment shall adopt regulations to govern the organization, procedure and jurisdiction of the Board. The regulations shall not be inconsistent with this title and shall not become effective unless and until approved by the County Executive. 9 Del. C. 1953, §  1351;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1314. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1314. Judicial review of Board of Adjustment decisions; procedure.

§ 1314. Judicial review of Board of Adjustment decisions; procedure. (a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board. (b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner's attorney, which shall not be less than 10 days and may be extended by the Court. (c) The allowance of the writ shall not stay proceedings upon the decision reviewed, but the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order. (d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified. (e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct, and report the same to the Court together with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made. (f) The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review. (g) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed. 9 Del. C. 1953, §  1353;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1315. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1315. Board of License Inspection and Review.

§ 1315. Board of License Inspection and Review. County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review. The Board of License Inspection and Review shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board may be authorized to provide an appeal procedure whereby any person aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any County license, or by any notice, order or other action as a result of any County inspection affecting him or her directly shall, upon request, be furnished with a written statement of the reasons for the action taken and afforded a hearing thereon by the Board. The ordinance shall further provide that upon such hearing the Board shall hear any evidence which the aggrieved party or the County may desire to offer, shall make findings and render a decision in writing within 90 days of the filing of the appeal, and that the Board may affirm, modify, reverse, vacate or revoke the action from which the appeal was taken to it. 9 Del. C. 1953, §  1363;  55 Del. Laws, c. 85, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1316. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1316. Board of Building Standards.

§ 1316. Board of Building Standards. County Council, by ordinance, may provide for the establishment of a Board of Building Standards. The Board of Building Standards shall have 5 members to be appointed by the County Executive, 4 members for terms of 4 years provided that the terms of the original members shall be established in a manner that 1 shall expire each year, and 1 member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board shall be given the power to perform the following functions, or such portion of them as the County Council may determine:  (1) Advise the general manager of the Department of Land Use, upon request, about the interpretation of the building code or of any regulation relating to building safety and sanitation; (2) Suggest regulations applying standards of good practice in the enforcement of statutes and ordinances dealing with building safety and sanitation; (3) Upon request of the general manager of the Department of Land Use, review and issue a report regarding new and substitute materials proposed to be used in the building construction and upon new methods of construction; (4) Consider any suggested changes in standards and regulations, new and substitute materials, or new methods of construction, either with or without holding public hearings, but before the Board shall recommend any change or modification of such standards and regulations, it shall hold a public hearing at which all interested parties may present their views. After such public hearing, the Board shall submit its findings and recommendations to the general manager of the Department of Land Use for approval, whereupon they shall become a part of the standards and regulations.9 Del. C. 1953, §  1364;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1317. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1317. Board of Assessment Review.

§ 1317. Board of Assessment Review. The New Castle County Council, by ordinance, shall establish the Board of Assessment Review.  (1) The Board of Assessment Review consists of 9 members, as follows:  a. Eight individuals appointed by the County Council, subject to the following:  1. Each individual must be a resident and freeholder of the County. 2. Each individual appointed or reappointed after May 24, 2018, is appointed for a term of 4 years. b. One individual appointed by the County Executive with the advice and consent of the County Council, who serves at the pleasure of the County Executive. c. The member appointed under paragraph (1)b. of this section shall be the Chair. (2) Each member is entitled to renumeration as determined by the County Council.9 Del. C. 1953, §  1307;  55 Del. Laws, c. 85, §  2;  57 Del. Laws, c. 264, §§  12, 13;  57 Del. Laws, c. 303, §§  11, 12;  58 Del. Laws, c. 559, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;  78 Del. Laws, c. 33, §  1;  81 Del. Laws, c. 248, § 1;
9 DE Code § 1318. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1318. Functions of Board of Assessment Review.

§ 1318. Functions of Board of Assessment Review. The Board shall perform all of the following functions:  (1) Hear appeals from any property owner who alleges that the property owner's property has been improperly assessed for purposes of taxation. (2) Following the hearing of any property owner and, in the light of the facts produced at such hearing, determine whether the assessment is correct. If the Board should find that the assessment is greater than it should be, the Board shall order the Chief Financial Officer to reduce the assessment and the Chief Financial Officer shall thereupon reduce the assessment to the adjusted amount established by the Board. (3) Review the methods by which the general manager of the Department of Finance has established the assessments and the results thereof as reflected by the assessment roll. If the Board should find that the procedures used by the general manager of the Department of Finance require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such recommendations as it deems proper to the general manager of the Department of Finance and file a copy thereof with the Clerk of the County Council. (4) Prepare such rules and regulations for its operation as it deems appropriate.9 Del. C. 1953, §  1308;  55 Del. Laws, c. 85, §  2;  58 Del. Laws, c. 559, §  3;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;  81 Del. Laws, c. 248, § 2;
9 DE Code § 1319. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1319. Appointment and duties of additional Board members and referees.

§ 1319. Appointment and duties of additional Board members and referees. (a) [Repealed.] (b) The County Council may, by ordinance, authorize appointment of referees to hear appeals of property assessments. The general manager of the Department of Finance shall appoint, with the advice and consent of the County Council, such referees as are authorized by ordinance. Referees appointed under this section must possess sufficient qualifications concerning the valuation of real property as determined by County Council. (c) Appeals may be heard by panels of 3 or more members of the Board or by the referees individually when the referees are so authorized pursuant to subsection (b) of this section. The panel or the referee shall submit a recommendation to the Board which shall determine whether the assessment is correct based upon the record of the appeal hearing and the recommendation of the panel or the referee. (d) Referees must be paid as provided by the County Council. 9 Del. C. 1953, §  1307A;  58 Del. Laws, c. 559, §  1;  60 Del. Laws, c. 45, §§  1, 2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;  78 Del. Laws, c. 33, §  2;  81 Del. Laws, c. 248, § 3;  83 Del. Laws, c. 223, § 2;
9 DE Code § 1320. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1320. Judicial review.

§ 1320. Judicial review. Nothing in this chapter shall be construed as limiting the right of a property owner or County to appeal to the courts in connection with the assessment of property for taxation as provided by law. 9 Del. C. 1953, §  1309;  55 Del. Laws, c. 85, §  2;  58 Del. Laws, c. 559, §  5;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1321. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1321. General provisions relating to assessment.

§ 1321. General provisions relating to assessment. It is the intent of this subchapter that in New Castle County, the Department of Finance shall perform all of the functions assigned to the Board of Assessment, except for the functions specifically assigned to the Board of Assessment Review by § 1320 of this title. 9 Del. C. 1953, §  1310;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;  81 Del. Laws, c. 248, § 4;
9 DE Code § 1322. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1322. Assessment of property.

§ 1322. Assessment of property. (a) In the performance of the functions relating to the assessment of property, the Department of Finance shall exercise the assessment functions assigned to the Board of Assessment prior to May 26, 1965. To this end, not later than February 15 of each year, the Department of Finance shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year. The Department of Finance shall determine the form of the assessment roll and shall not be bound by provisions of law in effect prior to May 26, 1965, as to form. The County Council of New Castle County shall by ordinance establish the dates during which appeals from assessments of the Department of Finance to the Board of Assessment Review may be heard. (b) Not later than April 30 of each year, the Department of Finance shall certify to the Chief Financial Officer a true and correct assessment roll for the year. Not later than May 31 of each year, the general manager of the Department of Finance shall certify to the County Council the total value of all property in the County and the total value of all property which has been assessed and is subject to taxation. (c) The Department of Finance shall determine by rule, the form, number of copies, and other details concerning the keeping of records relating to assessment of real property and improvements thereupon. The Department of Finance shall develop a suitable system for the identification of all real property within the County, both that which is subject to taxation and that which is exempt from taxation. Such system must be in a form that readily permits the subdivision of property, or the reassembly of property, without loss of control thereof for purposes of assessment. (d) Notwithstanding any provision of this title, for any fiscal year in which the County Council of New Castle County proposes to implement a general reassessment of property, the County Council may by ordinance establish appropriate and reasonable time periods for the filing of exemption applications; submission, inspection, and certification of assessment rolls; notices of assessments; appeals from such assessments; and any other requirements relating to the implementation of the general reassessment. The County Council may not extend any such period more than 30 days beyond that otherwise established in this title. This authorization applies only to the fiscal year in which the general reassessment is implemented. In each fiscal year thereafter, the procedures specified in this title must be followed. 9 Del. C. 1953, §  1311;  55 Del. Laws, c. 85, §  2;  58 Del. Laws, c. 559, §  4;  65 Del. Laws, c. 1, §  1;  71 Del. Laws, c. 401, §  59;  81 Del. Laws, c. 248, § 5;
9 DE Code § 1323. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter I. Department of Land Use|§ 1323. Obligations and rights of property owners.

§ 1323. Obligations and rights of property owners. The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon him or her prior to May 26, 1965, with respect to the rendition or assessment of any property, nor shall it in any manner increase the responsibility of such property owner nor deny the property owner of any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter. 9 Del. C. 1953, §  1312;  55 Del. Laws, c. 85, §  2;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1331. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter II. Police Department|§ 1331. County police; powers and duties.

§ 1331. County police; powers and duties. (a) The County police shall have all of the police powers conferred by law upon law-enforcement officers in the State and all of such police may exercise such police powers anywhere in New Castle County. All police appointed under this section shall see that the peace and good order of the State within the aforesaid County be duly kept according to their powers and authority; shall arrest all persons who shall in either of their presence commit any riot, affray or other breach of peace, or who shall be riotously assembled, and take them before a justice of the peace in the respective hundred where the person is apprehended to be dealt with according to law; shall use diligence in arresting murderers, thieves and other felons, and disturbers of the peace, and in case of resistance to either of their authority, or other case of necessity, may command aid of any of the people of the State; shall duly prevent all bloodsheds, affrays and breaches of the peace; and shall execute all other duties in accordance with the law. Such police shall patrol said hundreds during such hours, under such conditions and in such manner as may be prescribed by the Chief of Police of New Castle County. (b) The County police shall be subject to such directives and policies as the Chief of Police may prescribe. (c) No merger of the New Castle County police with any other police force or agency shall be valid unless and until approved by the General Assembly. 71 Del. Laws, c. 401, §  59;
9 DE Code § 1332. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter II. Police Department|§ 1332. Functions.

§ 1332. Functions. (a) The Police Department, managed by a Chief of Police, shall perform the following functions; (1) Organize, administer, supervise and discipline the police force of the County; (2) Enforce traffic regulations and investigate accidents; (3) Make legal searches, seizures and arrests, and exercise such legal authority incident thereto; (4) Maintain and operate lockups for the temporary confinement of prisoners; (5) Maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully assigned acts; and (6) Operate and maintain an integrated communications system designed to facilitate the prompt, efficient and effective performance of its function. (b) The Police Department may perform the following functions:  (1) Provide school crossing guard service in the manner and to the extent authorized by ordinance; (2) Prepare and maintain a County comprehensive emergency operations plan and other plans as appropriate to provide guidance and direction to units of the County Council, and which are integrated into and coordinated with emergency management plans of the federal government, State and political subdivisions in New Castle County; (3) Except for those activities and responsibilities which are under the jurisdiction of the State Fire Prevention Commission, operate an emergency medical service for individuals who become unexpectedly ill or incapacitated, to include the provision of advanced life support paramedic services; and (4) Establish other functions related to public safety, in coordination with the fire, rescue and other emergency service organizations in New Castle County.9 Del. C. 1953, §  1401;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1333. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter II. Police Department|§ 1333. Other police prohibited.

§ 1333. Other police prohibited. No office, department or board operating for the County, other than the Police Department, shall have a police force. 9 Del. C. 1953, §  1402;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
9 DE Code § 1334. (2021)
2021 Delaware Code|Title 9 - Counties|Chapter 13. County Departments|Subchapter II. Police Department|§ 1334. County responsibility for fire protection and ambulance and rescue service.

§ 1334. County responsibility for fire protection and ambulance and rescue service. The County Council of New Castle County may make provisions for emergency medical services and the prevention and extinguishment of fires. For such purposes, the County Council of New Castle County may contract with any fire company authorized by the State Fire Prevention Commission, and in such case may make reasonable payments thereto. Provisions for emergency medical services and fire prevention and extinguishment shall be made cooperatively with the State Fire Prevention Commission and the Office of Emergency Medical Services. 9 Del. C. 1953, §  1411;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;