reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 35. New Castle County Neighborhood Improvement Districts › § 3507. Powers of the neighborhood improvement district management association.

§ 3507. Powers of the neighborhood improvement district management association.
Subject to available funding, and as provided for in this chapter and the agreement between the County and the NIDMA, a NIDMA has, in addition to any other powers provided pursuant to the charter establishing the nonprofit corporation, the power to:
(1) Sue or be sued, implead or be impleaded, complain, and defend in all courts.
(2) Employ necessary staff or contract for the provision of same.
(3) Prepare planning or feasibility studies or contract for the preparation thereof to assess enhanced services within the NID.
(4) Provide for enhanced services and related programs within the NID.
(5) Contract for the provision of enhanced services within the NID.
(6) Determine the appropriation and expenditure of NID funds, which may include federal, state, and county funds received by the Office of Finance on behalf of the NIDMA; provided that the funds must be administered by the Office of Finance on behalf of, and as directed by, the NIDMA and in accordance with any specific provisions contained in this chapter and the agreement between the County and the NIDMA. Such funds are to be used in connection with cost of services and to provide for enhanced services within the NID, including, district-wide snow removal, district-wide trash removal, and maintenance of open space.
(7) Solicit in-kind services or financial contributions from any owners of exempt property located within the NID in lieu of special assessment fees. This may include entering into voluntary agreements between the NIDMA and any owners of exempt property for the provision of same.
(8) Designate an optional district advisory committee, to be referred to as the District Advisory Council (“DAC”), for each NID. Each DAC must consist of an odd number of members, between 5 and 9, who are representative of the neighborhood's character, including age, gender, and cultural diversity, and must include at least 2 nonexempt specially-assessed property owners.
(9) Obtain or apply for funds from any source for which the NID may be eligible, including grants and government programs. Any funds obtained from a source other than special assessments of nonexempt property owners must be used to offset the obligations of the nonexempt property owners in the NID.
(10) Engage in any action or advocacy in furtherance of the purposes of this chapter.
83 Del. Laws, c. 457, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 35. New Castle County Neighborhood Improvement Districts › § 3509. Annual audit, report, and meeting; additional audits.

§ 3509. Annual audit, report, and meeting; additional audits.
(a) The County Auditor or designee thereof, or an entity identified by County Council must annually audit all funds received and expended by or on behalf of the NIDMA. The audit results must be made electronically available to each owner of property and lessees thereof located in the NID, all county departments as determined by County Council, and the County Council within 6 months after the end of each fiscal year.
(b) The NIDMA must annually provide a report, in electronic format, including financial and programmatic information and a summary of the annual audit findings as required in subsection (a) of this section to the County and to all owners of property and lessees of property located in the NID, by no later than the annual meeting of the NIDMA, which must be held each year no later than February 28.
(c) In addition to the annual audit required under subsection (a) of this section, the County may require additional audits as the County Council, in consultation with the County Auditor or designee thereof, deems appropriate.
83 Del. Laws, c. 457, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 35. New Castle County Neighborhood Improvement Districts › § 3510. Renewal and dissolution of a neighborhood improvement district.

§ 3510. Renewal and dissolution of a neighborhood improvement district.
(a) Renewal of a NID. — (1) Prior to expiration of a sunset provision of a NID and following a review by County Council of the NID and the enhanced services provided therein, the County Council may extend the NID up to 5 years by voting to extend the ordinance with no changes to the Final NIDP.
(2) Following the review of the NID and the enhanced services provided therein, the County Council may consider an extension of the NID with changes to the Final NIDP. Such changes proposed prior to the end of a sunset provision are not considered amendments to the Final NIDP for purposes of this chapter and may be made through the procedure for adopting a Proposed Final NIDP under § 3505(d) through (f) of this title.
(b) Dissolution upon expiration of the ordinance. —
Upon the expiration of the ordinance under the sunset provision required under § 3505(c)(3)d. of this title, unless the NID has earlier been renewed by the Council under subsection (a) of this section, the NID must be dissolved, subject to the provisions of subsections (d) and (e) of this section.
(c) Request for dissolution. — (1) A request for dissolution of a NID may be initiated by a nonexempt specially-assessed property owner or the County by means of a petition in a form established by the County. The County Council must hold a hearing to consider the request, consistent with the hearing and approval procedures set forth in this chapter to amend a Final NIDP.
(2) The request must be approved by at least 51% of specially-assessed property owners within the NID.
(d) Upon the dissolution of a NID, subject to the final audit under subsection (e) of this section, the property of the NID will pass as set forth in the county ordinance, with all unencumbered funds, if any, to be divided pro rata among the specially-assessed property owners consistent with applicable law and any agreement between the NIDMA and the County, and the NID will cease to exist.
(e) Final audit. —
Upon dissolution of a NID, the County Auditor or designee thereof, or an entity identified by County Council, must perform a final audit, and the audit results must be provided to all property owners and lessees of property in the NID and to County Council within 6 months after dissolution of the NID.
83 Del. Laws, c. 457, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter I. General Provisions › § 4101. Definitions.

§ 4101. Definitions.
(a) As used in this part:
(1) “County” means Kent County.
(2) “County government” means the governing body of Kent County.
(b) Any reference in the Delaware Code or any other law of this State to the Receiver of Taxes and County Treasurer for Kent County or the County Comptroller for Kent County shall be construed to mean the Department of Finance of Kent County as created by § 4123 of this title.
9 Del. C. 1953, §  4101;  77 Del. Laws, c. 247, §  5;  80 Del. Laws, c. 209, § 2;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter I. General Provisions › § 4104. Salaries of elected officials of the county governing body.

§ 4104. Salaries of elected officials of the county governing body.
(a) In Kent County each of the elected officials of the county governing body shall receive a salary in an amount to be set by ordinance of the Kent County Levy Court.
(b) The salaries of the officials shall be paid in equal semimonthly installments in Kent County by warrants according to the form prescribed by the county government.
(c) Such officials shall not receive any other compensation for services performed by them, or any of them, in the office of elected official.
21 Del. Laws, c. 22, §  5;  22 Del. Laws, c. 50, §  5;  22 Del. Laws, c. 53, §  1;  22 Del. Laws, c. 54, §  5;  22 Del. Laws, c. 276, §  1;  22 Del. Laws, c. 279, §  1;  23 Del. Laws, c. 39, §  1;  27 Del. Laws, c. 50;  Code 1915, §§  1018, 1040, 1049;  28 Del. Laws, c. 76, §  6;  31 Del. Laws, c. 13, §  8;  40 Del. Laws, c. 126, §  6;  Code 1935, §§  1152, 1189, 1199;  45 Del. Laws, c. 110, §  1;  45 Del. Laws, c. 122, §§  1, 2;  46 Del. Laws, c. 298, §  1;  9 Del. C. 1953, §  309;  49 Del. Laws, c. 290, §  1;  50 Del. Laws, c. 421, §  1;  51 Del. Laws, c. 277;  52 Del. Laws, c. 174, §  8;  53 Del. Laws, c. 222, §  9;  54 Del. Laws, c. 23, §  4;  54 Del. Laws, c. 215, §  10;  55 Del. Laws, c. 85, §§  3A, 3B;  57 Del. Laws, c. 692, §  1;  61 Del. Laws, c. 506, §  1;  65 Del. Laws, c. 163, §  3;  67 Del. Laws, c. 255, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter I. General Provisions › § 4105. Redistricting required.

§ 4105. Redistricting required.
It shall be the mandatory duty of the Kent County Levy Court to redistrict the Kent County Levy Court Districts described at § 4102(b) of this title after each regular United States decennial census commencing with the 1990 United States decennial census. Nothing herein shall operate to change the number of Levy Court Districts established at § 4102(a) of this title.
67 Del. Laws, c. 235, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter I. General Provisions › § 4107. Early termination of terms of office.

§ 4107. Early termination of terms of office.
The term of any Levy Court Commissioner (except the commissioner representing the 7th Levy Court District which is comprised of the County as a whole) which would not otherwise terminate on the first Tuesday in January following the election of Commissioners immediately following a redistricting shall terminate on such date, if, as a result of redistricting of the Levy Court, a Commissioner is placed in the same District as another member of the Levy Court whose term does not expire at the same time, otherwise the Commissioner shall continue to represent the new District in which the Commissioner resides until the expiration of the term of office.
67 Del. Laws, c. 235, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4113. Mileage and expenses of county officers and employees.

§ 4113. Mileage and expenses of county officers and employees.
The county government may pay mileage, as provided in § 9121 of this title, to county officers, including deputies and clerks, for travel in the necessary conduct of county business as well as expenses actually incurred in the carrying out of such county business. This section shall not be construed to allow the payment of mileage to officials, deputies or clerical assistants to or from their home and their place of employment.
Code 1935, §  1191;  44 Del. Laws, c. 100, §  2;  9 Del. C. 1953, §  4113;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4115. Removal of appointed officers; appeal.

§ 4115. Removal of appointed officers; appeal.
(a) The county government may remove from office any person appointed by it, for sufficient cause shown, and after due hearing.
(b) Any person so removed may appeal from the decision of the county government to the Superior Court, which shall, upon such appeal, either affirm or overrule the decision of the county government. If the decision be overruled, the person appealing shall be remitted to that person's office or employment and shall be entitled to all arrears of compensation.
31 Del. Laws, c. 13, §  17;  Code 1935, §  1234;  9 Del. C. 1953, §  4115;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4116. Sinking fund.

§ 4116. Sinking fund.
The county government may create a sinking fund for public buildings, public improvements, and public works generally, and for such purposes may open a special bank account in the name of the Receiver of Taxes and County Treasurer of the County and may deposit therein such sums at such times as the county government deems advisable. The money in such fund shall be paid out upon warrants as other county moneys are paid out according to law, at such times and in such amounts and for the above stated purposes or for any of such purposes, as the county government shall determine.
9 Del. C. 1953, §  4116;  56 Del. Laws, c. 103, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4117. County Engineer and other employees; appointment and duties.

§ 4117. County Engineer and other employees; appointment and duties.
(a) The County Administrator may appoint a County Engineer for such term, and at such compensation as the Administrator deems proper. The County Engineer shall be responsible for and have general supervision over all public engineering work in the County including, but not limited to, the construction of sanitary sewers, trunk lines, sewerage disposal plants, sanitary sewer systems in general and maintenance thereof, drainage, construction, lighting service and other projects of a public nature.
(b) The County Administrator may employ, for such periods and for such compensation as the Administrator deems proper, such draftsmen, rodmen, and assistants as, in its opinion, are necessary to carry on such public work.
9 Del. C. 1953, §  4117;  56 Del. Laws, c. 103, §  2;  83 Del. Laws, c. 144, § 3;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4118. Dumping of garbage, rubbish, ashes or other waste material.

§ 4118. Dumping of garbage, rubbish, ashes or other waste material.
The county government may regulate or prohibit the dumping of garbage, rubbish, ashes or other waste material in or upon land within the County outside of any incorporated municipality and, for that purpose, enact and from time to time amend or rescind, suitable ordinances, rules or regulations.
9 Del. C. 1953, §  4118;  56 Del. Laws, c. 103, §  3;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4119. Rivers, creeks, or small runs; widening, straightening.

§ 4119. Rivers, creeks, or small runs; widening, straightening.
(a) In case the county government, upon the advice of the County Engineer, deems it advisable to widen, straighten or alter the course of any part of any small run, river or creek in the County; the county government and the County Engineer may enter upon any land for the purpose of surveying and locating the changes necessary to widen, straighten or alter the course of any part of such river, run or creek.
(b) Any person owning land which it will be necessary to procure for such purpose may dedicate the same for such purpose, and the county government may enter into negotiations with the owner or owners for that purpose, and may secure the necessary conveyance or dedication of the land. The county government may also purchase the land from the owner or owners thereof upon such terms as the county government deems advisable. All conveyances and dedications shall be to the State, for the use of Kent County, and all conveyances, dedications and other papers relating to the acquirement of such land for such purpose shall be and remain a part of the records of the office of the County Engineer.
9 Del. C. 1953, §  4119;  56 Del. Laws, c. 103, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4120. Emergency dispatch center.

§ 4120. Emergency dispatch center.
The county government may establish and maintain an emergency dispatch center to be used in connection with fire, ambulance, rescue services, and other emergencies which occur throughout the County.
9 Del. C. 1953, §  4120;  58 Del. Laws, c. 488.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4121. State or federal aid and programs.

§ 4121. State or federal aid and programs.
The Kent County government may receive money or grants from the State or the United States of America and may enter into agreements or contracts with the State or the United States relating to such money or grants. The Kent County government is authorized to enact resolutions providing for programs and services for the purposes for which said federal funds are granted to the Kent County government and to spend out of county funds any share required as a condition of said grants.
59 Del. Laws, c. 287, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4122. Investment powers.

§ 4122. Investment powers.
The county government by its Levy Court may authorize and order the investment of idle funds kept as surplus and not reasonably required to be maintained on a demand basis in such manner as recommended by the Director of Finance. Investment of county funds shall be in accordance with general state law and the ordinances of the county government governing such investments. All interest or investments and moneys so earned from these idle or surplus funds shall accrue only to the benefit of the County of Kent.
62 Del. Laws, c. 152, §  1;  80 Del. Laws, c. 209, § 3;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter II. Powers and Duties › § 4125. Board of Assessment Review.

§ 4125. Board of Assessment Review.
(a) Levy Court, by ordinance, shall establish a Board of Assessment Review. The Board of Assessment Review shall consist of 7 members. The Levy Court shall appoint one member from each of the Levy Court Districts. The term and residency requirements of each member shall be determined by Levy Court. Levy Court shall provide compensation for members and for the chairperson in amounts established by Levy Court in the county annual operating budget ordinance. Furthermore, Levy Court shall provide for the filling of vacancies on the Board of Assessment Review.
(b) The Board of Assessment Review shall perform all functions as established by Levy Court through ordinance and as otherwise provided in this title.
78 Del. Laws, c. 142, §  2;  83 Del. Laws, c. 402, § 1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4131. Fire companies.

§ 4131. Fire companies.
The county government shall appropriate annually, and on May 1 of each year shall pay, the sum of $250 to each regularly organized and motorized fire company in Kent County, as certified by the Secretary of Kent County Volunteer Firemen's Association, for the maintenance and upkeep of their fire equipment.
Code 1935, §  1194A;  45 Del. Laws, c. 116, §  1;  9 Del. C. 1953, §  4131;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4132. Kent County Volunteer Firemen's Association.

§ 4132. Kent County Volunteer Firemen's Association.
(a) The government of Kent County shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen's Association, the sum of $13,500 to be distributed by the Firemen's Association equally to each of the regularly organized and motorized fire companies, members of the Association, for the maintenance and upkeep of the fire equipment of the member companies.
(b) The county government shall appropriate annually and on October 1 of each year shall pay to the Kent County Volunteer Firemen's Association the sum of $800 to be used for the maintenance of radio equipment used in connection with volunteer fire fighting apparatus throughout the County.
39 Del. Laws, c. 4, §  1;  40 Del. Laws, c. 127;  Code 1935, §  1194;  45 Del. Laws, c. 115;  47 Del. Laws, c. 8, §  1;  9 Del. C. 1953, §  4132;  49 Del. Laws, c. 330;  51 Del. Laws, c. 46;  56 Del. Laws, c. 87.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4133. Ambulance service.

§ 4133. Ambulance service.
(a) So long as any of the organizations listed in this subsection shall have an ambulance and provide ambulance service for the benefit of the residents of Kent County, the county government shall appropriate annually and on July 1 in each year shall pay the sum of $750 to such organization for the maintenance of its ambulance:
(1) Robbins Hose Company, No. 1, at Dover;
(2) David C. Harrison Post, No. 14, Inc., American Legion, at Smyrna;
(3) Camden-Wyoming Fire Company.
(b) So long as Carlisle Fire Company, of Milford, shall have an ambulance and provide ambulance service for the benefit of the residents of Kent and Sussex Counties, the county government may annually appropriate for and pay to such Company the sum of $250 for the maintenance of its ambulance.
41 Del. Laws, c. 104, §  1;  43 Del. Laws, c. 103, §  1;  43 Del. Laws, c. 104, §  1;  47 Del. Laws, c. 83, §  1;  9 Del. C. 1953, §  4133;  51 Del. Laws, c. 146;  55 Del. Laws, c. 386.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4134. Rescue service.

§ 4134. Rescue service.
The county government shall appropriate the sum of $750 annually to each of the regularly organized and motorized fire companies in Kent County for the maintenance of their rescue squad. Such sum shall be paid by the county government to each of the fire companies entitled thereto, certified by the Secretary of the Kent County Volunteer Firemen's Association on July 1 of each year.
9 Del. C. 1953, §  4134;  53 Del. Laws, c. 160.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4135. Cities and towns; aid for maintenance of public dumping areas.

§ 4135. Cities and towns; aid for maintenance of public dumping areas.
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. 1953, §  4135;  56 Del. Laws, c. 234, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4136. Appropriations for community services.

§ 4136. Appropriations for community services.
The county government may appropriate each year for community services of general benefit to the County and its residents such amounts as it may deem just and proper.
9 Del. C. 1953, §  4136;  58 Del. Laws, c. 354, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4137. Appropriations for county records and assessments.

§ 4137. Appropriations for county records and assessments.
The county government may determine whether additional methods or procedures relating to county records and assessments are required for Kent County, and may direct the payment therefor from the general funds of the County.
9 Del. C. 1953, §  4137;  58 Del. Laws, c. 354, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter III. Authorized Appropriations › § 4138. Sewer authorization loans.

§ 4138. Sewer authorization loans.
The County is authorized to lend, to sewer districts created by the County, funds, other than general funds of the County or funds dedicated to purposes other than the construction or improvement of sewers in the County, any available funds on terms deemed commercially reasonable by the Levy Court.
64 Del. Laws, c. 441, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter IV. Personnel Administration › § 4151. Personnel Administration Board.

§ 4151. Personnel Administration Board.
The county government shall, by ordinance, establish a Personnel Board and determine the membership, terms, qualifications, compensation and duties of said Board.
9 Del. C. 1953, §  4151;  56 Del. Laws, c. 103, §  11;  66 Del. Laws, c. 332, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4152. Establishment by county government.

§ 4152. Establishment by county government.
The county government may, by ordinance, establish a Parks and Recreation Commission and determine the membership, terms, qualifications and compensation of said Commission.
9 Del. C. 1953, §  4152;  57 Del. Laws, c. 748;  66 Del. Laws, c. 322, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4153. Functions.

§ 4153. Functions.
The Parks and Recreation Commission shall perform the following functions:
(1) Plan, supervise and conduct a comprehensive and coordinated program of cultural and physical recreation for the County;
(2) Plan, supervise and conduct a program of parks and park related activities for all of the parks of the County including any suburban parks which may hereafter be established pursuant to Chapter 6 of this title;
(3) Promote, and, to the extent feasible, execute a cooperative recreational program with the public schools, other public agencies, private agencies, and local citizen recreation councils;
(4) Develop plans for parks, recreation areas, and for the preservation of open space within the County and recommend to the county government appropriate courses of action in regard thereto;
(5) Employ by and with the consent of the county government trained personnel in recreational programs and staff, including a Director of Parks and Recreation;
(6) Make and enforce rules and regulations relating to the protection, care, and use of the areas it administers. No rules and regulations shall become effective until such rules and regulations have been adopted by the county government after a public hearing thereon, the time and place of which at least 30 days' notice shall have been given by 1 publication in a newspaper of general circulation in the County. Such notice should state the place at which copies of the rules and regulations may be obtained;
(7) Recommend to the county government such fees as it deems reasonable for the use of such facilities as may be provided in the areas it administers, and the county government may establish and collect such fees from the users of the said areas.
9 Del. C. 1953, §  4153;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4154. Acquisition of land.

§ 4154. Acquisition of land.
The county government may acquire land or any interest therein by purchase or gift within the County that it deems advisable in furtherance of the purposes of this subchapter, but in no event shall the county government have the right to eminent domain for these purposes.
9 Del. C. 1953, §  4154;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4155. Power to borrow money and issue bonds.

§ 4155. Power to borrow money and issue bonds.
The county government may borrow money upon the faith and credit of the County as provided in this subchapter for the purpose of acquiring land and property in furtherance of the purposes of this subchapter and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest 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. 1953, §  4155;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4156. Terms of bonds.

§ 4156. Terms of bonds.
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. 1953, §  4156;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4157. Execution and record of bonds.

§ 4157. Execution and record of bonds.
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. 1953, §  4157;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4158. Sale of bonds.

§ 4158. Sale of bonds.
The bonds or any part thereof may be sold when and as the county government by resolution determines and until sold shall remain in custody of the Receiver of Taxes and County Treasurer. Whenever in the judgment of the county government it is deemed advisable that any part or all of the bonds shall be sold, the county government may sell and dispose of the same at public sale after having advertised the same in the public press at least once each week for at least 2 weeks. No commission or other compensation shall be charged or paid to any members of the county government for effecting the sale or negotiation of such bonds.
9 Del. C. 1953, §  4158;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4159. Principal and interest payments; taxes.

§ 4159. Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated by Kent County.
(b) The county government in fixing the rate of taxation shall annually provide for a sum equal to the amount of such bonds in addition to the amount necessary to pay the interest upon the unpaid bonds as before provided, which shall, when collected and paid to the Receiver of Taxes and County Treasurer be set apart by him or her in a separate account to be opened for that purpose; and the Receiver of Taxes and County Treasurer shall apply the said sum annually to the payments of such part of said loan and interest thereon as may from time to time become due under the provisions of this subchapter.
9 Del. C. 1953, §  4159;  57 Del. Laws, c. 748;  59 Del. Laws, c. 345, §  1;  63 Del. Laws, c. 142, §  20;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4160. Deposit and use of proceeds of sale of bonds.

§ 4160. Deposit and use of proceeds of sale of bonds.
All money received from the sale of any or all of such bonds, after the payment of the charges and expenses connected with the preparation and sale thereof, shall be deposited by the Receiver of Taxes and County Treasurer in any depository bank in the State, to the credit of the county government in a separate account and payments thereof shall be made in the same manner as other payments by the county government. No part of the money thus obtained, except as in this section provided, shall be used for any other purpose than those stated in this subchapter and the purchasers or holders of the bonds shall not be bound to see to or be affected by the application of the money realized from the sale of the bonds.
9 Del. C. 1953, §  4160;  57 Del. Laws, c. 748;  59 Del. Laws, c. 345, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 41. GOVERNMENT OF KENT COUNTY › Subchapter V. Parks and Recreation Commission › § 4161. Violations of rules and regulations.

§ 4161. Violations of rules and regulations.
(a) Whoever violates the rules and regulations promulgated by the county government shall be fined not less than $10 nor more than $50 and costs for each offense, or imprisoned not more than 30 days, or both.
(b) All rules and regulations of the county government shall have the effect of law and shall be published in at least 2 newspapers of general circulation in the territory to be affected, at least 30 days prior to the time the rule or regulation becomes effective, except in case of an emergency when the county government shall give such advance notice as it deems necessary or desirable.
(c) Justices of the peace shall severally throughout the State have jurisdiction of violations of the rules and regulations of the county government with the condition that any person arrested for such violation shall be taken before the closest available magistrate in the County where such violation is alleged to have occurred.
9 Del. C. 1953, §  4161;  57 Del. Laws, c. 748.;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4401. Definitions.

§ 4401. Definitions.
As used in this chapter:
(1) “Building” means any structure, building, edifice or part thereof;
(2) “Chief of Building Inspections” means the Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Chief's designee or the Acting Chief of Building Inspections for Kent County as appointed by the Kent County Levy Court or the Acting Chief's designee;
(3) “Construction” means alteration, removal, demolition, addition, repair or construction of any new or old building.
(4) “Person” means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual;
9 Del. C. 1953, §  4401;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4402. Application for construction permits.

§ 4402. Application for construction permits.
(a) No person shall construct or cause to have constructed or commence the construction of a building without first filing with the Chief of Building Inspections an application in writing for such construction and obtaining a permit therefor. Such application shall be made on forms prescribed by the Chief of Building Inspections and shall contain such information as the Chief of Building Inspections shall prescribe.
(b) Permits shall be issued in the name of the owner of the building.
(c) No such permit shall be issued to a nonresident person engaging in business as a contractor, as defined in Chapter 25 of Title 30, in Kent County until the Chief of Building Inspections is satisfied that § 2502(b) of Title 30 has been complied with to the extent applicable.
9 Del. C. 1953, §  4402;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  4;  60 Del. Laws, c. 293, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4403. Reports on permits issued by incorporated cities or towns.

§ 4403. Reports on permits issued by incorporated cities or towns.
Building inspectors or other officers authorized by law to issue permits for construction of any buildings, in any incorporated city or town in Kent County, shall report to the Board of Assessment of Kent County, within 10 days of the date of finalization and/or date of issuance of a certificate of occupancy, every permit issued by them respectively. Every permit shall specify the estimated cost of the proposed construction, and date the permit was finalized and/or a certificate of occupancy was issued.
9 Del. C. 1953, §  4403;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  2;  68 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4404. Inspections.

§ 4404. Inspections.
The Chief of Building Inspections or the Chief's designee shall make the necessary inspections to see that this chapter is complied with and may order or compel the suspension of any work that is not in compliance with this chapter.
9 Del. C. 1953, §  4404;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  3;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4405. Fees.

§ 4405. Fees.
The fees for issuing permits shall be prescribed by the county government.
9 Del. C. 1953, §  4405;  52 Del. Laws, c. 164;  56 Del. Laws, c. 103, §  8;  56 Del. Laws, c. 241, §§  2, 3;  66 Del. Laws, c. 131, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4406. Records.

§ 4406. Records.
(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. 1953, §  4406;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4407. Permits required.

§ 4407. Permits required.
(a) A building permit shall be obtained from the county government for any new construction of any kind including additions or alterations to existing structures.
(b) Before issuing a building permit, the county government may require the builder or homeowner to have a permit for waste disposal from the Division of Environmental Control.
(c) The county government may by resolution waive the requirement for a building permit under specified terms and conditions as may be established by the county government but no waiver shall be permitted where the value of the work to be done exceeds $500.
(d) A building permit shall be required for the construction, erection, placement or alteration of any smokestack, tree, silo, flagpole, elevated tank, power line, radio or television tower, antenna, building, structure or other improvement to real property which:
(1) Is greater than 200 feet in height above ground level;
(2) Is greater in height than an imaginary trapezoidal shape beginning at the end of a runway of a public use airport, at an initial width of 50 feet and extending outward and upward at a slope of 100:
1 for a distance of 20,000 feet, to a width of 3000 feet at its ending point;
(3) Is located within the approach runway area of each public use airport; or
(4) Otherwise acts as an obstruction to the operation of aircraft as those terms are defined in Chapter 6 of Title 2 or by Federal Aviation Regulations (FAR) Part 77 [14 C.F.R. Part 77].
(e) Such building permit for each such object or structure will not be issued until such time as the Department through the Office of Aeronautics has approved the application. The Department of Transportation, through the Office of Aeronautics, shall respond to the county or municipality having land use jurisdiction, regarding any objections it has to the issuance of a building permit, within 30 days of receipt of such permit for review.
9 Del. C. 1953, §  4407;  52 Del. Laws, c. 164;  56 Del. Laws, c. 103, §  9;  59 Del. Laws, c. 199, §  1;  70 Del. Laws, c. 575, §  20;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4408. Notice of violation.

§ 4408. Notice of violation.
(a) Whenever the Chief of Building Inspections is satisfied that a building is being constructed without a permit first being issued therefor, the Chief of Building Inspections may serve a written notice or order upon the person responsible therefor, directing discontinuance of the construction until a permit has been obtained from the Chief of Building Inspections.
(b) No person having been served with such notice or order shall fail within 5 days to comply with the requirements thereof.
9 Del. C. 1953, §  4408;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4409. Occupancy.

§ 4409. Occupancy.
Any building that has been constructed without a permit may not be occupied, maintained or used by any person except with permission of the Chief of Building Inspections.
9 Del. C. 1953, §  4409;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4410. Penalties.

§ 4410. Penalties.
Penalties for offenses in this chapter of the Building Code of Kent County or of violations of this chapter shall be as prescribed by ordinance of the county government of Kent County.
9 Del. C. 1953, §  4410;  52 Del. Laws, c. 164;  66 Del. Laws, c. 131, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4411. County government to appropriate necessary funds.

§ 4411. County government to appropriate necessary funds.
The county government shall annually appropriate to the Chief of Building Inspections such funds that are necessary to carry out this chapter.
9 Del. C. 1953, §  4411;  52 Del. Laws, c. 164;  60 Del. Laws, c. 245, §  4;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4413. Exceptions.

§ 4413. Exceptions.
This chapter, except for § 4403 of this title, shall not apply to structures and properties located within any incorporated city or town in Kent County which has adopted and enforces a building code and building permit procedures.
9 Del. C. 1953, §  4413;  57 Del. Laws, c. 475.;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4414. Enforcement of construction codes; remedies.

§ 4414. Enforcement of construction codes; remedies.
(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.
60 Del. Laws, c. 605, §  2;  65 Del. Laws, c. 304, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 44. BUILDING PERMITS AND CONSTRUCTION CODES › § 4415. Construction using public financial assistance.

§ 4415. Construction using public financial assistance.
No building or structure shall be constructed using public financial assistance in a manner that violates Chapter 42 of Title 31, and no occupancy or use permit shall be issued unless such building or structure complies with Chapter 42 of Title 31.
78 Del. Laws, c. 368, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4501. Definitions.

§ 4501. Definitions.
As used in this chapter, unless a different meaning clearly appears from the context:
(1) “County” means Kent County;
(2) “Revenue bonds” means bonds to the payment of which all or any part of the revenues derived from the operation of any water system are pledged in accordance with this chapter;
(3) “Service charges” means rents, rates, fees or other charges charged or collected under § 4509 of this title;
(4) “Water system” means all real and personal property necessary or useful in the collection, acquisition, treatment, purification and distribution of water, together with any principal or ancillary rights appurtenant thereto.
9 Del. C. 1953, §  4501;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4502. Powers of County.

§ 4502. Powers of County.
In addition to the other powers which it has, the County may, under this chapter:
(1) Plan, construct, acquire by gift, purchase, or the exercise of the right of eminent domain, reconstruct, improve, better or extend any water system, and acquire by gift, purchase, or the exercise of the right of eminent domain, land or rights in land in connection therewith;
(2) Operate and maintain any water system and furnish the services and facilities rendered or afforded thereby;
(3) Issue its negotiable or nonnegotiable bonds to finance, either in whole or in part, the cost of the planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any water system, pledging the full faith and credit of the County to the punctual payment of the bonds and the interest thereon;
(4) Pledge to the punctual payment of the bonds and the interest thereon an amount of the revenues derived from the operation of such water system (including the revenues of the existing facilities, if any, comprising a water system which is being improved, bettered, extended or acquired, and the revenues to be derived from any improvements, betterments, extensions, thereafter constructed or acquired), or of any part of any such water system, sufficient to pay, on either equal or priority basis, the bonds and interest as the same become due and create and maintain reasonable reserves therefor, which amount may consist of all or any part or portion of such revenues;
(5) Accept from any authorized agency of the state or federal government, or from persons, firms, or corporations, grants or contributions for the planning, construction, acquisition, lease, reconstruction, improvement, betterment or extension of any water system and enter into agreements with such agency respecting such loans and grants;
(6) Enter into and perform a contract or contracts with any person, municipality, or agency of the state or federal government for the sale, purchase, treatment, purification, transmission or distribution of water.
9 Del. C. 1953, §  4502;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;
2023 Delaware Code › Title 9 - Counties › Chapter 45. SEWERS AND WATER › Subchapter I. General Provisions › § 4503. Water system within city or town.

§ 4503. Water system within city or town.
No water system, or any part thereof, shall be constructed or maintained within the boundaries of any city or town situated in the County without the consent of such city or town, except that transmission lines or mains may be constructed or maintained without consent. The consent shall be given only by an ordinance adopted by the council or other governing body of the city or town in question, but once given shall be irrevocable.
9 Del. C. 1953, §  4503;  55 Del. Laws, c. 255;  56 Del. Laws, c. 103, §  12;