reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter V. General Provisions › § 1182. Personal financial interest.

§ 1182. Personal financial interest.
(a) Any county officer or employee who has a substantial financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the County or in the sale of any land, material, supplies or services to the County or to a contractor supplying the County, shall make known that interest and shall refrain from voting upon or otherwise participating in the making of such a contract or sale.
(b) Any county officer or employee who wilfully conceals such a substantial financial interest, or wilfully violates the requirements of this section, shall be guilty of malfeasance in office or position and shall forfeit his or her office or position.
(c) Violation of this section with the knowledge express or implied of the person or corporation contracting with or making a sale to the County shall render the contract voidable by the County Executive or the County Council.
9 Del. C. 1953, §  1182;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter V. General Provisions › § 1183. Prohibitions and penalties.

§ 1183. Prohibitions and penalties.
(a) The following prohibitions apply:
(1) A person may not be appointed to, or removed from, or in any way favored or discriminated against with respect to, any county position, or appointive county administrative office, because of race, or color, or national origin, political or religious opinions or affiliations, sex, sexual orientation, or gender identity. For purposes of this subsection:
a. “Protective hairstyle” includes braids, locks, and twists.
b. “Race” includes traits historically associated with race, including hair texture and a protective hairstyle.
(2) A person may not, wilfully or corruptly, make any false statement, certificate, mark, rating, or report in regard to any test, certification or appointment under the personnel provisions of this chapter, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the personnel provisions or of the rules and regulations made under this chapter.
(3) A person who seeks appointment or promotion with respect to any county position or appointive county administrative office may not, directly or indirectly, give, render, or pay any money, service, or other valuable thing to any person for, or in connection with, that person's test, appointment, proposed appointment, promotion, or proposed promotion.
(b) Any person who by himself or herself or with others wilfully or corruptly violates this section shall be fined not more than $500, or imprisoned for not more than 1 year, or both. Any person convicted under this section shall be ineligible, for a period of 5 years thereafter, to hold any county office or position and, if that person is an officer or employee of the County, that person shall immediately forfeit his or her office or position. The Superior Court shall have exclusive original jurisdiction over offenses under this section.
9 Del. C. 1953, §  1183;  55 Del. Laws, c. 85, §  1;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 90, §  12;  79 Del. Laws, c. 47, §  14;  83 Del. Laws, c. 13, § 4;
2023 Delaware Code › Title 9 - Counties › Chapter 11. COUNTY EXECUTIVE AND COUNTY COUNCIL › Subchapter V. General Provisions › § 1184. Public right of inspection of public records.

§ 1184. Public right of inspection of public records.
(a) County records, the disclosure of which would invade a person's right of privacy, hinder law enforcement, endanger the public safety, or breach a legally recognized duty of confidence, or the nondisclosure of which is legally privileged, or which have been prepared for or by the County Attorney for use in actions or proceedings to which the County is or may be a party, shall not be available for public inspection.
(b) Except as provided in this section, all other county records shall be open for public inspection, but the officer, department, board or commission, or other governmental agency of the County having the care and custody of such records, may make reasonable regulations governing the time, place and manner of their inspection, and for purposes of archival preservation, copies of county records may be substituted in lieu of original records.
9 Del. C. 1953, §  1184;  55 Del. Laws, c. 85, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter I. Department of Land Use › § 1302. Definitions.

§ 1302. Definitions.
In this subchapter:
(1) “Inspection” shall mean any inspection, test or examination to which any person is subject as an applicant for, or a holder of, a license, or to which any property is subject under any statute, ordinance or regulation which it is the duty of the County Executive or of any other officer, department or board to enforce.
(2) “License” shall mean any license or permit required by statute, ordinance or regulation to be obtained from any county officer, department or board as a prerequisite to engaging in any activity or having possession of or using any property.
9 Del. C. 1953, §  1362;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter I. Department of Land Use › § 1303. Planning Board.

§ 1303. Planning Board.
(a) The Planning Board shall consist of 9 members. The County Executive, with the advice and consent of County Council, shall appoint 8 members who shall serve for terms of 3 years, provided that the terms of at least 2 members shall expire each year, at least 1 term to expire on January 31, and 1 term to expire on July 31.
(b) The County Executive, with the advice and consent of County Council, shall appoint 1 member who shall be chairperson and who shall serve at the pleasure of the County Executive.
(c) The compensation of the members of the Planning Board shall be determined by the County Council of New Castle County.
71 Del. Laws, c. 401, §  59;  72 Del. Laws, c. 369, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter I. Department of Land Use › § 1304. Functions of Planning Board.

§ 1304. Functions of Planning Board.
The Planning Board shall perform the following functions:
(1) Consult with the general manager concerning the performance of such of the functions of the Department as either the Board or the general manager shall deem appropriate. To this end, the general manager shall keep the Board informed concerning the work of the Department and shall, at the request of the Board, furnish it such information as it may reasonably require in the performance of this function.
(2) Review the proposed comprehensive development plan, proposed zoning plan changes, proposed subdivision regulations, and all amendments thereto, and upon completion of its consideration of any of these, the Board shall recommend to the County Council such action as the Board shall deem appropriate.
9 Del. C. 1953, §  1343;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter I. Department of Land Use › § 1305. Adoption and effectuation of comprehensive plan.

§ 1305. Adoption and effectuation of comprehensive plan.
(a) After preparation of the comprehensive development plan by the Department and approval by the Planning Board, the plan shall be reviewed by the County Executive and presented to the County Council. The County Council shall hold public hearings on the proposed plan or portions thereof in the same manner and under the same procedure required for the consideration and adoption of ordinances. The County Council may adopt all or any portions of the comprehensive development plan.
(b) After adoption of all or portions of the comprehensive development plan by the County Council, the plan shall be viewed as a document expressing the general policies and intentions of the County Council with respect to the future development of the County. It shall not have the force and effect of a law or ordinance. After adoption of all or parts of the plan by the County Council, any proposed action of the County Council relating to:
(1) The location, opening, vacation, extension, widening, narrowing or enlargement of any public ground, pierhead or watercourse or street;
(2) The location, erection, demolition, removal or sale of any public structure; or
(3) The adoption, repeal or amendment of an official map, subdivision and land development ordinance, or zoning ordinance
shall be taken in compliance with the following requirements:
(i) The proposed actions shall be submitted to the department for recommendations, provided that the County Council may act without benefit of the Department's recommendations if they are not submitted within 45 days, and (ii) the County Council shall find that the proposed actions are in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan before final action shall be taken by the County Council. When the County Council finds that a proposed action is not in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan it shall amend the plan to make the action taken and the comprehensive development plan consistent with each other.
9 Del. C. 1953, §  1344;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter I. Department of Land Use › § 1306. Legal effect of subdivision regulations.

§ 1306. Legal effect of subdivision regulations.
All proposed subdivisions of land to be made after the adoption of regulations governing subdivision of land shall be submitted to the Department for approval for conformity to the subdivision regulations and no such proposed subdivision shall be made or recorded unless approved by the Department. Approval of a plat of a subdivision shall constitute an acceptance on behalf of the County of any street or open space for public use shown on the plat but shall not constitute a taking of the property for public use. Acceptance of the street or open space for public use shall not within itself define the responsibilities of the State or the County in the paving, maintenance, cleaning or lighting of such street or open space.
9 Del. C. 1953, §  1345;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter I. Department of Land Use › § 1307. Planned street lines and public parks; official map.

§ 1307. Planned street lines and public parks; official map.
(a) Upon the recommendation of the Department, the County Council, by ordinance, may adopt an official map containing:
(1) The exact location of the planned lines of street widenings and extensions, or of future streets;
(2) The lines of all public streets then existing which have been established by law;
(3) All planned streets or street lines previously adopted under this section;
(4) All streets or street lines as located on the final or recorded plats of subdivisions as previously approved by the Department;
(5) All existing or planned public parks and other public open spaces.
(b) After adoption of the official map or street plan, no amendments thereto showing the location of a planned or mapped street shall be adopted before public notice shall have been given to the owners of record of the land upon which, or abutting which, lies the future street lines designated upon the plan.
(c) Any map or plan adopted prior to May 26, 1965, under Chapter 25 of this title, shall remain in effect until the County Council acts under the provisions of subsection (a) of this section.
9 Del. C. 1953, §  1346;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 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;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter II. Police Department › § 1335. Fire prevention outside of incorporated towns.

§ 1335. Fire prevention outside of incorporated towns.
The County Council of New Castle County may make provisions for the prevention and extinguishment of fires in New Castle County outside of the corporate limits of any incorporated city or town, and for such purpose enter into contracts with any fire company authorized by the State Fire Prevention Commission for the supplying of water, property and services necessary or incident to the prevention and extinguishment of such fires including the services of any incorporated fire company operating and maintaining apparatus for the extinguishment of fires within New Castle County.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter II. Police Department › § 1336. Establishment of school crossing guard unit for New Castle County.

§ 1336. Establishment of school crossing guard unit for New Castle County.
Upon the authorization of the County Council, the Police Department of New Castle County may appoint and maintain, within each school district, after approval of each school district in New Castle County, school crossing guards, in such number as may, in the judgment of the school district, be necessary for the safe passage of school children over the public streets and highways of New Castle County outside the City of Wilmington.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter II. Police Department › § 1337. Duties; compensation; uniform.

§ 1337. Duties; compensation; uniform.
(a) The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other locations deemed necessary as directed by the Police Department for the purpose of assisting school children in safe passage across streets and highways.
(b) The guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross safely the streets and highways.
(c) In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company's records as driving a company car is responsible for the violation.
(d) The guards shall be subject to such rules and regulations as prescribed by the Police Department.
(e) The Police Department shall provide and maintain an appropriate uniform.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter II. Police Department › § 1338. Coordination with school boards.

§ 1338. Coordination with school boards.
In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of the respective districts in which the crossing guards shall be employed.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter II. Police Department › § 1339. Levy and collection of tax.

§ 1339. Levy and collection of tax.
(a) In order to carry out this chapter, the County Council of New Castle County may levy in any school district with respect to which school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and maintenance of school crossing guards employed within said school district.
(b) Such taxes shall be collected by the same collector, at the same time and in the same manner as other County taxes.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter III. Department of Special Services › § 1342. Department of Special Services Board.

§ 1342. Department of Special Services Board.
The Department of Special Services Board shall consist of 9 members. The County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall serve at the pleasure of the County Executive.
The Board shall advise the general manager at the Department of Special Services on issues related to the functions of the Department.
Subcommittees that are directly related to functions of the Department may be established.
Board members shall be persons of recognized character and ability who meet the qualifications of the Department.
Five members of the Board constitute a quorum. A quorum is required for any action or recommendation of the Board.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter IV. Department of Community Services › § 1351. Functions.

§ 1351. Functions.
The Department of Community Services, managed by the general manager of the Department, who shall be qualified for the position by education, experience and training, may perform the following functions:
(1) Undertake and execute or supervise the execution of all programs related to library functions, recreational/sports and athletic activities, community development and housing, senior programs, and any or all other community related programs authorized by County administrators;
(2) Administer community services programs offering every resident of New Castle County equal access to services, resources and guidance in their use;
(3) Receive, accept, administer and expend, according to the County budget, any moneys, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments by any source, public or private, in accordance with the terms thereof, for the purposes provided in this division;
(4) Plan, supervise and conduct a program of parks and park-related activities for all of the parks in the County; and
(5) Perform all other activities pertinent to its organizational functions.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter IV. Department of Community Services › § 1352. Department of Community Services Board.

§ 1352. Department of Community Services Board.
The Department of Community Services Board shall consist of 9 members. County Council, with the advice and consent of the County Executive, shall appoint 8 members, who shall serve for a term of 3 years, provided that the terms of the original members shall be established in a manner that 3 shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall serve at the pleasure of the County Executive.
The Board shall advise the general manager of the Department of Community Services on issues relating to the functions of the Department.
Subcommittees that are directly related to functions of the Department may be established.
Board members shall be persons of recognized character and ability who meet the qualifications of the Department.
Five members of the Board constitute a quorum. A quorum is necessary for any action or recommendation of the Board.
The Library Advisory Board shall serve as a subcommittee to the Department of Community Services Board. Two members of the Library Advisory Board shall be appointed to the Department of Community Services Board. The chairperson of the Library Advisory Board shall recommend 2 sitting members of the Board for consideration by the County Council for County Council appointments to the Department of Community Services Board.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter V. Department of Administration › § 1361. Office of Administrative Services; functions.

§ 1361. Office of Administrative Services; functions.
The Office of Administrative Services, managed by the Chief Procurement Officer, who shall be qualified for the position by education, experience and training, may perform the following functions:
(1) The Purchasing Section is responsible for obtaining goods and services for public purposes according to the laws and procedures intended to provide for the economical expenditures of public funds.
(2) The Information Systems Section provides technical leadership to the County by assisting the departments in meeting their business requirements through equipment and application software.
(3) The Mail Distribution and Printing Section provides full mail service and in-house printing services to all County agencies.
71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter V. Department of Administration › § 1371. Office of Finance; functions.

§ 1371. Office of Finance; functions.
The Office of Finance, managed by the Chief Financial Officer, who shall be qualified for the position by education, training and experience, may perform the following functions:
(1) Prepare tax rolls and bills, including those required by any municipality, school district, or special district lying within or partially within the County if so authorized by law or such districts;
(2) Collect all taxes, license and permit fees, and other moneys that may be due to or receivable by the County, or any of its offices, departments or boards, provided that the Chief Financial Officer may, by rule, authorize the receipt of moneys directly by offices, departments, or boards, or may assign employees of departments to make such collections;
(3) Collect, when directed or authorized by law, all taxes, license and permit fees, and other moneys that may be receivable by the State, or by any public office, department or board not subject to the provisions of this title;
(4) Institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law;
(5) Issue appropriate bills, assist in the issuance and servicing of indebtedness in connection with assessable improvements, and be responsible for the collection, custody, and payment of all moneys in connection therewith;
(6) Issue receipts for moneys collected by the Office;
(7) Maintain the treasury of the County, and deposit the moneys belonging thereto or in the custody thereof in any depository bank, to the credit of the County;
(8) Designate, with the approval of the Clerk of the County Council, the bank or banks to be used as County depositories and require them to fulfill all conditions prescribed by law or ordinance;
(9) Invest funds deemed by the Chief Financial Officer available for temporary investment in such obligations or in such manner as the County Executive may authorize;
(10) Assist in the issuance of all general and special bonds or other evidence of indebtedness of the County and service such debt in accordance with law and terms of indentures relating thereto;
(11) Make disbursements and payments of claims that it finds to be in correct amount, and justly due, and in accordance with prior authorizations adopted under the terms of the title or other state law;
(12) Prepare payrolls and supervise the preparation of related documents;
(13) Prepare and issue all checks;
(14) Keep accurate and complete accounts of all receipts and disbursements;
(15) Provide information pertaining to the financial affairs of the County;
(16) Perform such other functions as may be required of the Chief Financial Officer by this title, or other state law, or which may be assigned in writing by the County Executive.
9 Del. C. 1953, §  1301;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter V. Department of Administration › § 1372. Sworn information.

§ 1372. Sworn information.
The Chief Financial Officer may require from any officer or employee of the County, or any claimant, such sworn information as may be necessary for the proper performance of the functions of the Office.
9 Del. C. 1953, §  1302;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;
2023 Delaware Code › Title 9 - Counties › Chapter 13. COUNTY DEPARTMENTS › Subchapter V. Department of Administration › § 1373. General provisions relating to levy, billing and collection of taxes.

§ 1373. General provisions relating to levy, billing and collection of taxes.
It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Receiver of Taxes and County Treasurer under this title prior to January 3, 1967.
9 Del. C. 1953, §  1310;  55 Del. Laws, c. 85, §  2;  71 Del. Laws, c. 401, §  59;