reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2319. Grants or loans from federal, state or interstate agencies.

§ 2319. Grants or loans from federal, state or interstate agencies.
The County Council may accept grants or loans of money, labor, materials, equipment or technical assistance from agencies of the federal or state government or from interstate agencies established by law, to accomplish the purposes of this chapter and may pay the interest and amortization on such loans in the same manner as is authorized in this chapter for bonds.
Code 1935, §  1170J;  45 Del. Laws, c. 113, §  1;  47 Del. Laws, c. 178, §  1;  9 Del. C. 1953, §  2319;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2320. Validation of prior acts and proceedings.

§ 2320. Validation of prior acts and proceedings.
All proceedings taken and all acts done prior to June 2, 1949, purporting to establish any sanitary district for the purposes set forth in Article 1, Chapter 43, Revised Code of the State of Delaware, 1935, as amended by Chapter 113, Volume 45, Laws of Delaware, by either the County Council of New Castle County or by other officers or agencies of the County, are legalized, validated and confirmed, notwithstanding any error or omission or irregularity in the acts or proceedings, or in any petition submitted to the County Council under such act, or any lack of authority therefor; provided:
(1) The County Council shall have fixed the boundaries of such sanitary district after holding a public hearing at which all interested persons, officials, residents, voters, taxpayers, property owners or other persons or corporations in any way affected were afforded an opportunity to be heard on any question dealing with the location of the boundaries of the district, and
(2) Such public hearing shall have been previously advertised by posting notice thereof in 1 or more public places within such district at least 10 days prior to such public hearing and by publishing a copy of such notice in a newspaper published within New Castle County and having a general circulation therein, once in each of the 2 weeks immediately preceding the week in which such public hearing was held, and
(3) A majority of the voters voting at an election held in such district by order of the County Council shall have voted for the establishment of the district.
47 Del. Laws, c. 178, §  2;  9 Del. C. 1953, §  2320;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 23. SANITARY SEWER DISTRICTS › § 2321. Order to connect to sanitary sewer; enforcement.

§ 2321. Order to connect to sanitary sewer; enforcement.
(a) The County Council may, where it deems it necessary to the preservation of public health, order the owner of any lot or parcel of land within a sanitary district which abuts upon a street or other public way containing a sanitary sewer, which is part of or which is served or may be served by the county sewerage system and upon which lot or parcel of land a building shall have been constructed for residential, commercial or industrial use, to connect such building with such sanitary sewer.
(b) If any owner shall fail to comply within 60 days with such order to connect with a sanitary sewer, the County Council shall forthwith institute action in a Justice of the Peace Court in New Castle County or in the Court of Chancery of the State to compel compliance with such order.
9 Del. C. 1953, §  2321;  49 Del. Laws, c. 54;  55 Del. Laws, c. 85, §  15;  71 Del. Laws, c. 401, §  15;  77 Del. Laws, c. 303, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2401. Acquisition of land generally; construction and operation of incineration or garbage disposal plant.

§ 2401. Acquisition of land generally; construction and operation of incineration or garbage disposal plant.
The County Council may acquire land or any interest therein at any place within the County that it deems advisable and may construct and operate upon the land so acquired an incineration or garbage disposal plant or plants. The County Council may enter into contracts and agreements with persons, firms or corporations relative to the purchase of the land and to the building, constructing and equipping of an incineration or garbage disposal plant or plants and may require from such persons, firms or corporations proper security for the faithful performance of the work to be done. The County Council may engage the services of competent architects and engineers in connection with the construction of the plant or plants and shall award any contract to the lowest responsible bidder with the right to reject any and all bids.
48 Del. Laws, c. 377, §  1;  9 Del. C. 1953, §  2401;  55 Del. Laws, c. 85, §§  16A-16C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2402. Acquisition by purchase or eminent domain; condemnation proceedings.

§ 2402. Acquisition by purchase or eminent domain; condemnation proceedings.
(a) The County Council may acquire the land or interest therein either by purchase or by the exercise of the right of eminent domain which is expressly granted. In any case in which the County Council considers it necessary to acquire the land or interest therein by the right of eminent domain, the County Council shall proceed in accordance with the procedure prescribed in Chapter 61 of Title 10.
(b) The right of eminent domain granted in subsection (a) of this section shall extend to and include the right to acquire the fee simple title to land, or an easement or a right-of-way in, to, over or above such land or property as the County Council deems necessary.
(c) Upon the institution of condemnation proceedings, the County Council may state in the complaint that the possession, right to enter, or occupancy of the land or interest therein is necessary to the project without delay, and the title to the land in fee simple absolute, or such lesser estate or interest therein, as may be specified, shall immediately pass to and vest in New Castle County, and said lands or interest therein shall be deemed to be condemned and taken for the use of such County, and the right to just compensation therefor shall vest in and to the person or persons entitled thereto. In the event of an immediate taking as specified in this subsection, the Superior Court may fix the time within which and the terms upon which the parties in possession shall be required to surrender possession to the County, and make such orders in respect to incumbrances, leases, taxes, rights, assessments, insurance or other charges, if any, as shall be just and equitable. The right to take possession and title in advance of final order or judgment in condemnation proceedings as provided in this subsection shall be in addition to any right, power or authority conferred by the laws of this State under which such proceedings may be conducted, and shall not be construed as limiting or modifying any such right, power or authority.
48 Del. Laws, c. 377, §  2;  9 Del. C. 1953, §  2402;  55 Del. Laws, c. 85, §§  16A-16C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2403. Powers of County Council as to operation of plant; regulations and charges for service.

§ 2403. Powers of County Council as to operation of plant; regulations and charges for service.
(a) The County Council may enter into contracts, leases or agreements of any nature pertaining to the operation of the incineration and garbage disposal plant or plants, including the right to sell such portion of land acquired as may not be necessary to use. The power to contract shall include the power to contract with any governmental agency of any sort whatsoever and to receive grants-in-aid from any such agency or any other person or organization.
(b) The County Council may adopt regulations and establish fees and charges for the services rendered by the said incineration and garbage disposal plant or plants.
48 Del. Laws, c. 377, §  3;  9 Del. C. 1953, §  2403;  55 Del. Laws, c. 85, §§  16A-16C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2404. Power to borrow money and issue bonds; interest rates.

§ 2404. Power to borrow money and issue bonds; interest rates.
The County Council may borrow money upon the faith and credit of the County as provided in this chapter for the purpose of acquiring land and property for the establishment of an incineration and garbage disposal plant or plants and for the construction of such a plant or plants in the County and for the purpose of securing the payment of such sum to issue bonds in such denominations and bearing such rate of interest, not exceeding 5 percent per annum, and in such form as the County Council shall deem expedient. The interest upon said bonds shall be payable semiannually in each and every year after the date of issuance thereof.
48 Del. Laws, c. 377, §  4;  9 Del. C. 1953, §  2404;  49 Del. Laws, c. 353;  55 Del. Laws, c. 85, §§  16A-16C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2405. Terms of bonds.

§ 2405. Terms of bonds.
The County Council shall decide upon and determine the form and time or times of maturity of the bonds provided that no bond shall be issued for a term exceeding 25 years. The bonds may or may not at the option of the County Council 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 Council prior to the issuance of the bonds. The bonds shall contain such other provisions, not inconsistent with the requirements of this chapter, as the County Council may deem expedient.
48 Del. Laws, c. 377, §§  5, 9;  9 Del. C. 1953, §  2405;  55 Del. Laws, c. 85, §§  16A-16C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2406. Execution and record of bonds.

§ 2406. Execution and record of bonds.
The bonds shall be prepared under the supervision of the County Council and shall be signed by the Department of Finance and the County Executive, and shall be under the seal used by the County Council of New Castle County. Such officers shall execute the bonds when directed by the County Council to do so. The Department of Finance and the County Council shall keep a record of the bonds.
48 Del. Laws, c. 377, §  6;  9 Del. C. 1953, §  2406;  55 Del. Laws, c. 85, §§  16A-16D;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2407. Sale of bonds.

§ 2407. Sale of bonds.
The bonds or any part thereof may be sold when and as the County Council by resolution determines and until sold shall remain in the custody of the Department of Finance. Whenever in the judgment of the County Council it is deemed advisable that any part or all of the bonds shall be sold, the County Council 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 Council for effecting the sale or negotiation of such bonds.
48 Del. Laws, c. 377, §  7;  9 Del. C. 1953, §  2407;  55 Del. Laws, c. 85, §§  16A-16C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2408. Principal and interest payments; taxes.

§ 2408. Principal and interest payments; taxes.
(a) The principal of and interest on the bonds shall be payable when due and payable from money appropriated from time to time by New Castle County.
(b) The County Council 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 Department of Finance be set apart by it in a separate account to be opened for that purpose; and the Department of Finance shall apply the said sum annually to the payment of such part of said loan and interest thereon as may from time to time become due under this chapter.
48 Del. Laws, c. 377, §  8;  9 Del. C. 1953, §  2408;  55 Del. Laws, c. 85, §§  16A-16C;  63 Del. Laws, c. 142, §  18;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2409. Deposit and use of proceeds of sale of bonds; liability of purchasers or holders.

§ 2409. Deposit and use of proceeds of sale of bonds; liability of purchasers or holders.
(a) 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 Department of Finance in a state or national bank designated by New Castle County, to the credit of the County Council of New Castle County in a separate account and payments thereof shall be made in the same manner as other payments by the County Council. 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 chapter.
(b) 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.
48 Del. Laws, c. 377, §  9;  9 Del. C. 1953, §  2409;  55 Del. Laws, c. 85, §§  16A-16C;  63 Del. Laws, c. 142, §  19;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 24. GARBAGE DISPOSAL › § 2411. Definitions.

§ 2411. Definitions.
The words “garbage disposal plant or plants” wherever used in this chapter include incineration, sanitary landfill, garbage grinding plants, composting for disposal of garbage, or any other means of garbage disposal which shall conform with reasonable standards of sanitary engineering.
9 Del. C. 1953, §  2411;  52 Del. Laws, c. 89.;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2501. Definitions.

§ 2501. Definitions.
As used in this chapter unless a different meaning clearly appears from the context:
(1) “Building” means a structure having a roof and intended to shelter persons, animals, property or a business activity. The word “building” shall be construed to include parts thereof and all equipment therein.
(2) “Building sewer system” means equipment, appliances, pipes, fittings, fixtures and other appurtenances that convey liquid and water-carried waste from the building or structure to a public sewer, private sewer, individual sewage disposal system or other point of disposal.
(3) “Construction,” “construct” or “constructed” means the building, installation, alteration, repair, replacement, maintenance, removal or demolition of a building, structure, mechanical system, fuel gas system, plumbing system, building sewer or similar system, or the components thereof.
(4) “Contractor” means a person engaged in construction activity regulated by the New Castle County Building Code.
(5) “County Council” shall mean the County Council for New Castle County.
(6) “Department of Land Use” shall mean the New Castle County Department of Land Use.
(7) “Fuel gas system” shall mean natural or liquid gas appliances and related accessories, including gas piping extending from the point of delivery to the inlet connections of appliances.
(8) “Mechanical system” shall mean a system permanently installed and utilized to provide for the control of environmental conditions and related processes within buildings and structures, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy related systems.
(9) “Permit” includes any building permit, license, zoning permit, certificate of occupancy, certificate of use, certificate of completion, subdivision approval and any other official action of government having the effect of permitting construction, occupancy or use.
(10) “Plumbing system” means the equipment, appliances, pipes, fittings, fixtures and other appurtenances in or about a building or structure for bringing in the water supply and removing liquid and water-carried waste.
(11) “Structure” shall mean a man made object having an ascertainable stationary location on land or in water, whether or not affixed to the land.
75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2502. Promulgation of building code.

§ 2502. Promulgation of building code.
The County Council, in order to provide for the health and safety of the citizens of New Castle County, shall promulgate rules and regulations, to be known as the New Castle County Building Code, controlling, regulating and supervising persons engaged in construction activities and providing for matters concerning, affecting or relating to home improvement contracts and to the construction, use or occupancy, location and maintenance of buildings and structures located in New Castle County and the mechanical systems, fuel gas systems, plumbing systems, building sewer systems or similar systems, or components thereof, within or about such buildings and structures.
44 Del. Laws, c. 84, §  2;  16 Del. C. 1953, §  8301;  50 Del. Laws, c. 204, §  1;  53 Del. Laws, c. 348, §  1;  75 Del. Laws, c. 85, §  5;  78 Del. Laws, c. 334, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2503. Existing building; application to.

§ 2503. Existing building; application to.
No provision as adopted by the County Council shall be construed to require any change in, alteration of or addition to a legally existing building or structure or the premises connected therewith, unless specially stated to so apply.
44 Del. Laws, c. 84, §  4;  16 Del. C. 1953, §  8302;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2504. Registration and testing of contractors.

§ 2504. Registration and testing of contractors.
The County Council may promulgate rules and regulations requiring persons engaged in construction activity regulated by the New Castle County Building Code to register with the Department of Land Use and take such tests or examinations necessary to demonstrate that such persons are competent to complete regulated work in a safe and sanitary manner.
75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2505. Fees.

§ 2505. Fees.
The County Council shall adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement of the New Castle County Building Code including fees for the issuance of permits, inspections and registration. The basis for establishing building permit costs shall be limited to the building or structure and its functional parts including its mechanical system, fuel gas system, plumbing system, building sewer system or any other similar system within or about such building or structure.
44 Del. Laws, c. 84, §  13;  16 Del. C. 1953, §  8312;  53 Del. Laws, c. 348, §  2;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2506. Department of Land Use; administration and enforcement.

§ 2506. Department of Land Use; administration and enforcement.
The Department of Land Use shall have the power and authority to administer and enforce all provisions of the New Castle County Building Code as promulgated by the County Council except as otherwise provided for by this chapter or by rule and regulation adopted by County Council.
75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2507. Inspections and certifications of compliance.

§ 2507. Inspections and certifications of compliance.
Inspections required under the provisions, rules and regulations adopted by the County Council shall be made by the Department of Land Use. In the case of the inspection of elevators, fuel oil equipment or electric wiring, the Department of Land Use may accept reports of inspectors of casualty companies or of other recognized inspection services after investigation of their qualifications and reliability. Certifications required under the provisions, rules and regulations adopted by the County Council shall be in writing and certified over the signature of the person verifying that the provisions of the New Castle County Building Code are complied with and that there are no unsafe conditions.
44 Del. Laws, c. 84, §  9;  16 Del. C. 1953, §  8307;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2508. Records.

§ 2508. Records.
(a) The Department of Land Use shall keep a careful and comprehensive record of applications, of permits issued, of inspections made, of reports rendered and of notices or orders issued. The Department of Land Use shall retain on file copies or electronic versions of all papers in connection with building work so long as any part of the building or structure to which they relate may be in existence, except that construction plans for buildings or structures of less than $200,000 value need not be retained after work shown on such plans has been completed and has been approved and accepted. The Department of Land Use shall keep a record of all violations of any rules or regulations promulgated by the County Council, with the name of the owner or builder and the location where such violations are found.
(b) All records shall be open to public inspection at the discretion of the Department of Land Use and subject to the Delaware Freedom of Information Act [Chapter 100 of Title 29] but shall not be removed from the Department.
44 Del. Laws, c. 84, §  10;  16 Del. C. 1953, §  8308;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2509. Construction of buildings, structures and equipment; use and occupancy.

§ 2509. Construction of buildings, structures and equipment; use and occupancy.
(a) No building or structure shall be constructed by a registered contractor or an individual holding a permit as provided for in this chapter, nor shall the equipment and materials that are part of or related to the electrical system, mechanical system, fuel gas system, plumbing system, building sewer system or similar system in or about a building or structure, be constructed except in compliance with the provisions of the New Castle County Building Code as promulgated by the County Council.
(b) No building or structure shall be constructed in any manner that would be in violation of the New Castle County Building Code as promulgated by the County Council or of any authorized order or rule of the Department of Land Use made and issued thereunder.
(c) No building or structure shall be used or occupied, in whole or in part, and no change to the existing use or occupancy classification of a building or structure or portion thereof shall be made until the Department has issued an occupancy or use permit.
(d) No equipment or material that is part of or related to the electrical system, mechanical system, fuel gas system, plumbing system, building sewer system or similar system, in or about a building or structure, and for which a permit is required for the construction of said equipment, material or system, may be put into use or operation until the Department has issued a permit or certificate allowing its use or operation.
(e) 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.
44 Del. Laws, c. 84, §§  3, 4;  16 Del. C. 1953, §  8310;  75 Del. Laws, c. 85, §  5;  78 Del. Laws, c. 368, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2510. Application for permits.

§ 2510. Application for permits.
No person shall commence construction of a building or structure, or any electrical system, mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, within or about a building and structure, where such construction is regulated by the New Castle County Building Code, without first filing with the Department of Land Use an application in writing for such issuance of the building permit. The Department of Transportation, through the Office of Aeronautics, shall respond to the Department of Land Use regarding any objections to the issuance of a building permit, within 30 days of the Department of Transportation's receipt of such permit for review.
44 Del. Laws, c. 84, §  12;  16 Del. C. 1953, §§  3005, 8311;  55 Del. Laws, c. 49;  57 Del. Laws, c. 754, §§  3, 4;  60 Del. Laws, c. 293, §  3;  69 Del. Laws, c. 182, §  1;  70 Del. Laws, c. 575, §  19;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2511. Use and maintenance of building or structure erected in violation of code.

§ 2511. Use and maintenance of building or structure erected in violation of code.
(a) No person shall maintain, occupy or use a building or structure or part thereof that has been constructed in violation of this chapter or of any of the provisions, rules or regulations delineated in the New Castle County Building Code as adopted by the County Council of New Castle County pursuant to the purpose of this chapter or constructed in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department or in violation of any order of the Department.
(b) A person who has constructed or is maintaining such a building or structure or constructed a mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, shall remove the building, structure or system or cause the same to be removed. If such person fails to do so, the Department of Land Use may remove such unlawful building, structure or system or cause the same to be removed or altered to comply with the law. Whatever expense shall be incurred in relation thereto shall be paid by the Office of Finance out of the moneys in the Treasury; and the owner or owners shall be jointly and severally liable to New Castle County for the full amount so expended. New Castle County may maintain an action at law against such owner or owners to recover the sums of moneys so expended, plus lawful interest and costs.
44 Del. Laws, c. 84, §  5;  16 Del. C. 1953, §  8314;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2512. Violation of regulations or chapter; notices and orders.

§ 2512. Violation of regulations or chapter; notices and orders.
(a) For the purpose of enforcing compliance with the provisions of the New Castle County Building Code, the requirements of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in existing buildings, the Department of Land Use shall issue such rules, notices or orders as may be necessary.
(b) Whenever the Department of Land Use is satisfied that a building or structure, mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, or any work in connection therewith, the construction of which is regulated, permitted or forbidden by any of the rules or regulations as adopted by the County Council, is being constructed in violation or rules, regulations or requirements as promulgated by the County Council or in violation of a permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or order of the Department of Land Use, the Department of Land Use may serve a written notice or order upon the person responsible therefore directing discontinuance of each illegal action and the remedying of the condition which is in violation of the provisions, regulations or requirements as adopted by the County Council or required by permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use or by order of the Department of Land Use.
(c) No person having been served with such a notice or order shall fail within 5 days to comply with the requirements thereof unless the Department of Land Use determines that such violation cannot be cured within such time and clearly delineates additional time for compliance.
(d) Whenever in the opinion of the Department, by reason of defective or illegal work in violation of a provision or requirement adopted by the County Council of New Castle County, or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use or in violation of any order of the Department of Land Use or the continuance of a building operation is contrary to public welfare, the Department may order, in writing, that all further work be stopped immediately and may require suspensions of work until the condition in violation has been remedied.
44 Del. Laws, c. 84, §  14;  16 Del. C. 1953, §  8313;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2513. Penalties.

§ 2513. Penalties.
The owner of a building, structure or premises in violation of this chapter or the rules or requirements as promulgated by the County Council or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or in violation of an order of the Department of Land Use, and any architect, builder, contractor, agent, person or corporation employed in connection therewith and who has participated or assisted in the commission of such violation shall each be fined not more than $1,000 for each offense and each and every day such violation continues shall constitute a separate offense.
44 Del. Laws, c. 84, §  15;  16 Del. C. 1953, §  8315;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2514. Abatement proceedings.

§ 2514. Abatement proceedings.
The imposition of the penalties in this chapter shall not preclude the Attorney General, County Attorney or Code Enforcement Constable from instituting appropriate actions or proceedings to prevent the unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, or to restrain, correct or abate a violation, or to prevent the occupancy of a building, structure or premises, or to prevent an illegal act, conduct, business or use in or about any premises.
44 Del. Laws, c. 84, §  16;  16 Del. C. 1953, §  8316;  75 Del. Laws, c. 85, §  5;
2023 Delaware Code › Title 9 - Counties › Chapter 25. BUILDING CODE › § 2515. Exceptions.

§ 2515. Exceptions.
This chapter does not apply to any of the following:
(1) A building or structure devoted to agricultural use as defined in Chapter 26 of this title.
(2) A property, building, or structure located within a municipality unless New Castle County has any responsibility for the local service function under § 1102 of this title.
44 Del. Laws, c. 84, §  17;  45 Del. Laws, c. 111, §  1;  16 Del. C. 1953, §  8317;  53 Del. Laws, c. 348, §  3;  58 Del. Laws, c. 277;  75 Del. Laws, c. 85, §  5;  83 Del. Laws, c. 7, § 7;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2602. Zoning plan and regulations.

§ 2602. Zoning plan and regulations.
(a) For any or all of the purposes specified in § 2601 of this title the County Council may divide the territory of New Castle County into districts or zones of such number, shape, or area as it may determine, and within such districts, or any of them, may regulate the erection, construction, reconstruction, alteration, and uses of buildings and structures and the uses of land.
(b) All such regulations shall be uniform for each class or kind of buildings throughout any district, but the regulations in 1 district may differ from those in other districts.
48 Del. Laws, c. 321, §  2;  9 Del. C. 1953, §  2602;  55 Del. Laws, c. 85, §§  18A, 18C;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2603. Purposes of regulations.

§ 2603. Purposes of regulations.
(a) Regulations adopted by the County Council, pursuant to the provisions of this subchapter, shall be in accordance with a comprehensive development plan adopted pursuant to this title, and shall be designated and adopted for the purpose of promoting the health, safety, morals, convenience, order, prosperity or welfare of the present and future inhabitants of this State, including, among other things, the lessening of congestion in the streets or roads or reducing the waste of excessive amounts of roads, securing safety from fire and other dangers, providing adequate light and air, preventing on the 1 hand excessive concentration of population and on the other hand excessive and wasteful scattering of population or settlement, promoting such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate and provide adequate provisions for public requirements, transportation, water flowage, water supply, drainage, sanitation, educational opportunities, recreation, soil fertility, food supply, protection of the tax base, securing economy in governmental expenditures, fostering the State's agricultural and other industries, and the protection of both urban and nonurban development.
(b) The regulations shall be made with reasonable consideration, among other things, of the character of the particular district involved, its peculiar suitability for particular uses, the conservation of property values and natural resources and the general and appropriate trend and character of land, building and population development.
48 Del. Laws, c. 321, §  3;  9 Del. C. 1953, §  2603;  55 Del. Laws, c. 85, §  18A;  66 Del. Laws, Sp. Sess., c. 199,, §  1;  66 Del. Laws, c. 207, §  1;  70 Del. Laws, c. 270, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2604. Assistance from and cooperation with other agencies.

§ 2604. Assistance from and cooperation with other agencies.
The Department of Land Use shall make use of the expert advice and information which may be furnished by appropriate state, federal, or other officials, departments and agencies. All officials, departments, and agencies within the State having information, maps, and data pertinent to county zoning shall make the same available for the use of the Department of Land Use, as well as furnish such other technical assistance and advice as they may have available for such purpose.
48 Del. Laws, c. 321, §  5;  9 Del. C. 1953, §  2605;  55 Del. Laws, c. 85, §  18B;  71 Del. Laws, c. 401, §  85;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2605. Department's powers in conduct of public hearing.

§ 2605. Department's powers in conduct of public hearing.
At any public hearing held pursuant to this subchapter, the Department of Land Use may summon witnesses, administer oaths and compel the giving of testimony.
48 Del. Laws, c. 321, §  6;  9 Del. C. 1953, §  2609;  55 Del. Laws, c. 85, §  18B;  66 Del. Laws, c. 207, §  1;  71 Del. Laws, c. 401, §  85;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2607. Changes in zoning district, plan or regulations; procedure.

§ 2607. Changes in zoning district, plan or regulations; procedure.
(a) The County Council may, from time to time, make amendments, supplements, changes, modifications (herein called “changes”), in accordance with a comprehensive development plan adopted pursuant to Chapter 13 of this title, with respect to the number, shape, boundary or area of any district or districts, or any regulation of, or within, such district or districts, or any other provision of any zoning regulation or regulations, but no such changes shall be made or become effective until the same shall have been proposed by or be first submitted to the Department of Land Use.
(b) With respect to any proposed changes, the Department of Land Use shall hold at least 1 public hearing, notice of which hearing shall be published at least 7 days before the date of the hearing in a newspaper of general circulation in the County. The notice shall contain the time and place of hearing, and shall specify the nature of the proposed change in a general way and shall specify the place and times at which the text and map relating to the proposed change may be examined.
(c) Unless such Department of Land Use shall have transmitted its report upon the proposed changes within 45 days after the submission thereof to it, the County Council shall be free to proceed to the adoption of the changes without further awaiting the receipt of the report of the Department of Land Use. In any event, the County Council shall not be bound by the report of the Department of Land Use. Before finally adopting any such changes, the County Council shall hold a public hearing thereon, at least 15 days notice of the time and place of which shall be given by at least 1 publication in a newspaper of general circulation in the County.
48 Del. Laws, c. 321, §  8;  9 Del. C. 1953, §  2611;  50 Del. Laws, c. 118, §  1;  55 Del. Laws, c. 85, §§  18A, 18B;  66 Del. Laws, Sp. Sess., c. 199,, §  2;  66 Del. Laws, c. 201, §  1;  71 Del. Laws, c. 401, §§  15, 85;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2608. Zoning coordination and integration; committees and rules of Department of Land Use.

§ 2608. Zoning coordination and integration; committees and rules of Department of Land Use.
(a) The New Castle County Department of Land Use may cooperate with other planning and zoning commissions within New Castle County and within other counties and states, and with the planning, zoning, legislative and administrative authorities of incorporated or unincorporated municipalities, either within or without such County, with a view to coordinating and integrating the zoning of the County with the planning and zoning of other counties or of municipalities.
(b) The Department of Land Use may appoint committees and adopt such rules for the conduct of its business as it deems proper to effect such cooperation or to more expeditiously and effectively perform its functions.
48 Del. Laws, c. 321, §  9;  9 Del. C. 1953, §  2612;  55 Del. Laws, c. 85, §  18B;  71 Del. Laws, c. 401, §  85;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2609. Violations of regulations or subchapter; enforcement, remedies and penalties.

§ 2609. Violations of regulations or subchapter; enforcement, remedies and penalties.
(a) No person shall erect, construct, reconstruct, alter, maintain or use any building or structure or use any land in violation of any regulation in or of any provision of, any zoning regulation, or any change thereof, enacted or adopted by the County Council under the authority of this subchapter.
(b) Whoever violates any such regulation, provision or change of this subchapter, shall be fined not more than $100, or imprisoned not more than 10 days, or both.
(c) Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.
(d) 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 subchapter or of any regulation or provision of any regulation, or change thereof, enacted or adopted by the County Council under the authority granted by this subchapter, the County Council, the attorney thereof, or any owner or occupier of real estate within the district or within an adjoining 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.
48 Del. Laws, c. 321, §  13;  9 Del. C. 1953, §  2619;  54 Del. Laws, c. 222;  55 Del. Laws, c. 85, §  18A;  66 Del. Laws, c. 207, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2610. Nonconforming uses of land or buildings.

§ 2610. Nonconforming uses of land or buildings.
(a) The lawful use of a building or structure, or the lawful use of any land, as existing and lawful at the time of the enactment of a zoning regulation, or in the case of a change of regulations, then at the time of such change, may, except as hereinafter provided, be continued although such use does not conform with the provisions of such regulations or change, and such use may be extended throughout the same building, provided no structural alteration of such building is proposed or made for the purpose of such extension. County Council in any zoning regulations may permit the restoration, reconstruction, extension or substitution of nonconforming uses upon such terms and conditions as may be set forth in the zoning regulations.
(b) If the County acquires title to any property by reason of tax delinquency and such properties are not redeemed as provided by law, the future use of such property shall be in conformity with the then existing provisions of the zoning regulations of the County, or with any change of such regulations, equally applicable to other like properties within the district in which the property acquired by the County is located.
48 Del. Laws, c. 321, §  14;  9 Del. C. 1953, §  2620;  55 Del. Laws, c. 85, §  18A;  71 Del. Laws, c. 400, §  2;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2611. Conflict between zoning regulations and other laws.

§ 2611. Conflict between zoning regulations and other laws.
Whenever any regulation made under authority of this subchapter requires a greater width or size of yards, courts or other open spaces, or requires a lower height of buildings or smaller number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes other higher standards than are required in or under any other statute or local regulation, the regulations made under authority of this subchapter shall govern. Whenever any other statute or local regulation requires a greater width or size of yards, courts or other open spaces, or requires a lower height of buildings or a lesser number of stories, or requires a greater percentage of lot to be left unoccupied, or imposes other higher standards than are required by any regulations made under authority of this subchapter, such statute shall govern.
48 Del. Laws, c. 321, §  17;  9 Del. C. 1953, §  2623;  66 Del. Laws, c. 207, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2612. Residential facilities for persons with disabilities.

§ 2612. Residential facilities for persons with disabilities.
(a) For purposes of all county zoning ordinances a residential facility licensed or approved by a state agency serving 10 or fewer persons with disabilities on a 24-hour-per-day basis shall be construed to be a permitted single family residential use of such property.
(b) For the purposes of this section, the term “persons with disabilities” includes any persons with a handicap or disability as those terms are defined in the Delaware Fair Housing Act (Chapter 46 of Title 6).
(c) [Repealed]
62 Del. Laws, c. 390, §  1;  74 Del. Laws, c. 149, §§  1, 2, 3;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2613. Notice to local school districts of residential zoning changes.

§ 2613. Notice to local school districts of residential zoning changes.
With respect to any proposed residential zoning change the County Council shall notify the local school district for the area at least 7 days prior to the initial hearing upon such residential zoning change.
66 Del. Laws, Sp. Sess., c. 195,, §  1;  71 Del. Laws, c. 401, §  15;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2614. Changes in zoning.

§ 2614. Changes in zoning.
(a) Unless the Department of Land Use recommends approval of a rezoning, the County Council shall not change the zoning for any parcel of land without the County Council approving such change in zoning by a concurrence of two thirds of all members elected to the County Council.
(b) Any rezoning which is approved subject to restrictions shall require a two-thirds vote of all members elected to the County Council to release, remove or change such restrictions, unless the Department of Land Use recommends approval of the release, removal or change of said restrictions, in which case a simple majority of all members elected to the County Council shall be required.
68 Del. Laws, c. 272, §  1;  69 Del. Laws, c. 27, §  1;  71 Del. Laws, c. 401, §§  15, 85;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter I. General Provisions › § 2615. Notice to property owners of zoning changes.

§ 2615. Notice to property owners of zoning changes.
With respect to any proposed zoning change, unless the owner applies for the change or consents to the change, the county government shall notify the owner of the property and all adjacent property owners to the extent and in the manner the county by ordinance so provides as of June 28, 2000, mailed at least 7 days prior to the initial hearing upon such zoning change.
72 Del. Laws, c. 415 shall become effective for zoning changes initiated after enactment of this act.
72 Del. Laws, c. 415, §  1;
2023 Delaware Code › Title 9 - Counties › Chapter 26. ZONING › Subchapter II. The Quality of Life Act › § 2651. Short title; intent and purpose.

§ 2651. Short title; intent and purpose.
(a) This subchapter shall be known and may be cited as the “Quality of Life Act of 1988.” It is the purpose of this subchapter to utilize and strengthen the existing role, processes and powers of County Councils in the establishment and implementation of comprehensive planning programs to guide and control future development. It is the intent of this subchapter to encourage the most appropriate use of land, water and resources consistent with the public interest and to deal effectively with future problems that may result from the use and development of land within their jurisdictions. Through the process of comprehensive planning, it is intended that units of County Council can preserve, promote and improve the public health, safety, comfort, good order, appearance, convenience, law enforcement and fire prevention and general welfare; facilitate the adequate and efficient provision of transportation, water, sewage, schools, parks, recreational facilities, housing and other requirements and services; and conserve, develop, utilize and protect natural resources within their jurisdictions.
(b) It is also the intent of this subchapter to encourage and assure cooperation between and among municipalities, counties and the State and to encourage and assure coordination of planning and development activities of units of County Council, municipalities, regional agencies and state government in accord with applicable provisions of law. A growth management plan or policy plan that meets the standards and requirements of this subchapter shall be an acceptable comprehensive plan. The land use map or map series forming part of the comprehensive plan as required by this subchapter shall have the force of law, and no development, as defined in this subchapter, shall be permitted except in conformity with the land use map or map series and with county land development regulations enacted to implement the other elements of the adopted comprehensive plan.
66 Del. Laws, c. 207, §  1;  71 Del. Laws, c. 401, §  15;