Title 9, Counties

§ 1392. Appointment of County Attorney. The County Attorney shall be appointed by the County Executive with the advice and consent of the New Castle County Council. The County Attorney shall serve at the pleasure of the County Executive.9 Del. C. 1953, § 1442; 55 Del. Laws, c. 85…

§ 1393. Qualifications of County Attorney. The County Attorney and all Assistant County Attorneys shall be members of the Delaware Bar.9 Del. C. 1953, § 1443; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59;

§ 1394. Assistant County Attorneys and other legal professionals employed with New Castle County. The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County Attorneys and other legal professionals appointed b…

§ 1395. Compensation of County Attorney. The annual salary of the County Attorney and each Assistant County Attorney shall be determined by the County Executive.9 Del. C. 1953, § 1445; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59;

§ 1396. Other employees. The County Council may provide for such employees as may be necessary to perform the functions required by this title.9 Del. C. 1953, § 1446; 55 Del. Laws, c. 85, § 2; 71 Del. Laws, c. 401, § 59;

§ 1397. Subpoena power. (a) Whenever the County Attorney has reasonable cause to believe that any person or enterprise may have knowledge of, has been engaged in or is engaging in any conduct in violation of County laws, ordinances, regulations or any state law prohibiting violat…

§ 1401. Selection, qualification, term, compensation and removal of the County Auditor. (a) There is established, within the Government of New Castle County, the Office of the County Auditor the administrator and head of which shall be known as the County Auditor. The County Audi…

§ 1402. Budget; Assistant County Auditors; Contract Auditors. (a) County Council by ordinance may establish positions to serve as assistants to the County Auditor after consideration of the Audit Committee’s recommendation. (b) Notwithstanding any other provision of law governing…

§ 1403. Certification of annual financial report of Chief Financial Officer. (a) The County Auditor shall have a qualified accounting firm conduct an audit of the annual financial report of the Chief Financial Officer and append thereto a certificate which shall state whether, in…

§ 1404. Annual audits and the audit committee. (a) The County Auditor shall oversee, coordinate, and monitor an annual audit of the accounts, books, and records of all offices, departments, and boards that reflect transactions involving financial activities and financial affairs …

§ 1405. Reports of the County Auditor; audit follow up. (a) Copies of the reports concerning each audit or examination shall immediately upon preparation thereof be filed with the Audit Committee, the County Executive, the Chief Administrative Officer, the Chief Financial Officer…

§ 1406. Assistance to County Council. The County Auditor shall provide such assistance to the County Council as the County Council may require of the County Auditor through request of a majority of Council or in the job description in any matter before it, including but not limit…

§ 1407. Audit schedule; special examinations or audits; risk assessment review. (a) Prior to the beginning of each fiscal year, the County Auditor shall submit an annual audit plan to the Audit Committee for review and comment. The plan shall include the proposed schedule for aud…

§ 1408. Access to records, property and employees; required contract provisions for access. (a) All officers and employees of New Castle County, and all departments, offices, boards, activities, subcontractors, agencies, and instrumentalities thereof which are the subject of an a…

§ 1409. Annual external audit. At the close of each fiscal year, the County Council, in accordance with County procurement laws and upon advice from the Audit Committee, shall cause a person or persons, certified by the laws of the State to practice accounting and not an employee…

§ 1410. Quality assurance reviews. (a) The Audit Committee shall conduct quality assurance review of the activities and functions of the Office of the County Auditor. Such review shall take place every 3 years from the date of the last such quality assurance review. (b) The Audit…

§ 1501. Definitions. As used in this part, unless the context requires a different meaning: (1) “County” means New Castle County. (2) The words “New Castle County government,” or words of similar import, mean the government of New Castle County as established in Chapter 11 of thi…

§ 1502. Transactions, activities and conduct forbidden to county officers or employees. No county officer or employee shall furnish labor or material, either directly or indirectly, for the making, erection or repair of any bridge, road, causeway, public building or public work o…

§ 1521. Enumeration of certain specific powers. (a) (1) In addition to the powers elsewhere conferred upon the New Castle County Council and without limiting their generality, the New Castle County Council shall have general jurisdiction over all matters pertaining to the County,…

§ 1522. Borrowing money. (a) The County Council may, from time to time, authorize the borrowing of money upon the faith and credit of the County by issuing bonds, notes, certificates of indebtedness or any other evidence of debt, not to exceed the sum of $10,000,000 exclusive of …

§ 1523. Sinking fund. The Office of Finance may create a sinking fund for public buildings, public improvements, and public works generally, and for such purposes may open a special bank account in the name of the County and may deposit therein such sums at such times as the Offi…

§ 1524. Dumping of garbage, rubbish, ashes or other waste material; penalty for violation. (a) The County Council may regulate or prohibit the dumping of rubbish, garbage, ashes or any other waste material in or upon land within the County outside of any incorporated municipality…

§ 1525. Creeks or small runs; widening, straightening. (a) In case the County Council, upon the advice of the Department of Public Works deems it advisable to widen, straighten or alter the course of any part of any small run or creek in the County, such as Chestnut Run or Little…

§ 1561. New Castle County Workhouse [Repealed]. Repealed by 71 Del. Laws, c. 401, § 67, effective July 13, 1998.

§ 1562. New Castle County libraries; Wilmington Institute. (a) The County Council of New Castle County may appropriate public moneys toward the maintenance and support of free public libraries for the use of the residents of New Castle County and for all purposes incident thereto…

§ 1563. Private welfare agencies. The County Council may make annual appropriations to the following charitable corporations of this State in aid of their respective objects: Children’s Home, Inc.; The Family Society; St. Michael’s School and Nursery; and The Prisoners Aid Societ…

§§ 1901-1903. Fire prevention outside of incorporated towns; county police; powers and duties; mergers [Repealed]. Repealed by 71 Del. Laws, c. 401, § 69, effective July 13, 1998.

§ 2101. Lighting streets and highways in unincorporated communities and villages; petition. (a) Upon the petition of a majority of the property owners of any unincorporated community or village in New Castle County, the County Council may enter into a contract with any electric, …

§ 2102. Levy and collection of light tax; penalty for late payment. (a) The County Council, for the purpose of providing street and highway lighting pursuant to § 2101 of this title, shall levy for the installation and maintenance of such lights an annual tax based on the full an…

§ 2103. Light tax; administration of fund; surplus. The Department of Finance of New Castle County shall receive all light taxes collected, shall keep them in a separate account, and shall pay them out only upon orders signed by the County Executive and approved by the Department…

§ 2104. Removal of lights. Lights installed under the provisions of this chapter shall be removed only by ordinance of County Council or upon its direction after receipt of a petition, signed by a majority of the property owners within the bounds of any lighted community or villa…

§ 2201. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) “County” means New Castle County. (2) “Revenue bonds” means bonds to the payment of which all or any part of the revenues derived from the operation of any sewerage syst…

§ 2202. Powers of County. In addition to the other powers which it has, the County may, under this chapter: (1) Plan, construct, acquire by gift, purchase, or the exercise of the right of eminent domain, reconstruct, improve, better or extend any sewerage system, and acquire by g…

§ 2203. Sewerage system within city or town. No sewerage system, or any part thereof, shall be constructed or maintained within the boundaries of any city or town situated in the County without the consent of such city or town. The consent shall be given only by an ordinance adop…

§ 2204. Bonds; authorization, amount, terms, sale and interest rate. (a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any sewerage system may be authorized under this chapter and bonds may be authorized to be issued un…

§ 2205. Authorized signatures on bonds; validity of issuance. (a) Bonds bearing the signatures of officers in office on the date of the signing thereof shall be valid and binding obligations notwithstanding that before the delivery thereof and payment therefor any or all the pers…

§ 2206. Payment of bonds; faith and credit of County; tax levy. The faith and credit of the County are pledged to the payment of any bonds issued by the County under this chapter. The County Council shall annually appropriate to the payment of such bonds and the interest thereon …

§ 2207. Authorization of covenants in revenue bonds. (a) In the event that the County issues revenue bonds, the resolutions authorizing the issuance of such bonds may contain covenants as to: (1) The purpose to which the proceeds of sale of the bonds may be applied and the use an…

§ 2208. Service charges; amount and application. (a) If the County issues revenue bonds under this chapter, the County Council shall prescribe and collect reasonable service charges for the services and facilities rendered or afforded by the sewerage systems, the revenues of whic…

§ 2209. Power to make charges; liability of users; computation of rates. (a) The County Council may charge and collect rents, rates, fees or other charges (in this chapter sometimes referred to as “service charges”) for direct or indirect connection with, or the use or services o…

§ 2210. Penalties for failure to pay charges. (a) In the event that a service charge with regard to any parcel of real property is not paid as and when due, a penalty shall accrue and be due to the County on the unpaid balance at a rate and in a manner to be set by ordinance of C…

§ 2211. Lien of service charges on real estate. (a) In the event that any service charge is not paid as and when due, the unpaid balance thereof and any penalties accrued thereon shall be a lien on the parcel of real property with regard to which the service charge was made. The …

§ 2212. Sewer lien docket. (a) (1) The County Council of New Castle County shall establish regulations and fees for the issuance of sewer permits required in § 2216 of this title. Upon issuance of the sewer permit, the fees for such permits shall become liens against the property…

§ 2213. Water consumption statement and other information for Department. (a) Each municipality or public corporation, or other person, owning or operating any system of water distribution serving 3 or more parcels of real property in the County shall, from time to time after req…

§ 2214. Discontinuance of water supply for failure to pay service charge. Each city or town or other public corporation owning or operating any water distribution system serving 3 or more parcels of real property in the County, and every other person owning or operating any such …

§ 2215. Contract with city or town for disposal or treatment of sewage. The County Council may make a contract with any city or town within the territorial limits of the County to dispose of or treat by means of any sewerage system of the County the sewage originating in such cit…