Title 9 — Counties

§ 6718. Misrepresentations in application and unauthorized connections with sewer or water main; penalty. Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any sewer or water main contrary to the authority granted by permits…

§ 6719. Surveys and inspections by county government; penalty for refusal to permit. (a) The county government or its designated representatives may go upon the land for the purpose of making surveys for sewers, sewer systems, sewage disposal plants, water mains, water systems, w…

§ 6720. Construction of chapter with other laws. The powers conferred by this chapter shall be in addition to, and not in substitution for, the powers conferred by any other general, special or local law. The powers conferred by this chapter may be exercised notwithstanding that …

§ 6721. Annexation. Any annexation by any municipality of any previously unincorporated area shall not confer upon the annexing municipality any right, title or interest in any part of any water or sewer system constructed, acquired, extended or improved pursuant to this chapter,…

§ 6801. Definitions. As used in this chapter, unless the same shall be inconsistent with the context: (1) “Commission” means “County Planning and Zoning Commission of Sussex County” created by this chapter. (2) “County Engineer” means “County Engineer of Sussex County.” (3) “Coun…

§ 6802. Statement of purposes. For the purpose of promoting the health, safety, prosperity and general welfare, as well as for the purpose of securing coordinated plans for land use, transportation, public facilities and utilities and public works expenditures in that portion of …

§ 6803. Commission members; appointment, terms and qualifications. (a) The Commission shall consist of 7 members as follows: (1) Two nonvoting, ex officio members, the County Engineer and a member of the county government; and (2) Five voting members all of whom shall be appointe…

§ 6804. Commission organization; power and duties. (a) At the first regularly scheduled meeting of the Commission in July of each year, the Commission shall convene and organize by selecting a chair. Before entering upon the duties of the office, each member shall take and subscr…

§ 6805. Secretary and personnel of Commission. (a) The Commission shall appoint a Secretary who shall serve for such time, and perform such duties and receive such compensation as the Commission may prescribe. The secretary shall give bond if required by the Commission in such am…

§ 6806. Assistance to Commission by County. The county government may, from time to time, upon request of the Commission and for the purpose of special surveys, assign or detail to the Commission any members of the administrative staffs or agencies of the County, or direct any su…

§ 6807. Comprehensive development plan of the District. (a) The Commission shall prepare a plan as expressed in maps, figures, and text which shall, among other elements, include: Statements of objectives, standards, principles and policies pertaining to the physical development …

§ 6808. Investigations, maps and reports of Commission. The Commission shall have full power to make such investigations, maps, and reports of the resources, condition and needs of the District as it deems desirable. Upon completion of such reports, the Commission shall submit th…

§ 6809. Official map of the County. (a) There is established an official map of the County. The Commission shall be the maker and custodian of such map. The map shall show the location and lines of the public roads, easements, water courses and public lands within the County exis…

§ 6810. Submission of road plats to Commission; recording; fees; regulations. (a) The location, proposed grades and drainage of all roads intended to be dedicated by the owner thereof to the public use or for the use of owners of property abutting thereon or adjacent thereto with…

§ 6811. Approval or disapproval of plat by Commission; appeal. The Commission shall approve or disapprove a plat within 45 days after the submission thereof; otherwise such plat shall be deemed to have been approved and a certificate to that effect shall be issued by the Commissi…

§ 6812. Public hearing and notice. (a) Any public hearing required by this chapter shall be held within the County and notice of the time and place thereof shall be published in 2 newspapers of general circulation in the County. Notice shall be published at least 15 days before t…

§ 6813. Recording unapproved plat; penalty for. Any Recorder who formally files or records any plat or map contrary to the provisions of this chapter shall be fined not less than $100 nor more than $500.9 Del. C. 1953, § 6813; 56 Del. Laws, c. 95.;

§ 6814. Cooperation with other agencies. (a) Upon the request of the county government, the Commission shall, or upon the request of the Department of Transportation, the Department of Health and Social Services, the Division of Environmental Control, or any other state, county, …

§ 6815. Entry upon land; access to records. (a) In the performance of the functions and duties of the Commission, any member thereof or any employee or agent thereof shall have the right to enter into and upon, at reasonable times (Sundays and holidays excluded) between the hours…

§ 6816. Appropriation. The county government may appropriate out of the general county fund such moneys, otherwise unappropriated, as it may deem fit to finance the work of the Commission and may enforce the regulations and restrictions which are adopted pursuant to this chapter,…

§ 6817. Powers and duties of Department of Transportation not affected. Nothing contained in this chapter shall change, alter, affect or modify the rights, powers and duties elsewhere conferred upon the Department of Transportation.9 Del. C. 1953, § 6817; 56 Del. Laws, c. 95; 60 …

§ 6818. Powers and duties of municipal corporations not affected. Nothing contained in this chapter shall change, alter, affect, or modify the rights, powers and duties prior to July 13, 1967, conferred upon any municipal corporation over, in or upon any lands lying outside of th…

§ 6819. 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 permitt…

§ 6820. Notice to local school districts of residential subdivision plans or changes in residential subdivision plans that increase density. With respect to the initial approval of a residential subdivision plan or any change in a residential subdivision plan that increases resid…

§ 7001. Powers of the government of Sussex County. (a) General powers. — The government of Sussex County, as established by this chapter, shall assume and have all powers which, under the Constitution of the State, it would be competent for the General Assembly to grant by specif…

§ 7002. County government. (a) Number and term. — The county government shall consist of 5 members. Unless otherwise provided by law, elected officials of the county governing body shall serve a term of 4 years, or until their successors have been elected and take office. Such of…

§ 7003. County Administrator. (a) Appointment; qualifications; compensation. — The county government shall appoint a County Administrator by the affirmative vote of a majority of the members of the county government, for a term, not exceeding 4 years and fix his or her compensati…

§ 7004. Department of Finance. (a) Department of Finance, general. — There shall be a Department of Finance under the direction of the County Administrator which shall be responsible for the administration of the budgeting, accounting, purchasing, treasury and other financial aff…

§ 7005. Department of Law. (a) Functions. — There shall be a Department of Law, headed by a County Attorney which shall perform the following functions: (1) Provide legal advice to the county government, County Administrator, and all county departments, boards, offices and agenci…

§ 7006. Personnel system. (a) Personnel system. — The County Administrator is responsible for administering the personnel system of Sussex County. All appointments and promotions of county officers and employees under the direction of the County Administrator shall be made solely…

§ 7007. County Advisory Retirement Board. There shall be an Advisory Retirement Board for the County which shall consist of 5 members. Three of the members shall be appointed by the county government for terms of 4 years and 2 of the members shall be elected by the members of the…

§ 7008. Pension program for Sussex County employees. (a) The county government shall, by ordinance, establish a funded pension program for all Sussex County employees, upon such terms and conditions as it shall deem necessary and best. (b) The county government shall take no acti…

§ 7101. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) “Administrative tribunal” means a body appointed by the Sussex County Council for the purpose of hearing violations of any ordinance, rule, or regulation enacted pursuan…

§ 7102. Promulgation of property maintenance ordinances, rules, and regulations. The Sussex County Council, in order to provide for the health, safety, and welfare of the citizens of Sussex County, may promulgate ordinances, rules, and regulations regulating and governing the con…

§ 7103. Administration and enforcement. The Sussex County Council, or its designee, shall have the power and authority to administer and enforce all property maintenance ordinances, rules, and regulations as promulgated by the Sussex County Council except as otherwise provided fo…

§ 7104. Removal of weeds, grasses, refuse, rubbish, trash, or other waste material. In accordance with § 7102 of this title, the Sussex County Council may promulgate ordinances, rules, and regulations regulating and governing excessive growth of weeds or grass, or the placement o…

§ 7105. Fees. The Sussex County Council may adopt ordinances, rules, and regulations providing for the charge of reasonable fees for the administration and enforcement of the property maintenance ordinances, rules, and regulations, including fees for the inspection and re-inspect…

§ 7106. Violation of property maintenance ordinances, rules, and regulations or chapter; notices and orders. (a) For the purpose of enforcing compliance with the provisions of the property maintenance ordinances, rules, and regulations, and removing illegal, unhealthy, or unsafe …

§ 7107. Abatement; creation of tax lien. (a) If after due notice, either actual or constructive, is given by the Sussex County Council, or its designee, to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative trib…

§ 7108. Penalties. The person responsible for a building, structure, or premises, where anything is in violation of this chapter or the ordinances, rules, or regulations as promulgated by the Sussex County Council, or in violation of any permit, certificate, detailed statement or…

§ 7109. Additional remedies. The imposition of the penalties or enforcement prescribed in this chapter or by the ordinances, rules, or regulations as promulgated by the Sussex County Council shall not preclude the Attorney General, county attorney, Sussex County Council’s designe…

§ 7110. Existing ordinances, rules, and regulations. To the extent the Sussex County Council may have enacted or adopted ordinances, rules, and regulations governing property maintenance prior to the adoption of this chapter, those ordinances, rules, and regulations may be enforc…

§ 7111. Exceptions. This chapter shall not apply to: (1) Properties, buildings, or structures located within any incorporated city or town in Sussex County unless the responsibility for the local code enforcement has been duly transferred to Sussex County. (2) Land deemed to be a…

§ 8001. Budget of estimated expenditures. (a) The governing body of Kent County shall, after due inquiry and investigation, prepare and adopt a budget or estimate of the amount of money which will be required by the County during the next fiscal year to discharge demands upon the…

§ 8002. Tax rate [For application of this section, see 85 Del. Laws, c. 132, § 5]. (a) After the budget has been adopted, the respective county governing bodies shall fix their county tax rates based upon the most recent assessment made by the county governing bodies as follows: …

§ 8003. Time and method of levying county tax [For application of this section, see 85 Del. Laws, c. 132, § 5]. (a) After the respective county governing body has fixed the county tax rate, it shall levy the county tax for the next fiscal year according to the county tax rate app…

§ 8004. Duplicate assessment lists in Kent County. Promptly after levying the county tax, the governing body of Kent County shall deliver to the Receiver of Taxes and County Treasurer, for his or her use in collecting the taxes, the duplicate assessment list as prepared and furni…

§ 8005. Tax collection warrants; form [For application of this section, see 85 Del. Laws, c. 132, § 5]. (a) (1) Subject to paragraph (a)(2) of this section, at the time of delivery of the duplicate assessment lists to the respective receivers of taxes and county treasurers, there…

§ 8201. Board of Assessment for Kent County [Repealed].31 Del. Laws, c. 14, § 2; Code 1935, § 1288; 9 Del. C. 1953, § 8202; 65 Del. Laws, c. 305, § 1; 70 Del. Laws, c. 186, § 1; repealed by 78 Del. Laws, c. 142, § 1, eff. Jan. 8, 2013.;

§ 8202. Vacancies [Repealed].Code 1852, § 116; Code 1915, §§ 1101A, 1101B, 1104; 28 Del. Laws, c. 79, § 3; 29 Del. Laws, c. 72, § 3; 30 Del. Laws, c. 77, § 3; 31 Del. Laws, c. 14, § 3; Code 1935, §§ 1261, 1289, 1317; 9 Del. C. 1953, § 8204; repealed by 78 Del. Laws, c. 142, § 1, …