Title 9 — Counties

§ 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 s…

§ 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 sha…

§ 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…

§ 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 …

§ 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 Dep…

§ 2410. Exemption of bonds from taxation. The bonds shall be exempt from all state, county and municipal taxation.48 Del. Laws, c. 377, § 9; 9 Del. C. 1953, § 2410;

§ 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 standar…

§ 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 pa…

§ 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 perso…

§ 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 …

§ 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 examinat…

§ 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 est…

§ 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 t…

§ 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…

§ 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 version…

§ 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 o…

§ 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 structur…

§ 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 delineat…

§ 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 …

§ 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 U…

§ 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…

§ 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 responsib…

§§ 2701-2704. Establishment of school crossing guard unit for New Castle County; duties; compensation; uniform; coordination with school boards; levy and collection of tax [Repealed]. Repealed by 71 Del. Laws, c. 401, § 88, effective July 13, 1998.

§ 2801. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) “County” means New Castle County. (2) “Water supply system” means the plants, structures and other real and personal property, including specifically dams, wells and pip…

§ 2802. Powers of County. In addition to the other powers which it has, the County may, under this chapter: (1) Plan, construct, acquire by gift, or purchase any water supply system in the White Clay Creek Watershed, and acquire by gift, purchase or the exercise of eminent domain…

§ 2803. Costs; authorization, amount, terms, sale, interest rate, etc., of bonds. (a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any water supply system to be used in connection with the White Clay Creek Watershed, i…

§ 2804. 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 delivery thereof and payment therefor any or all of the perso…

§ 2805. 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 under this chapter. The County Council shall, annually, appropriate to the payment of such bonds and the interest thereon the amounts …

§ 2806. Fees; contracts for use of water. (a) The County Council may establish and from time to time revise fees. The fees may be based upon the right to use a specified amount of water, or upon its actual use or upon any combination thereof. It shall be the policy in determining…

§ 2807. Condemnation under right of eminent domain. (a) The County Council may acquire real and personal property or rights therein by condemnation as provided in Chapter 61 of Title 10, for property located in the County, in the exercise of the powers provided under this chapter…

§ 2808. Title of property. (a) Property in this State acquired by the County for the purpose of this chapter shall be held in the name of the “State of Delaware for the use of New Castle County.” (b) Property outside of this State acquired by the County for the purposes of this c…

§ 2809. Penalties; enforcement. (a) Any violation of the rules and regulations established under this chapter shall be punished by a fine of not less than $25 nor more than $100. Each day of a continuing violation shall be a separate offense. (b) In addition to the above remedy, …

§ 2810. Authority of Delaware River Basin Commission. Nothing in this chapter shall be construed to reduce the power and authority of the Delaware River Basin Commission.9 Del. C. 1953, § 2811; 54 Del. Laws, c. 233.;

§ 2901. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) “Administrative tribunal” shall mean a show cause hearing before the Code Official for New Castle County. (2) “Building” shall mean a structure having a roof, and intend…

§ 2902. Promulgation of property maintenance code. The County Council, in order to provide for the health, safety and welfare of the citizens of New Castle County, shall promulgate rules and regulations to be known as the New Castle County Property Maintenance Code, regulating an…

§ 2903. 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 Property Maintenance Code as promulgated by the County Council except as otherwise provi…

§ 2904. Removal of weeds, grasses, refuse, rubbish, trash or other waste material. No person shall permit weeds or grass to grow, or refuse, rubbish, trash or other waste material to be placed or to accumulate upon, land or improved premises so as to create a nuisance detrimental…

§ 2905. Fees. The County Council may adopt rules and regulations providing for the charge of reasonable fees for the administration and enforcement of the New Castle County Property Maintenance Code, including fees for the inspection and reinspection of properties for which a not…

§ 2906. Violation of regulations or chapter; notices and orders. (a) For the purpose of enforcing compliance with the provisions of the New Castle Property Maintenance Code, and removing illegal, unhealthy or unsafe conditions, the Department of Land Use shall issue such rules, n…

§ 2907. Abatement; creation of tax lien. (a) If after due notice, either actual or constructive, is given by the Department of Land Use to the person responsible for the property, and where such person has had the opportunity to be heard by an administrative tribunal or a court o…

§ 2908. Penalties. The person responsible for a building, structure, or premises, where anything is 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 a…

§ 2909. Additional remedies. The imposition of the penalties or enforcement prescribed in this chapter or by the rules or requirements as promulgated by the county council shall not preclude the Attorney General, county attorney or code enforcement constable from instituting appr…

§ 2910. Exceptions. This chapter does not apply to 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.75 Del. Laws, c. 212, § 6; 83 Del. Laws, c. 7, § 8;

§ 3001. Definitions. As used in this chapter, unless otherwise expressly stated: (1) “Commission” means Regional Planning Commission of New Castle County in § 3003 of this title but shall mean the Department of Land Use in all other sections. (2) “County” means New Castle County.…

§ 3002. Power to regulate. In order to provide for the orderly growth and development of the County, to promote the health, safety, prosperity, and the general welfare of the present and future inhabitants of the County, to insure the conservation of property values and natural r…

§ 3003. Land subdivision regulations. In order to carry out the provisions of this chapter, the Commission shall adopt and administer regulations in accordance with the following procedures: (1) Within 1 year from May 4, 1965, the Commission shall propose regulations pursuant to …

§ 3004. Content of land subdivision regulations. Any regulations adopted and approved under this chapter shall include, but not be limited to, the following provisions: (1) Varying procedures for insuring the processing of land subdivision plans, within a reasonable period of tim…

§ 3005. Issuance of building and occupancy permits [Repealed]. Repealed by 75 Del. Laws, c. 85, § 4, effective June 30, 2005.

§ 3006. Selling before approval; penalty; civil suits. (a) No street, sanitary sewer, storm sewer, water main, or other improvements shall be constructed, opened, or dedicated for public use or for the common use of occupants of buildings abutting thereon, and no part of any land…

§ 3007. Recording unapproved plans; penalty. (a) The Recorder of Deeds within the County shall not receive for filing any plan of land showing an arrangement of lots or parcels of lands, streets, easements or rights-of-way unless and until said plan shall have been submitted to, …