Title 9, Counties

§ 4403. Reports on permits issued by incorporated cities or towns. Building inspectors or other officers authorized by law to issue permits for construction of any buildings, in any incorporated city or town in Kent County, shall report to the Board of Assessment of Kent County, …

§ 4404. Inspections. The Chief of Building Inspections or the Chief’s designee shall make the necessary inspections to see that this chapter is complied with and may order or compel the suspension of any work that is not in compliance with this chapter.9 Del. C. 1953, § 4404; 52 …

§ 4405. Fees. The fees for issuing permits shall be prescribed by the county government.9 Del. C. 1953, § 4405; 52 Del. Laws, c. 164; 56 Del. Laws, c. 103, § 8; 56 Del. Laws, c. 241, §§ 2, 3; 66 Del. Laws, c. 131, § 1;

§ 4406. Records. (a) The Chief of Building Inspections shall keep a careful and comprehensive record of applications, permits issued, inspections made, reports rendered and of notices or orders issued. (b) The Chief of Building Inspections shall retain on file copies of all permi…

§ 4407. Permits required. (a) A building permit shall be obtained from the county government for any new construction of any kind including additions or alterations to existing structures. (b) Before issuing a building permit, the county government may require the builder or home…

§ 4408. Notice of violation. (a) Whenever the Chief of Building Inspections is satisfied that a building is being constructed without a permit first being issued therefor, the Chief of Building Inspections may serve a written notice or order upon the person responsible therefor, …

§ 4409. Occupancy. Any building that has been constructed without a permit may not be occupied, maintained or used by any person except with permission of the Chief of Building Inspections.9 Del. C. 1953, § 4409; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4;

§ 4410. Penalties. Penalties for offenses in this chapter of the Building Code of Kent County or of violations of this chapter shall be as prescribed by ordinance of the county government of Kent County.9 Del. C. 1953, § 4410; 52 Del. Laws, c. 164; 66 Del. Laws, c. 131, § 2;

§ 4411. County government to appropriate necessary funds. The county government shall annually appropriate to the Chief of Building Inspections such funds that are necessary to carry out this chapter.9 Del. C. 1953, § 4411; 52 Del. Laws, c. 164; 60 Del. Laws, c. 245, § 4;

§ 4412. Jurisdiction of Superior Court. The Superior Court shall have jurisdiction over offenses committed under this chapter.9 Del. C. 1953, § 4412; 52 Del. Laws, c. 164.;

§ 4413. Exceptions. This chapter, except for § 4403 of this title, shall not apply to structures and properties located within any incorporated city or town in Kent County which has adopted and enforces a building code and building permit procedures.9 Del. C. 1953, § 4413; 57 Del…

§ 4414. Enforcement of construction codes; remedies. (a) The enforcement of any code or regulation adopted by the county government under the authority of this chapter shall be as prescribed by the county government by ordinance. (b) In case any building or structure is or is pro…

§ 4415. Construction using public financial assistance. 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…

§ 4501. Definitions. As used in this chapter, unless a different meaning clearly appears from the context: (1) “County” means Kent County; (2) “Revenue bonds” means bonds to the payment of which all or any part of the revenues derived from the operation of any water system are pl…

§ 4502. 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 water system, and acquire by gift…

§ 4503. Water system within city or town. No water 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, except that transmission lines or mains may be constructed…

§ 4504. Bonds; authorization, amount, terms, sale and interest rate. (a) The planning, acquisition, purchase, construction, reconstruction, improvement, betterment or extension of any sewerage or water system may be authorized under this chapter and bonds may be authorized to be …

§ 4505. 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 of the p…

§ 4506. Payment of bonds, faith and credit of County; tax levy. The full faith and credit of the County is pledged to the payment of any bonds issued by the County under this chapter. The county government shall annually appropriate to the payment of such bonds and the interest t…

§ 4507. Authorization of covenants in bonds. (a) In the event that the County issues 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 and disposition th…

§ 4508. Service charges; amount and application. (a) If the County issues bonds under this chapter, the county government shall prescribe and collect reasonable service charges for the services and facilities rendered or afforded by the water systems, the revenues of which are pl…

§ 4509. Power to make charges; liability of users; computation of rates. (a) The county government 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 service…

§ 4510. 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, interest shall accrue and be due to the County on the unpaid balance at the rate of 1 percent per month until the service c…

§ 4511. 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 interest accrued thereon shall be a lien on the parcel of real property with regard to which the service charge was made. The l…

§ 4512. Water lien docket. The Prothonotary shall, under the supervision and direction of the county government, prepare a docket to be known as “The Kent County Water Lien Docket” [Docket] in which shall be recorded the liens for service charges. The Docket shall be prepared at …

§ 4513. Water consumption statement and other information for county government or its designated agent. (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 sha…

§ 4514. 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 …

§ 4515. Contract with municipality for the filtering, purifying or supplying of water. The county government may contract with any municipality within the territorial limits of the County to buy, sell, process, filter, treat or purify water. Such filtration, treatment, processing…

§ 4516. Connection of property with water mains. Permits for connecting any property by a drain or pipe with any county water main shall be obtained from the county government and shall be issued only to plumbers licensed to do business in this State. No permit will be granted fo…

§ 4517. Licensed plumber to connect property with water mains. All necessary plumbing work to be done in connecting any property with a county water main shall be done by a plumber licensed to do business in this State, in a good and workmanlike manner, and with good and proper m…

§ 4518. Misrepresentations in application and unauthorized connections with water main; penalty. Whoever wilfully makes any misrepresentation in any application or makes or maintains any connection with any water main contrary to the authority granted by permits issued therefor b…

§ 4519. Surveys and inspections by county government; penalty for refusal to permit. (a) The county government or its designated representatives may go upon any land for the purpose of making surveys for water mains, water systems, water treatment plants, plumbing plants, or for …

§ 4520. 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 …

§ 4521. 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,…

§ 4522. Established. In addition to all existing methods and authority for the collection of service charges due to the Kent County Receiver of Taxes, the monition method and authority is hereby established.75 Del. Laws, c. 26, § 1;

§ 4523. Praecipe; judgment; monition. (a) The tax collecting authority may file a praecipe in the office of the prothonotary of the Superior Court in and for the county where the property is located. (b) The praecipe shall contain the name of the person against whom the service c…

§ 4524. Form of monition. The monition shall be in substantially the following form: “To all persons having or claiming to have any title, interest or lien upon the within described premises, take warning that unless the judgment for the service charges stated herein is paid with…

§ 4525. Posting of monition; sheriff’s return; alias or pluries monition. (a) The monition, or a copy thereof, shall be posted by the sheriff upon some prominent place or part of the property against which the judgment for the service charges is a lien, and the sheriff shall make…

§ 4526. Issuance and form of writ of venditioni exponas. (a) At any time after the expiration of 20 days following the return of the sheriff upon the monition, unless before the expiration of the 20 days the judgment and cost on the judgment shall be paid or evidence of the payme…

§ 4527. Sales subject to approval of department of finance or chief county financial officer. The department of finance or the chief county financial officer as designated by the county governing body may approve or disapprove the final bid at a sale made by the sheriff under thi…

§ 4528. Title of property sold. Any real estate or interest therein sold under the provisions of this subchapter shall vest in the purchaser all the right, title and interest of the person in whose name the property was assessed, and/or all right, title and interest of the person…

§ 4529. Petition by purchasers for deed of conveyance. If the owner of the property or the owner’s legal representatives fail to redeem the property as provided in this subchapter, the purchaser of the property or the purchaser’s legal representatives, successors or assigns may p…

§ 4530. Redemption by owner. The owner of any such real estate sold under this subchapter or the owner’s legal representatives may redeem the same at any time within 60 days from the day the sale thereof is approved by the court, by paying to the purchaser or the purchaser’s lega…

§ 4531. Petition by owner after redemption for entry on judgment record. If the owner of any real estate sold under an order of sale or the owner’s legal representative redeems the real estate, the owner may present to the Superior Court a petition setting forth that fact and the…

§ 4532. Regularity of proceedings under venditioni exponas. Upon the return of the proceedings under a writ of venditioni exponas, the Superior Court may inquire into the regularity of the proceedings thereunder, and either approve the sale or set it aside.75 Del. Laws, c. 26, § …

§ 4533. No proceedings unless tax is a lien upon property; construction of term “Superior Court”. (a) No proceedings shall be brought under this subchapter unless the service charge or assessment sought to be collected hereunder shall at the time of the filing of the praecipe in …