Delaware Code § 9-5607

Abatement; creation of tax lien
Open in Lexace · Ask the AI about this section
(a) If after due notice, either actual or constructive, is given by the Department of Planning Services 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 of competent jurisdiction,
such person fails to comply with the notice or order, and the illegal action or condition continues to exist, the Department of Planning
Services may cause such violation to be removed, corrected, abated, or otherwise made safe and sanitary. The Department of Planning
Services may incur any expense of razing, demolishing, removing, or repairing unsafe or illegal buildings and structures, and may incur
any expense necessary or incidental to abating violations of the Kent Property Maintenance Code or other provisions of the Kent County
Code that constitute a threat to the public health, safety, or welfare or to provide for the sanitary condition, safety, or security of the
property, structure or building.
(b) All expenses incurred by the Department of Planning Services pursuant to this section shall be a tax lien on the parcel of real
property that the expense is incurred upon or which is the subject of the notice or order. Upon certification of a tax lien by the Department
of Planning Services, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and
paid to Kent County, when collected.
(c) Any unpaid fine or civil penalty associated with violation of the Kent Property Maintenance Code or any other provision of the Kent
County Code that provides for the sanitary condition, safety, or security of a property, structure, or building, such fine or civil penalty
being final and nonappealable, may be added to local property tax billings for the property, which was the subject of said notice or order
and collected in the same manner as other county real estate taxes, and paid to Kent County, when collected.
(d) Kent County may maintain any action at law or in equity for the recovery of expenses incurred by the Department of Planning
Services for the collection of charges, fees, fines, and penalties assessed pursuant to this chapter, including, without limitation, proceedings
pursuant to a writ of monition.

‹ Prev All Delaware sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.