Delaware Code Title 31 Sec. 4128 – Notices and orders
(a) Notice to owner or to person or persons responsible. — Whenever the code official determines that there has been a violation of this chapter or has reasonable grounds to believe that a violation has occurred, or whenever the code official has condemned any structure or equipment under § 4127 of this title, notice shall be given to the owner or the person or persons responsible therefor in the manner prescribed below. If the code official has condemned the property or part thereof, the code official shall give notice to the owner and to the occupants of the intent to placard and to order vacation of the premises or to order equipment out of service.
Terms Used In Delaware Code Title 31 Sec. 4128
- Grantee: includes every person to whom a freehold estate or interest is conveyed. See Delaware Code Title 1 Sec. 302
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Mortgagee: The person to whom property is mortgaged and who has loaned the money.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Form. — Such notice shall:
(1) Be in writing;
(2) Include a description of the real estate sufficient for identification;
(3) Include a statement of the reason or reasons why it is being issued;
(4) Include a correction order allowing a reasonable time for the repairs and improvements required to bring the dwelling unit or structure into compliance with this chapter; and
(5) Include state penalties for noncompliance.
(c) Service. — Such service shall be deemed properly served upon such owner and/or occupant if a copy thereof is delivered to the owner and/or occupant personally; or by leaving the notice at the usual place or abode, in the presence of someone in the family of suitable age and discretion who shall be informed of the contents thereof; or by certified or registered mail service addressed to the owner and/or occupant at the last known address. If the owner, agent or person in control is not found, a copy of the notice posted in a conspicuous place on the premises shall be deemed the equivalent of personal service, upon posting. Any notice herein shall, if mailed, be deemed to be effective upon mailing.
(d) Service on occupant. — When a condemnation order is served on an occupant other than the owner or person responsible for such compliance, a reasonable time to vacate the property after noncompliance shall be stated. Owners or persons responsible for compliance must vacate at the time set for correction of defects if there is failure of compliance.
(e) Penalties. — Failure to comply with orders and notices shall be subject to the penalties set forth in § 4131(b) of this title.
(f) Transfer of ownership. — It shall be unlawful for the owner of any dwelling unit or structure who has received a compliance order or upon whom a notice of violation has been served to sell, transfer, mortgage, lease or otherwise dispose of such property to another until the compliance order or notice of violation has been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of violation issued by the code official and shall furnish to the code official a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice of violation.
65 Del. Laws, c. 153, § ?1; 67 Del. Laws, c. 386, §§ ?11, 12; 70 Del. Laws, c. 186, § ?1;