Delaware Code Title 31 Sec. 4132 – Demolition
(a) In general. — The code official may order the owner of premises upon which is located any structure or part thereof, which in the code official’s judgment is so old, dilapidated or has become so out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human habitation, occupancy or use, so that it would be unreasonable to repair the same, to raze and remove such structure or part thereof; or, if it can be made safe by repair, to repair and make safe and sanitary or to raze and remove at the owner’s option; or, where there has been a cessation of normal construction of any structure for a period of more than 2 years, to raze and remove such structure or part thereof.
Terms Used In Delaware Code Title 31 Sec. 4132
- Contract: A legal written agreement that becomes binding when signed.
- Lien: A claim against real or personal property in satisfaction of a debt.
- 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
- Summons: Another word for subpoena used by the criminal justice system.
(b) Order. — The order shall specify a time in which the owner shall comply therewith and specify repairs, if any. It shall be served on the owner of record or an agent where an agent is in charge of the building and upon the holder of any lien in the manner provided for service of a summons by a court of record. If the owner or a holder of a lien of record cannot be found, the order may be served by posting it on the main entrance of the building and by publishing it once each week for 3 successive weeks in a newspaper of general circulation in accordance with the rules of the Justice of the Peace Court.
(c) Restraining actions. — Anyone affected by any such order may, within 30 days after service of such order, apply to a Justice of the Peace Court for an order restraining the code official from razing and removing such structure or parts thereof. The Court shall determine whether the order of the code official is reasonable, and if found unreasonable, the court may issue a restraining order.
(d) Failure to comply. — Whenever the owner of a property fails to comply with a demolition order within the time prescribed, the code official shall cause the structure or part thereof to be razed and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such razing and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate as provided in § 4134 of this title.
(e) Salvage materials. — When any structure has been ordered razed and removed the code official or other designated officer may sell the salvage and valuable materials resulting from such razing or removal, such materials to be sold at the highest price obtainable. The net proceeds of such sale, after deducting the expenses of such razing and removal, shall be promptly remitted with a report of such sale or transaction, including the items of expense and the amounts deducted, for the use of the person who may be entitled thereto, subject to any order of a court. If such a surplus does not remain to be turned over, the report shall so state.
65 Del. Laws, c. 153, § ?1; 67 Del. Laws, c. 93, §§ ?2, 3; 67 Del. Laws, c. 386, § ?16;