Delaware Code Title 9 Sec. 2511 – Use and maintenance of building or structure erected in violation of …
(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 delineated in the New Castle County Building Code as adopted by the County Council of New Castle County pursuant to the purpose of this chapter or constructed in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department or in violation of any order of the Department.
Terms Used In Delaware Code Title 9 Sec. 2511
- Building: means a structure having a roof and intended to shelter persons, animals, property or a business activity. See Delaware Code Title 9 Sec. 2501
- Building sewer system: means equipment, appliances, pipes, fittings, fixtures and other appurtenances that convey liquid and water-carried waste from the building or structure to a public sewer, private sewer, individual sewage disposal system or other point of disposal. See Delaware Code Title 9 Sec. 2501
- constructed: means the building, installation, alteration, repair, replacement, maintenance, removal or demolition of a building, structure, mechanical system, fuel gas system, plumbing system, building sewer or similar system, or the components thereof. See Delaware Code Title 9 Sec. 2501
- County Council: shall mean the County Council for New Castle County. See Delaware Code Title 9 Sec. 2501
- Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 9 Sec. 2501
- Fuel gas system: shall mean natural or liquid gas appliances and related accessories, including gas piping extending from the point of delivery to the inlet connections of appliances. See Delaware Code Title 9 Sec. 2501
- Mechanical system: shall mean a system permanently installed and utilized to provide for the control of environmental conditions and related processes within buildings and structures, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy related systems. See Delaware Code Title 9 Sec. 2501
- Permit: includes any building permit, license, zoning permit, certificate of occupancy, certificate of use, certificate of completion, subdivision approval and any other official action of government having the effect of permitting construction, occupancy or use. See Delaware Code Title 9 Sec. 2501
- Plumbing system: means the equipment, appliances, pipes, fittings, fixtures and other appurtenances in or about a building or structure for bringing in the water supply and removing liquid and water-carried waste. See Delaware Code Title 9 Sec. 2501
- Structure: shall mean a man made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 2501
(b) A person who has constructed or is maintaining such a building or structure or constructed a mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, shall remove the building, structure or system or cause the same to be removed. If such person fails to do so, the Department of Land Use may remove such unlawful building, structure or system or cause the same to be removed or altered to comply with the law. Whatever expense shall be incurred in relation thereto shall be paid by the Office of Finance out of the moneys in the Treasury; and the owner or owners shall be jointly and severally liable to New Castle County for the full amount so expended. New Castle County may maintain an action at law against such owner or owners to recover the sums of moneys so expended, plus lawful interest and costs.
44 Del. Laws, c. 84, § ?5; 16 Del. C. 1953, § ?8314; 75 Del. Laws, c. 85, § ?5;