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PROVISIONS OF THE DELAWARE CONSTITUTION, DELAWARE LAW, PERTINENT TO NEW CASTLE COUNTY
CONSTITUTION OF THE STATE OF
Article II, Section 25, permitting General Assembly to enact laws under which New Castle County in the exercise of its police power may adopt zoning, subdivision and building ordinances, laws or rules excepting land and structures used for agricultural purposes. Article II, Section 19, prohibiting the General Assembly from passing any local or special law relating to fences or the straying of livestock. Article III, Section 11, requiring County elected officials to be a New Castle County resident for one year, be eligible to vote and prohibiting the holding of dual offices. Article III, Section 13, permitting the Governor for reasonable cause to remove any County elected official upon two-thirds concurrence of the General Assembly. Article III, Section 22, providing for four year terms for County elected row officers. Article III, Section 23, requiring the County elected row officers to maintain their place of office in Wilmington. Article IV, Section 31, providing that the Register of Wills may hold the Register's Court, issue process and seek counsel from the Court of Chancery. Article IV, Section 32, concerning the Register of Wills procedure for adjustment and settlement of executors' and administrators' accounts. Article V, Section 3, prohibiting the inducement or reward for the giving or withholding of a vote at an election. Article V, Section 7, providing penalties for influencing a voter. Article VIII, Section 1, requiring all County taxes shall be uniform upon the same class of subjects within the County except for exemptions that promote the public welfare with special provisions for land dedicated to agricultural use. Article VIII, Section 4, requiring a three-fourths (3/4 ths ) vote of the General Assembly for the State to appropriate or loan funds to the County to be used for a public purpose. Article VII, Section 8, providing that no County shall lend its credit or appropriate money to or assume the debt of or become a shareholder of a private corporation, person or company; public funds may not be used for a private purpose. Article VIII, Section 11, requiring a three-fifths (3/5 ths ) vote of the General Assembly for the County to impose any new tax or license fee. Article XIV, Section 1, form of oath of office for public officers. Article XV, Section 2, requiring public officers to provide receipt for fees. Article XV, Section 4, providing that no law shall extend the term of a public officer or diminish his or her salary or emoluments after election or appointment; does not apply to statutorily scheduled increases to take effect at a future date. Article XV, Section 5, requiring all public officers to hold office until successors duly qualified unless otherwise provided. Article XV, Section 6, permitting the Governor to remove any public officer convicted of misbehavior in office or of any infamous crime. Schedule Section 8, providing terms of County officers made elective by amended Constitution shall commence on first Tuesday in January after election unless otherwise provided in amended Constitution or Schedule. DELAWARE STATE LAW Title 1 Chapter 5: Legal Holidays Section 501, designating the legal holidays that the County is subject to per Section 1.01.008 of the New Castle County Code. Title 2: TRANSPORTATION Part I: Aeronautics Chapter 1: Regulation Section 136, providing that the Department of Transportation ("DelDOT") may offer its technical services and advice to the County in connection with the construction, maintenance or operation of an airport. Section 142, providing DelDOT may render assistance in the acquisition, development, operation or maintenance of airports and aviation projects of the County and in training for formal education programs from funds generates through fees, taxes and other sources. Chapter 9: Airports of Political Subdivisions Section 906, providing that the County may exercise condemnation to acquire property need for an airport use. Section 931, providing that the County may accept federal or private monies for the acquisition, construction, enlargement or maintenance of airports. Title 3: AGRICULTURE Part I: Department of Agriculture Chapter 9: Delaware Agricultural Lands Preservation Act Section 906 providing that the County shall establish a Farmland Preservation Advisory Board. Part II: Regulatory Provisions Chapter 14: Agricultural and Forestal Nuisances Section 1401, providing that an agricultural use for more than year shall not be considered nuisance to adjacent properties developed thereafter so long as the use is operating according to all applicable laws. Part VI: Domestic and Foreign Animals, Birds, Retiles and Insects Chapter 72: Possession of Mammals or Reptiles Exotic to Delaware Section 7201, no person shall hold, sell or exhibit non-native wild animal or reptile or hybrid without State permit; Department of Agriculture may adopt rules or regulations. Chapter 79: Miscellaneous Provisions Concerning Animals Section 7901, establishing the Delaware Society for the Prevention of Cruelty of Animals. Title 4: ALCOHOLIC LIQUORS Chapter 5: Licenses and Taxes Section 584, prohibiting County from imposing license fees or taxes upon the business of liquor sales. Title 6: COMMERCE AND TRADE Subtitle II: Other Laws Relating to Commerce and Trade Chapter 36: Home Construction and Improvement Protection Section 3601 et al, establishing the New Home Buyer Protection Act.; unfinished work. Chapter 44: Home Solicitation Sales Section 4401 et al, providing consumer protection in home solicitation sales. Chapter 46: Fair Housing Act Section 4600 et al. establishing the Fair Housing Act prohibiting discrimination in the sale or rent of housing. Title 7: CONSERVATION Part I: Game, Wildlife and Dogs Chapter 17: Dogs Section 1740, permitting the County to adopt its own program dangerous or potentially dangerous dogs. Part IV: Agricultural and Soil Conservation; Drainage and Reclamation of Lowlands Chapter 39: Soil and Water Conservation Districts Section 3901 et al, establishing Soil and Water Conservation Districts for the purpose of preventing erosion, floodwater and sediment damages and for the conversation, protection, development and utilization of the State's soil and water resources; appropriations. Chapter 40: Erosion and Sedimentation Control Section 4001, providing for the control and management of stormwater runoff and establish an Erosion and Sedimentation Control Program to conserve and protect resources; requires the County to adopt, and submit for approval, its own Sediment and Stormwater Runoff Program. Chapter 41: Drainage of Lands and Management of Waters; Tax Ditches Section 4101 et al, providing for the creation of tax ditches to alleviate flooding; administered by Soil Conservation District; County to collect taxes for creation and maintenance. Part V: Public Lands, Parks and Memorials Chapter 45: Public Lands Section 4521, requiring the County shall provide forty-five (45) day notice to resident House and Senate representative before any variance or rezoning is issued on State park property. Part VII: Natural Resources Chapter 60: Environmental Control Section 6039, providing for developer liability for remediation of debris disposal areas. Chapter 66: Wetlands Section 6604, prohibiting activity in wetlands until approval is granted from the County and a permit from DNREC is issued. Chapter 69: Conservation Easements Chapter 69, providing for the creation, conveyance, acceptance and duration of Conservation Easements to preserve scenic and environmental resources. Chapter 71: Noise Control and Abatement Chapter 71, providing jurisdiction to Homeland Security to promulgate regulations on noise control and to DNREC to enforce the same; includes noise emanating from motor vehicles. Chapter 75: Delaware Land Protection Act Section 7508, requiring the County to adopt overlay zoning and guidelines identifying and protecting State resources such as ecological functions and historic and archeological sites. Title 9: COUNTIES Part 1: Provisions Affecting All Counties. Chapter 3: County Governments Generally Section 302, providing that elected County officers may not hold another position within County government. Section 303, requiring that vacancies to be filled by County Council vote; special election held within six months. Note vacancy provisions specific to New Castle County codified in 9 Del. C. § § 1114, 1145 and 1147. . Section 305, prohibiting the County from levying capitation tax. Section 306, permitting agritourism activities on farms of ten (10) or more acres. Section 310, requiring the County to adopt regulations governing owners of commercial property to designate parking spaces for the disabled; penalties for failure to do so. Section 311, permitting the County to contract with insurance companies to insure employees against injury or death; permitting the County to opt into Delaware's Workman's Compensation Laws. Section 312, providing that the County's system of personnel administration based upon individual merit prevails over any inconsistent provisions of Title 9. Section 313, permitting one (1) mobile home on farms less than fifty (50) acres and two (2) mobile homes on farms fifty (50) acres or greater. Section 314, requiring County contracts greater than fifty thousand dollars ($50,000) be competitively bid and awarded to the lowest responsible bidder excepting professional services and printed matter for libraries. Section 315, requiring all documents relating to the financial accounts of the counties be open to inspection by any taxpayer. Section 316, requiring all fines and forfeitures imposed within the County to be paid to the Department of Finance; liable for interest upon failure to deposit. Section 317, providing title to land acquired by the County be held in name of the County and conveyed via ordinance. Section 318, providing that suits, actions or proceedings brought by the County be in the name of the County resulting in an implied waiver of sovereign immunity. Section 330, setting forth the general powers and duties of County Council and prohibiting the County from regulating ownership, transfer, possession or transportation of firearms. Section 331, requiring Governor to appoint official for a two (2) year term upon a tie vote in election. Section 332, permitting County Council to be reimbursed for traveling expenses not to exceed five thousand ($5,000) per annum. Section 333, requiring the clerk of the peace or any such elected official, to administer the oath of office to elected officials at a public meeting and have such oath reflected in the minutes. Section 334, requiring County Council to meet for organization on the first Tuesday in January following the biannual general election and the Council President to be elected by a County wide election. Note initial council meeting provisions specific to New Castle County codified in 9 Del. C. § 1169. Section 336, permitting special meetings to be held at the direction of the President or any two (2) members at any public location with the Clerk of Council providing notice to all members of County Council. Note special meeting provision specific to New Castle County in 9 Del. C. §1150 (President or majority of County Council members may call a special meeting.) Section 338, providing that less than a quorum can adjourn a meeting. Section 339, prohibiting County Council's adoption of rules for its government that are inconsistent with the Constitution and laws of the State. Section 340, permitting County Council to employ legal counsel. Section 341, permitting County Council to select and require two constables to attend its meetings. Section 342, requiring the County's fiscal year to commence on July 1 st and end on June 30 th ; see also 9 Del. C. § 1136. Section 343, permitting County Council to prescribe the form of financial transactions. Section 344, permitting County Council to reject and forfeit any demand for allowance that has been assigned or contracted for. Section 345, prohibiting County Council from redeeming any County warrant drawn in favor of another person. Section 346, prohibiting individuals from providing goods or services at a reduced cost to any County official or employee because of their employment with the County; penalties. Section 347, permitting County Council to summon and compel attendance of witnesses to give information relative to their duties. Section 348, requiring the County to competitively bid for the services of certified public accounts to audit the accounts of the County at the end of the fiscal year. Chapter 5: Suburban Community Improvements. Section 501 et al, setting forth the procedures for property owners to request that the County issue bonds for the laying, repairing and completion of streets, signs, sidewalks, the installation of surface drainage, storm sewers and/or the installation of water mains and fire hydrants and levy a special assessment on the properties thereby improved. Chapter 7: Park Districts. Section 701 et al, setting forth the procedures for contiguous property owners to request that the County issue bonds for the establishment and maintenance of parks and other recreational facilities and levy a special assessment on the properties within designated Park Districts thereby improved. Chapter 8: County Libraries. Section 80l, requiring the County to create a countywide library system offering free and equal access or to create library districts supported by taxes levied on real property. Section 802, requiring the County to establish a library advisory board. Chapter 9: Dogs Section 901, providing definitions. Section 902, establishing fees for dog and kennel licenses. Section 903, providing for the inspection of facilities. Section 904, setting forth specifications for the humane handling of dogs. Section 905, establishing the County as the licensing agent. Section 906, permitting the reciprocity of dog licenses State wide. Section 907, permitting the County to establish rules and regulations. Part II: New Castle County Chapter 11: County Council and County Executive. Section 1101, granting County Council broad 'home rule' powers, including the power to fix the tax rate of real property within the County, fix fees for the Recorder of Deeds, apply a building permit surcharge and prohibiting the County from enacting law regarding civil relationships or to define and provide for the punishment of felonies. Section 1102, setting forth the procedure for the transfer of local service function from municipalities to the County via ordinance. Section 1103, permitting the County to exercise its powers as provided by State law or County ordinance or resolution. Section 1111, providing that the County Executive is to be elected in a presidential election year, for no more than two (2) consecutive four (4) year terms and take office the first January following election; County Executive is responsible for the executive and administrative work of the County and shall be recognized as the head of County Council for ceremonial purposes, the purposes of military law and the acceptance of service of process. Section 1112, requiring the County Executive to be a U.S. citizen, a resident of New Castle County five (5) years prior to the election and no less than twenty-seven (27) years of age. Section 1113, requiring the annual salary of the County Executive to be no less than $67,000 which may be changed by ordinance or recommendation by the Compensation Commission. Section 1114, providing that the Council President shall fill any vacancy of the County Executive. Section 1115, providing that the Chief Administrative Officer shall fill in where the County Executive temporarily absent or disabled; provisions where both temporary absent or disabled. Section 1116, setting forth the powers and duties of the County Executive. Section 1117, providing that any function or duty may be delegated by contract to the extent authorized in writing by the County Executive. Section 1118, requiring that the County Executive perform civil defense functions. Section 1119, permitting the County Executive to communicate with County Council. Section 1120, requiring the County Executive to appoint a Chief Administrative Officer and heads of departments with County Council consent; such positions are designated as non-merit. Section 1121, setting forth the powers and duties of the Chief Administrative Officer. Section 1122, granting County Executive power to restructure with County Council consent. Section 1131, requiring the County Executive to submit to County Council a proposed revenue ordinance sufficient to balance the budget, including the segregated Local Service Function Budget; the County shall uniformly impose ad valorem taxation on property within the County exempting costs for local service functions performed by any municipality. Section 1132, requiring the Chief Administrative Officer to distribute budget requests to each department, County Council and row offices prior to January 1 st, , prepare a preliminary budget for consideration by the County Executive who may hold hearings with the department heads; the operating budget and the proposed revenue and operating budget ordinance shall be submitted to County Council not later than April 1 st . Section 1133, providing that adoption of the budget ordinances shall constitute an appropriation of the sum specified in the budget that will lapse at the end of the fiscal year. Section 1134, requiring the Chief Administrative Officer to annually prepare a six year capital program and capital budget in accordance with the comprehensive plan to be submitted to County Council not later than April 1 st . Section 1135, requiring the Chief Administrative Officer to be responsible for the administration of the capital budget. Section 1136, providing that the County's fiscal year commence on July 1 st of each year and conclude upon June 30 th of the following year. Section 1137, defining encumbrance: documented appropriation from a designated vendor. Section 1138, providing that County Council may accept grants from other governmental agencies and appropriate the same upon approval of the budget. Section 1141, setting forth the number and terms of County Council members; President to be elected from County-wide vote; officials take office 1 st Wednesday in November. Section 1142, requiring County Council members to be citizens of the U.S., twenty-four (24) years of age, residents of their district one year prior to their election. Section 1143, prohibiting the holding of dual offices or employment and restricting the hiring by the County of any elected official for one (1) year after term expiration. Section 1144, setting forth the minimum salary for County Council members to be adjusted according to an ordinance adopting the recommendations of the compensation commission; providing for the reimbursement of the actual and necessary expenses incurred in the performance of their duties. Section 1145, requiring the President of Council to be elected in a presidential election year and preside over meetings; County Council by majority vote to elect a President pro tempore to fill any vacancy of the President. Section 1146, vesting all legislative powers in the County Council. Section 1147, providing procedures for a special election upon any vacancy which can occur by death, resignation, removal from office or forfeiture.
Section 1148, permitting County Council to hire a Clerk of County Council and other employees to assist the Clerk. Section 1149, permitting County Council to make investigations into any County department by subpoenaing witnesses, taking testimony and requiring the production of evidence. Section 1150, requiring the County Council to meet publicly two (2) times a month with a one month adjournment, keep a journal of its proceedings and vote by alphabetical roll call; majority constitutes a quorum; additional super majority voting requirements can be imposed. Section 1151, requiring an ordinance for County Council actions having the force of law. Section 1152, requiring ordinances to be in form for final adoption, address one subject excepting budget and text amendments and be published at least one week before consideration; any County Council member can introduce an ordinance at any meeting; title cannot be amended. Section 1153, requiring amendments to Zoning Code be by ordinance and requiring the Department of Land Use and the Planning Board to make recommendations on the same. Section 1154, requiring the amendments to the official map be by ordinance, that DelDOT approve any street line change with affected property owners to be given thirty (30) days notice. Section 1155, providing for procedures for the consideration and adoption of the annual operating budget ordinance to be adopted by June 1 st comprised of the General Operating Budget and the Local Service Function budget. Section 1156, providing ordinances become officially adopted upon signature of the County Executive or within ten (10) days where no signature; upon veto super-majority required to readopt. Section 1157, providing procedures for the adoption of an emergency ordinance. Section 1158, requiring the adoption of a budget of revenues necessary to balance the budget; requiring property tax to be uniformly imposed. Section 1159, requiring the adoption of a six (6) year capital program and capital budget; amendments to be presented to County Executive for recommendation. Section 1160, permitting the unrestricted use of present revenues. Section 1161, requiring the Clerk to keep record of ordinances and every ten (10) years prepare a general recodification; reproduction of ordinance for the public. Section 1162, requiring the adoption of pay plans for compensated officers and employees to be sponsored by the President of County Council; timelines for adoption. Section 1163, requiring a super-majority vote for the creation of debt and authorizing the County to issue bonds for certain purposes; procedures for the sale of bonds. Section 1164, setting forth boundaries for the Councilmanic districts. Section 1165, requiring County Council to redistrict after each decennial census; appointment of Redistricting Commission after the 2010 dicennial census. Section 1166, requiring the County Executive and Council President to be elected for a four (4) year term in presidential election years. Section 1167, permitting the County Council by ordinance to establish departments, offices and agencies of the County and prescribe their functions; discontinuation or transfer of any existing department requires County Executive consent. Section 1168, authorizing the County Council by ordinance to vest the powers of slum clearance and redevelopment to a County Department; see Chapters 43 and 45 of Title 31. Section 1169, prohibiting County Council from meeting between Election Day and the following Tuesday when the newly elected officials take office except in the event of an emergency. Section 1181, requiring the County to secure bonds for the faithful performance of duties of all officers and employees of the County Council. Section 1182, requiring disclosure and recusal from voting on County contracts where a County Council member has substantial financial interest. Section 1183, prohibiting discrimination in employment or exercise of improper influence over selection process of employees. Selection 1184, requiring non-exempt County records to be available for public inspection and permitting reasonable place, time and manner restrictions to be placed on inspection. Chapter 13: County Departments. Section 1301, setting forth the functions of the Department of Land Use. Section 1302, defining 'license' and 'inspection'. Section 1303, requiring the appointment of a nine member Planning Board with staggered three (3) year terms. Section 1304, setting forth the functions of the Planning Board. Section 1305, requiring the adoption of a comprehensive plan expressing general policies and intentions of the County Council with respect to future development; does not have effect of law; amendments to official map shall be in conformance with comprehensive plan. Section 1306, requiring Department approval on subdivisions of land; approval as to the configuration of proposed streets does not constitute a taking or require maintenance thereof. Section 1307, providing for the adoption of an official map and requiring notice to adjacent property owners where street configuration amendments are proposed. Section 1308, prohibiting improvements within any mapped street. Section 1309, providing for the presumption of approval after forty-five (45) days if no action. Section 1310, requiring presentation to DelDOT and Department and County Council approval of any changes to street configurations; permitting establishment of review fees. Section 1311, requiring the appointment of a seven (7) member Board of Adjustment with four (4) year terms. Section 1312, authorizing the Board of Adjustment to promulgate rules with consent of County Executive. Section 1313, setting forth the jurisdiction of the Board of Adjustment; use variances to be approved by County Council; appeal to Superior Court; administrative variances. Section 1314, setting forth the procedure to appeal from the Board of Adjustment. Section 1315, permitting the appointment of a five (5) member Board of License Inspection and Review with four (4) year staggered terms. Section 1316, permitting the appointment of a five (5) member Board of Building Standards with four (4) year staggered terms. Section 1317, requiring the appointment of a seven (7) member Board of Assessment Review with six (6) year staggered terms. Section 1318, setting forth the functions of the Board of Assessment Review. Section 1319, permitting County Council to appoint alternates to the Board of Assessment Review. Section 1320, clarifying that nothing precludes judicial review of an assessment appeal. Section 3121, requiring that the Department perform the functions assigned to the Board of Assessment except where otherwise specifically assigned to the Board. Section 1322, setting forth the procedures for the assessment of property. Section 1323, clarifying the existing obligations and rights of property owners to remain in effect. Section 1331, providing that the County police have all of the police powers conferred by law upon law enforcement officers of the State and can exercise them anywhere within the State; any merger with another force requires approval by the General Assembly. Section 1332, setting forth the functions of the Police Department managed by the Chief of Police; may provide school crossing guards and paramedics. Section 1333, prohibiting any other County department or agency from having a police force. Section 1334, permitting County Council to contract for emergency medical services and fire prevention and extinguishment. Section 1335, providing that jurisdiction for fire prevention and extinguishment is outside incorporated towns within the County. Section 1336, permitting the County to appoint and maintain school crossing guards. Section 1337, setting forth the duties and compensation of school crossing guards. Section 1338, requiring the Police Department to work in conjunction with local school boards in selecting and assigning school crossing guards. Section 1339, providing for the levy and collection of a tax to cover the costs of school crossing guards. Section 1341, setting forth the function of the Department of Special Services. Section 1342, requiring the appointment of a nine (9) member Department of Special Services Board with three (3) year staggered terms. Section 1351, setting forth the functions of the Department of Community Services. Section 1352, requiring the appointment of a nine (9) member Department of Community Services Board with three (3) year staggered terms. Section 1361, setting forth the functions of the Department of Administration managed by Chief Procurement Officer. Section 1371, setting forth the functions of the Office of Finance managed by the Chief Financial Officer. Section 1372, permitting the Chief Financial Officer to obtain any sworn information from any officer or employee as may be necessary for the proper performance of the office. Section 1373, authorizing the Office of Finance to perform the functions assigned to the Receiver of Taxes and County Treasurer prior to 1967. Section 1374, clarifying the existing obligations and rights of property owners to remain in effect. Section 1375, requiring the Office of Finance to collect taxes and resort to judicial proceedings. Section 1376, requiring the Office of Finance to keep records of tax delinquencies. Section 1377, requiring the County Auditor to perform an annual audit on the accounts of the Department. Section 1381, setting forth the functions of the Office of Human Resources managed by the Chief Human Resources Officer. Section 1382, providing that any merit system in effect in 1997 shall remain in effect until County Council has acted in accordance with subchapter. Section 1383, requiring the appointment of a three (3) member Human Resources Advisory Board with six (6) year terms to be compensated fifty dollars ($50.00) per meeting. Section 1384, permitting the County by ordinance to establish a pension program. Section 1391, setting forth the functions of the Law Office managed by the County Attorney who is chief legal advisor to the County Executive and County Council. Section 1392, requiring that the County Attorney be appointed by the County Executive and serve at his or her pleasure. Section 1393, requiring the attorneys in the Law Office to be admitted to the Delaware Bar. Section 1394, requiring the County Attorney to appoint Assistant County Attorneys as may be authorized by County Council; requiring First Assistant County Attorneys to be under the merit system. Section 1395, requiring the County Executive to determine the salary of the attorneys in the Law Office. Section 1396, permitting County Council to employ employees as may be required to perform its functions. Section 1397, authorizing the County Attorney to conduct investigations, subpoena witnesses and institute civil or criminal proceedings where there is reasonable cause to believe there is a violation of the County's laws, ordinances or regulations. Chapter 14: The County Auditor. Section 1401, setting forth the criteria for selection, qualification, compensation, term and removal of County Auditor; prohibition from engaging in partisan politics. Section 1402, permitting County Council to establish positions to assist the County Auditor upon Audit Committee's recommendation; qualifications; contracting with outside auditors. Section 1403, requiring the County Auditor to engage an outside firm to conduct an annual audit of the annual financial report of the Chief Financial Officer. Section 1404, requiring the County Auditor to oversee the annual audit of the financial affairs of the County; requiring the appointment of a five (5) member audit committee to meet quarterly. Section 1405, requiring copies of audits to be furnished to certain officers; requiring the County Auditor to conduct investigations, make reports and recommendations. Section 1406, requiring the County Auditor to provide assistance to County Council. Section 1407, requiring the County Auditor to submit schedule of audits to Audit Committee for approval. Section 1408, requiring the cooperation of all officers and employees with an audit. Section 1409, requiring County Council to contract with an outside audit firm to make a post-audit of the financial affairs of the County. Section 1410, requiring the Audit Committee to conduct quality assurance reviews every three (3) years. Chapter 15: Government of New Castle County. Section 1502, prohibiting County officers or employees from furnishing labor or material or financially benefit on public work performed by the County. Section 1521, granting the County general jurisdiction over sewers, garbage disposal, drainage, engineering construction of public buildings, fire protection, ambulance service, etc.; permitting the hiring of consultants and disposal of surplus lands by ordinance. Section 1522, granting County Council the right to authorize the borrowing of money by issuing bonds, notes or certificates of indebtedness not to exceed $10,000,000; parameters. Section 1523, permitting the Office of Finance to create a sinking fund for public buildings, public improvements and public works. Section 1524, permitting the County Council to regulate or prohibit the dumping of garbage, ashes or other waste material exempting Blackbird and Appoquinimink hundreds; imposing a two hundred dollar ($200 fine); permitting the licensing of garbage collectors. Section 1525, permitting the County to survey, accept by dedication or purchase lands necessary to widen, straighten or alter creeks. Section 1562, permitting the County to appropriate monies towards the maintenance and support of free public libraries; permitting the Wilmington Institute, a corporation of the State to administer the same. Section 1563, permitting the County Council to make annual appropriations to certain charities. Chapter 21: Street and Highway Lighting. Section 2101, permitting a majority of property owners to petition for street lighting with the County entering the contract for provision of the same and levy a tax for costs. Section 2102, requiring the County to levy a tax for street lighting for actual cost plus administration exempting farm land. Section 2103, requiring the County to keep light tax funds in separate account. Section 2104, permitting a majority of property owners to petition for the removal of street lighting after three (3) years. Chapter 22: Sewers. Section 2202, authorizing County to plan, construct, acquire by gift, purchase or eminent domain, operate or maintain any sewerage system or enter into contracts for the same. Section 2203, requiring the County to obtain consent by ordinance from any city or town before constructing a sewer line within its boundaries. Section 2204, authorizing the County to issue bonds for the planning, acquisition, purchase, construction, reconstruction or extension of any sewerage system. Section 2205, providing that authorized signatures on bonds are valid even if individual no longer in employ of County; ordinance authorizing issuance of bonds shall recite they are issued per this chapter. Section 2206, requiring the County to annually appropriate to the payment of such bonds the amount due with interest; authorizing County to use property tax towards payment. Section 2207, permitting the County to impose covenants when issuing revenue bonds with regard to purpose, use and disposition of the revenue which are enforceable at law. Section 2208, requiring the County to collect sewer user fees where the County issues bonds. Section 2209, permitting the County to collect sewer user fees based upon water consumption. Section 2210, setting forth penalties upon nonpayment of sewer user fees; ability to terminate service and request wage attachment. Section 2211, providing that unpaid sewer user fees and penalties are a lien on the subject parcel; charges greater than two-hundred and fifty dollars ($250) may be taken to Sheriff's sale. Section 2212, permitting the County to issue a sewer connection license, the fees for such permits shall become a lien paramount to all other except tax liens; Special Services to maintain a New Castle County Sewer Lien Docket. Section 2214, permitting the County to discontinue water service for non payment of sewer user fees. Section 2215, permitting the County to contract via adoption of a resolution with another municipality within the County to provide sewage disposal originating in such municipality. Section 2216, requiring County Council to issue permits to licensed plumbers when connecting any property by a drain with any County sewer. Section 2217, requiring a licensed plumber to do plumbing work in connecting any property with a County sewer subject to the approval of Special Services. Section 2218, imposing penalties for misrepresentations made on an application or improper connection to the County sewer. Section 2219, providing for access to property for inspections of County sewer connections. Section 2222, authorizing the County to collect service charges by monition. Section 2223, setting forth the procedures for obtaining the issuance of a monition. Section 2224, setting forth the form of monition. Section 2225, setting forth the procedures for service of the monition and procedures for notifying all those with real or equitable interests in the property notice of the monition. Section 2226, setting forth the procedures for objecting or defending to such monition. Section 2227, providing for a jury trial in Superior Court where affidavit of defense filed. Section 2228, providing for discharge of the lien upon the posting of a bond. Section 2229, providing for a writ of venitioni exponas directing that the Sheriff sell the property. Section 2230, providing that sale of the property discharges seller from County liability. Section 2231, providing procedures where the seller refuses to convey the property purchased. Section 2232, providing procedures for redemption within sixty (60) days after Sheriff's monition sale upon payment of amount owed plus penalties. Section 2233, providing for procedures to petition after redemption; owner still liable for outstanding liens not satisfied by proceeds of Sheriff's monition sale. Section 2234, providing for the approval or set aside of the Sheriff's monition sale. Section 2235, requiring that service charge to be collected by a lien on property prior to Sheriff's monition sale and vesting jurisdiction in the Superior Court. Section 2236, providing for fees and costs to be collected for Sheriff's monition sale. Chapter 23: Sanitary Sewer Districts. Section 2301, authorizing County Council to establish sanitary sewer districts. Section 2302, setting forth procedures to establish or amend a sanitary sewer district. Section 2303, providing for residents to petition the County to create a sanitary sewer district. Section 2304, setting for public notice and hearing procedures for petitioning County. Section 2305, requiring County Council to vote upon the petition by resolution and to request that estimates of construction costs and assessments be prepared. Section 2306, setting forth procedures for conducting election by those affected by the district. Section 2307, setting forth procedures upon voter approval of district. Section 2308, permitting the construction to be sized to permit future connections. Section 2309, permitting the County to act as an agent for municipalities within the County's jurisdiction in constructing and maintaining sewer laterals and imposing an assessment. Section 2310, requiring the County to adjust previous assessments when new connections made. Section 2311, authorizing the issuance of bonds to fund cost of construction of sewage disposal facilities. Section 2312, requiring advertising of the bonds for sale or auction inviting bids for the bonds. Section 2313, permitting the County to require bids be accompanied by a certified check in amount of bid to be returned if not awarded to applicant. Section 2314, permitting the County to reject all offers or award bid to bidder that offers most advantageous terms. Section 2315, setting forth procedures for preparation, form and execution of bonds. Section 2316, requiring the County to annually establish Sanitary Sewer District Assessment after public hearing. Sections 2317, requiring the collection of assessments to be collected as are other County taxes. Section 2318, permitting County Council to promulgate rules governing the use of the sewerage systems or treatment plants under their control. Section 2319, permitting the County Council to accept grants or loans of labor or materials from other governmental agencies and pay back in same manner as bonds. Section 2320, validating previously created sanitary sewer districts. Section 2321, permitting the County, where it deems necessary for the preservation of public health, to mandate connection to the sanitary sewer; providing procedures for noncompliance. Chapter 24: Garbage Disposal. Section 2401, permitting County Council to acquire land to construct and operate an incinerator or garbage disposal plant. Section 2402, permitting the County Council to acquire land by purchase or by the exercise of eminent domain. Section 2403, permitting County Council to enter into contracts, leases or agreements pertaining to the operation of plants and establish fees for the services rendered. Section 2404, authorizes the County Council to borrow money and issue bonds for purposes of acquiring land and constructing the plant. Section 2405, setting forth the terms of bonds. Section 2406, requiring County officers to execute bonds and keep a record of the same. Section 2407, setting forth the procedure for the sale of bonds. Section 2408, permitting the County to pay the bonds through taxation so long as separate account maintained. Section 2409, requiring the County to maintain a separate account to deposit proceeds of sale. Section 2410, providing that bonds are exempt from State, County and municipal taxation. Section 2411, providing definition of garbage disposal plants. Chapter 25: Building Code. Section 2501, providing definitions. Section 2502, requiring the County to adopt a Building Code. Section 2503, existing structures grandfathered unless specifically included. Section 2504, authorizing the County to require registration and testing of those engaged in construction activity. Section 2505, authorizing the County to charge fees for the administration and enforcement of Building Code as well as for permits, inspections and registrations. Section 2506, authorizing the Department to enforce the Building Code except as otherwise provided by State law or by rule or regulation adopted by County Council. Section 2507, permitting the Department to accept certified inspections from outside agencies for inspections of elevators, fuel oil equipment or electrical wiring. Section 2508, requiring the Department to keep records of all documents for public viewing including, but not limited to, property violations along with the name of the owner or builder and excluding construction plans for structures less than $200,000. Section 2509, providing that all construction and related systems are to be code compliant, compliant with any rule or order of the Department of Land Use and become operable only after issuance of a permit or certificate allowing its use; existing occupancy classification or use can be changed only by issuance of occupancy or use permit. Section 2510, requiring a building permit for the construction of any structure or system; DelDOT through the Office of Aeronautics shall object within thirty (30) days of being notified of permit. Section 2511, prohibiting the use of structures not in compliance with the New Castle County Code, any recorded plan or any order or directive of the Department of Land Use; providing for removal and reimbursement. Section 2512, setting forth the procedure for violation: notice, minimum five (5) days to remediate, stop work orders where violation contrary to public welfare. Section 2513, providing for a maximum one thousand dollar ($1,000.00) penalty for violations of the Building Code with each day being a separate offense. Section 2514, permitting the County to institute abatement proceedings to prevent or abate a violation. Section 2515, exempting from the Building Code, structures and properties devoted to agricultural uses and structures and properties within incorporated municipalities that have not transferred building inspection responsibilities to the County. Chapter 26: Zoning. Section 2601, authorizing County Council to adopt a Zoning Code exempting structures and properties devoted to agricultural uses (including hayrides, horseback riding, guided tours and petting zoos), farm markets, roadside stands and agritourism activities subject to certain requirements. Section 2602, permitting the County to create zoning districts; requiring uniformity for each class or kind of buildings throughout district. Section 2603, requiring Zoning Code regulations to be consistent with comprehensive plan; setting forth purposes and goals to be furthered by the Zoning Code; prohibiting regulations that are arbitrary or capricious. Section 2604, requiring the Department of Land Use to utilize expert advice from outside governmental agencies, maps and technical data. Section 2605, authorizing the Department of Land Use to subpoena witnesses for any public hearing. Section 2607, setting forth procedures for County and applicant initiated rezonings with regard to notices, recommendations and public hearings. Section 2608, permitting the Department of Land Use to cooperate with other municipal and State planning agencies. Section 2609, prohibiting uses not in compliance with Zoning Code; providing a maximum penalty of one hundred dollars ($100.00) and/or ten (10) days imprisonment; authorizing the County to pursue civil remedies to prevent, remedy or abate violations. Section 2610, requires the grandfathering of nonconforming situations or uses; permits nonconforming use to be expanded within building so long as no structural changes; authorizing County to enact regulations for reconstruction and extensions; requiring properties acquired by County at Sheriff's sale due to tax delinquency to be fully compliant with Zoning Code. Section 2611, providing that where conflict, more stringent regulations apply. Section 2612, requiring that group homes with ten (10) or fewer disabled persons to be treated as a single family residence for zoning purposes. Section 2613, requiring County Council to notify local school districts seven (7) days prior to the initial hearing on a residential rezoning change. Section 2614, requiring supermajority vote where Department of Land Use recommends against approval of rezoning or deed restriction change. Section 2615, requiring notice to property owner (unless he or she is applicant) and all adjacent property owners within seven (7) days prior to the initial hearing on a rezoning change. Section 2616, requiring structures 25,000 sq. ft. or with a certificate of occupancy issued after February 28, 2009 to be equipped with State of Delaware emergency communication equipment exempting agricultural structures; will sunset upon erection and operation of all towers associated with the Next Generation 800 MHz Project. Section 2651, providing for the Quality Life Act of 1988, strengthening the County's role in land use planning and encouraging cooperation among the municipalities; prohibiting development inconsistent with the adopted land use map adopted as part of the comprehensive plan. Section 2652, providing definitions. Section 2653, authorizing the County to zone land, allow for transfer of development rights subject to certain requirements; requiring the adoption of a comprehensive plan. Section 2654, providing Act applicable to unincorporated areas of the County. Section 2655, requiring the establishment of a local planning agency which may be the County Council, the Department of Land Use, the Planning Board or some other instrumentality to make recommendations on the proposed comprehensive plan and text amendments. Section 2656, setting forth components of comprehensive plan; requiring five (5) year capital improvement plan to be adopted and consistent with the comprehensive plan. Section 2657, requiring the State to cooperate with the counties and municipalities in the development of the comprehensive plan by providing technical advice, resources and guidance. Section 2658, requiring State to hold public meeting for counties and municipalities to present their respective plans; providing for a review and certification process; requiring monitoring report. Section 2659, prohibiting development inconsistent with the adopted land use map adopted as part of the comprehensive plan; permitting text amendments to apply retroactively so long as they do not amend the comprehensive plan; requiring plans that do not secure final approval within five (5) years to meet certain environmental, traffic and concurrency standards; permitting sunsetting of plans after five (5) years. Section 2660, requiring the comprehensive plan to be updated every five (5) years, amendments thereto to be submitted to the State planning for review and certification and adoption of official map within eighteen (18) months of plan approval. Section 2661, requiring all subdivision plans to be filed with the Recorder of Deeds; requiring consideration of State agency comments; requiring certification of school capacity or voluntary assessment for residential development exempting age-restricted development or low income housing; prohibiting approvals to be premised on adequate school capacity. Section 2662, requiring the County and DelDOT to enter into a memorandum of understanding to be adopted by resolution with regard to traffic concurrency standards and provide for the review of traffic impacts based upon existing, projected and proposed traffic. Section 2699, providing the Citizens Bill of Rights Act prohibiting retaliatory lawsuits by developers when their plan is challenged by an individual or association of individuals. Chapter 28: Water Supply. Section 2801, providing definitions. Section 2802, authorizing the County to purchase or condemn lands to plan and construct a water supply system in the White Clay Creek Watershed; contract with a public utility company to operate and manage system; issue bonds and levy taxes for payment of the same. Section 2803, authorizing the issuance of bonds; terms. Section 2804, authorizing signatures on bonds, validity of issuance. Section 2805, requiring annual payment of bonds; levy taxes for payment of the same. Section 2806, authorizing the imposition of fees for water usage or reserved right of usage; impose lien and execute upon non-payment. Section 2807, authorizing the exercise of eminent domain to acquire land. Section 2808, requiring the holding of property to be in specific name. Section 2809, providing for fines between twenty-five ($25) and one hundred ($100) dollars for violations; each day being a separate offense; authorizing the institution of injunction proceedings or suit for civil damages. Section 2810, providing DRBA's authority is not affected by Chapter 28. Chapter 29: Property Maintenance. Section 2901, providing for definitions. Section 2902, requiring the adoption of a Property Maintenance Code. Section 2903, authorizing the Department to enforce the Property Maintenance Code except as otherwise provided. Section 2904, prohibiting the accumulation of weeds or trash so as to create a nuisance detrimental to adjacent property owners. Section 2905, permitting the imposition of fees for the administration and enforcement of Property Maintenance Code including fees for inspection and reinspection. Section 2906, authorizing the Department of Land Use to issue rules, notices or orders as may be necessary to address illegal, unhealthy or unsafe conditions. Section 2907, authorizing the Department of Land Use after notice to abate violations and lien property. Section 2908, authorizing County Council to establish a schedule of fees not to exceed those provided for in 11 Del. C. §5917 ($1,000 unless classified as a misdemeanor, then tiered according to number of offenses within a twelve (12) month period: $250 - $1,000, $500 - $2,500, $1,000 - $5,000). Section 2909, providing nothing prohibits County from bringing action to prevent, abate or enjoin violation. Section 2910, providing no application in incorporated municipalities unless such local function was transferred. Chapter 30: Subdivision and Land Development. Section 3001, providing definitions. Section 3002, authorizing the County to regulate the subdivision of land. Section 3003, requiring the Planning Board to publish notice and hold a public hearing on text amendments prior to County Council's consideration. Section 3004, requiring the County to adopt procedures for the timely review of plans and to confirm that all plans are Code compliant. Section 3006, prohibiting the construction of improvements to be dedicated to the public or the subdivision land without County approval; providing for a two hundred dollar ($200.00) fine and/or imprisonment for violation; providing for civil remedies. Section 3007, prohibiting the recording of subdivision plans without County approval; providing for one hundred ($100) to five hundred ($500) dollar fine to be imposed by Superior Court. Section 3008, providing that streets are dedicated to DelDOT upon recordation; permitting the County to adopt regulations for the removal of snow from the time of recordation until assumed by maintenance corporation. Section 3009, requiring plans to be recorded within one hundred twenty (120) days of approval. Section 3010, requiring the County to establish fees proportionate to the cost of processing plans. Section 3011, providing that public streets and public grounds automatically amend the official map of the County upon recordation. Section 3012, requiring notice to local school districts seven days prior to County Council's consideration where plan proposes an increase in residential density. Section 3013, providing that upon the County's acquisition of open space shown on a plan, it is deemed as dedicated and available for public use and the County has no maintenance responsibility. Chapter 32: New Castle County Tax Increment Financing (TIF) Act. Section 3201, providing title of Act. Section 3202, providing definitions. Section 3203, authorizing the County to borrow money by issuing and selling bonds within the debt limits of the County to finance industrial, commercial or residential development. Section 3204, requiring the bonds to be paid from special fund and from taxes levied on the parcels. Section 3205, setting forth the purposes for which the bonds may be used. Section 3206, authorizing the County to establish a TIF district in Claymont by resolution and thereafter levy taxes on the newly created parcels and paid into specific fund. Section 3207, authorizing the County to establish additional TIF districts by resolution. Section 3208, setting forth the purposes for which funds from the special fund may be used. Section 3209, permitting the County to enter into agreement with other taxing agencies that some or all of the property taxes levied on such parcel will be paid into the special fund. Section 3210, requiring the County to adopt ordinance describing project prior to authorizing bonds. Section 3211, providing that the bonds shall be exempt from taxation. Section 3212, setting forth the form and terms of bonds; providing that the bonds are nonrecourse to the County and shall only be paid from TIF and special development districts (SDD) assessments. Section 3213, requiring the County to require any lessor in a TIF to pay taxes thereon. Section 3214, requiring the use of TIF lands to be consistent with comprehensive plan. Section 3215, providing Chapter is to be liberally construed to affect its purpose. Chapter 33: New Castle County Special Development Districts. Section 3301, providing definitions. Section 3302, authorizing the County to create SDD, levy taxes and issue bonds to provide for financing for designated purposes. Section 3303, setting forth procedure by which two-thirds of property owners can request the creation of a SDD. Section 3304, requiring the bonds to be paid from a special fund; setting forth use of proceeds. Section 3305, requiring the County to establish a SDD district in Claymont by resolution, create a special fund and provide for the levy of taxes before issuing bonds Section 3306, providing that where no bonds are outstanding the SDD shall terminate. Section 3307, requiring the County to adopt ordinance describing project and setting forth terms of bond prior to authorizing bonds; providing procedure of request by property owners. Section 3308, providing that the bonds shall be exempt from taxation. Section 3309, providing form of bonds. Section 3310, providing the bonds issued are securities. Section 3311, authorization in this Chapter does not infringe on powers currently existing. Section 3312, providing Chapter is to be liberally construed to affect its purpose. Section 3313, authorizing the County to levy special taxes as an alternative to ad valorem taxes. Section 3314, providing that the bonds do not constitute a general obligation debt. Section 3315, requiring the use of SDD lands to be consistent with comprehensive plan. Section 3316, exempting special betterments (i.e. cable lines) and public utilities from special taxation. Part V: County Taxes Chapter 80: County Taxes. Section 8001, requiring the County to pass its budget by June 1 st . Section 8002, requiring the County to fix tax rate after budget passed based upon $100 of assessed value; setting forth limitation after reassessment Section 8003, requiring the County to levy taxes by June 1 st . Chapter 81: Limitations on Taxing Power. Section 8101, requiring uniform taxation; setting forth special betterments considered real property; exempting nutrient management facilities. Section 8102, authorizing the County to collect a transfer tax no greater than 1.5% of value; requiring the exemption of first time home buyers; requiring proceeds to go to specific services. Section 8103, prohibiting the taxation of real property. Section 8105, exempting property owned by governmental, religious, educational or charitable organization not held by way of investment. Section 8106, providing for exemption for identified agencies, maintenance corporations, cemeteries, parks, community owned and maintained pools and public open space. Section 8107, exempting motion picture studios and plants from taxation for fifteen (15) years. Section 8108, exempting railroad tracks within the right of way from taxation Section 8109, exempting off-street parking facilities for twenty (20) years. Section 8110, exempting open space owned by civic organizations. Section 8131, providing definitions. Section 8132, setting forth income thresholds ($3,000) and assessed valuation ($5,000). Section 8133, setting forth procedures for senior citizen application for tax exemption. Section 8134, setting forth contents of application. Section 8135, providing that exemption upon approval of application. Section 8136, providing that the assessor may require the filing of a new application; requiring the applicant to disclosure any changes effecting their exemption. Section 8137, providing exemption apportioned where there is no common ownership. Section 8138, permitting the County to promulgate rules for administering the program. Section 8139, permitting the assessor or designated assistants to administer oaths. Section 8140, providing appeals follow procedures for appeals from normal assessments. Section 8151 et seq., exempting property housing the elderly held by a non-profit. Chapter 83: Valuation and Assessment of Property. Section 8302 et seq., setting forth the general provisions for administration of annual assessment; setting forth procedures for appeal; setting forth procedures for increasing assessment; imposing upon the property owner duty to inspect assessment records for errors; no retroactive reimbursement of funds paid pursuant to error (§ 8313); providing for farmland assessment. Section 8351 et seq., setting forth procedures for taxation of mobile homes. Chapter 84: Receivers of Taxes and County Treasurers (Department of Finance per 9Del. C. § 1373) Section 8403, requiring the Chief Financial Officer to take oath of office. Section 8421, requiring the Chief Financial Officer to collect taxes. Section 8422, requiring the County to collect school taxes. Section 8424, setting forth procedures to collect taxes; requiring deposits to be made within three (3) days. Section 8430, providing for how collected taxes can be used. Section 8432, authorizing the Chief Financial Officer to require aid or assistance. Section 8433, setting forth duties and liability of retiring officers with respect to uncollected taxes. Section 8434, permitting the Chief Financial Officer to pay delinquent taxes and then collect the same for his personal use. Section 8435, permitting the Chief Financial Officer to destroy paid off bonds and coupons if witnessed by the President of Council and the Council Auditor who then shall execute a certificate of destruction. Chapter 86: Collection of Taxes. Section 8601, requiring taxes to be assessed and levied on July 1 st . Section 8602, requiring the mailing of tax notice no later than thirty (30) days after taxes due and payable; providing that non-receipt of bill does not relieve tax burden. Section 8604, authorizing the County to impose penalties upon late payment; permitting County Council to abate or discount taxes or penalties, exclusive of school taxes. Section 8605, requiring collection office to be open during business hours excepting weekends and holidays. Section 8607, requiring the Department of Finance to send tax bills and keep record of assessments and payments. Section 8610, requiring the County to make a written demand for delinquent taxes and notice of fact legal proceedings will be instituted for collection. Section 8612, providing tenant responsible in paying the taxes to the landlord unless otherwise agreed; responsibility of landlord if tenant not located. Section 8613, providing life tenant 1 st responsible for payment of taxes. Section 8614, requiring ten days notice of property being taken to Sheriff's sale so demand for outstanding taxes can be withheld from sales price. Section 8618, permitting County Council via resolution to refund taxes paid in error. Chapter 87: Collection of Delinquent Taxes. Section 8701, authorizing the County to execute upon personal or real property to collect tax. Section 8702, permitting proceeds for collection to be brought against guardian or trustee. Section 8703, providing that collection remedies are cumulative so long as dismissed once payment collected. Section 8705, providing that nonpayment of taxes shall constitute lien on property for ten years unless no transfer of the property, in which case it shall continue until collected. Section 8707, providing that the remedy of distress, the holding of one's personal property, available to collect taxes. Section 8708, providing that tax debt runs with the land and can be collected by a civil action; requiring writ of attachment when owner out of State resident or corporation. Section 8709, providing procedures for execution of judgment from Superior Court. Section 8711, providing procedures for attaching wages upon nonpayment. Section 8721, authorizing the County to institute monition proceedings upon nonpayment. Section 8722, setting forth monition procedures. Section 8723, setting forth form of monition. Section 8724, requiring Sheriff to post monition notice. Section 8725, authorizing issuance of writ of venditioni exponas (authorizing sale of property at Sheriff's sale); form. Section 8726, authorizes the sale to be made contingent on approval of Chief Financial Officer. Section 8727, provides that purchaser stands in shoes of former owner who is freed from any tax obligation. Section 8728, setting forth procedures to petition for deed of conveyance. Section 8729, permitting the owner to redeem property by payment of taxes plus 15% and costs within sixty (60) days from Court approval of the sale. Section 8730, permitting the Superior Court to approve the sale or set it aside if irregularities. Section 8731, requiring the existence of a lien prior to any monition proceeding. Section 8733, setting forth fees and costs. Section 8741, requiring the Department of Finance to institute collection proceedings. Section 8742, providing collection action can be brought in any court of competent jurisdiction. Section 8743, providing writ of attachment to issue upon affidavit that taxes are owed; authorizing the Sheriff to attach property subject to lien. Section 8744, requiring notice to property owner of the writ of attachment. Section 8745, permitting property owner to file objection to writ within ten (10) days. Section 8746, providing judgment to be entered upon no objection. Section 8747, setting forth procedures for trial on objection. Section 8748, providing for release of attachment upon the property owner posting bond. Section 8749, providing for order of sale to issue after judgment entered. Section 8750, requiring that notice be given to all lien holders. Section 8751, requiring residue of estate to be returned to property owner after satisfaction of judgment and costs. Section 8752, providing that property owner not entitled to benefit of exemption laws. Section 8753, authorizing County Council to permit County representative to bid on property so long as bid does not exceed aggregate amount of taxes, penalties and costs due to the County. Section 8754, authorizing the institution of proceedings where delay may lose benefit of process. Section 8755, prohibiting the removal of any property seized under a writ of attachment; penalties. Section 8756, authorizing the execution of posted bond where non payment of judgment. Section 8757, setting forth procedures to confirm or set aside sale. Section 8758, permitting the property owner to redeem the property within sixty (60) days from Court approval of the sale. Section 8759, permitting the property owner who redeems property to have satisfaction of judgment. Section 8760, permitting redemption of property by any lien holder upon petition to the Court. Section 8761, setting forth procedure to obtain deed upon redemption. Part VI: County Offices Chapter 91: County Officers, General Provisions. Section 9101, providing that 'officers' means all elected and appointed officers including those serving on boards or commissions; excluding the prothonotary. Section 9102, requiring the County to dictate location of office space for officers. Section 9103, requiring the County to provide necessary supplies to officers. Section 9104, requiring officers to keep their records in their offices. Section 9105, requiring County offices to be open every day except weekends and legal holidays; imposing fine of eight dollars ($8.00) per day where officer refuses to perform his duty. Section 9106, providing that Saturdays are a legal holiday for all County officers exempting police and fire. Section 9107, authorizing the County to pay employees day before any weekend or legal holiday. Section 9108, requiring all fees paid to any officer to be paid to the Department of Finance. Section 9109, imposing duty on officers to record and account for all fees collected or paid. Section 9110, requiring books and records of fees collected to be open for inspection. Section 9111, requiring the Department of Finance to audit all fee collection accounts in January and July and published in pamphlet for distribution. Section 9112, imposing liability on officer's posted bond for failure to turn over fees. Section 9113, imposing a fine of $1,000 or imprisonment for no more than a year for failure to turn over fees within ten days of collection. Section 9114, requiring the Recorder of Deeds and the Clerk of the Peace to post a $3,000 bond and the Register of Wills to post a $10,000 bond. Section 9116, providing that bonds shall expire three (3) years after term of office. Section 9117, providing procedure for satisfaction of bonds. Section 9118, requiring the Sheriff to post a $25,000 bond. Section 9119, providing for fines between $500 and $1,000 and forfeiture of office for failure to execute duties. Section 9121, authorizing County Council to set mileage rate reimbursement for officers and employees. Section 9122, requiring officers to post printed list of fees that pertain to him. Section 9123, prohibiting the collection of fees until services performed. Section 9124, requiring payment of salaries upon officer certifying they have fulfilled duties. Section 9125, authorizing the employment of Chief Deputies to row offices; salaries. Chapter 94: Clerks of the Peace. Section 9401, requiring the Clerk of the Peace to take oath of office and post bond. Section 9402, authorizing County Council to establish the salary of the Clerk of the Peace. Section 9416, authorizing the Clerk of Peace to administer oaths relating to its business. Section 9417, requiring the Clerk of the Peace to destroy poll lists of elections and individual bills paid and settled after five years witnessed by the Prothonotary and the Register of Wills. Section 9418, authorizing the Clerk of the Peace to establish its own fees. Chapter 96: Recorders. Section 9601, providing for the election of a Recorder every four (4) years to take office the 1 st Tuesday in January after election. Section 9602, authorizing County Council to set salary of Recorder. Section 9605, setting forth provisions on the recording of documents; prohibiting the recording of any discriminatory covenants. Section 9606, setting forth the procedures for recording documents. Section 9607, authorizing the Recorder to require the payment of a filing fee; requiring the collection of a surcharge of five dollars ($5) for support of the Housing Development Fund and one dollar ($1) to support the Local Governments Records management Improvement fund. Section 9608, requiring Recorder to keep an assignment record and index thereof. Section 9609, requiring the Recorder to keep separate books for maps and plots. Section 9610, requiring the Recorder to keep record of official's obligations and bonds. Section 9611, requiring recorded documents to be certified by a notary or by seal. Section 9612, providing that any recorded document shall be evidence. Section 9614, requiring that the Recorder shall provide the Department of Finance with a description of any property transferred by deed. Section 9615, setting forth procedures to preserve antiquated records. Section 9616, imposing fifty ($50) fine upon failure to perform duties. Section 9617, authorizing County Council to set the Recorder's fees by ordinance. Section 9620, imposing ten ($10) fine for refusal to pay fees. Section 9622, providing definition for Department of Finance. Section 9623, requiring deeds to contain statement where parcel abuts private road or street. Section 9624, setting forth provisions relating to integration of documents from the Secretary of State; authorizing the charging of a fee for remote users. Section 9625, prohibiting charging to utilize electronic access to State documents to on-site users. Section 9626, requiring the County to pay half of the corporate filing fees collected on behalf of the State to the City of Wilmington.
Title 10: COURTS AND JUDICIAL
Part I: Organization, Powers, Jurisdiction and Operation of Courts Chapter 13: The Court of Common Please for the State of Delaware Section 1308, requiring all Sheriff's costs and fees collected by the Court of Common Pleas to be paid the Department of Finance. Chapter 19: General Provisions Applicable to Courts and Judges Section 1973 et al., permitting Superior Court to order review and/or revision of County recorder indexes if the records are not being sufficiently indexed or if there is a need to implement a new or better system for indexing. Part II: Court Officers and Employees Chapter 21: Sheriff Section 2101, requiring County Council to set annual salary of Sheriff; prohibiting the collection of other monies for any service rendered as a County Officer. Section 2105, requiring the Sheriff to summon witnesses or jurors; imposing fines upon failure to perform duties; prohibiting the collection of fees or costs from the Attorney General's office for the issuance of subpoenas. Section 2106, requiring the Sheriff to keep proper books recording the distribution of proceeds from the sale of properties and furnish the same to County Council; permitting costs to be imposed per entry. Section 2107, requiring the Sherriff to endorse every document served with the permitted fee. Section 2108, requiring the Sheriff to record time and date of constable sales. Section 2109, permitting the Sheriff to recoup a sum for arrest made on a capias. Section 2110, imposing penalty for nonpayment of funds collected. Section 2111, permitting the Sheriff to pay disputed funds collected into court. Section 2112, requiring the Department of Finance to monthly reimburse the Sheriff's mileage fees for official duties not conducted in a County-owned vehicle. Section 2113, authorizing the Sheriff to delegate the administration of oaths to deputies. Section 2114, providing that the Sheriff is also a Fish and Wildlife Agent. Chapter 29: Code Enforcement Constables Section 2901, permitting the County Executive to appoint Code Enforcement and Animal Control Constables. Section 2902, setting forth the authority of Code Enforcement Constables to enforce building, housing, sanitation, zoning, animal control and public health violations within their jurisdiction and to issue voluntary assessments up to $200. Chapter 39: Pleading and Practice Section 3922, limiting recovery of damages from parents caused by child to $10,000. Chapter 40: Tort Claims Act Subchapter II: County and Municipal Tort Claims Section 4010, providing definitions. Section 4011, providing the County and its employees immunity from suit for tort claims, failure to undertake a legislative or quasi-judicial act, performance of a discretionary duty or the decision to terminate utilities; excepting acts done outside the employee's scope of duties or done with wanton negligence or willful or malicious intent. Section 4012, setting forth the exceptions to immunity including the operation of a motor vehicle, machinery or equipment, the construction, operation or maintenance of any public facility and the sudden accidental discharge of contaminants on land or in water. Section 4013, providing a limitation on damages. Chapter 47: Judgments Subchapter 1: Lien of Judgments Section 4711, providing judgment liens will expire after ten (10) years. Chapter 61: Condemnation Section 6101 et al., setting forth unified condemnation laws and procedures Chapter 62: Vacating the Dedication of Open Space and Parkland Section 6201 et al., providing for procedures for the vacation of publicly dedicated property; requiring equivalent property to be set aside for public use upon grant of vacation. Chapter 71: Drug Nuisance and Social Vices Abatement Section 7101 et al., permitting the abatement and physical taking of structures housing nuisance or illegal drug activity in a civil action brought by the County Attorney or community organization. Chapter 81: Personal Actions Section 8126, setting forth limitation on bringing actions or suits challenging legality of action by County relating to zoning, land development, subdivision regulation or ordinance (within sixty (60) days of notice of adoption) or challenging action as to final record plan (within sixty (60) days from publication of notice of action). Chapter 87: Court, County and other Public Offices Section 8702, providing County Council to establish fees of Sheriff. Section 8703, providing penalties upon Sheriff's neglect or refusal to give statement of payments and costs. Chapter 95: Procedure Section 9525, permitting an 'artificial entity' to be represented by an officer or an agent of the entity (upon the filing of Justice of the Peace Civil Form 50) in Justice of the Peace Courts. Section 9596, requiring judgments obtained in the Justice of the Peace Courts to be registered in Superior Court to constitute a lien on real property.
Title 11: CRIMES AND CRIMINAL
Chapter 42: Classification of Offenses; Sentences Section 812, setting forth maximum fines for those convicted of graffiti. Section 4203, providing that no offense is a violation unless expressly declared so by statute. Chapter 59: Justices of Peace Section 5917, authorizing Justices of Peace to have jurisdiction to hear and determine violations of ordinances or codes of counties and to impose fines of $1,000, unless classified as a misdemeanor, then tiered according to number of offense: $250 - $1,000, $500 - $2,500, $1,000 - $5,000 per violation; providing that all fines collected by the Justice of the Peace Court where the County is prosecuting party shall be paid to the County. Chapter 92: Law-Enforcement Officers' Bill of Rights Section 9200 et al., providing for limitations on political activity and rights when being investigated. Chapter 93: Police Chief Due Process Section 9301, providing due process for procedures for termination of Chief of Police. Title 14: EDUCATION Chapter 19: Local School Taxes Section 1917, requiring the County to collect school taxes with property taxes with no discount or abatement; providing procedure for school boards to implement State school senior tax exemption. Section 1919, requiring County to submit monthly reports to school board on taxes collected. Section 1920, providing for fines between $10 and $100 for failure to perform duties under this section. Section 1921, setting forth procedure to refund County school taxes paid in error; request made to school board and then school board to Department of Finance. Title 16: HEALTH AND SAFETY Chapter 16: Litter Control Law Section 1601 et al., establishing the state litter control law; providing for fines between $50 and $75 and between 8 and 25 hours of community service; permitting voluntary assessments. Chapter 17: Refuse and Garbage Section 1701 et al., providing penalties for illegal dumping of trash and burning trash on less than an acre; requiring owners to provide tenants with trash receptacles outside apartment buildings. Chapter 66: Fire Prevention Section 6607, setting forth the duties of the State Fire Marshal . Chapter 68: Exemptions from Civil Liability Section 6840 et. al, releasing civic associations maintaining parkland from civil liability. Chapter 76: County or Municipal Building, Plumbing, Electrical and Other Codes Section 7601 et al., authorizing the County to adopt a building, plumbing. electrical and similar such codes and charge reasonable fees for the enforcement of such codes. Chapter 79: Basic Plumbing Principles Section 7901, setting forth basic plumbing principles to which the County shall adhere. Chapter 98: Paramedic Services Section 9808, requiring the County to participate in the operation and funding of the State wide paramedic services program. Section 9814, providing that the State will reimburse the County thirty (30) percent of its operational costs of the minimum paramedic staff hours. Chapter 101: Enhanced Emergency Reporting System Fund Section 10104, permitting the County to collect a fifty cent (.50) monthly surcharge on all residential telephone land lines for costs associated with enhanced 9-1-1 emergency reporting systems. Title 17: HIGHWAYS Chapter 1: General Provisions Section 131, setting forth the exclusive jurisdiction of DelDOT over the public roads, highways and right of ways. Section 141, setting forth the exclusive jurisdiction of DelDOT over the regulation of traffic and over the use and operation of all vehicles on roads, highways and right of ways. Section 146, requiring DelDOT approval for any access to and from State-maintained highways. Chapter 5: Highways, Roads and Bridges. Section 507, requiring DelDOT to consult with the County and coordinate new development with local transportation improvements; permitting developers to contribute towards necessary improvements. Section 508, requiring developers to post DelDOT road bond to insure completion; setting forth procedures for road acceptance. Section 518, prohibiting littering along public highways. Section 521, providing for seventy-five (75) percent reimbursement from DelDOT for snow removal by private vendors hired by civic associations, maintenance corporations or similar entities. Section 525, permitting DelDOT to maintain clear zones within rights of way and remove any signs or other obstructions. Chapter 9: Drainage of Lands Adjacent to Public Roads Section 901 et al., requiring the proper drainage of waters that accumulate due to the alteration of any street or road. Chapter 11: Regulation of Outdoor Advertising. Section 1103, setting forth DelDOT's jurisdiction to regulate location of signs within 660 feet from any State highway and beyond 660 feet in unincorporated areas if the sign's purpose is to be read from the State highway. Section 1110, setting forth DelDOT's jurisdiction to promulgate standards applicable to off-premises advertising signs (i.e. advertising something that does not take place on the premises) in nonresidential areas. Section 1121, setting forth limitations on advertising in controlled areas. Chapter 13: Vacating Public Roads and Bridges. Section 1301 et al., setting forth the procedure to vacate public roads and bridges Title 18: INSURANCE CODE Chapter 77: Suretyship. Section 7701 et al ., authorizing public officer vested with such duty to accept and approve of the surety upon bonds. Title 21: MOTOR VEHICLES Section 4402, authorizing removal of abandoned motor vehicles from private property by County police; authorizing Code Enforcement Constables to give notice of violation. Title 22: MUNICIPALITIES Chapter 1: General Provisions Section 101, setting forth annexation procedures. Title 25: PROPERTY Chapter 1: Deeds Section 152, providing that deeds are to be recorded with the Recorder of Deeds. Chapter 3: Titles and Conveyances Section 313, requiring notice to purchasers of undeveloped property as to availability of public sewer and water. Section 316, prohibiting restrictions on land limiting owner's display of the American flag. Section 317, prohibiting the collection of fees for amenities that have not yet been open for resident's use in a community development. Section 318, prohibiting future restrictions on land prohibiting solar panels. Chapter 13: Fences Section 1301, setting forth what constitutes the lawful height and materials for a fence. Chapter 21: Mortgages on Real Estate Section 2111, providing that satisfied mortgages are to be recorded with the Recorder of Deeds. Chapter 22: Unit Properties Section 2201, et. seq., setting forth requirements for condominium ownership. Chapter 29. Liens of State or Political Subdivisions. Section 2901 et seq., setting forth when liens shall arise for the non-payment of governmental fees or taxes; setting for procedure for execution and priorities. Chapter 46: Liens for Razing or Demolition of Structures by Public Expenditure Section 4601, et seq., setting forth when liens shall arise for demolition by public expenditure; setting for procedure for execution and priorities. Chapter 51: General Provisions of Residential Landlord-Tenant Code Section 5101 et seq., setting forth regulations over residential rental properties. Chapter 81: Delaware Uniform Common Interest Ownership Act Section 81-101, et. seq., setting forth requirements for common interest properties formed after September 30, 2009 that have greater than 20 houses with an annual assessment greater than $500.00 per year. Title 29: STATE GOVERMENT Chapter 10: Legislative Conflicts of Interest. Section 1001 et seq., prohibiting legislative conflicts of interest. Chapter 25: State Department of Justice. Section 2505, providing that the Attorney General may appoint special assistants to exercise prosecutorial powers for the County. Chapter 51: General provisions for Public Officers and Employees. Section 5101, requiring oath of office to be taken by all holding public office. Section 5115, setting forth State whistleblower statute. Chapter 58: Laws Regulating the Conduct of Officers and Employees of the State. Section 5801 et seq., setting forth the State's ethics code of conduct enforced by the State Public Integrity Commission. Section 5802, requiring the County's code of conduct to be at least as stringent as the code of conduct applicable to State employees, officers and officials. Chapter 77: Emergency Location of Government. Section 7721 et seq., setting forth provisions of County governance in the event of an emergency. Chapter 91: State Planning. Section 9101 et seq., establishing an agency to provide local planning assistance; empowers County to adopt impact fees; exempts primary residence from impact fees where property used for agricultural use. Chapter 92: State Land Use Planning. Section 9201 et seq., requiring certain land use development plans to go through State planning process Chapter 100: Freedom of Information Act Section 10001, stating policy that business should be conducted in an open and public manner with access to public records. Section 10002, providing definitions. Section 10003, requiring the inspection and copying of public records. Section 10004, requiring open meetings and what may be discussed in executive session. Section 10005, outlining enforcement mechanisms. Other Rules of New Castle County Council (available from Clerk of Council). |