CHAPTER 33

RELATING TO SEWER PERMITS IN NEW CASTLE COUNTY

AN ACT TO AMEND CHAPTER 22 OF TITLE 9, DELAWARE CODE OF 1953, AS AMENDED, BY PROVIDING THAT THE LEVY COURT OF NEW CASTLE COUNTY SHALL ESTABLISH REGULATIONS FOR THE ISSUANCE OF SEWER PERMITS AND AUTHORIZING THE LEVY COURT OF NEW CASTLE COUNTY TO ESTABLISH THE FORM OF SEWER LIEN DOCKET FOR RECORDING OF SEWER SERVICE CHARGES AND FEES.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Section 2212, Chapter 22, Title 9, Delaware Code of 1953, be and it hereby is amended by repealing and striking out all of Section 2212 and enacting and substituting in lieu thereof the following:

Section 2212 (a): The Levy Court of New Castle County shall establish regulations and fees for the issuance of sewer permits required in Section 2216. Upon issuance of the sewer permit, the fees for such permits shall become liens against the property for which the permit is issued. The lien for sewer permits and the lien for sewer service shall be superior and paramount to the interest in such parcel of and owner, lessee, tenant, mortgagee, or other person, except to the lien of taxes.

The County Engineer shall issue the permits and collect the fees arising therefrom for the use of the Levy Court. The County Engineer shall, under supervision and direction of the Levy Court, prepare a docket to be known as the New Castle County Sewer Lien Docket in which shall be recorded the liens for sewer permits. The form of the docket shall be established by the Levy Court. No sewer permit lien shall be valid unless duly recorded in the said New Castle County Sewer Lien Docket. All sewer permit liens duly recorded in the docket shall continue in full force and effect until the liens have been satisfied by payment, and when such liens are satisfied by payment the County Engineer, acting under the supervision and direction of the Levy Court shall satisfy of record the liens entering thereon the date of final payment, and signing the docket. The County Engineer, for the use of the Levy Court, shall receive a fee of fifty cents for each satisfaction so recorded.

The Levy Court shall also establish the form in which the record of the sewer service liens shall be kept. Such records shall be in the custody of the County Engineer.

(b) All proceedings taken and all acts done prior to the effective date of this act, purporting to establish Hens for sewer service and for front foot fees are hereby legalized, validated and confirmed, notwithstanding any errors, omissions or irregularities in the act or the establishment of a sewer lien docket or other records relating thereto.

Approved April 10, 1957.