AN ACT TO AMEND TITLE 9, DELAWARE CODE BY PROVIDING FOR A NEW CHAPTER 44, ENTITLED "BUILDING PERMITS FOR KENT COUNTY."
Be it enacted by the General Assembly of the State of Delaware:
Section 1. Title 9, Delaware Code is amended by adding Chapter 44 thereto to read as follows:
§ 4401. Definitions
As used in this Chapter--
(a) "Board" means Kent County Board of Assessment.
(b) "Building" means any structure, building, edifice or part thereof.
(c) "Person" means any architect, builder, contractor, repairman, agent, partner or corporation as well as an individual.
(d) "Construction" means alteration, removal, demolition, addition, repair or construction of any new or old building.
§ 4402. Application for construction permits
(a) No person shall construct or cause to have constructed or commence the construction of a building without first filing with the Board an application in writing for such construction and obtaining a permit therefor. Such application shall be made on forms prescribed by the Board and shall contain such information as the Board shall prescribe.
(b) Permits shall be issued in the name of the owner of the building.
§ 4403. Reports on permits issued by incorporated cities or towns
Building inspectors or other officers authorized by law to issue permits for the construction of any buildings, in any incorporated city or town in Kent County, shall report to the Board on blanks to be furnished by the Board, every permit issued by them respectively, for the construction of any building, specifying the estimated cost of the proposed construction.
§ 4404. Inspections
Each or any member of the Board shall make the necessary inspections to see that the provisions of this chapter are complied with and may order or compel the suspension of any work that is not in compliance with this chapter.
§ 4405. Fees
The fees for issuing permits shall be prescribed by the Board, but shall not be in excess of $1.00.
§ 4406. Records
(a) The Board shall keep a careful and comprehensive record of applications, permits issued, inspections made, reports rendered and of notices or orders issued.
(b) The Board shall retain on file copies of all permits issued.
(c) All records may be open to public inspection at the discretion of the Board, but shall not be removed from the office of the Board.
§ 4407. Permits not required
No person shall be required to obtain a permit when the fair value of the construction of a building is less than $1000.
§ 4408. Notice of violation
(a) Whenever the Board is satisfied that a building is being constructed without a permit first being issued therefor, the Board may serve a written notice or order upon the person responsible therefor, directing discontinuance of the construction until a permit has been obtained from the Board.
(b) No person having been served with such notice or order shall fail within five days to comply with the requirements thereof.
§ 4409. Occupancy
Any building that has been constructed without a permit may not be occupied, maintained or used by any person except with permission of the Board.
§ 4410. Violation and penalty
Any owner, of a building wherein any work in connection therewith has been done without a permit or any person employed in connection therewith and who has participated or assisted in the commission of such violation or both, shall be fined not less than $50 nor more than $200 for each offense.
§ 4411. Levy Court to appropriate necessary funds
The Levy Court of Kent County shall annually appropriate to the Board such funds that are necessary to carry out the provisions of this chapter:
§ 4412. Jurisdiction of Superior Court
The Superior Court shall have jurisdiction over offenses committed under this Act.
Approved July 9, 1959.