CHAPTER 279

AN ACT TO AMEND PART II, TITLE 9, DELAWARE CODE, RELATING TO NEW CASTLE COUNTY, BY ADDING A CHAPTER ON PUBLIC HEALTH.

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

Section 1. Part II, Title 9, Delaware Code, is amended by adding a new Chapter 29 to read as follows:

CHAPTER 29. PUBLIC HEALTH

§ 2901. Removal of weeds, grasses, refuse, rubbish, trash or other waste material; recovery of expense of removal by civil action; civil liability precluded; applicability

(a) No person shall permit weeds or grasses to grow, or refuse, rubbish, trash or other waste material to be placed or to accumulate upon, land or improved premises so as to create a nuisance detrimental to adjoining property or to the health or safety of other persons.

(b) If within 15 days after due notice by the Levy Court to the owner and/or possessor of said land or improved premises, such weeds, grasses, refuse, rubbish, trash or other waste material are not removed, the Levy Court may cause such weeds, grasses, refuse, rubbish, trash or other waste material to be removed. The Levy Court may incur any expense of removal and may maintain a civil action for the recovery thereof against such owner and/or possessor.

() No civil liability shall attach to any act of any contractor or County employee engaged in carrying out the provisions of this section.

(a) The provisions of this section shall apply to any land or improved premises in any district or zone classified residential in whole or in part under regulations adopted pursuant to Chapter 26 of this title; to any land or improved premises

in any residential area, locality or development within any such district or zone; and to any land or improved premises immediately adjoining any land or improved premises in any such district or zone or any such residential area, locality or development within any such district or zone.

§ 2902. Securing refuse, rubbish, trash or other waste material deposited outside of commercial property; penalty for violation; injunctive relief

(a) No refuse, rubbish, trash or other waste material shall be deposited by any person on land or improved premises outside of any commercial establishment except that such refuse, rubbish, trash or other waste material shall be securely bound or placed in a container in either case sufficient to prevent the same from being scattered or carried away by nature upon adjoining land or improved premises. For the purpose of this section, the owner of such land or improved premises or commercial establishment, any officer of a corporation being the owner of such land or improved premises or commercial establishment, and any agent having the management thereof, who knowingly permit any person to violate the provisions of this section shall be deemed to be in violation of the provisions of this section.

(b) Whoever violates the provisions of this section shall be guilty of a misdemeanor and shall be fined not less than $100 nor more than $500 for each such offense. Each day of a continuing violation shall be deemed a separate offense. The Superior Court shall have exclusive jurisdiction of offenses under this section.

() The Levy Court, in addition to other remedies provided by law, may apply to the Court of Chancery for injunctive relief against the owner and/or possessor of such land or improved premises to prevent, enjoin or abate any continuing violation of the provisions of this section.

Approved December 22, 1965.