CHAPTER 605

SENATE BILL NO. 707

AS AMENDED BY HOUSE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 44, TITLE 9, DELAWARE CODE, RELATING TO KENT COUNTY BY AMENDING THE PENALTY PROVISIONS FOR ENFORCEMENT OF BUILDING CODES.

Be it enacted by the General Assembly of the State of Delaware (two-thirds of all the members elected to each House thereof concurring therein):

Section 1. Amend Chapter 44, Title 9, Delaware Code by striking the chapter title "Building Permit" and substituting in lieu thereof a new chapter title to read as follows:

"CHAPTER 44. BUILDING PERMITS AND BUILDING AND OTHER CODES"

Section 2. Amend Chapter 44, Title 9, Delaware Code by adding thereto a new section to be designated as Section 4414 to read as follows:

"§4414. Enforcement of building code; remedies and penalties; injunctive relief.

(a) No person shall erect, construct, reconstruct, alter maintain or use any building or structure in violation of any regulation in, or of any provision of, any building, plumbing, electrical or other codes, or any change thereof, enacted or adopted by the county government under the authority of Chapter 76, Title 16, Delaware Code.

(b) Whoever violates this section shall be fined not more than $100 or imprisoned not more than ten (10) days or both.

(c) Each and every day during which such illegal erection, construction, reconstruction, alteration, maintenance or use continues shall be deemed a separate offense.

(d) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, maintained or used in violation of this section or of any code or provision of any code or change thereof, enacted or adopted by the county government under the authority by Chapter 76, Title 16, Delaware Code, the county government, the attorney thereof, or any owner of real estate within the county in which such building, structure, or land is situated, may, in addition of other remedies provided by law, institute injunction, mandamus, abatement or any other appropriate action or actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or maintenance or use."

Approved July 21, 1976