CHAPTER 684

HOUSE BILL NO. 1249

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE BY CREATING A NEW CHAPTER 46 TO PROVIDE THAT THE COSTS OF DEMOLITION OF BUILDINGS PAID FOR BY FUNDS OF ANY MUNICIPALITY OR POLITICAL SUBDIVISION SHALL BE A LIEN UPON ALL LANDS WITHIN THE STATE OWNED BY THE OWNERS OF SUCH BUILDINGS.

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

Section 1. Amend Title 25 of the Delaware Code by adding thereto a new Chapter 46 to read as follows:

"CHAPTER 46. LIENS FOR RAZING OR DEMOLITION OF STRUCTURES BY PUBLIC EXPENDITURE.

§4601. Priority' of liens; transfer of lien upon execution sale.

(a) All public expenditures paid for the costs of razing or demolishing any abandoned or vacant or an otherwise unsafe building within its jurisdiction by an municipality or other political subdivision of this State in the exercise of its slum clearance and redevelopment authority, or its urban renewal authority, or its authority in carrying out the provisions of any duly adopted building code remaining not reimbursed to the municipality or political subdivision by the owner or legal agent or prior lienholder of such building and in arrears for 30 days alter payment by the municipality or political subdivision, shall be and constitute a lien upon all lands and premises owned by the owner, legal agent, or prior lienholder within the State in which the razed building was situate.

(b) Such liens shall have preference and priority to all liens of recognizance, mortgage or judgment created or suffered by the owner on the lands and premises upon which the razed or demolished building was situate, although such other lien or liens shall be of a date prior to the time of the attaching of such lien for razing or demolition of any such building at public expense.

(c) In case of the sale under execution process of any lands and premises upon which liens for razing or demolition of any such building at public expense exist, the liens shall be transferred to the fund arising from the sale in the hands of the officer making the sale, and the real estate so sold shall be discharged therefrom.

§4602. Duration of lien.

The lien for razing or demolition of a building at public expense shall continue a lien against all lands of the owner of such building within the State for a period of five years from the expiration of thirty (30) days after the costs of razing or demolition of such building have been paid by the municipality or other political subdivision and not reimbursed by the owner, agent or prior lienholder of such lands and premises but if the lands and premises upon which the building was situated remains the property of the person who was the owner at the time that the public expense of razing or demolition of such building was incured, the lien shall continue until the amount of the public expenditure is collected."

Approved August 3, 1976