CHAPTER 401

FORMERLY

HOUSE BILL NO. 668

AS AMENDED BY HOUSE AMENDMENT NOS. 1, 2 , HOUSE AMENDMENT NO, AS AMENDED BY HOUSE AMENDMENT NO. 1 TO HOUSE AMENDMENT NO. 3, AND HOUSE AMENDMENT NOS. 4, 5 & 6

AN ACT TO AMEND TITLE 9 AND TITLE 14 OF THE DELAWARE CODE RELATING TO COUNTIES AND SCHOOL TAXES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend subsection (b) of § 301 of Title 9 of the Delaware Code by deleting the phrase "County Councilman" and substituting in lieu thereof the phrase "county comic i !person".

Section 2. Amend § 302 of Title 9 of the Delaware Code by adding a new subsection (e) at the end thereof, as follows:

"(e) No elected New Castle County official shall hold any other elected position, be employed by the County in any other capacity, or be on a board, commission or agency advising the County."

Section 3. Amend Subsection (a) of § 314 of Title 9 of the Delaware Code by deleting the comma (,) after the term "$10,000" in the first sentence and by inserting the term "in Kent and Sussex Counties or $50,000 in New Castle County" between the terms "sum of $10,000" and whether the work" in the first sentence thereof.

Section 4. Amend § 332 of Title 9 of the Delaware Code by deleting the period (.) at the end thereof and inserting the phrase ", or $5,000 in New Castle County.

Section 5. Amend subsection (a) of § 334 of Title 9 of the Delaware Code by deleting the period (.) at the end thereof and inserting the phrase ", or on the date specified by ordinance in the respective county."

Section 6. Amend subsection (b) of § 334 of Title 9 of the Delaware Code by adding a new sentence at the end thereof, as follows: "In New Castle County the President of County Council shall be elected by a county wide ballot."

Section 7. Amend subsection (b) of § 336 of Title 9 of the Delaware Code by adding a new sentence at the end thereof, as follows: "In New Castle County the Clerk of Council shall notify all members of County Council of any special meeting."

Section 8. Amend subsection (c) of § 336 of Title 9 of the Delaware Code by adding a new sentence at the end thereof, as follows: "In New Castle County special meetings may be held at any public location in New Castle County in accordance with Council rules."

Section 9. Amend subsection (4) of § SO1 of Title 9 of the Delaware Code by deleting the words "New Castle County or" as they appear therein, by deleting the period (.) at the end thereof and by adding the phrase "and 'Office of Finance' insofar as New Castle County is concerned."

Section 10. Amend subsection (5) of § 501 of Title 9 of the Delaware Code by deleting the term "Director of Public Works" and substituting in lieu thereof the terms "General Manager of the Department of Special Services".

Section 11. Amend § 501 of Title 9 of the Delaware Code by adding a new subsection (6) at the end thereof, as follows: "(6) Whenever the words "County government" are used in this Chapter, the words "County Council" shall be substituted regarding New Castle County."

Section 12. Amend subsection (b) of § 701 of Title 9 of the Delaware Code by deleting the phrases "that portion of and "which is north of the Delaware and Chesapeake Canal, and shall not apply to the remainder .of the State".

Section 13. Amend subsection (b) of § 801 of Title 9 of the Delaware Code by Inserting the phrase ", or the County library manager in New Castle County," between the phrases "County librarian" and "who shall be".

Section 14. Amend § 802 of Title 9 of the Delaware Code by adding a new paragraph (4) at the end thereof, as follows:

"(4) In New Castle County, shall serve as a subcommittee to the Department of Community Services Board."

Section 15. Amend Part 11 of Title 9 of the Delaware Code by deleting the term "county government" as it appears therein, except in § 1501 and § 1521(b), and. substituting in lieu thereof the phrase "County Council".

Section 16. Amend § 1113 of Title 9 of the Delaware Code by deleting the period (.) at the end thereof and substituting in lieu thereof the phrase "or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council."

Section 17. Amend § 1120 of Title 9 of the Delaware Code by deleting the section in its entirety and by substituting in lieu thereof a new § 1120 to read as follows:

"§ 1120. Power to appoint Chief Administrative Officer.

The County Executive shall appoint a Chief Administrative Officer who shall serve at the pleasure of the County Executive. The Chief Administrative Officer shall be qualified by education, training and experience for the duties to be performed."

Section 18. Amend subsection (a) of § 1121 of Title 9 of the Delaware Code by deleting the phrase "in carrying out his" as it appears between the language "County Executive" and "duties" and substituting in lieu thereof the word "with"; by deleting the word "and" as it appears between the phrases "executive," and "administrative"; and by deleting the word "agencies" as it appears between the language "administrative" and "of the County" and by substituting in lieu thereof the phrase "and operational departments".

Section 19. Amend subsection (b) of § 1121 of Title 9 of the Delaware Code by deleting the word "He" as it appears in the second sentence and by substituting in lieu thereof the phrase "The Chief Administrative Officer", and by deleting the punctuation and words ". He shall" as it appears at the end of the second sentence and beginning of the third sentence and by substituting in lieu thereof the word "and".

Section 20. Amend § 1122 of Title 9 of the Delaware Code by deleting the word "limited" in its caption; by adding the phrase ", boards, agencies, commissions" between the words "departments" and "and offices"; and by deleting the language "in the annual budget ordinance. Action taken by the County Executive and County Council pursuant to the authority granted by this provision shall terminate July 1, 1998. The authority granted pursuant to this section shall supersede any conflicting provisions within this title".

Section 21. Amend subsection (a) § 1131 of Title 9 of the Delaware Code by inserting the phrase ", including appropriations for Supporting Services," between the phrases "service function" and which is not performed"; and by deleting the phrase "which will be" in the third sentence of the subsection.

Section 22. Amend subsection (b) of § 1131 of Title 9 of the Delaware Code by deleting the phrase "and the cost thereof is paid out of municipal revenues" in the last sentence of the subsection and substituting in lieu thereof the phrase ", paid out of municipal revenues and the fad that the service is being provided is validated by County Council."

Section 23. Amend subsection (c) of § 1131 of Title 9 of the Delaware Code by deleting the language, in subparagraph (I), "or a distinct activity or portion thereof not previously exercised by the municipality as of January 3, 1967"; by adding the word "and" at the end of subparagraph (2) after the semicolon; and by adding a new subsection (3) at the end thereof, as follows:

"(3) To any municipality not expending funds in the previous fiscal year for the given local service or not adequately performing the function."

Section 24. Amend subsection (d) of § 1131 of Title 9 of the Delaware Code by deleting the period (.) at the end of the first sentence and adding thereto the language or other operating budget fund."; by adding the term "county-wide" between the words "derived from" and "ad valorem" in the second sentence; and by deleting the words "within the County" at the end of the second sentence.

Section 25. Amend subsection (b) of § 1132 of Title 9 of the Delaware Code by deleting the subsection in its entirely and substituting a new subsection (b), as follows:

"(b) County Council and the heads of all offices, departments, boards or agencies shall enter upon the budget request forms requests for appropriations for the ensuing year and such supporting information as the Chief Administrative Officer shall have specified. The Chief Administrative Officer shall establish deadlines for the presentation of completed forms by such time and in such manner as necessary for the timely preparation and presentation of the annual operating budget."

Section 26. Amend subsection (d) of § 1132 of Title 9 of the Delaware Code by deleting the word "each" in the first sentence and substituting in lieu thereof the word "all"; by deleting the word "his" in the first sentence and substituting in lieu thereof the word "their"; and by deleting the word "he" in the last sentence and substituting in lieu thereof the phrase the County Executive".

Section 27. Amend subsection (e) of § 1132 of Title 9 of the Delaware Code by inserting new subparagraphs (3) and (4) to read as follows:

"(3) Training;

(4) Communications and utilities;"

by redesignating former subparagraphs (3) through (7) as (5) through (9); and by deleting the words "Improvements of an estimated life of less than 10 years" in redesignated subparagraph (7) and substituting in lieu thereof the phrase "Grants and fixed charges".

Section 28. Amend § 1133 of Title 9 of the Delaware Code by deleting the phrase "; liability" as it appears in the caption thereto.

Section 29. Amend subsection (b) of § 1133 of Title 9 of the Delaware Code by deleting the term "he shall deem" in the first sentence thereto and substituting in lieu thereof the word "deemed" and by deleting the phrase "he deems" in the second sentence thereto and substituting in lieu thereof the word "deemed".

Section 30. Amend subsection (c) of § 1133 of Title 9 of the Delaware Code by deleting the word "Finance" and substituting in lieu thereof the word "Administration".

Section 31. Amend § 1133 of Title 9 of the Delaware Code by deleting subsection (e) in its entirety.

Section 32. Amend subsection (a) of § 1134 of Title 9 of the Delaware Code by deleting the second sentence, beginning "In the course of', in its entirety and substituting in lieu thereof the language "In the course of the preparation of the capital program, the Chief Administrative

Officer shall confer with the Department of Land Use to ascertain that the proposed capital program is in accordance with the comprehensive development plan prepared by the Department of Land Use."

Section 33. Amend subsection (b) of § 1134 of Title 9 of the Delaware Code by deleting the second sentence, beginning Not later than" in its entirety and substituting in lieu thereof the language Not later than the date that the program is submitted to County Council, the County Executive shall submit it to the Department of Land Use for its review and recommendations to County Council. The County Executive shall also submit it to the Planning Board for the sole purpose of determining if it is in accordance with the comprehensive development plan."

Section 34. Amend subsection (e) of § 1134 of Title 9 of the Delaware Code by deleting the phrase "which is" found between the language "local service function" and "performed by a municipality" and substituting in lieu thereof the word "exclusively".

Section 35. Amend § 1135 of Title 9 of the Delaware Code by deleting the word "He" in the second sentence and inserting thereto the phrase "The Chief Administrative Officer".

Section 36. Amend § 1137 of Title 9 of the Delaware Code by deleting all language following the phrase "valid purchase order," and substituting in lieu thereof the language "similar document or process for the acquisition of supplies, material, work or services."

Section 37. Amend § 1138 of Title 9 of the Delaware Code by deleting the word "and" as it appears in the first sentence between "Federal" and "State" and replacing it with "," and by adding the phrase ", and private" between the words "State" and "grant" in the first sentence

Section 38. Amend § 1142 of Title 9 of the Delaware Code by deleting the term "county governing body" in the first sentence and replacing it with the term "County Council".

Section 39. Amend § 1143 of Title 9 of the Delaware Code by deleting the term "county governing body" in the first sentence and replacing it with the term "County Council".

Section 40. Amend § 1144 of Title 9 of the Delaware Code by deleting the first sentence in its entirety and substituting in lieu thereof the language "The annual salary of elected officials of County Council shall be $30,000 for the president of Council and $27,500 for the other members of Council and may be changed by ordinance or upon a recommendation by the New Castle County Compensation Commission which has been adopted and ordained by County Council, except that no increase shall be effective for any such official whose term will expire within 6 months from the time enactment of such ordinance." and by deleting the last sentence thereof, beginning "Expenses for", in its entirety.

Section 41. Amend subsection (a) of § 1147 of Title 9 of the Delaware Code by Belong the phrase "county governing body" and substituting in lieu thereof the term "County Council"

Section 42. Amend § 1153 of Title 9 of the Delaware Code by deleting each reference to "Department of Planning" and substituting in lieu thereof the terms "Department of Land Use"

Section 43. Amend subsection (d) of § 1155 of Title 9 of the Delaware Code by deleting the second sentence in its entirety and by deleting the phrase "which will be" found between the language "estimating the reserves" and "necessary for the payment" in the third sentence.

Section 44. Amend § 1155 (d) (I) of Title 9 of the Delaware Code by deleting the language "or portion thereof not previously exercised by the municipality as of January 3. 1967,".

Section 45. Amend subsection (c) of § 1155 of Title 9 of the Delaware Code by deleting the subsection in its entirety and adding a new subsection (c), as follows;

"(e) County Council, in the adoption of the annual operating budget ordinance, shall divide and segregate in a separate budget, entitled General Operating Budget, all expenditures not properly allocated to the Local Service Function Budget or other operating budget funds. County Council, in estimating the revenues necessary for the payment of these expenditures shall include the estimated revenue to be derived from county-wide ad Valero taxation of real property."

Section 46. Amend subsection (d) of § 1158 of Title 9 of the Delaware Code by deleting the term "Department of Finance" and substituting in lieu thereof "Office of Finance".

Section 47. Amend subsection (e) of § 1158 of Title 9 of the Delaware Code by deleting the language "the government of New Castle County" and substituting in lieu thereof the term -County Council"; by deleting the phrase "in the enactment of in the first sentence; by deleting the phrase "and the cost thereof is paid out of municipal revenues" and substituting in lieu thereof the phrase ", paid out of municipal revenues and the fact that the service is being provided is validated by County Council".

Section 48. Amend § 1158 (c) (1) of Title 9 of the Delaware Code by deleting the language "or portion thereof not previously exercised by the municipality as of January 3, 1967,"

Section 49. Amend subsection (f) of § 1158 of Title 9 of the Delaware Code by deleting the phrase "the government of New Castle County" and by substituting in lieu thereof the term County Council".

Section 50. Amend § 1159 of Title 9 of the Delaware Code by deleting subsection (a) in its entirety and substituting a new subsection (a), as follows:

"(a) County Council shall adopt a capital program and adopt a capital budget before, or at the same meeting as, it adopts the annual operating budget."

Section 51. Amend § 1159 of Title 9 of the Delaware Code by deleting subsection (d) in its entirety and substituting a new subsection (d), as follows:

"(d) The Capital Budget Ordinance shall show the total capital appropriations."

Section 52. Amend subsection (f) of § 1159 of Title 9 of the Delaware Code by deleting the language "and for which the cost is paid out of municipal revenues" in both the first and second sentence, and substituting in lieu thereof, in both instances, the phrase ", paid out of municipal revenues and the fact that the service is being provided is validated by County Council".

Section 53. Amend § 1159 (f) (1) of Title 9 of the Delaware Code by deleting the phrase "or portion thereof not previously exercised by the municipality as of January 3, 1967,":

Section 54. Amend subsection (g) of § 1159 of Title 9 of the Delaware Code by deleting the phrase "and for which the cost is paid out of municipal revenues" and substituting in lieu thereof the phrase ", paid out of municipal revenues and the fact that the service is being provided is validated by County Council."

Section 55. Amend § 1162 of Title 9 of the Delaware Code by deleting subsection (c) in its entirety and deleting, in the first sentence of subsection (b), the language "for persons in the classified service".

Section 56. Amend § 1163 (a) (5) of Title 9 of the Delaware Code by deleting the language "the City of Wilmington" and substituting in lieu thereof the term "New Castle County".

Section 57. Amend subsection (b) of § 1163 of Title 9 of the Delaware Code by deleting the term "Director of Finance" and substituting in lieu thereof the term "Chief Financial Officer".

Section 58. Amend § 1181 of Title 9 of the Delaware Code by changing all references therein from "Department of Finance" to "Office of Law" and by changing all references therein from "Director of Finance" to "County Attorney".

Section 59. Amend Chapter 13 of Title 9 of the Delaware Code by deleting the Chapter (currently §§ 1301 through 1452) in its entirety and substituting a new Chapter 13 (§§ 1301 through 1409), as follows:

SUBCHAPTER I. DEPARTMENT OF LAND USE §1301. Functions.

The Department of Land Use, managed by the general manager of the department. who shall be qualified by education, experience and training, shall perform the following functions unless otherwise provided:

1. The department shall administer and enforce all statutes, ordinances, and regulations for the protection of persons and property from hazards in the use, occupancy, condition, erection, alteration, maintenance, repair, removal and demolition of buildings and structures or any parts thereof, and of outdoor signs. The department shall enforce compliance with the County subdivision and zoning code and regulations thereunder. subject to determinations made by the Board of Adjustment on appeals taken thereto

2. The department shall:

(a) Issue all forms for applications and receive all applications for licenses

(b) Determine whether an applicant is properly entitled to the license which he or she seeks.

(c) If the application is granted and the proper fee has been paid to the Office of Finance, issue the license to the applicant, either for itself or as agent for the officer, department, or board under whose jurisdiction the subject matter thereof falls.

(d) If the application is refused, notify the applicant in writing of the refusal and the reasons therefore.

(e) The requirements and standards to be met by applicants for licenses shall include those established by the department in cases in which the department is responsible for the function involved.

3. The department shall make all inspections except as may otherwise he specifically provided in this title.

4. The department shall determine, as a result of its inspection, whether any person or the owner of any property is violating the conditions of any license, or whether any property owner is violating any statute, ordinance or regulation which it is the duty of the department to enforce If the department shall find a violation to exist, it shall forthwith make such order or take such other lawful action as may be necessary to correct the dangerous or unlawful condition, and it necessary it shall invoke the assistance of the County Attorney or the County Police Department. or both.

5. The department, whenever it finds that a holder of any license is violating the conditions thereof, shall revoke, suspend or cancel the license. The department shall also revoke, suspend or cancel a license whenever the office, department or board that granted the license so directs Any revocation, suspension or cancellation shall be in writing and shall state in detail the reasons therefore.

6. The department, on request of any officer, department or board, shall make a special inspection of any property upon which unlawful conditions are believed to exist or to investigate the manner in which the holder of any license is operating under it. The Department shall also receive and consider complaints from citizens.

7. The department shall:

(a) verify compliance with the provisions of the New Castle County Code related to lines and grades;

(b) not issue any permits or certificates of occupancy unless the lines and grades requirements of the New Castle County Code have been satisfied.

8. The department shall undertake studies of the pattern and of the potential for economic development within the County, and recommend to the County Executive programs designed to improve basic conditions conducive to better economic development of the County.

9. The department shall prepare and recommend to the Planning Board a comprehensive development plan for the County for the purpose of promoting health, safety, prosperity, and general welfare. For those portions of the County which do not lie within the corporate limits of a municipality, the plan shall be definitive; for the remainder it shall reflect such portions of municipal planning as may be appropriate for inclusion in the county comprehensive development plan. Upon adoption of the comprehensive development plan, the department shall be responsible for maintaining it on a current basis. To this end, it shall from time to time make recommendations to the Planning Board for modification in the plan. Such comprehensive development plan shall show, as to present and as to proposed ultimate development, the following: land use, general location, extent and character of streets, bridges, waterways and other public ways; parks and open spaces; public buildings; public utilities and terminals, whether publicly or privately owned; public housing, slum clearance and rehabilitation areas; and ,my other physical facility, with due regard to the aesthetic characteristics of all public structures. the comprehensive development plan may, when requested by incorporated municipalities, set firth within such municipalities any or all of the elements mentioned in this paragraph.

10. The department may develop and maintain the official map of those portions of the County which do not lie within the limits of incorporated municipalities. The official map and amendments thereto shall show all existing and established streets, planned streets, recommended street lines located on the final or recorded plats of subdivisions, and the location of existing or planned parks and open spaces. Street locations on final or recorded plats of subdivisions shall constitute amendments to the official map and shall be placed thereon.

11. The department shall maintain and keep current the subdivision and zoning code for the County for the portions of the County which do not lie within the limits of incorporated municipalities. To this end, it shall make recommendations, through the County Executive to the County Council, for such revisions in the subdivision and zoning code as it shall deem appropriate and necessary for the purpose of promoting the public health, safety, morals and general welfare of the County, which Code may contain regulations with respect to the location, height, bulk and size of buildings and other structures, the size of yards, courts, and other open spaces, the density of population, and the use of buildings, structures, and land for trade, industry, business, residence or other purposes.

12. The department shall prepare and recommend, through the County Executive to the County Council such measures as it shall deem appropriate for the clearance of slum areas, public housing developments, and the rehabilitation or redevelopment of blighted areas.

13. The department shall assist the County Executive and Chief Administrative Officer in the preparation of the capital improvement program for the six-year period provided for in this title.

14. The department shall prepare and recommend, through the County Executive to the County Council, measures for the replanning, improvement and reconstruction of neighborhoods and community centers and of areas or districts which may be wholly or partially destroyed or seriously damaged by fire, earthquake, flood, or other disaster.

15. The department. shall assess all property subject to taxation by the County and maintain appropriate records.

16. The department shall prepare tax rolls, including those required by any municipality, school district, or special district lying within or partially within the County if authorized by law or such districts.

17. The department shall prepare the necessary assessment rolls of assessable public improvements.

§1302. Definitions.

In this subchapter:

1. "License" shall mean any license or permit required by statute, ordinance or regulation to
be obtained from any county officer, department, or board as a prerequisite to engaging in any activity or having possession of or using any property.

2. "Inspection" shall mean any inspection, test or examination to which any person is
subject as an applicant for, or a holder of, a license, or to which any property is subject under any statute, ordinance or regulation which it is the duty of the County Executive or of any other officer, department or board to enforce.

§1303. Planning Board.

1. The Planning Board shall consist of nine members. The County Executive, with the advice and consent of County Council, shall appoint eight members who shall serve for terms of three years, provided that the terms of at least two members shall expire each year, at least one term to expire on January 31, and one term to expire on July 31.

2. The County Executive, with the advice and consent of County Council, shall appoint one member who shall be chairperson and who shall serve at the pleasure of the County Executive.

0. No person shall serve as a member of the Board for more than six consecutive years, provided that no individual who has previously been appointed to a term of less than three years shall be precluded from thereafter being appointed to serve for up to six more consecutive years.

1. No person who has served on the Board for six or more consecutive years shall be appointed to an additional term until the expiration of three years from the date on which he or she ceased to serve as a member of the Board.

5. The compensation of the members of the Planning Board shall be determined by the County Council of New Castle County.

§1304. Functions of Planning Board.

The Planning Board shall perform the following functions:

1 Consult with the general manager concerning the performance of such of the functions of the department as either the Board or the general manager shall deem appropriate. To this end, the general manager shall keep the Board informed concerning the work of the department and shall, at the request of the Board, furnish it such information as it may reasonably require in the performance of this function.

2. Review the proposed comprehensive development plan, proposed zoning plan changes, proposed subdivision regulations, and all amendments thereto, and upon completion of its consideration of any of these, the Board shall recommend to the County Council such action as the Board shall deem appropriate.

§ 1305. Adoption and effectuation of comprehensive plan.

1.1. After preparation of the comprehensive development plan by the department and approval by the Planning Board, the plan shall be reviewed by the County Executive and presented to the County Council. The County Council shall hold public hearings on the proposed plan or portions thereof in the same manner and under the same procedure required for the consideration and adoption of ordinances. The County Council may adopt all or any portions of the comprehensive development plan.

2. After adoption of all or portions of the comprehensive development plan by the County Council, the plan shall be viewed as a document expressing the general policies and intentions of the County Council with respect to the future development of the County. It shall not have the force and effect of a law or ordinance. After adoption of all or parts of the plan by the County Council, any proposed action of the County Council relating to: (a) the location, opening, vacation, extension, widening, narrowing, or enlargement of any public ground, pierhead or watercourse, or street; (b) the location, erection, demolition, removal or sale of any public structure; or (c) the adoption, repeat, or amendment of an official map, subdivision and land development ordinance, or zoning ordinance shall be taken in compliance with the following requirements: (i) The proposed actions shall be submitted to the department for recommendations, provided that the County Council may act without benefit of the department's recommendations if they are not submitted within 45 days, and (ii) the County Council shall find that the proposed actions are in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan before final action shall be taken by the County Council. When the County Council finds that a proposed action is not in accordance with the spirit and intent of the formally adopted portions of the comprehensive development plan it shall amend the plan to make the action taken and the comprehensive development plan consistent with each other.

§1306. Legal effect of subdivision regulations.

All proposed subdivisions of land to be made after the adoption of regulations governing subdivision of land shall be submitted to the department for approval for conformity to the subdivision regulations and no such proposed subdivision shall be made or recorded unless approved by the department. Approval of a plat of a subdivision shall constitute an acceptance on behalf of the County of any street or open space for public use shown on the plat but shall not constitute a taking of the property for public use. Acceptance of the street or open space for public use shall not within itself define the responsibilities of the State or the County in the paving, maintenance, cleaning, or lighting of such street or open space.

§ 1307. Planned street lines and public parks; official map.

1 . Upon the recommendation of the department, the County Council, by ordinance, may adopt an official map containing:

(a) The exact location of the planned lines of street widenings and extensions, or of future streets;

(b) The lines of all public streets then existing which have been established by law;

(c) All planned streets or street lines previously adopted under this section;

(d) All streets or street lines as located on the final or recorded plats of subdivisions as previously approved by the department;

(e) All existing or planned public parks and other public open spaces.

2. After adoption of the official map or street plan, no amendments thereto showing the
location of a planned or mapped street shall be adopted before public notice shall have been given to the owners of record of the land upon which, or abutting which, lies the future street lines designated upon the plan.

0. Any map or plan adopted prior to May 26, 1965, under the provisions of Chapter 25 of this title, shall remain in effect until the County Council acts under the provisions of subsection (a) of this section.

§1308. Legal effect of official map or street plan.

1. Upon adoption of any plan showing the location of a planned or mapped street, the owners of the property within the lines of such planned or mapped street shall, for the period specified in the ordinance, but not exceeding the limits otherwise established by statute, be prohibited from erecting any structure within such lines, The owner of any property so affected shall be entitled to appeal to the Board of Adjustment under the same procedure described for appeals in zoning cases.

2. After the adoption of the official map showing the lines of planned or mapped streets. no change in any street shall be made by the County Council until such proposed change shall ha been submitted to the department for its opinion as to conformity with the official map Pending the adoption of the official map, the County Council shall not vacate, narrow or e \ tend am existing street without having secured the opinion of the department as to the propriety of such proposed action.

3. The adoption of any street or street lines as part of the official map shall not, in and or itself constitute and be deemed to constitute the opening or establishment of the street and acceptance of any land for street purposes, and shall not constitute the taking of any land

§ 1309. Presumption of approval

In the case of any matter required to be submitted to the department or to the Planning Board, approval shall be presumed by the department or Planning Board unless the department or Planning Board shall have acted within forty-five days of receipt thereof, unless a longer time shall have been allowed by the County Council.

§1310. Legal effects of previously established road locations and road lines.

1. All locations and lines of roads and other actions of the County related to subdivision of land and opening of roads legally established in New Castle County prior to January 1. 100'. and legally established prior to the adoption of an ordinance establishing an official nip in accordance with- sections 1154, 1346 and 1347 of this title, shall remain in full force and effect until changed in accordance with the provisions of Chapter 11. Any county maps or records showing the locations and lines of roads, and dealing with other matters related to the subdivision of land, and legally established prior to January 3, 1967, shall continue in force and effect until changed in accordance with the provisions of this chapter and Chapter 11.

2. Pending the enactment of an ordinance establishing the location and lines of roads in accordance with the provisions of Chapter 11 and this chapter, changes in locations and lines of roads, legally established, and in the locations and lines of new roads shall be recorded only after approval by the County Council and shall be presented to the department for review changes or new locations and lines are adopted by the County Council. Such changes, or new locations and lines shall also be presented to the State Department of Transportation for approval before being adopted by the County Council, provided that the approval of the State Department of Transportation shall be presumed should the County Council have received no communication to the contrary within 30 days of submission of the changes or new locations and lines to the State Department of Transportation. The approval of a plan or proposal by the County Council to make changes in locations and lines of existing roads or creating new roads shall, when recorded, be deemed and taken as an acceptance of the intended locations and lines of roads. but shall not impose any duty upon the County Council or upon the State Department of Transportation respecting the maintenance or improvement thereof.

0. No plat of land changing locations and lines of roads legally established, or creating locations and lines of new roads, shall be received or recorded by the Recorder of Deeds of New Castle County until the plat shall have been submitted to and approved by the department and the County Council and such approvals are endorsed in writing on the plat by the general manager and the President of the County Council. The filing or recording of a plat without the approval of the general manager of the Department of Land Use and the County Council shall, upon application of the general manager of the Department of Land Use or the County Council to the Superior Court in and for New Castle County, be expunged from the records.

1. The County Council may prescribe a schedule of fees based on the cost to the County for considering proposed plats to be paid by those submitting the plats. The County Council may prescribe reasonable rules and regulations governing the size and character of plats to he' submitted for consideration and the information to appear on the plats and the markers, boundary stones or stations to be installed.

5. Pending the enactment of an ordinance establishing an official map or regulating the development or subdivision of land as provided by this chapter, the department shall approve or disapprove a plat within forty days after the submission thereof; otherwise, such plat shall be deemed to have been approved and a certificate to that effect shall he issued by the department on demand. Such period may be extended by mutual agreement between the department and the applicant for the department's approval. The grounds of disapproval of any plat shall be stated upon the records of the department and a copy of such statement shall be furnished to the applicant. No plat shall be acted upon by the department without affording a hearing thereon. Notice of the time and place of the hearing shall he sent by registered 'nail to such applicant not than five days before the date fixed therefor In his application the applicant may waive the requirement of such hearing and notice.

1311 Board of Adjustment.

the Board of Adjustment shall consist of five members who shall be residents of New Castle County outside of any incorporated city or town, who shall have knowledge of, and experience in, the problems of urban and rural development, and who, at the time of appointment, shall not he candidates or candidates-elect for, or incumbents of, elective public office. The County Executive, with the advice and consent of the County Council, shall appoint four members for terms of four years provided that the terms of the original members shall be established in a manner that one shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint one member who shall he chairperson and who shall serve at the pleasure of the County Executive. The compensation of the members of the Board of Adjustment shall be determined by the County Council.

§1312. Regulations governing organization, procedure and jurisdiction of the Board of adjustment.

The Board of Adjustment shall adopt regulations to govern the organization, procedure and jurisdiction of the Board. The regulations shall not he inconsistent with the provisions of !Ins tide and shall not become effective unless and until approved by the County Executive.

§1313. Jurisdiction of Board of Adjustment.

1. the Board of Adjustment shall be empowered to hear and decide'

(a) Appeals in zoning matters where error is alleged in any order, requirement, decision or determination made by an administrative officer or agency in the enforcement of any zoning ordinance, code, regulation or map;

() Applications for special exceptions or special permits or other special questions in accordance with the provisions of any zoning ordinance, code or regulation, or applications for interpretation of any zoning ordinance, code, regulation or map upon which the Board of Adjustment is empowered to pass; and

(c) In specific cases, such variance from the provisions of any zoning ordinance. code of regulation that wilt not he contrary to the public interest, where, owing to special conditions or exceptional situations, a literal interpretation of the provisions of any zoning ordinance, code or regulation will result in unnecessary hardship or exceptional practical difficulties to the owner of property so that the spirit of the ordinance, code or regulation shall he observed and substantial justice done, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of any zoning ordinance, code, regulation or map.

2.A variance which permits a use otherwise prohibited by any zoning ordinance, code or regulation shall not be valid unless approved by resolution of the County Council. Use variances to he approved by the County Council shall be advertised and affected state agencies, including but not necessarily limited to the departments of Transportation and Natural Resources and Environmental Control, shall be notified by registered mail, return receipt requested, at least 30 days prior to hearing scheduled before the Board of Adjustment. Said use variance shall thereafter be presented to the County Council at the next scheduled meeting following approval by the Board of Adjustment, advertisement and notification as provided herein.

3. The County Council shall approve or disapprove the use variance or return the matter to the Board of Adjustment for further hearings and findings consistent with this section.

4. Appeals from decisions of the County Council shall be to Superior Court as heretofore provided for appeals from decisions of the Board of Adjustment.

2. In the exercise of its powers, the Board of Adjustment may reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination appealed from, and make such order, requirement, decision or determination as ought to be made, and, to that end, it shall have all powers of the officer or agency from whom the appeal was taken.

§ 1314. Judicial review of Board of Adjustment decisions; procedure.

(a) Any person aggrieved by any decision of the Board of Adjustment, or any taxpayer or any officer, department, board or bureau of the County, may present to the Superior Court a petition duly verified alleging that such decision is illegal in whole or in part, and specifying the grounds of illegality. The petition shall be presented within 30 days after the filing of the decision in the office of the Board.

(b) Upon the presentation of the petition, the Court may allow a writ of certiorari directed to the Board of Adjustment, to review the decision of the Board, and shall prescribe therein the time within which return must be made and served upon the petitioner or petitioner's attorney, which shall not be less than 10 days and may be extended by the Court.

(c) The allowance of the writ shall not stay proceedings upon the decision reviewed, bat the Court may, on application, on notice to the Board of Adjustment and on due cause shown, grant a restraining order.

(d) The Board of Adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof, or of such portions thereof as may be called for by the writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision reviewed and shall be verified.

(e) If, upon the hearing, it shall appear to the Court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct, and report the same to the Court together with its findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the Court shall be made.

() The Court may reverse or affirm, wholly or partly, or may modify the decision brought up for review.

(a) Costs shall not be allowed against the Board of Adjustment unless it shall appear to the Court that the Board acted with gross negligence or in bad faith or with malice in making the decision reviewed.

§1315. Board of License Inspection and Review.

County Council, by ordinance, may provide for the establishment of a Board of License Inspection and Review. The Board of License Inspection and Review shall have five members to be appointed by the County Executive, four members for terms of four years provided that the terms of the original members shall be established in a manner that one shall expire each year and one member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board may be authorized to provide an appeal procedure whereby any person aggrieved by the issuance, transfer, renewal, refusal, suspension, revocation or cancellation of any County license, or by any notice, order or other action as a result of any County inspection affecting him or her directly shall, upon request, be furnished with a written statement of the reasons for the action taken and afforded a hearing thereon by the Board. The ordinance shall further provide that upon such hearing the Board shall hear any evidence which the aggrieved party or the County may desire to offer, shall make findings and render a decision in writing within ninety days of the filing of the appeal, and that the Board may affirm, modify, reverse, vacate or revoke the action from which the appeal was taken to it.

§1316. Board of Building Standards.

County Council, by ordinance, may provide for the establishment of a Board of Building Standards. The Board of Building Standards shall have five members to be appointed by the County Executive, four members for terms of four years provided that the terms of the original members shall be established in a manner that one shall expire each year, and one member to be chairperson and to serve at the pleasure of the County Executive. The ordinance shall provide that the Board shall be given the power to perform the following functions, or such portion of (hem as the County Council may determine:

1 Advise the general manager of the Department of Land Use, upon request, about the interpretation of the building code or of any regulation relating to building safety and sanitation;

2 Suggest regulations applying standards of good practice in the enforcement of statutes and ordinances dealing with building safety and sanitation;

3 Upon request of the general manager of the Department of Land Use, review and issue a report regarding new and substitute materials proposed to be used in the building construction and upon new methods of construction;

4. Consider any suggested changes in standards and regulations, new and substitute materials, or new methods of construction, either with or without holding public hearings, but before the Board shall recommend any change or modification of such standards and regulations, it shall hold a public hearing at which all interested parties may present their views. After such public hearing, the Board shall submit its findings and recommendations to the general manager of the Department of Land Use for approval, whereupon they shall become a part of the standards and regulations.

1318. Board of Assessment Review.

County Council, by ordinance, shall provide for the Board of Assessment Review. The Board of Assessment Review shall consist of seven members. The County Council shall appoint six members from council districts one through six who shall be residents and freeholders of the districts from which appointed, and who shall serve for terms of six years, provided that the terms of the original members shall be established in such a manner that one shall expire each year The County Executive, with the advice and consent of the County Council, shall appoint one member who shall be Chairperson and who shall serve at the pleasure of the County Executive. No member shall forfeit his or her office by virtue of lack of continued residence in the district from which appointed if the potential disqualification shall arise solely from a change in the boundaries of a councilmanic district. Each member shall be entitled to compensation determined by the County Council.

1319. Functions of Board of Assessment Review.

The Board shall perform the following functions:

1 Hear appeals from any property owner who alleges that his or her property has been improperly assessed for purposes of taxation;

2. Following the hearing of any property owner and, in the light of the facts produced at such hearing, determine whether the assessment is correct. If the Board should find that the assessment is greater than it should be, the Board shall order the Chief Financial Officer to reduce the assessment and he or she shall thereupon reduce the assessment to the adjusted amount established by the Board;

Review the methods by which the general manager of the Department of Land Use has established the assessments and the results thereof as reflected by the assessment roll. If the Board should find that the procedures used by the general manager of the Department of Land Use require improvement in order to make more equitable and effective the assessment procedure, the Board shall make such recommendations as it deems proper to the general manager of the Department of Land Use and file a copy thereof with the Clerk of the County Council;

4. Prepare such rules and regulations for its operation as it deems appropriate.

1320. Appointment and duties of additional board members and referees.

1. The County Council may by ordinance expand the Board of Assessment Review by adding six additional members who shall serve for a term of one year. The County Council shall appoint one member from each of council districts one through six who shall be residents and freeholders of the districts from which appointed. No member shall forfeit his or her office by virtue of lack of continued residence in the district from which appointed if the potential disqualification shall arise solely from a change in the boundaries of a council district.

2. The County Council may by ordinance authorize appointment of referees to hear appeals of property assessments. The general manager of the Department of Land Use shall appoint, with the advice and consent of the County Council, such referees as are authorized by ordinance. Referees appointed hereunder shall be members of the Bar of the State.

3. Appeals may be heard by panels of three or more members of the Board or by the referees individually when the referees are so authorized pursuant to subsection two of this section. The panel or the referee shall submit a recommendation to the Board which shall determine whether the assessment is correct based upon the record of the appeal hearing and the recommendation of the panel or the referee.

4. Referees shall be paid as provided by the County Council.

1321. Judicial review.

Nothing in this chapter shall be construed as limiting the right of a property owner or County to appeal to the courts in connection with the assessment of his property for taxation as provided by law.

§ 1322. General provisions relating to assessment.

It is the intent of this subchapter that in New Castle County, the department shall perform all of the functions assigned to the Board of Assessment, except for the functions specifically assigned to the Board of Assessment Review by Section 1320 of this title.

§ 1323. Assessment of property.

1. In the performance of the functions relating to the assessment of property, the department shall exercise the assessment functions assigned to the Board of Assessment prior to May 26, 1965. To this end, not later than February 15 of each year, the department shall prepare and present to the Board of Assessment Review a copy of the assessment roll for the year The department shall determine the form of the assessment roll and shall not be bound by provisions of law in effect prior to May 26, 1965 as to form. The County Council of New Castle County shall by ordinance establish the dates during which appeals from assessments of the Department of Land Use to the Board of Assessment Review may be heard.

2. Not later than April 30 of each year, the Department of Land Use shall certify to the Chief Financial Officer a true and correct assessment roll for the year. Not later than May 31 of each year, the general manager of the department of Land Use shall certify to the County Council the total value of all property in the County and the total value of all property which has been assessed and is subject to taxation.

3. The department shall determine by rule, the form, number of copies, and other details concerning the keeping of records relating to assessment of real property and improvements thereupon. The department shall develop a suitable system for the identification of all real property within the County, both that which is subject to taxation and that which is exempt from

taxation. Such system shall be in a form which readily permits the subdivision of property, or the reassembly of property, without loss of control thereof for purposes of assessment.

4 Notwithstanding any provision of this title, for any fiscal year in which the County Council of New Castle County proposes to implement a general reassessment of property, the County Council may by ordinance establish appropriate and reasonable time periods for the filing of exemption applications; submission, inspection and certification of assessment rolls; notices of assessments; appeals from such assessments; and any other requirements relating to the implementation of the general reassessment. In no case, however, shall the County Council extend any such period more than thirty days beyond that otherwise established in this title. This authorization shall apply only to the fiscal year in which the general reassessment is implemented. In each fiscal year thereafter, the procedures specified in this title shall be followed.

§1324. Obligations and rights of property owners.

The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon him or her prior to May 26, 1965, with respect to the rendition or assessment of any property, nor shall it in any manner increase the responsibility of such property owner nor deny him of any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter.

SUBCHAPTER II. - POLICE DEPARTMENT §1 331. County police; powers and duties.

1 The County police shall have all of the police powers conferred by law upon law enforcement officers in the State of Delaware and all of such police may exercise such police powers anywhere in New Castle County. All police appointed under this section shall see that the peace and good order of the State within the aforesaid County be duly kept according to their powers and authority; shall arrest all persons who shall in either of their presence commit any riot, affray, or other breach of peace, or who shall be riotously assembled, and take them before a justice of the peace in the respective hundred where the person is apprehended to be dealt with according to law; shall use diligence in arresting murderers, thieves and other felons, and disturbers of the peace, and in case of resistance to either of their authority, or other case of necessity, may command aid of any of the people of the State; shall duly prevent all bloodsheds, affrays and breaches of the peace; and shall execute all other duties in accordance with the law. Such police shall patrol said hundreds during such hours, under such conditions and in such manner as may be prescribed by the Chief of Police of New Castle County.

2. The County police shall be subject to such directives and policies as the Chief of Police may prescribe.

3. No merger of the New Castle County police with any other police force or agency shall be valid unless and until approved by the General Assembly,

§1332. Functions.

a. The Police Department, managed by a Chief of Police, shall perform the following functions;

1. Organize, administer, supervise, and discipline the police force of the County;

0. Enforce traffic regulations and investigate accidents;

1. Make legal searches, seizures, and arrests, and exercise such legal authority incident thereto;

2. Maintain and operate lockups for the temporary confinement of prisoners;

5. Maintain peace, protect life, property and all other rights and liberties of the people, and do and perform all other lawfully assigned acts;

6. Operate and maintain an integrated communications system designed to facilitate the prompt, efficient, and effective performance of its function; and

b. The Police Department may perform the following functions:

1. Provide school crossing guard service in the manner and to the extent authorized by ordinance;

0. Prepare and maintain a County comprehensive emergency operations plan and other plans as appropriate to provide guidance and direction to units of the County Council, and which are integrated into and coordinated with emergency management plans of the federal government, State of Delaware and political subdivisions in New Castle County;

1. Except for those activities and responsibilities which are under the jurisdiction of the State Fire Prevention Commission, operate an emergency medical service for individuals who become unexpectedly ill or incapacitated, to include the provision of advanced life support paramedic services; and

2. Establish other functions related to public safety, in coordination with the fire, rescue and other emergency service organizations in New Castle County.

§1333. Other police prohibited.

No office, department, or board operating for the County, other than the Police Department, shall have a police force.

§ 1334. County responsibility for fire protection and ambulance and rescue service.

The government of New Castle County may make provisions for emergency medical services and the prevention and extinguishment of fires. For such purposes, the government of New Castle County may contract with any fire company authorized by the State Fire Prevention Commission, and in such case may make reasonable payments thereto. Provisions for emergency medical services and fire prevention and extinguishment shall be made cooperatively with the State Fire Prevention Commission and the Office of Emergency Medical Services.

§ 1335. Fire prevention outside of incorporated towns.

The government of New Castle County may make provisions- for the prevention and extinguishment of fires in New Castle County outside of the corporate limits of any incorporated city or town, and for such purpose enter into contracts with any fire company authorized by the State Fire Prevention Commission for the supplying of water, property and services necessary or incident to the prevention and extinguishment of such fires including the services of any incorporated fire company operating and maintaining apparatus for the extinguishment of fires within New Castle County.

§ 1336. Establishment of school crossing guard unit for New Castle County.

Upon the authorization of the County Council, the Police Department of New Castle County may appoint and maintain, within each school district, after approval of each school district in New Castle County, school- crossing guards, in such number as may, in the judgment of the school district, be necessary for the safe passage of school children over the public streets and highways of New Castle County outside the City of Wilmington.

§1337. Duties; compensation; uniform.

1. The school crossing guards appointed under this chapter shall be stationed at locations adjacent to the schools or at any other locations deemed necessary as directed by the Police Department for the purpose of assisting school children in safe passage across streets and highways.

2. The guards shall have the right to stop, control and guide vehicular traffic near any pedestrian crosswalk in order to permit children to cross safely the streets and highways.

3. In instances where the driver of a motor vehicle fails to comply with the lawful directions or signals of a school crossing guard, or otherwise violates a lawful ordinance or statute, the school crossing guard may report such driver to the appropriate police authorities. If the identity of the driver is not otherwise apparent, it shall be a rebuttable presumption that the person in whose name the vehicle is registered, to whom a rental vehicle is leased or whose name appears on a company's records as driving a company car is responsible for the violation.

4. The guards shall be subject to such rules and regulations as prescribed by the Police Department.

5. The Police Department shall provide and maintain an appropriate uniform.

§1338. Coordination with school boards.

In the selection and assigning of crossing guards the Police Department shall seek the advice and assistance of the school boards of the respective districts in which the crossing guards shall he employed.

§1339, Levy and collection of tax.

1. In order to carry out the provisions of this chapter, the County Council of New Castle County may levy in any school district with respect to which school crossing guards are furnished, an annual tax based upon the full annual cost including the salaries and maintenance of school crossing guards employed within said school district.

2. Such taxes shall be collected by the same collector, at the same time and in the same manner as other County taxes.

SUBCHAPTER III. DEPARTMENT OF SPECIAL SERVICES §1341. Functions.

The Department of Special Services, managed by the general manager of the department, who shall be qualified for the position by education, experience and training, may perform the following functions:

1. In cooperation with the Department of Land Use, manage and develop plans for public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas, and greenways for the County in accordance with, and in support of, the Comprehensive Plan.

2. Prepare designs and specifications for all types of public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas, and greenways, and supervise the construction and inspection thereof.

3. Assist the Office of Administrative Services in the tabulation of bids and in the determination of the lowest and best bidder with respect to all public facilities and infrastructure including sanitary sewers and treatment facilities, drainage systems, buildings, parks, open spaces, natural areas, and greenways, and, upon request of the Office of Administrative Services, with respect to materials, supplies and equipment.

4. Manage, maintain and operate public facilities and infrastructure sanitary sewers and treatment facilities, drainage systems, parks, open spaces, natural areas, and greenways, and perform all county functions related thereto, provided that such functions may be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine.

5. Manage, maintain and operate any county public water supply system.

6. Manage, maintain and operate all public buildings, except those which by agreement with other governmental jurisdictions are to be otherwise operated and maintained and any building which shall be designated by the County Executive to be excluded from the responsibility of the department for maintenance or operation, provided that such functions may be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine.

7. Manage and maintain the County Fleet and operate central garages for the storage and maintenance of equipment, and maintain all automotive equipment, except those that may he specified in writing by the County Executive for maintenance by some other office, department, or board, provided that such functions may be performed directly, by contract, or by licenses as the County Council by ordinance may from time to time determine.

§ 1342. Department of Special Services Board.

The Department of Special Services Board shall consist of nine members. The County Council, with the advice and consent of the County Executive, shall appoint eight members, who shall serve for a term of three years, provided that the terms of the original members shall be established in a manner that three shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall serve at the pleasure of the County Executive.

The Board shall advise the general manager at the Department of Special Services on issues related to the functions of the department.

Subcommittees that are directly related to functions of the department may be established.

Board members shall be persons of recognized character and ability who meet the qualifications of the department.

Five members of the Board constitute a quorum. A quorum is required for any action or recommendation of the Board.

SUBCHAPTER IV. DEPARTMENT OF COMMUNITY SERVICES §135 1 . Functions

The Department of Community Services, managed by the general manager of the department, who shall be qualified for the position by education, experience and training, may perform the following functions:

1. Undertake and execute or supervise the execution of all programs related to library functions, recreational/sports and athletic activities, community development and housing, senior programs, and any or all other community related programs authorized by County administrators:

2. Administer community services programs offering every resident of New Castle County equal access to services, resources and guidance in their use;

3. Receive, accept, administer and expend, according to the County budget, any monies, materials or other aid granted, appropriated or otherwise provided by local, state or federal governments by any source, public or private, in accordance with the terms thereof for the purposes provided in this division;

4. Plan, supervise and conduct a program of parks and park-related activities for all of the parks in the County; and

5. Perform all other activities pertinent to its organizational functions.

§ 1352. Department of Community Services Board.

The Department of Community Services Board shall consist of nine members. County Council, with the advice and consent of the County Executive, shall appoint eight members, whom shall serve for a term of three years, provided that the terms of the original members shall be established in a manner that three shall expire each year. The County Executive, with the advice and consent of the County Council, shall appoint a chairperson who shall- serve at the pleasure of the County Executive.

The Board shall advise the general manager of the Department of Community Services on issues relating to the functions of the department.

Subcommittees that are directly related to functions of the department may be established.

Board members shall be persons of recognized character and ability who meet the qualifications of the department.

Five members of the Board constitute a quorum. A quorum is necessary for any action or recommendation of the Board.

The Library Advisory Board shall serve as a subcommittee to the Department of Community Services Board. Two members of the Library Advisory Board shall he appointed to the Department of Community Services Board. The chairperson of the Library Advisory Board shall recommend two sitting members of the Board for consideration by the County Council for County Council appointments to the Department of Community Services Board.

SUBCHAPTER V. DEPARTMENT OF ADMINISTRATION Office of Administrative Services

§1361. Office of Administrative Services; functions.

The Office of Administrative Services, managed by the Chief Procurement Officer, who shall be qualified for the position by education, experience and training, may perform the following functions:

1 The Purchasing Section is responsible for obtaining goods and services for public purposes according to the laws and procedures intended to provide for the economical expenditures of public funds.

2. The Information Systems Section provides technical leadership to the County by assisting the departments in meeting their business requirements through equipment and application software.

3. The Mail Distribution and Printing Section provides full mail service and in-house printing services to all County agencies.

Office of Finance

§137I. Office of Finance; functions.

The Office of Finance, managed by the Chief Financial Officer, who shall be qualified for the position by education, training, and experience, may perform the following functions:

1. Prepare tax rolls and bills, including those required by any municipality, school district, or special district lying within or partially within the County if so authorized by law or such districts;

2. Collect all taxes, license and permit fees, and other moneys that may be due to or receivable by the County, or any of its offices, departments, or boards, provided that the Chief Financial Officer may, by rule, authorize the receipt of moneys directly by offices, departments, or boards, or may assign employees of departments to make such collections;

3. Collect, when directed or authorized by law, all taxes, license and permit fees, and other moneys that may be receivable by the State, or by any public office, department, or board not subject to the provisions of this title;

4. Institute proceedings for the sale of taxable property upon which taxes are not paid within the period prescribed by law;

5. Issue appropriate bills, assist in the issuance and servicing of indebtedness in connection with assessable improvements, and be responsible for the collection, custody, and payment of all moneys in connection therewith;

6. Issue receipts for moneys collected by the office;

7. Maintain the treasury of the County, and deposit the moneys belonging thereto or in the custody thereof in any depository bank, to the credit of the County;

8. Designate, with the approval of the Clerk of the County Council, the bank or banks to he used as County depositories and require them to fulfill all conditions prescribed by law or ordinance;

9. Invest funds deemed by the Chief Financial Officer available for temporary investment in such obligations or in such manner as the County Executive may authorize;

10. Assist in the issuance of all general and special bonds or other evidence of indebtedness of the County and service such debt in accordance with law and terms of indentures relating thereto:

11. Make disbursements and payments of claims that it finds to be in correct amount, and justly due, and in accordance with prior authorizations adopted under the terms of the title or other State law;

12. Prepare payrolls and supervise the preparation of related documents;

13. Prepare and issue all checks;

14. Keep accurate and complete accounts of all receipts and disbursements;

15. Provide information pertaining to the financial affairs of the County;

16. Perform such other functions as may be required of the Chief Financial Officer by this title. or other State law, or which may be assigned in writing by the County Executive.

§1372. Sworn information.

The Chief Financial Officer may require from any officer or employee of the County, or am claimant, such sworn information as may be necessary for the proper performance of the functions of the office.

§1373. General provisions relating to levy, billing, and collection of taxes.

It is the intent of this subchapter that in New Castle County, the Office of Finance shall perform all of the functions assigned to the Receiver of Taxes and County Treasurer under this title prior to January 3, 1967.

§1374. Obligations and rights of property owners.

The adoption of this subchapter shall in no manner relieve any property owner of any obligation imposed upon him or her prior to May 26, 1965, with respect to the payment of any tax nor shall it in any manner increase the responsibility of such property owner nor deny him or her any right possessed prior to May 26, 1965, except to the extent specifically provided in this subchapter.

§1375. Collection of taxes.

The Office shall be responsible for the collection of all taxes, whether current or delinquent, and to that end shall perform all of the responsibilities with respect to collection and enforcement of collection vested prior to May 26, 1965, in the Receiver of Taxes and County Treasurer. To this end, the Office shall be entitled to the use of and shall be responsible for the application of all processes of law available prior to May 26, 1965, to the Receiver of Taxes and County Treasurer.

§1376. Records of tax delinquencies.

The Office shall maintain a suitable record of the payment or nonpayment of taxes with respect to each parcel of real property in the County.

§1377. Audit of accounts..

Each year the County Auditor shall audit the accounts of the office to determine whether they properly reflect all payments and delinquencies of taxes that shall have been levied.

Office of Human Resources

§1381. Office of Human Resources; functions.

The Office of Human Resources, managed by the Chief Human Resources Officer, who shall be qualified for the position by education, experience and training, shall perform the following functions.

1. Divide all County officers and employees into unclassified or classified service, and assign all classified employees into position classifications, based on duties performed and responsibilities assumed;

2. Establish a uniform pay plan for all classified employees based on the classification of the position held;

3. Regulate employment and promotion according to competency and fitness, to be ascertained when possible by competitive examination and, when not, by due consideration to qualifications and record performance;

4. Establish tenure for all classified employees, providing for discipline, demotion and discharge for just cause only, with right of employee appeal through provisions outlined in the New Castle County Code; and

5. Create uniform provisions governing provisions of related sections of the New Castle County Code.

§ 13S2. Continuance of present system.

Any system of human resource administration with respect to the employees of New Castle County which shall be in effect on January 3, 1997, shall remain in effect until the County Council has acted in accordance with the provisions of this subchapter.

§1383. Human Resources Advisory Board.

1. County Council, by ordinance, shall provide for the establishment of a Human Resources Advisory Board. The Board shall consist of three members appointed by the County Executive, with the advice and consent of the County Council, who shall serve for terms of six years or until their successors are appointed.

2. The ordinance shall further provide that:

(a) The members of the Board shall be residents of New Castle County;

() They shall be persons of recognized character and ability whose experience provides knowledge of human resources practices and procedures and knowledge and support of merit principles as applied to public employment;

(c) No member of the Board shall be a member of any local, state or national committee of a political party or an officer or a member of a committee of any partisan or political group, or shall hold or be a candidate for any political office; and

(d) The members shall be registered voters of the County and no more than two of the members shall be of the same political party.

3. The ordinance shall further provide that the members of the Board shall elect one of their number to serve as chairperson, and that they shall be entitled to compensation of S.50 per meeting, not to exceed 25 meetings in any fiscal year.

§1384. Pension Plan For Employees.

New Castle County may, by ordinance, establish a contributory funded pension program which shall be comprised of a qualified pension plan or plans as defined under the Federal Internal Revenue Service Code and Regulations.

Office of Law

§1391. Office of Law; functions.

The Law Office, managed by the County Attorney, shall perform the following functions.

1. Serve as chief legal advisor to the County Executive, County Council and all County departments, boards, offices and agencies;

2. Represent the County in all legal proceedings;

3. Perform any other duties prescribed by this title or by ordinance of the County Council §1392. Appointment.

The County Attorney shall be appointed by the County Executive. The County Attorney shall serve at the pleasure of the County Executive.

§1393. Qualifications.

The County Attorney and all Assistant County Attorneys shall be members of the Delaware

Bar.

§1394. Assistant County Attorneys.

The County Attorney shall appoint such Assistant County Attorneys as may be authorized by the County Council. The Assistant County Attorneys shall serve at the pleasure of the County Attorney.

§ 1395. Compensation.

The annual salary of the County Attorney and each Assistant County Attorney shall he determined by the County Executive.

§ 1396. Other employees.

The County Council may provide for such employees as may be necessary to perform the functions required by this title.

§ 1397. Subpoena Power.

1. Whenever the County Attorney has reasonable cause to believe that any person or enterprise may have knowledge of, has been engaged in or is engaging in any conduct in violation of County laws, ordinances, regulations or any state law prohibiting violations of County laws, ordinances or regulations, the County Attorney may, in the County Attorney's discretion, conduct an investigation of such conduct. The County Attorney is authorized before the commencement of any civil or criminal proceeding related to the violation of county laws, ordinances, regulations or any state law prohibiting violations of the County laws, ordinances or regulations to subpoena witnesses. The County Attorney may issue in writing and cause to be served on any person an investigative demand to compel the attendance of witnesses, examine witnesses under oath, require the production of evidence or documentary materials, and require answers to written interrogatories to be furnished under oath.

2. The production of documentary material in response to an investigative demand served under this section shall be made pursuant to a sworn certificate, in such form as the demand designates, by the person, if a natural person, to whom the demand is directed or, if not a natural person, by an individual having knowledge of the facts and circumstances relating to the production of materials, which certificate shall affirm that all of the documentary material required by the investigative demand and in the possession, custody or control of the person to whom the demand is directed has been produced and made available to the custodian.

3 The County Attorney may, in the County Attorney's discretion, require the production under this section of documentary materials prior to the taking of any testimony of the person subpoenaed. The required documentary materials shall be made available for inspection or copying during normal business hours at the principal place of business of the person served, or at such other time and place as may be agreed upon between the person served and the County Attorney.

4 The examination of all persons pursuant to this section shall be conducted by the County Attorney or by a person designated in writing to be the County Attorney's representative, before an officer -chosen by the County Attorney who is authorized to administer oaths in this State. The statements made shall be taken down stenographically, or by a sound-recording device, and shall be transcribed.

5. No person shall, with intent to avoid, evade, prevent or obstruct compliance in whole or in part by any person with any duly served investigative demand of the County Attorney under this section, knowingly remove to any place, conceal, withhold, destroy, mutilate, alter or by any other means falsify any documentary material or materials that are the subject of the demand. A violation of this subsection is a Class E felony. Any suspected violations of this Section shall be referred to the Office of the Attorney General.

6. In the event a witness subpoenaed under this section fails or refuses to appear, or to produce documentary materials as provided herein, or to give testimony relevant or material to an investigation, the County Attorney may petition the Superior Court in the County where the witness resides for an order requiring the witness to attend and testify, or to produce the documentary materials. Any failure or refusal by the witness to obey an order of the Court may be punishable by the Court as contempt.

§ 1401. Selection, qualification, term, compensation, and removal of the County Auditor.

1 The County Auditor shall be appointed by the County Council and shall serve at the pleasure of the County Council.

2. The County Auditor shall be a qualified accountant, either as a certified public accountant or as a graduate of a college or university in which he or she has majored in accounting or the equivalent training.

3. The annual salary of the County Auditor shall be determined by the County Council.

§ 1402. Qualifications of assistants of County Auditor.

All assistants of the County Auditor who shall perform any auditing duties shall be qualified accountants or as graduates of a college or university in which they have majored in accounting or the equivalent training.

§1403. Certification of County Auditor.

The County Auditor shall have a qualified accounting firm examine the annual financial report of the Chief Financial Officer and append thereto a certificate which shall state an opinion as to whether the financial statements in the financial report contain a proper record of the County's financial transactions for the year and whether they properly reflect the current assets and liabilities and the funded debt of the County as of the close of the fiscal year. Should there be any qualifications or exceptions to any portion of the annual financial report of the Chief Financial Officer, they shall be stated in an explicit manner in such certification.

§ 1404. Audits and examinations by County Auditor.

The County Auditor shall annually have examined the accounts, books, and records of all offices, departments, and boards that reflect transactions involving financial activities and affairs of the County. Such audits may be either complete or in such lesser degree as the County Auditor shall find acceptable to enable him or her to express opinions concerning whether such transactions have been carried out in accordance with the appropriation ordinances, rules, and regulations of the County Council, and laws governing such transactions. The examination of such accounts shall be completed and a report thereupon shall be completed not later than the end of the sixth month next following the completion of the fiscal year in which such transactions shall have occurred.

§1405. Reports of the County Auditor.

1. Copies of the reports concerning each audit or examination shall immediately, upon preparation thereof be filed with the County Executive, the Chief Administrative Officer, the Chief Financial Officer, and the Clerk of County Council.

2. If the County Auditor shall at any time discover any unauthorized, illegal, irregular, or unsound practice, he or she shall forthwith lay such facts before the County Executive and the County Council.

3. The County Auditor shall from time to time make such recommendations as he or she shall deem appropriate to any office, department, or board for improvement in the management of the financial affairs of the County. Copies of such recommendations shall be filed with the County Executive and the County Council.

§ 1406. Assistance to County Council.

The County Auditor shall provide such assistance to the County Council as the County Council may require of him or her in any matter before it, including but not limited to any measure relating to the appropriation of funds by the County Council.

§1407. Special Examinations or Audits.

When directed by the County Executive or the County Council, the County Auditor shall make or shall have made a qualified accounting firm special examinations of any financial transaction or matter and report promptly thereupon to the County Executive and the County Council.

§1408. Access to Records by County Auditor.

In performing his or her duties, the County Auditor shall have access at any time to any and all books, records and accounts of each office, department or board of the County subject to audit by him or her.

§1409. Annual External Audit.

At the close of each fiscal year, the County Council shall cause a person or persons, certified by the laws of the State to practice accounting and not an employee of the County, to make a post-audit of the financial affairs of the offices, agencies, departments and boards of the County and of the procedures and practices of the County Auditor,"

Section 60. Amend § 1521 of Title 9 of the Delaware Code by deleting all references therein to "the government of New Castle County" and substituting in lieu thereof, in all instances, except in 1521(b), the term "New Castle County Council".

Section 61. Amend subsection (d) of § 1521 of Title 9 of the Delaware Code by deleting in its entirety the sentence reading "The government of New Castle County may expend for the services of the technical or professional advisors and consultants employed under the authority of this subsection, a sum or sums not in excess of $20,000."

Section 62. Amend § 1521 of Title 9 of the Delaware Code by deleting subsections (e), (0, (g) and (h) in their entirety and substituting in lieu thereof new subsections (e), (1) and (g) as follows:

"(e) County Council may determine that lands owned by New Castle County are surplus and no longer needed for County use and may authorize their disposal. The determination that lands are surplus shall be made after a public hearing not less than 30 days prior to the first published advertisement for bids or introduction of any ordinance or the execution of any contract for providing for the conveyance of such lands. Notice of the hearing shall be published in a newspaper of general circulation in New Castle County at least ten days before the hearing.

(f) Notwithstanding any provision in this title, any real property acquired by New Castle County as the result of a Sheriff's Sale brought by the County to collect delinquent taxes, sewer service charges, or other fees or charges due to the County shall be deemed surplus upon the execution by the Sheriff of a deed conveying the property to New Castle County. Lands acquired in this manner may be sold without further approval by County Council, provided that, prior to the completion of the safe, the conveyance of the property shall be approved by the County Executive of New Castle County in accordance with a written policy promulgated by the County Executive or Chief Administrative Officer

(g) In addition to those powers enumerated in this section, New Castle County Council may by ordinance transfer lands held by the County, including but not limited to surplus lands, to the State after written notification from the Governor or his designee that such lands are required by the State for public purposes."

Section 63. Amend § 1522 and § 1523 of Title 9 of the Delaware Code by deleting all references therein to "Department of Finance" and substituting in lieu thereof in each instance the term "Office of Finance".

Section 64. Amend subsection (a) of § 1522 of Title 9 of the Delaware Code by deleting the sum "$500,000" and substituting in lieu thereof the sum "10,000,000".

Section 65. Amend subsection (b) of § 1522 of Title 9 of the Delaware Code by deleting, in the first sentence, the phrase "of interest" between the phrases "greater rate" and "than 5 per cent".

Section 66. Amend § 1522 of Title 9 of the Delaware Code by deleting subsection (d) in its entirety and substituting in lieu thereof a new subsection (d), as follows:

"(d) The debt limit stated in subsection (a) of this section shall not be interpreted to include any bonds, notes or other evidence of indebtedness issued for the purpose of securing funds for use at the New Castle County Airport or; for using financing sanitary districts, the construction or acquisition of sewers or sewerage systems, suburban improvements, or County roads or bridges; or any bonds, notes or other evidence of indebtedness that do not pledge the full faith and credit of the County."

Section 67. Amend Chapter 15 of Title 9 of the Delaware Code by deleting § 1561 in its entirety.

Section 68. Amend subsection (d) of § 1562 of Title 9 of the Delaware Code by deleting the phrase "New Castle Hundred and Millcreek Hundred of" as it appears in the first sentence thereof.

Section 69. Amend Title 9 of the Delaware Code by deleting Chapter 19 in its entirety

Section 70. Amend §§ 2204, 2205 and 2207 of Title 9 of the Delaware Code by deleting the word "resolution" as it appears in each section and substituting in lieu thereof the word "ordinance".

Section 71. Amend subsection (b) of § 2205 of Title 9 of the Delaware Code hi. deleting the word "recital" in the second sentence thereof.

Section 72. Amend § 2210 of Title 9 of the Delaware Code INN deleting the section in its entirety and substituting a new § 2210, as follows:

"§ 2210. Penalties for failure to pay charges.

(a) In the event that a service charge with regard to any parcel of real property is not paid as and when due, a penalty shall accrue and be due to the County on the unpaid balance at a rate and in a manner to be set by ordinance of County Council.

(b) In the event that any service charge with respect to any parcel of real property is not paid as and when due, the Chief Financial Officer of the County may, at his or her discretion. enter upon such parcel and cause the connection thereof leading directly or indirectly to the sewerage system to be cut and shut off until the service charges and any subsequent charges \Null regard to such parcel and all penalties thereon are fully paid.

(c) The Office of Finance of New Castle County may at any time notify in writing the person or corporation employing any person responsible for the payment of delinquent service charges hereunder that the charges are due, delinquent and unpaid and thereupon the employer shall deduct from the wages, or from any sum due such employee, the amount (tithe charges due from such employee, and charge the same against the employee. If such employer refuses or neglects to comply with the provisions of this section within three months from the time of receiving such notice, the employer shall be personally liable for the charges of such person as to whom notice has been given. The Office of Finance may recover the amount of the charges from such employer in an action of debt before any Justice of the Peace. When the amount of such charges is held by any employer under the provisions of this section, the employer shall pay the same to the Office of Finance within 30 days thereafter. A copy of this section shall accompany all written notices to employers."

Section 73. Amend § 2211 of Title 9 of the Delaware Code by deleting the word "interest" each time it appears therein and substituting in lieu thereof the word "penalties'

Section 74. Amend subsection (b) of § 2211 of Title 9 of the Delaware Code by deleting the phrase in an amount greater than $250" in the first sentence and by inserting in the first sentence between the terms "due date" and "the County" the phrase ", or any charges in an amount greater than $250 remain unpaid at the end of 60 days after the due date,"

Section 75, Amend Subsection (c) of g 2211 of Title 9 of the Delaware Code by inserting the term of record" in the second sentence between the terms "owner or owners" and "of the property" and by deleting the words "state or national" in the second sentence and substituting in lieu thereof the word "depository".

Section 76. Amend subchapter II of Chapter 22 of Title 9 of the Delaware Code by deleting all references therein to "Director of Finance" and substituting in lieu thereof in each instance the term "Chief Financial Officer"; and by deleting all references therein to -Department of Finance" and substituting in lieu thereof in each instance the term "Office of Finance"

Section 77. Amend subsection (a) of § 2223 of Title 9 of the Delaware Code by inserting the phrase ", including accrued penalties, " in the second sentence between the phrase "amount of service charges" and "due on the property".

Section 78. Amend subsection (c) of g 2223 of Title 9 of the Delaware Code by Inserting the phrase ", including accrued penalties," in the first sentence between the terms "service charges" and "due and the years thereof—.

Section 79. Amend § 2224 of Title 9 of the Delaware Code by inserting the phrase -taxes or assessment" between the words "judgment for the" and "service charges'', by inserting the phrase ", including accrued penalties,- between the phrase "service charges" and "stated herein-, by inserting the word "taxes" in the first sentence between the phrases "the payment of' and "service charges"; by inserting the phrase "and accrued penalties- between the terms "service charges' and "herein claimed", by deleting the semi-colon (;) after the term "New Castle County" and replacing it with a comma (,); by deleting the semi-colon (;) after the phrase "§ 2226 of this title" and replacing it with a comma (,); and by deleting the period (.) at the end and substituting in lieu thereof the phrase ", including accrued penalties thereon and all costs incurred in collections process."

Section 80. Amend subsection (b) of § 2225 of Title 9 of the New Castle County Code by deleting the word "receive" in the first sentence and substituting in lieu thereof the phrase "be sent".

Section 81 Amend § 2228 of Title 9 of the Delaware Code by deleting the word "interest", found between the language "with costs and" and "as set", and substituting in lieu the word "penalties"

Section 82. Amend subsection (a) of § 2229 of Title 9 of the Delaware Code by deleting the word "next" in the first sentence thereof

Section 83 Amend § 2236 of title 9 of the Delaware Code by deleting paragraph (a) (3) in its entirety and by deleting subsection (b) in its entirety and substituting in lieu thereof a new subsection (b), as follows:

"(b) County Council of Ness Castle County may provide by ordinance for fees and costs to be taxed in all proceedings under this Chapter."

Section 84 Amend Chapter 22 of Title 9 of the Delaware Code by creating a new § 2237, as follows:

"§2237. Purchase at Sheriff's Sale by agent of County

New Castle County Council may authorize any person to bid at the sale of any real estate under the provisions of this chapter and, in the event that such person is the highest and best bidder therefor, title thereto shall he taken in the name of New Castle County. County Council shall not authorize anyone to hid in excess of the aggregate amount of all taxes, service charges, penalties, and obligations due to New Castle County, including costs incurred in the collection process.

Section 85 Amend Chapter 26 of Title 9 of the Delaware Code by deleting all references therin to the "Department of Planning- or "Planning Department- and substituting in lieu thereof, in all instances, the term "Department of Land Use".

Section 86. Amend Chapter 26 of Title 9 of the Delaware Code by deleting § 2606 in its entirety

Section 87. Amend subsection (a) of § 2659 of Title 9 of the Delays are Code by deleting the term "Levy Court" as it appears in the first sentence thereof

Section 88. Amend Title 9 of the Delaware Code by deleting Chapter 27 in its entirety

Section 89. Amend § 3001 of Title 9 of the Delaware Code by deleting the term "Department of Planning" in paragraph (1) and substituting in lieu thereof the term "Department of Land Use".

Section 90. Amend Title 9 of the Delaware Code by deleting Chapter 31 In its entirety.

Section 91. Amend §§ 8302, 8303, 8309, 8310, 8312, 8315, 8321 of Title 9 of the Delaware Code by deleting all references therein to "department of finance" and "finance department" and substituting in lieu thereof in each instance the term "Department of Finance or Department of Land Use".

Section 92. Amend § 8317 of Title 9 of the Delaware Code by deleting the last sentence and substituting in lieu thereof the following:

"The powers granted in this section may be exercised by the Department of Finance in Sussex County and the Department of Land Use in New Castle County."

Section 93. Amend § 8320 of Title 9 of the Delaware Code by deleting the term "Department of Finance" as it appears therein and substituting in lieu thereof the term "Department of Land Use".

Section 94. Amend § 8322 of Title 9 of the Delaware Code by deleting the phrase "Department of Finance of New Castle and Sussex Counties" and by substituting in lieu thereof the phrase "Department of Finance of Sussex County or Department of Land Use of New Castle County".

Section 95. Amend § 8325 of Title 9 of the Delaware Code by deleting the second sentence, beginning "In New Castle County", in its entirety and substituting a new sentence in lieu thereof, as follows:

"In New Castle County, the Department of Land Use shall ascertain and report to County Council the number of persons liable to capitation tax."

Section 96. Amend §§ 8338 and 8342 of Title 9 of the Delaware Code by deleting the term "Department of Finance of New Castle County" and substituting in lieu thereof the term "Department of Land Use of New Castle County".

Section 97. Amend § 8342(b) and § 8343 of Title 9 of the Delaware Code by inserting the phrase "or Department of Land Use" after the term "department of finance" in the first sentence of both §8342(b) and § 8343.

Section 98. Amend § 8357 of Title 9 of the Delaware Code by deleting the sum "550" and substituting in lieu thereof the sum "$250".

Section 99. Amend § 8360 of Title 9 of the Delaware Code by deleting the term "Department of Finance of New Castle County" and substituting in lieu thereof the term "Department of Land Use of New Castle County".

Section 100. Amend § 8361 of Tide 9 of the Delaware Code by deleting the sum "S50" and substituting in lieu thereof the sum "$250".

Section 101. Amend § 8363 of Title 9 of the Delaware Code by deleting the lean "Department of Finance of New Castle County" and substituting in lieu thereof the tem "Department of Land Use of New Castle County"; and by deleting the phrase "S5,000" and substituting in lieu thereof the phrase "as established by County Council".

Section 102. Amend Chapter 86 of Title 9 of the Delaware Code by deleting § 8602 in its entirety and substituting in lieu thereof a new § 8602, as follows:

"§ 8602. Notice to taxables of taxes due; effect of failure to receive notice.

(a) For purposes of this chapter and the following chapter, the term "tax collecting authority" shall refer, in New Castle County, to the Chief Financial Officer; in Kent County, to the Receiver of Taxes and County Treasurer; and in Sussex County, to the Director of Finance.

(b) The tax collecting authority of each county shall mail to all taxables in the county a statement of their taxes collectible by that county not more than 30 days after the taxes are due and payable.

(c) The failure of the rightful owner of any property to receive a statement of taxes bymail from the tax collecting authority shall not relieve the taxable from the obligation of timely payment of any and all taxes due,"

Section 103. Amend § 8603 of Title 9 of the Delaware Code by adding a new sentence at the end thereof, as follows:

"This section shall not apply with respect to New Castle County."

Section 104. Amend Chapter 86 of Title 9 of the Delaware Code by deleting § 8604 in its entirety and substituting in lieu thereof a new § 8604, as follows:

"§ 8604. Abatement of taxes; penalty for the late payment; removal of delinquent real estate taxes from tax roll

(a)(1)The tax collecting authority of New Castle County shall, after the 1st day of September in the year in which annual taxes become due and payable, add thereto a penalty of six percent of the current charge and one percent of the unpaid principal balance as of the first day of every month thereafter until the same shall be paid. Penalty shall accrue at the same rate on any supplemental tax bill issued pursuant to § 8340, beginning on the first day of the third month from the date upon which the tax liability became due and payable.

(2) In Kent County and in Sussex County the tax collecting authority shall, after the 30th day of September in the year in which the tax duplicate shall be delivered to him, add to taxes to be paid thereafter a penalty of 1,5 percent per month until the same shall be paid.

(b)The tax collecting authority of each county is authorized to remove from the tax roll the amount of any taxes assessed against real estate that do not constitute a lien against such real estate pursuant to § 8705 of this title.

(c)The tax collecting authority of each county, upon being authorized by ordinance adopted by County Council or Levy Court, may allow an abatement of or discount upon any tax or penalty for late payment, exclusive of school taxes, required to be collected by them."

Section 105. Amend Chapter 86 of Title 9 of the Delaware Code by deleting § 8605 in its entirety and substituting in lieu thereof a new § 8605, as follows:

"§ 8605. Collection at offices of tax collecting authority; hours.

Each tax collecting authority shall be present, either in person or by deputy, at a designated County office every day, except Sundays, Saturdays, and legal holidays, during the usual hours of business, for the purpose of receiving taxes collectible by the County."

Section 106. Amend § 8606 of Title 9 of the Delaware Code by adding a new sentence at the end thereof, as follows:

"This section shall not apply with respect to New Castle County."

Section 107. Amend § 8607 of Title 9 of the Delaware Code by deleting each reference therein to "Department of Finance" and substituting in lieu thereof in each instance the term "Office of Finance".

Section 108. Amend subsection (a) of § 8607 of Title 9 of the Delaware Code by deleting the phrase "make out" in the first sentence thereof and substituting in lieu thereof the word "prepare"; by deleting the word "laid" in the second sentence thereof and substituting in lieu thereof the word "levied"; by deleting the phrase "tax covers" in the second sentence thereof and substituting in lieu thereof the term "taxes cover"; and by deleting the last sentence thereof, beginning "It shall also".

Section 109. Amend § 8609 of Title 9 of the Delaware Code by adding a new sentence to the end thereof to read "This section shall not apply with respect to New Castle County".

Section 110. Amend § 8610 of Title 9 of the Delaware Code by deleting the term "Department of Finance" in the first sentence and substituting in lieu thereof the term "Office of Finance"; by deleting the phrase "payable to" in the first sentence and substituting in lieu thereof the term "collectible by"; by deleting the phrase "to him for the year" in the first sentence and substituting in lieu thereof the word "and"; by deleting the word "may" in the first sentence and substituting in lieu thereof the word "shall"; and by deleting the phrase "either he delivered personally to such person or to the president or to one of the directors of any such corporation or" in the second sentence and substituting in lieu thereof the word "be".

Section 111. Amend § 8614 of Title 9 of the Delaware Code by deleting each reference to the term "Receiver of Taxes and County Treasurer or Director of Finance" and substituting in lieu thereof in each instance the term "tax collecting authority".

Section 112. Amend § 8615 of Title 9 of the Delaware Code by adding a new sentence to the end thereof to read "This section shall not apply with respect to New Castle County."

Section 113. Amend Chapter 86 of Title 9 of the Delaware Code by deleting § 8618 in its entirety and substituting in lieu thereof a new § 8618, as follows:

"§ 8618. Refund of county taxes paid in error.

County taxes paid through error or by mistake may be refunded by the County government of the county in which the taxes were paid as follows:

(1) The person claiming a refund of taxes shall file with the County

government a request for refund in writing stating why it is believed the taxes were paid in error;

(2) The County government shall submit the request for refund to the tax collecting authority of the county for approval of the payment of the refund, and shall make no refund unless the tax collecting authority approves the refund in writing;

(3) The County government shall keep a record of all refunds for at least three years, which record shall be available in accordance with the provisions of the Stale Freedom of Information Act."

Section 114. Amend Chapter 87 of Title 9 of the Delaware Code by deleting § 8707 in its entirety and substituting in lieu thereof a new § 8707, as follows:

"§ 8707. Distress.

The remedy by distress, as prescribed by law, is preserved to the tax collecting authority of each county for the collection of any taxes that may be due and unpaid."

Section 115. Amend Chapter 87 of Title 9 of the Delaware Code by deleting all references therein to "Receiver of Taxes and County Treasurer or Departments of Finance for New Castle County and Sussex County" and "Receiver of Taxes, County Treasurer, or the Department of Finance of New Castle, Kent or Sussex Counties, or formerly County Tax Collectors, or Former Receivers of Taxes and County Treasurer of New Castle or Sussex Counties" and "Department of Finance of New Castle or Sussex Counties or the Receiver of Taxes for Kent County" and "Department of Finance or Receiver of Taxes" and substituting in lieu thereof in each instance the phrase "tax collecting authority".

Section 116. Amend § 8708 and § 8709 of Title 9 of the Delaware Code by deleting all references therein to "Department of Finance" and substituting in lieu thereof the term "Office of Finance".

Section 117. Amend subsection (a) of § 8708 of Title 9 of the Delaware Code by deleting the phrase "the Superior Court in and for New Castle County, or in any case where the amount due is not greater than $1,000, exclusive of costs, in a civil action in the Court of Common Pleas, or in any case where the amount due is not greater than $200, exclusive of costs, in an action of debt before any Justice of the Peace residing in New Castle County" and substituting in lieu thereof the phrase "any court of competent jurisdiction", and by deleting the phrase "Where the action is before either the Superior Court or the Court of Common Pleas" and substituting in lieu thereof the phrase "In such an action".

Section 118. Amend § 8709 of Title 9 of the Delaware Code by deleting subsection (b) in its entirety.

Section 119. Amend § 8711 of Title 9 of the Delaware Code by inserting the phrase ", delinquent," in the first sentence between the phrases "is due" and "and unpaid" and by deleting the word "he" in the second sentence and substituting in lieu thereof the term "the employer.

Section 120. Amend subsection (c) of § 8722 of Title 9 of the Delaware Code by Inserting the phrase "including accrued penalty thereon," in the first sentence between the phrases "the years thereof," and "together with" and by deleting the last sentence thereof in its entirety and substituting in lieu thereof the following:

"A description of the property as it appears upon the assessment rolls shall be sufficient."

Section 121. Amend § 8723 of Title 9 of the Delaware Code by deleting the period (.) at the end thereof and by inserting therein the following phrase ", including accrued penalties and all costs incurred in the collections process."

Section 122. Amend subsection (a) of § 8725 of Title 9 of the Delaware Code by deleting the word "next" in the first sentence thereof.

Section 123. Amend § 8732 of Title 9 of the Delaware Code by deleting the language in subsection (a) "The following fee shall be charged by the Department of Finance for New Castle County: For preparing description by metes and bounds of limed property 10.00" and by creating a subsection (c) to read as follows:

"(c) County Council of New Castle County may provide by ordinance for fees and

costs to be taxed in all proceedings under this Chapter."

Section 124. Amend Chapter 87 of Title 9 of the Delaware Code by deleting § 8733 in its entirety.

Section 125. Amend Chapter 87 of Title 9 of the Delaware Code by deleting § 8741 in its entirety and substituting in lieu thereof a new § 8741 as follows:

"§ 8741. Legal proceedings to collect unpaid taxes.

The Office of Finance of New Castle County may, on or after January I in every year, institute proceedings against all persons in such County liable for the payment of any taxes payable to the County then remaining due and unpaid for any year or years prior thereto."

Section 126. Amend § 8742 of Title 9 of the Delaware Code by deleting subsection (a) in its entirety and substituting in lieu thereof a new subsection (a) as follows:

"(a) Legal proceedings under § 8741 of this title to collect unpaid taxes may be

Instituted in any court of competent jurisdiction."

Section 127. Amend subsection (a) of § 8743 of Title 9 of the Delaware Code by deleting the term "Department of Finance" in the first sentence thereof and substituting in lieu thereof the term "Office of Finance"; by deleting the phrase "Superior Court or before the Court of Common Pleas or before the Justice of the Peace ( as the case may be)" and substituting in lieu thereof the phrase "appropriate court"; and by deleting the phrase "if issued by the Prothonotary of the Superior Court shall be returnable on the first day of the next term after its issuance and if issued by the Clerk of the Court of Common Pleas by a Justice of the Peace" in the last sentence thereof.

Section 128. Amend Chapter 87 of Title 9 of the Delaware Code by deleting § 8753 in its entirety and substituting in lieu thereof a new § 8753, as follows:

"§ 8753. Purchase at Sheriffs Sale by agent of County.

New Castle County Council may authorize any person to bid at the sale of any real estate under the provisions of this chapter and, in the event that such person is the highest and best bidder therefore, title thereto shall be taken in the name of New Castle County. County Council shall not authorize anyone to bid in excess of the aggregate amount of all taxes, service charges, penalties, and obligations due to New Castle County, including costs incurred in the collection process.

Section 129. Amend Chapter 96 of Title 9 of the Delaware Code by deleting § 9622 in its entirety and substituting in lieu thereof a new § 9622, as follows:

"§ 9622. Department of Finance construed. Any reference to "department of finance" shall be deemed to mean and include the Department of Finance in Sussex County and the Office of Finance in New Castle County."

Section 130. Amend subsection (a) of § 1917 of Title 14 of the Delaware Code by deleting in the second sentence the phrase "after the 30th day of September" and substituting in lieu thereof the phrase "after the 1st day of September".

Section 131. If any provision of this Act or the application of any section or part thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Act that can be given effect without the invalid provision or application.

Section 132. This Act shall become effective upon its enactment into law, with the exception of Sections 104 and 130 of this Act. Section 104, which amends § 8604 of Title 9 of the Delaware Code, and Section 130, which amends § 1917 of Title 14 of the Delaware Code. shall become effective January 1, 1999.

Approved July 13, 1998