CHAPTER 300

FORMERLY

HOUSE BILL NO. 347

AN ACT TO AMEND TITLE 22, DELAWARE CODE RELATING TO MONITION SALES BY MUNICIPALITIES.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

WHEREAS, House Bill No. 668 of the 139th General Assembly (72 Del. Laws, c. 138, § 1) amended Title 9 (Counties) of the Delaware Code to allow counties to establish fees and costs by ordinance to be imposed in any monition proceedings, and to allow the county to approve or disapprove the final bid at Sheriff’s sale; and

WHEREAS, municipalities derive their authority from the provisions set forth in Title 22 of the Delaware Code.

NOW THEREFORE:

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Chapter 1, Title 22 of the Delaware Code by adding the following new sections:

Ҥ 112. Fees and costs in all proceedings to collect real estate assessment taxes and water and sewer service charges.

(a) The fees and costs to be assessed and collected in all proceedings to collect real estate assessment taxes and water and sewer service charges due and owed to the municipality, where not otherwise provided for, shall be as follows:

(i.) Filing praecipe $1.10

(ii.) Issuing monition and copy $2.75

(iii.) Issuing alias or pluries, monition and copy $2.75

(iv.) Writ of venditioni exponas $2.25

(v.) Filing any petition in Superior Court under this subchapter $1.00

(vi.) Cost of paying money into Superior Court $1.00

(vii.) Costs of paying money out of Superior Court for each check drawn $1.00

(b) In addition to the fees set forth in subsection (a), city council may provide by ordinance for fees and costs, including without limitation, attorneys’ fees, to be assessed and collected in any proceedings to collect real estate assessment taxes and water and sewer system charges due and owed to the municipality.

§ 113. Approval of final bid at Sheriff’s sale.

The municipality, by and through its Director of its Department of Finance, or his/her designee, may approve or disapprove the final bid at a sale made by the Sheriff under the monition method of sale, provided, that the notice of the public sale includes in its terms that such sale is subject to the approval of the Director of the Finance Department of the municipality. In the event the Director of the Department of Finance, or his/her designee, does not approve the final bid at such sale, the said Director of the Department of Finance, or his/her designee, may expose the property to another and as many succeeding sales as it chooses. The final bid at a sale made by the Sheriff shall be presumed to be approved unless notice of disapproval of such final bid shall be received by the Sheriff within twenty (20) days from the date of such public sale.”.

Approved June 30, 2004