Delaware Code Title 9 Sec. 2512 – Violation of regulations or chapter; notices and orders
(a) For the purpose of enforcing compliance with the provisions of the New Castle County Building Code, the requirements of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or to remove illegal or unsafe conditions, to secure the necessary safeguards during construction or to require adequate exit facilities in existing buildings, the Department of Land Use shall issue such rules, notices or orders as may be necessary.
Terms Used In Delaware Code Title 9 Sec. 2512
- Building: means a structure having a roof and intended to shelter persons, animals, property or a business activity. See Delaware Code Title 9 Sec. 2501
- Building sewer system: means equipment, appliances, pipes, fittings, fixtures and other appurtenances that convey liquid and water-carried waste from the building or structure to a public sewer, private sewer, individual sewage disposal system or other point of disposal. See Delaware Code Title 9 Sec. 2501
- constructed: means the building, installation, alteration, repair, replacement, maintenance, removal or demolition of a building, structure, mechanical system, fuel gas system, plumbing system, building sewer or similar system, or the components thereof. See Delaware Code Title 9 Sec. 2501
- Continuance: Putting off of a hearing ot trial until a later time.
- County Council: shall mean the County Council for New Castle County. See Delaware Code Title 9 Sec. 2501
- Department of Land Use: shall mean the New Castle County Department of Land Use. See Delaware Code Title 9 Sec. 2501
- Fuel gas system: shall mean natural or liquid gas appliances and related accessories, including gas piping extending from the point of delivery to the inlet connections of appliances. See Delaware Code Title 9 Sec. 2501
- Mechanical system: shall mean a system permanently installed and utilized to provide for the control of environmental conditions and related processes within buildings and structures, including equipment, appliances, fixtures, fittings, and appurtenances, including ventilating, heating, cooling, air conditioning and refrigeration systems, incinerators and other energy related systems. See Delaware Code Title 9 Sec. 2501
- Permit: includes any building permit, license, zoning permit, certificate of occupancy, certificate of use, certificate of completion, subdivision approval and any other official action of government having the effect of permitting construction, occupancy or use. See Delaware Code Title 9 Sec. 2501
- Plumbing system: means the equipment, appliances, pipes, fittings, fixtures and other appurtenances in or about a building or structure for bringing in the water supply and removing liquid and water-carried waste. See Delaware Code Title 9 Sec. 2501
- Structure: shall mean a man made object having an ascertainable stationary location on land or in water, whether or not affixed to the land. See Delaware Code Title 9 Sec. 2501
(b) Whenever the Department of Land Use is satisfied that a building or structure, mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, or any work in connection therewith, the construction of which is regulated, permitted or forbidden by any of the rules or regulations as adopted by the County Council, is being constructed in violation or rules, regulations or requirements as promulgated by the County Council or in violation of a permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use, or order of the Department of Land Use, the Department of Land Use may serve a written notice or order upon the person responsible therefore directing discontinuance of each illegal action and the remedying of the condition which is in violation of the provisions, regulations or requirements as adopted by the County Council or required by permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use or by order of the Department of Land Use.
(c) No person having been served with such a notice or order shall fail within 5 days to comply with the requirements thereof unless the Department of Land Use determines that such violation cannot be cured within such time and clearly delineates additional time for compliance.
(d) Whenever in the opinion of the Department, by reason of defective or illegal work in violation of a provision or requirement adopted by the County Council of New Castle County, or in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department of Land Use or in violation of any order of the Department of Land Use or the continuance of a building operation is contrary to public welfare, the Department may order, in writing, that all further work be stopped immediately and may require suspensions of work until the condition in violation has been remedied.
44 Del. Laws, c. 84, § ?14; 16 Del. C. 1953, § ?8313; 70 Del. Laws, c. 186, § ?1; 75 Del. Laws, c. 85, § ?5;