Delaware Code Title 10 Sec. 7105 – Action to abate criminal nuisance
(a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7113 of this title and to seek civil penalties provided under § 7126 of this title.
Terms Used In Delaware Code Title 10 Sec. 7105
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Criminal nuisance: means any real property at which:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality. See Delaware Code Title 10 Sec. 7103
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) Any other person, as defined in § 7103 of this title, may bring an action to abate a criminal nuisance under this title on behalf of the Attorney General in the name of the State, provided the person serves the State Solicitor with a copy of the complaint within 5 days of filing. The Attorney General may elect to intervene and proceed with the action after it receives a copy of the complaint. If the Attorney General reviews the complaint and determines that there is insufficient evidence to support the claim, the Attorney General may dismiss the complaint.
30 Del. Laws, c. 234, § ?3; Code 1935, § ?5274; 10 Del. C. 1953, § ?7103; 72 Del. Laws, c. 484, § ?1; 78 Del. Laws, c. 161, § ?10;