Delaware Code Title 9 Sec. 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.
Terms Used In Delaware Code Title 9 Sec. 2210
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- County: means New Castle County. See Delaware Code Title 9 Sec. 2201
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Service charges: means rents, rates, fees or other charges charged or collected under § 2209 of this title. See Delaware Code Title 9 Sec. 2201
- Sewerage system: means the plants, structures and other real and personal property acquired, constructed or operated or to be acquired, constructed or operated by the County for the collection, treatment, purification or disposal in a sanitary manner of any sewage, liquid or solid wastes, night soil or industrial wastes, garbage and storm water, including sewers, conduits, pipelines, mains, pumping and ventilating stations, sewage treatment or disposal systems, plants and works, connections, and outfalls, and other plants, structures, boats, conveyances, and other real and personal property, and rights therein, and appurtenances necessary or useful and convenient for such purposes. See Delaware Code Title 9 Sec. 2201
(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 with 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 of the charges due from such employee, and charge the same against the employee. If such employer refuses or neglects to comply with this section within 3 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 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.
48 Del. Laws, c. 61, § ?10; 9 Del. C. 1953, § ?2210; 55 Del. Laws, c. 85, § ?14; 63 Del. Laws, c. 169, § ?2; 65 Del. Laws, c. 435, § ?1; 70 Del. Laws, c. 186, § ?1; 71 Del. Laws, c. 401, §§ ?15, 72;