Section
143-22 through
143-35 shall govern the administration and enforcement procedures of the Kent County Housing Code. Any municipality that adopts the code as its own may use these administrative and enforcement procedures as its own or may develop procedures which are similar in nature as determined by the code official.
Except as may otherwise be provided by state statute, no officer, agent
or employee of the county, municipality or any community charged with the
enforcement of this chapter shall be rendered personally liable for any damage
that may accrue to persons or property as a result of any act required or
permitted in the discharge of duties under this chapter. No person who institutes,
or assists in the prosecution of, a criminal proceeding under this chapter
shall be liable for damage therefor unless such person acted with actual malice
and without reasonable grounds for believing that the person accused or prosecuted
was guilty of an unlawful act or omission. Any civil suit brought against
any officer, agent or employee of the county, municipality or of any community
as a result of any act required or permitted in the discharge of duties under
this chapter shall be defended by the attorney-at-law of each jurisdiction
and of the state until the final determination of the proceedings therein.
No officer or employee who has an official duty in connection with the
administration and enforcement of this chapter shall be financially interested
in the furnishing of labor, materials or appliances for the construction,
alteration or maintenance of a building or in making the plans or specifications
therefor, unless that person is the owner of such building. No such officer
or employee shall engage in any activity which is inconsistent with the public
interest and the officer's official duties.
The code official shall keep or cause to be kept records concerning
the enforcement of this chapter's provisions, which records shall be open
to public inspection.
Whenever a code official finds that an emergency exists on any premises, or in any structure or part thereof or on any defective equipment which requires immediate action to protect the public's health and safety or that of the occupants thereof, the code official may, with proper notice and service in accordance with §
143-28 of this chapter, issue an order reciting the existence of such an emergency and requiring the vacating of the premises or such action taken as the code official deems necessary to meet such emergency. Notwithstanding other provisions of this chapter, such order shall be effective immediately, and the premises or equipment involved shall be placarded immediately upon service of the order.
There is hereby created a tax lien on real property for moneys expended
by the county, or a community, for razing, demolition, removal or repairs
of buildings or abatement of other unsafe conditions constituting a threat
to the public health and safety where the responsible party refuses or fails
to comply with the lawful order of the code official after due notice thereof,
either actual or constructive. Upon certification of a tax lien to the appropriate
county or community official by the code official, the amount of such lien
shall be recorded and collected in the same manner as other county or community
real estate taxes, and paid to the county or community, when collected, by
the applicable official.
This chapter shall not affect violations of any other ordinance, code
or regulation of the county or municipality existing prior to the effective
date hereof, and any such violation shall be governed and shall continue to
be enforced to the full extent of the law under the provisions of such ordinances,
codes or regulations in effect at the time the violation was committed.
This chapter replaces any and all previous housing code ordinances adopted
by Kent County Levy Court in accordance with the power conferred upon the
Levy Court of Kent County, Delaware in 31 Del. C. § 4107. Each proposed
change to this code must be submitted to the Director of the Delaware State
Housing Authority for review and approval prior to adoption.