An Act To Amend Title 10 Of The Delaware Code Relating To Nuisance Abatement.
This Act expands the definition of “nuisance” to include illegal gun crimes, criminal gang activity, recurring violent activity and other public nuisances that cause a tangible injury to the surrounding properties and businesses. The Act streamlines and clarifies the procedures, parties and proof requirements within the statute. The Act provides better guidance for the Court to determine whether the health safety or welfare of the community requires an immediate closure of the nuisance property and allows the owner of a property so closed to petition the Court for an expedited schedule for permanent hearing without posting a bond. Finally, the Act changes the civil penalties associated with a nuisance property from the fair market value to a per diem amount to better address the damage inflicted on the community.