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Home » US Law » 2022 Delaware Code » Title 10 - Courts and Judicial Procedure » Part IV » Special Proceedings » Chapter 71. CRIMINAL NUISANCE ABATEMENT

§ 7126. Penalties.

§ 7126. Penalties. (a) Where the Court after trial finds that a premises is a criminal nuisance, the Court in addition to granting appropriate abatement relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the criminal nuisance. The Court shall order civil penalties in the amount of […]

§ 7127. Settlements.

§ 7127. Settlements. (a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the Court. Any such settlement, once approved by the Court, shall […]

§ 7128. Recovery of costs.

§ 7128. Recovery of costs. (a) Whenever an action for abatement relief or penalties brought pursuant to this chapter terminates in a settlement or judgment favorable to the plaintiff, the plaintiff and any other governmental entity shall be entitled to recover the actual cost of the suit, including but not limited to reasonable attorney fees […]

§ 7129. Contempt.

§ 7129. Contempt. (a) Any person who knowingly violated any order issued pursuant to this chapter shall be subject to civil contempt as well as punishment for criminal contempt under §§ 1271 and 1272 of Title 11. Nothing in this chapter shall be construed in any way to preclude or preempt a criminal prosecution for […]

§ 7130. Cumulative remedies.

§ 7130. Cumulative remedies. The causes of action and remedies authorized by this chapter shall be cumulative with each other and shall be in addition to, not in lieu of, any other causes of action or remedies which may be available at law or equity. Further, nothing herein shall be construed as to limit the […]

§ 7131. Liability for damage to closed properties.

§ 7131. Liability for damage to closed properties. (a) A court-ordered closing of a premises or portion thereof pursuant to this chapter shall not constitute an act of possession, ownership or control by the Court, the plaintiff or any government official or entity responsible for enforcing the court order. (b) Any person or entity bringing, […]

§ 7132. Civil immunity.

§ 7132. Civil immunity. Any person or entity who, in good faith, institutes, participates in, testifies in, or encourages any person or entity to institute, participate in or testify in a civil action brought pursuant to this chapter or who in good faith provides any information relied upon by any person or entity in instituting […]

§ 7133. Civil action for damages resulting from criminal nuisance.

§ 7133. Civil action for damages resulting from criminal nuisance. (a) Notwithstanding the provisions of § 7105 of this title, any person damaged in his or her business or property by reason of a criminal nuisance may bring a separate civil action for actual damages in the Superior Court against any person who knowingly conducted, […]

§ 7134. Presumptions.

§ 7134. Presumptions. (a) The person in whose name the premises involved is recorded in the recorder of deeds office shall be presumed to be the owner thereof. (b) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of the premises involved at the […]