§ 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 […]
§ 7118. Notification and provision of treatment resources.
§ 7118. Notification and provision of treatment resources. (a) The officers serving a closing order involving a criminal nuisance as defined in § 7103(5)(a) of this title shall provide outreach information and referral materials to all residents present on how to obtain alcohol and other drug treatment. (b) In any case in which the Court […]
§ 7119. Premises involving multiple residences or businesses.
§ 7119. Premises involving multiple residences or businesses. (a) Where the premises constituting the criminal nuisance includes multiple residences, dwellings or business establishments, a temporary or permanent closing order issued pursuant to any provision of this chapter shall, so far as is practicable, be limited to that portion of the entire premises necessary to abate […]
§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.
§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur. (a) Where the Court after trial determines that a premises or appropriate portion or portions thereof pursuant to § 7111 of this title constitutes a nuisance, the Court shall order the closure of the premises. No […]
§ 7122. Standard of proof.
§ 7122. Standard of proof. Except as may otherwise be expressly provided, the civil causes of action established in this chapter shall be proved by a preponderance of the evidence. 72 Del. Laws, c. 484, § 1;
§ 7123. Admissibility of evidence to prove criminal nuisance.
§ 7123. Admissibility of evidence to prove criminal nuisance. (a) In any action involving any criminal nuisance, evidence of the general reputation of the place or an admission or finding of guilty of any person under the criminal laws at any such place is admissible for the purpose of proving the existence of said criminal […]
§ 7124. Relationship to criminal proceedings.
§ 7124. Relationship to criminal proceedings. A civil action may be brought and maintained pursuant to this chapter, and the Court may find the existence of a criminal nuisance, notwithstanding that an event or events used to establish the existence of the criminal nuisance have not resulted in an arrest, prosecution, conviction or adjudication of […]
§ 7125. Release of premises upon inspection or repair.
§ 7125. Release of premises upon inspection or repair. (a) Unless the Court expressly orders otherwise, no premises or portion thereof ordered to be closed pursuant to any provision of this chapter shall be released or opened unless it has been inspected by the appropriate license and inspection authority or agency and found to be […]
§ 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 […]
§ 7107. Affirmative defenses.
§ 7107. Affirmative defenses. It shall be an affirmative defense for the owner or landlord to establish, by a preponderance of the evidence, that said owner or landlord attempted to abate the alleged criminal nuisance prior to receiving notice in writing of the State’s intent to bring a criminal nuisance abatement action regarding the premises. […]