§ 7106. Jurisdiction; complaint; notice of lis pendens.
§ 7106. Jurisdiction; complaint; notice of lis pendens. (a) Any action under this chapter shall be brought in the Superior Court of the county in which the property is located. (b) At or before the commencement of the action a verified complaint alleging the facts constituting the criminal nuisance shall be filed in the office […]
§ 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. […]
§ 7108. Notice to interested parties.
§ 7108. Notice to interested parties. (a) A complaint initiating an action pursuant to this chapter shall be personally served and notice to all in personam defendants shall be provided in the same manner as serving complaints in civil actions. Where the in personam defendant is an owner or landlord, notice shall also be served […]
§ 7110. Delay and dismissal of actions.
§ 7110. Delay and dismissal of actions. (a) All actions brought pursuant to this chapter shall be heard by the Court on an expedited and priority basis. The Court shall not grant a continuance except for compelling and extraordinary reasons, or upon the application of the Attorney General for good cause shown. (b) The Court […]
§ 7111. Temporary abatement hearing; order; procedure.
§ 7111. Temporary abatement hearing; order; procedure. (a) To bring a civil action for abatement relief pursuant to this chapter, the Office of the Attorney General, or any other person authorized, may file a complaint seeking temporary relief by alleging that the premises constitute a criminal nuisance which adversely impacts the community. Upon receipt of […]
§ 7112. Enforcing ex parte and temporary abatement orders.
§ 7112. Enforcing ex parte and temporary abatement orders. (a) Upon order of the Court, ex parte closing orders and temporary abatement orders shall be enforced by the appropriate police agency having jurisdiction over the area where the premises are located. (b) The officers serving an ex parte closing order or a temporary abatement order […]
§ 7101. Short title.
§ 7101. Short title. This chapter shall be known as and may be cited as the “Criminal Nuisance Abatement Act”. 72 Del. Laws, c. 484, § 1; 78 Del. Laws, c. 161, § 2;
§ 7102. Purpose; construction.
§ 7102. Purpose; construction. (a) This chapter shall be liberally construed and applied so as to promote its underlying purposes, which are: (1) To authorize temporary and permanent abatement relief and other remedies to abate any criminal nuisance as defined herein; (2) To eliminate locations that otherwise attract criminals, violence and the threat of violence […]
§ 7104. Maintaining a criminal nuisance.
§ 7104. Maintaining a criminal nuisance. Any person, including but not limited to any owner, agent, employee or lessee, who uses occupies, establishes, promotes, permits, facilitates, or conducts a criminal nuisance, or aids or abets therein, shall be liable for maintaining a criminal nuisance and shall be enjoined as provided in this chapter. 30 Del. […]