§ 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. […]
§ 7105. Action to abate criminal nuisance.
§ 7105. Action to abate criminal nuisance. (a) Whenever a criminal nuisance exists and it adversely impacts the community, the Attorney General may bring an action to abate a criminal nuisance under this title to obtain temporary and permanent abatement relief under §§ 7111 and 7113 of this title and to seek civil penalties provided […]
§ 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 […]
§ 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence.
§ 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence. (a) An action, when brought under this chapter, shall be noticed for trial at a time to be fixed by the Superior Court. (b) In the action evidence of the general reputation of the place, or an admission, or finding of guilt of […]
§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.
§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions. (a) In case the existence of facts, circumstances and/or conditions that would constitute any criminal nuisance is established in a criminal proceeding in any court of competent jurisdiction, the Attorney General shall proceed promptly to enforce the provisions and penalties of […]
§ 7115. Lease void if building used for criminal nuisance.
§ 7115. Lease void if building used for criminal nuisance. Notwithstanding any law, rule or regulation to the contrary, if a tenant or occupant of a building or tenement, under a lawful title, is found after a hearing at which the tenant or occupant has appeared to have used such place for a criminal nuisance-related […]
§ 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 […]