Delaware Code
Chapter 71. CRIMINAL NUISANCE ABATEMENT
§ 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 associated with either illegal drug trade or any of the other nuisances defined herein;
(3) To abate drug nuisances and illegal drug activity as well as the other nuisances defined herein that otherwise reduce property values, injure legitimate businesses and commerce and erode the quality of life for law-abiding persons working or residing in or near these locations;
(4) To ensure that the civil actions and remedies authorized by this chapter be heard by the courts on a priority basis to expeditiously identify and abate all nuisances, particularly those involving illegal drug trade or activity; and
(5) To encourage owners, landlords, operators and managers of buildings, places or premises (hereinafter referred to as “premise”) to take the affirmative steps necessary to prevent violations on their properties involving any of the above nuisances, particularly those involving illegal drug trade or activity.
(b) Any action brought pursuant to this chapter, regardless of the remedy or remedies sought or ordered, is intended to be by the General Assembly and shall be deemed to be an action for abatement of a criminal nuisance.
(c) Any action brought on the basis of a criminal nuisance defined at § 7103(5)b. of this title is intended to abate the criminal nuisance existing on those properties where illegal firearms exist and those who use illegal firearms congregate. It is not intended to interfere with the right to lawful possession or use of firearms by law abiding citizens.

Structure Delaware Code

Delaware Code

Title 10 - Courts and Judicial Procedure

Chapter 71. CRIMINAL NUISANCE ABATEMENT

§ 7101. Short title.

§ 7102. Purpose; construction.

§ 7103. Definitions.

§ 7104. Maintaining a criminal nuisance.

§ 7105. Action to abate criminal nuisance.

§ 7106. Jurisdiction; complaint; notice of lis pendens.

§ 7107. Affirmative defenses.

§ 7108. Notice to interested parties.

§ 7110. Delay and dismissal of actions.

§ 7111. Temporary abatement hearing; order; procedure.

§ 7112. Enforcing ex parte and temporary abatement orders.

§ 7113. Permanent abatement for all criminal nuisance actions; hearing; admissible evidence.

§ 7114. Duty of Attorney General; proceeds of sale in all criminal nuisance actions.

§ 7115. Lease void if building used for criminal nuisance.

§ 7118. Notification and provision of treatment resources.

§ 7119. Premises involving multiple residences or businesses.

§ 7121. Presumption against closure; vacating closure after abatement of nuisance and proof nuisance is not likely to occur.

§ 7122. Standard of proof.

§ 7123. Admissibility of evidence to prove criminal nuisance.

§ 7124. Relationship to criminal proceedings.

§ 7125. Release of premises upon inspection or repair.

§ 7126. Penalties.

§ 7127. Settlements.

§ 7128. Recovery of costs.

§ 7129. Contempt.

§ 7130. Cumulative remedies.

§ 7131. Liability for damage to closed properties.

§ 7132. Civil immunity.

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

§ 7134. Presumptions.