(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 under § 7126 of this title.
(b) Any other person, as defined in § 7103 of this title, may bring an action to abate a criminal nuisance under this title on behalf of the Attorney General in the name of the State, provided the person serves the State Solicitor with a copy of the complaint within 5 days of filing. The Attorney General may elect to intervene and proceed with the action after it receives a copy of the complaint. If the Attorney General reviews the complaint and determines that there is insufficient evidence to support the claim, the Attorney General may dismiss the complaint.
Structure Delaware Code
Title 10 - Courts and Judicial Procedure
Chapter 71. CRIMINAL NUISANCE ABATEMENT
§ 7102. Purpose; construction.
§ 7104. Maintaining a criminal nuisance.
§ 7105. Action to abate criminal nuisance.
§ 7106. Jurisdiction; complaint; notice of lis pendens.
§ 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.
§ 7123. Admissibility of evidence to prove criminal nuisance.
§ 7124. Relationship to criminal proceedings.
§ 7125. Release of premises upon inspection or repair.
§ 7131. Liability for damage to closed properties.
§ 7133. Civil action for damages resulting from criminal nuisance.