Delaware Code
Chapter 71. CRIMINAL NUISANCE ABATEMENT
§ 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 in compliance with applicable local or state housing, building, fire, zoning, health and safety codes, ordinances, rules, regulations or statutes. Where the inspection reveals violations of any such code, ordinance, rule, regulation or statute, the Court shall issue such orders or grant such relief as may be necessary to bring the premises or portion thereof into compliance. In that event, the Court may order the premises or portion thereof to remain closed pending such necessary repairs or modification, notwithstanding that the order of closure may exceed the 1-year time limit prescribed in § 7113 of this title.
(b) The Court may authorize any person or government official to enter a premises or portion thereof closed pursuant to this chapter for the purpose of conducting an inspection or making any repairs or modifications necessary to abate the criminal nuisance or to bring the premises or portion thereof into compliance with any applicable housing, building, fire, zoning, health or safety code, ordinance, rule, regulation or statute.

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.