Delaware Code Title 31. Welfare § 4127. Condemnation

(a) In general.--When a structure is found by the code official to be unsafe, or when a structure or part thereof is found unfit for human occupancy or use, it may be condemned pursuant to this chapter and may be placarded and vacated.  Such condemned structure shall not be reoccupied without approval of the code official, but such approval may not be withheld upon completion of specified corrections of violations.

(b) Unsafe structure.--An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or the structure's occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation that it is likely to partially or completely collapse.

(c) Unsafe equipment.--Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure.  Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.

(d) Structure unfit for human occupancy.--A structure is unfit for human occupancy or use whenever the code official finds that it is unsafe or, because it lacks maintenance and is in extreme disrepair, is unsanitary, vermin- or rat-infested, contains filth and contamination or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this chapter.

(e) Closing of vacant structures.--If the structure or part thereof is vacant and unfit for human habitation, occupancy or use, and is not in danger of structural collapse, the code official may post a placard of condemnation on the premises and may order the structure closed up so it will not be an attractive nuisance to youngsters.  Upon failure of the owner to close up the premises within the time specified in the order, the code official shall cause it to be closed through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate in accordance with § 4134 of this title.