Chapter 71. Drug Nuisance and Social Vices Abatement

TITLE 10

Courts and Judicial Procedure

Special Proceedings

CHAPTER 71. DRUG NUISANCE AND SOCIAL VICES ABATEMENT

§ 7101. Short title.

This chapter shall be known as and may be cited as the "Delaware Drug Nuisance and Social Vices Abatement Act".

72 Del. Laws, c. 484, § 1.;

§ 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 drug nuisance or illegal drug activity
as defined herein, as well as a variety of nuisances involving social vices such as lewdness, assignation, prostitution and
illegal gambling;

(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 involving social vices cited above;

(3) To abate drug nuisances and illegal drug activity as well as the other nuisances involving social vices cited above 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 nuisance.

72 Del. Laws, c. 484, § 1.;

§ 7103. Definitions.

As used in this chapter, unless the context indicates differently:

(1) "Controlled substance," "manufacture," "distribution," "sale," "trafficking," and "possession with intent to sell or distribute"
shall have the same meaning as those terms are used in Chapter 47 of Title 16.

(2) "Court" means the Superior Court of the State of Delaware.

(3) "Drug distribution event" means the unlawful manufacture, distribution, trafficking, sale or possession with intent to
distribute, sell or deliver a controlled substance, or any act or acts which constitute any felony set forth in Chapter 47
of Title 16, or an unlawful attempt or conspiracy to commit such an act.

(4) "Drug nuisance" means a single building or premises at which:

a. Three or more separate drug distribution events have occurred within the period of 1 year prior to the commencement of
the civil action under this chapter, provided that at least 1 such event formed the basis of a criminal prosecution during
which a finding of probable cause was made by either a neutral magistrate or a Grand Jury; or

b. On 3 or more separate occasions within the period of 6 months prior to the commencement of the civil action under this
chapter, 3 or more persons who did not reside in or upon such site gathered with the intent to unlawfully ingest, inject,
inhale or otherwise use a controlled substance, whether or not any such controlled substance was unlawfully distributed or
purchased at such location, provided that at least 1 of such events formed the basis of a criminal prosecution during which
a finding of probable cause was made by either a neutral magistrate or a Grand Jury; or

c. Any amount of controlled substance has been manufactured, unlawfully stored, warehoused or otherwise kept in at least the
following amounts:

1. Five or more pounds of marijuana;

2. Ten or more grams of cocaine;

3. Fifty or more doses of LSD, or 5 or more milligrams if in liquid form;

4. Two and one-half grams of heroin or any mixture containing heroin; or

5. Any other controlled substance in an amount of 15 grams or more, whether or not 3 or more separate such unlawful acts have
occurred within any prescribed period of time provided that at least 1 of such events described in paragraph (4)c.1., (4)c.2.,
(4)c.3., (4)c.4. or (4)c.5. of this section formed the basis of a criminal prosecution during which a finding of probable
cause was made by either a neutral magistrate or a Grand Jury.

(5) "Illegal drug activity" means trafficking, possession with intent to deliver, the unlawful selling, serving, storing,
giving away or manufacturing (which includes the production, preparation, compounding, conversion, processing, packaging or
repackaging) of any drug, including all narcotic or psycho-active drugs, cannabis, cocaine and all controlled substances as
defined in Chapter 47 of Title 16.

(6) "Landlord" shall have the same meaning as that term is defined in § 5141 of Title 25.

(7) "Neighborhood or community organization" means a group, whether or not incorporated, which consists of persons who reside,
work or worship at or in a building, complex of buildings, street, block or neighborhood, any part of which is located on
or within 1,000/' of the premises alleged to be a nuisance, which has a purpose of benefiting the quality of life in its neighborhood
or community, including treatment programs.

(8) "Nuisance" means that which is defined and declared by statutes to be such and also means any 1 place or building in or
upon which a drug nuisance, drug distribution event, lewdness, assignation, prostitution, illegal gambling or illegal drug
activity is conducted, permitted, continued or exists, and the personal property and contents used in conducting or maintaining
any such place or building for any such purpose. The term "lewdness" includes all manner of lewd sexual conduct or live exhibition
and shall include, but is not limited to, any 1 place or building in or upon which obscene films or plate negatives, film
or plate positives, films designed to projected on a screen for exhibition, films, or glass slides either in negative or positive
form designed for exhibition by projection on a screen are photographed, manufactured, developed, screened, exhibited or otherwise
prepared or shown, and any place or building where obscene books, magazines or articles are the principal part of the stock
in trade.

(9) "Obscene material" is any material that:

a. The average person applying contemporary community standards would find, taken as a whole, appeals to the prurient interest;
and

b. The material depicts or describes:

1. Patently offensive representations or descriptions of ultimate sexual acts, normal or perverted, actual or simulated; or

2. Patently offensive representations or descriptions of masturbation, excretory functions, and/or lewd exhibitions of the
genitals; and

3. The work taken as a whole lacks serious literary, artistic, political or scientific value.

(10) "Owner" means any person in whom is vested the ownership and title of property, and who is the owner of record. "Owner"
shall include any local, city, county, state or federal governmental entity.

(11) "Person" means any individual, corporation, association, partnership, trustee, landlord, lessee, agent, assignee, enterprise,
governmental entity and any other legal entity or group of individuals associated in fact which is capable of holding a legal
or beneficial interest in property.

(12) "Place," "site" or "premises" includes any building, structure, erection, or any separate part or portion thereof, whether
used as a residence, for commercial purposes or a house of worship, or the ground itself.

30 Del. Laws, c. 234, § 1; Code 1935, § 5272; 10 Del. C. 1953, § 7101; 53 Del. Laws, c. 360; 69 Del. Laws, c. 248, §§ 1, 2; 72 Del. Laws, c. 31, §§ 1, 2; 72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, §§ 1-7.;

§ 7104. Maintenance of nuisance or illegal drug activity.

Any person who uses, occupies, establishes, promotes, permits, facilitates, or conducts a nuisance or illegal drug activity
as defined in § 7103 of this title, or aids or abets therein, and the owner, agent or lessee of any interest in any such nuisance,
together with the persons employed in or in control of any such nuisance by any such owner, agent or lessee shall be liable
for maintaining a nuisance and shall be enjoined as provided in this chapter.

30 Del. Laws, c. 234, § 2; Code 1935, § 5273; 10 Del. C. 1953, § 7102; 72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, § 8.;

§ 7105. Action to abate nuisance or illegal drug activity.

Whenever a nuisance or illegal drug activity exists, the Attorney General, or any person as so defined in §§ 7103 and 7107
of this title, may bring an action in abatement in the name of the State, upon the relation of the Attorney General, or such
person, to abate such a nuisance or illegal drug activity, to prohibit the commission of same or drug distribution events,
to close down and physically secure premises or portions thereof which constitute nuisances and to otherwise abate such nuisances
or illegal drug activity and to perpetually prohibit the person maintaining the same from further maintenance thereof as well
as seek and obtain the imposition of civil penalties.

30 Del. Laws, c. 234, § 3; Code 1935, § 5274; 10 Del. C. 1953, § 7103; 72 Del. Laws, c. 484, § 1.;

§ 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 nuisance or illegal
drug activity shall be filed in the office of the Prothonotary of Superior Court, together with a notice of the pendency of
the action, containing the names of the parties, the object of the action, and a brief description of the property affected
thereby. Such notice of lis pendens shall be immediately recorded by the Prothonotary.

30 Del. Laws, c. 234, § 4; Code 1935, § 5275; 10 Del. C. 1953, § 7104; 72 Del. Laws, c. 484, § 1.;

§ 7107. Parties.

(a) A civil action for temporary or permanent abatement relief or for penalties pursuant to this chapter may be brought by:

(1) The municipal or county attorney representing any municipal or county governing body which has jurisdiction over the location
at which the alleged nuisance exists;

(2) The Attorney General;

(3) Any neighborhood or community organization as defined in this chapter;

(4) Any person who resides, worships or works full- or part-time at or in a building, complex of buildings, street, block
or neighborhood, any part of which is located on or in within 1,000 feet of the premises alleged to be a nuisance, or any
person who owns or operates a business premises which is located on or in within 1,000 feet of the premises alleged to be
a nuisance; or

(5) Any landlord, manager or operator of any premises alleged to be a drug nuisance.

(b) A civil action pursuant to this chapter shall be brought against the owner unless said action is brought by an owner or
landlord of the premises alleged to be a nuisance, and may also be brought against any person within the jurisdiction of the
court who is a landlord, tenant, occupant, manager, operator or supervisor of any premises alleged to be a nuisance. However,
in any action initiated against an owner or landlord, 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 nuisance prior to receiving
notice in writing of any party's intent to bring a nuisance abatement action regarding the premises. Examples of actions that
are indicia of attempts to abate alleged nuisances include but are not limited to:

(1) Sending or delivering a notice pursuant to § 5513 of Title 25 that the conduct of the tenant, or their guests or invitees,
breaches a rule or covenant that is material to the rental agreement;

(2) Sending or delivering a termination notice pursuant to § 5513(a) or (b) of Title 25;

(3) Filing an action for summary possession of the rental unit;

(4) Seeking police intervention to have those responsible for the action prosecuted and actively assisting the police in efforts
to prosecute those responsible for the actions or activities being complained of by the complainants.

Further, the court shall have in rem jurisdiction over the premises alleged to be a nuisance, and the complaint initiating
a civil action pursuant to this chapter shall name as a defendant the premises involved, describing it by block, lot number
and street address, or by such other means as are appropriate in the circumstances.

(c) No person or entity shall be required to post any bond or security as a condition of initiating or prosecuting any action
brought pursuant to this chapter.

(d) Any person or entity who upon an oath in writing states the affiant is preparing to initiate an action pursuant to this
chapter may request that the Recorder of Deeds for the county in which the premises are located promptly provide the name
and address of all owners of the premises as reflected upon the current county records, without charge.

(e) The person in whose name the premises involved is recorded in the Recorder of Deeds office shall be presumed to be the
owner thereof.

(f) Whenever there is evidence that a person was the manager, operator, supervisor or was in any other way in charge of the
premises involved at the time of any conduct constituting the nuisance is alleged to have been committed, such evidence shall
be rebuttably presumptive that he or she was an agent or employee of the owner, landlord or lessee of the premises.

72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, § 9.;

§ 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 by leaving a copy of the complaint at the landlord's address as set forth in the lease
or as otherwise provided by landlord with an adult person residing therein, or with an agent or other person in the employ
of the owner or landlord whose responsibility it is to accept such notice. If the owner or landlord is an artificial entity
pursuant to Supreme Court Rule 57, service of the notice or process may be made by leaving a copy thereof at its office or
place of business as set forth in the lease with an agent authorized by appointment or by law to receive service of process.
Where the in personam defendant is a tenant, notice shall also be served by leaving a copy of the complaint at the person's
rental unit or usual place of abode with an adult person residing therein. After filing an affidavit that personal service
cannot be had after due diligence on 1 or more in personam defendants, within 20 days after the filing of the complaint, the
plaintiff may serve a copy of the complaint by registered or certified mail or first class mail as evidenced by a certificate
of mailing postage-prepaid, addressed to the owner or landlord at the owner or landlord's business address as set forth in
the lease or as otherwise provided by the owner or landlord, or if the owner or landlord is an artificial entity, pursuant
to Supreme Court Rule 57, at its office or place of business, or if the defendant is a tenant, to said tenant at the leased
premises. The return receipt of the notice, whether signed, refused or unclaimed, sent by registered or certified mail, or
the certificate of mailing if sent by first class mail, shall be held and considered to be prima facie evidence of the service
of the notice or process. The plaintiff shall also cause a copy of the complaint to be affixed conspicuously to the premises
alleged to be the site of a nuisance. Service shall be deemed completed 5 days after filing with the court proof of such mailing
and an affidavit that a copy of the complaint has been affixed to the premises.

(b) All tenants or residents of any premises which is used in whole or in part as a business, home, residence or dwelling,
other than transient guests of a guest house, hotel, or motel, who may be affected by any order issued pursuant to this chapter
shall be provided such reasonable notice as shall be ordered by the court and shall be afforded opportunity to be heard at
all hearings.

72 Del. Laws, c. 484, § 1.;

§ 7109. Substitution of plaintiff.

When the court determines in its discretion that the plaintiff bringing an action pursuant to this chapter has failed to prosecute
the matter with reasonable diligence, the court may substitute as plaintiff any person or entity that consents thereto, provided
that such person or entity would have been authorized pursuant to this chapter to initiate the action.

72 Del. Laws, c. 484, § 1.;

§ 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 shall not stay the civil proceedings pending the disposition of any related criminal proceeding except for compelling
and extraordinary reasons or except upon the application of the Attorney General for good cause shown.

(c) The court shall not dismiss an action brought pursuant to this chapter for want of prosecution unless the court is clearly
convinced that the interests of justice require such dismissal. In that event and upon such a finding, the dismissal shall
be without prejudice to the right of the plaintiff or any other person or entity authorized to bring an action pursuant to
this chapter to re-institute the action.

72 Del. Laws, c. 484, § 1.;

§ 7111. Issuance of ex parte temporary order to abate nuisance; temporary abatement order; procedure; hearing for nuisance.

(a) Any person or entity authorized to bring a civil action for abatement relief pursuant to this chapter may file a complaint
seeking temporary relief by alleging that the premises constitute a nuisance or drug nuisance. Upon receipt of the complaint,
the court, on application of the plaintiff, may issue an ex parte temporary abatement order prohibiting the defendants and
all other persons from committing or permitting any act or acts of waste to the premises, or to the personal property and
contents thereof, and from knowingly tampering with any evidence likely to be used by any party in any judicial proceeding
until the decision of the court granting or refusing the temporary abatement order thereon. Absent such ex parte relief by
the court, the court shall order a preliminary hearing which shall be held no later than 10 days from the date upon which
service upon all parties was completed, unless otherwise agreed to by the parties. In the event that service cannot be completed
in time to give the owners or tenants the minimum notice required by this subsection, the court may set a new hearing date.

(b) If the court finds (1) that the premises constitute a nuisance or drug nuisance, (2) that at least 30 days prior to the
filing of the complaint seeking temporary abatement relief, the owner or the owner's agent (or tenant, where such is an in
personam defendant) had been notified by certified letter of the nuisance or drug nuisance, and (3) that the public health,
safety or welfare immediately requires a temporary closing order and unless the owner or the owner's agent shows to the satisfaction
of the court that the nuisance or illegal drug activity complained of has been sufficiently abated, or that such person proceeded
forthwith to enforce his or her rights under this chapter as more fully set forth herein, the court shall issue a temporary
abatement order to close the premises involved, the portions appropriate in the circumstances, or any other temporary abatement
remedy requested by the party bringing the action. The order shall direct actions necessary to physically secure the premises,
or appropriate portions thereof, against use for any purpose. The temporary abatement order shall also prohibit the defendant
and all persons from removing or in any manner interfering with the furniture, fixtures and movable or personal property located
on or within the premises constituting the nuisance or drug nuisance. Where a tenant is a defendant, the court may issue a
closing order prohibiting him or her from residing at or having contact with the premises.

(c) If the court finds that the premises constitute a nuisance or drug nuisance but that immediate closing of the premises
is not required pursuant to subsection (b) of this section, the court may abate the nuisance or illegal drug activity by issuing
an order prohibiting the defendants and all other persons from conducting, maintaining, aiding, abetting or permitting events
constituting the nuisance or illegal drug activity, or from otherwise having contact with the premises. Additionally, the
court may issue an order appointing a temporary receiver to manage or operate the premises or order that any defendant take
immediate actions including, but not limited to, the remedies listed in § 7113(e)(7) of this title. A temporary receiver shall
have such powers and duties specifically authorized pursuant to § 7113 of this title.

(d) In determining whether the public health, safety or welfare immediately requires a temporary abatement order, the court
shall consider any relevant evidence presented concerning any attendant circumstances, including but not limited to whether
the alleged nuisance, drug nuisance or illegal drug activity, or drug distribution events or related activities involve the
use or threat of violence at or near the site alleged to be a nuisance or site of illegal drug activity, or whether the alleged
distribution events in any way involve distribution or sale of a controlled substance by or to a juvenile, or whether the
site alleged to be a nuisance or location of illegal drug activity is located within a drug-free zone within the meaning of
§§ 4767 and 4768 of Title 16. Notwithstanding the Delaware Rules of Evidence, any police report concerning the premises, and
any witness statements contained therein, may be admitted into evidence in determining the existence of a nuisance or whether
any form of temporary abatement relief is appropriate.

(e) The abatement order shall be served pursuant to the procedures set forth in § 7108 of this title, and by both such delivery
and posting. The officer serving such abatement order shall forthwith make and return into court an inventory of the personal
property and contents situated in and used in conducting or maintaining the nuisance. The parties may enter into a consent
order in relation to or with respect to temporary abatement relief or permanent abatement relief. Any such order must be
approved by the court. Any violation of such abatement order shall be a contempt of court, and where such order is so posted,
mutilation or removal thereof, while the same remains in force, shall be a contempt of court, provided such posted order contains
thereon or therein a notice to that effect.

(f) A copy of the complaint together with a notice of the time and place of the hearing of the application for a temporary
abatement order shall be served upon the defendants at least 5 days before the hearing. If the hearing be then continued at
the instance of any defendant, the temporary writ as prayed shall be granted as a matter of course.

(g) Each defendant so notified shall serve upon the complainant, or the complainant's attorney, a verified answer on or before
the date fixed in the notice for the hearing and such answer shall be filed with the Prothonotary's Office wherein the cause
is triable, but the Court may allow additional time for so answering, providing such extension of the time shall not prevent
the issuing of the temporary writ as prayed for. The allegations of the answer shall be deemed to be denied without further
pleading.

(h) If upon the hearing the allegations be sustained to the satisfaction of the court, the court shall issue a temporary abatement
order without bond prohibiting the defendants and any other person or persons from continuing the nuisance. When the temporary
abatement order has been granted, it shall be binding on the defendants. Any violation thereof shall be contempt of court,
to be punished as provided in this chapter.

(i) If at the time of granting a temporary abatement order, it further appears that the person owning, in control, or in charge
of the nuisance so abated has received 5 days notice of the hearing, and unless such person shows to the satisfaction of the
court that the nuisance complained of has been abated, or that such person proceeded forthwith to enforce his rights under
this chapter, the court shall forthwith issue an order closing the place against its use for any purpose until the final decision
is rendered on the application for a permanent abatement order. Such order shall also continue in effect for such further
period as the abatement order provided for in the section if already issued, or, if not so issued, shall include such an order
prohibiting for such period the removal or interference with the personal property and contents located thereat or therein
as provided in this section, and such abatement order shall be served and the inventory of such property shall be made and
filed as provided in this section.

(j) The owner or owners of any real or personal property so closed or prohibited, or to be closed or prohibited, may appear
at any time between the filing of the complaint and the hearing on the application for a permanent abatement order, and, upon
payment of all costs incurred and upon the filing of a bond by the owner of the real property with sureties to be approved
by the court in an amount not to exceed 50% of the value of premises alleged to a nuisance, said value to be ascertained by
the court conditioned that such owner or owners will immediately abate the nuisance and prevent the same from being established
or kept until the decision of the court has been rendered on the application for a permanent abatement order, then and in
that case, the court, if satisfied of the good faith of the owner of the real property and of the lack on the part of any
owner of the personal property of any actual knowledge of the use of such personal property as a nuisance, and that, with
reasonable care and diligence, such owner could not have known thereof, shall deliver such real or personal property, or both,
to the respective owners thereof, and cancel or refrain from issuing at the time of the hearing on the application for the
temporary abatement order, as the case may be, any order or orders closing such real property or prohibiting the removal or
interference with such personal property.

(k) The release of any real or personal property under this section shall not release it from any judgment, lien, penalty,
or liability to which it may be subjected by law.

(l) Notwithstanding any provision of this section to the contrary, no person who is a tenant of any premises which is found
by the court to constitute a nuisance or drug nuisance shall be evicted or otherwise removed from said premises pursuant to
an ex parte order if he or she is a tenant of such premises pursuant to a valid lease, nor shall any such person be evicted
or otherwise removed from said premises unless he or she is first provided with reasonable notice of any hearing and an opportunity
to be heard at any such hearing.

30 Del. Laws, c. 234, § 4; Code 1935, § 5275; 10 Del. C. 1953, § 7105; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, §§ 10-15.;

§ 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 shall file with the court an inventory of
the personal property situated in or on the premises closed and shall be allowed to enter the premises to make the inventory.
The inventory shall provide an accurate representation of the personal property subject to such inventory including, but not
limited to, photographing of furniture, fixtures and other personal or movable property.

(c) The officers serving an ex parte closing order shall, upon service of the order, demand all persons present in the premises
closed, to vacate such premises or portion thereof forthwith unless the court orders otherwise. The premises or portion thereof
shall be securely locked and all keys shall be held by the agency closing the premises.

(d) Upon service of an ex parte closing order or a temporary abatement order, the officer shall post a copy thereof in a conspicuous
place or upon 1 or more of the principal doors at entrances of the premises. In addition, where an ex parte closing order
has been granted, the officers shall affix, in a conspicuous place or upon one or more of the principal entrances of such
premises, a printed notice that the entire premises or portion thereof have been closed by court order, which notice shall
contain a legend "Closed by Court Order" in block lettering of sufficient size to be observed by anyone intending or likely
to enter the premises. The printed notice shall also include the date of the order, the court which issued the order and the
name of the office or agency posting the notice. In addition, where a temporary abatement order has been granted, the officer
shall affix, in the same manner, a notice similar to the notice provided for in relation to an ex parte closing order except
that the notice shall state that certain activity is prohibited by court order and that removal of furniture, fixtures or
other personal or movable property is prohibited by court order.

(e) Any person who knowingly or purposely violates any ex parte closing order or temporary abatement order issued pursuant
to this chapter shall be subject to civil contempt as well as punishment for criminal contempt pursuant to §§ 1271-1272 of
Title 11 and § 7129 of this title.

72 Del. Laws, c. 484, § 1.;

§ 7113. Permanent abatement for all 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 any person under
the criminal laws against illegal drug activity, prostitution, lewdness, illegal gambling or assignation at any such place,
shall be admissible for the purpose of proving the existence of the nuisance, and shall be prima facie evidence of such nuisance
and of knowledge of and of acquiescence and participation therein on the part of the person charged with maintaining the nuisance
as defined in this chapter.

(c) If the complaint is filed by a person who is a citizen of the county, or has an office therein, it shall not be dismissed
except upon a sworn statement by the plaintiff and the plaintiff's attorney, setting forth the reasons why the action should
be dismissed and the dismissal approved by the Attorney General in writing, or before the court. If the court is of the opinion
that the action ought not to be dismissed, it may direct the Attorney General to prosecute the action to judgment at the expense
of the county, and if the action is continued more than 4 months, any person who is a citizen of the county or has an office
therein, or the Attorney General, may be substituted for the plaintiff and prosecute the action to judgment.

(d) If the action is brought by a person who is a citizen of the county, or has an office therein, and the court finds that
there were no reasonable grounds or cause for the action, the costs may be taxed to such person.

(e) If the existence of the nuisance is established upon the trial, the court shall grant permanent abatement relief which
perpetually prohibits the defendants and any other person from further maintaining the nuisance at the place complained of,
and the defendants from maintaining such nuisance elsewhere within the State and shall issue such other orders as are necessary
to abate the nuisance and to prevent to the extent reasonably possible the recurrence of the nuisance. The court's order may
include, but need not be limited to all of the following:

(1) Directing the sheriff or other appropriate agency to seize and remove from the premises all material, equipment and instrumentalities
used in the creation and maintenance of drug nuisance, and directing the sheriff to sell the property in the manner provided
for the sale of property under execution in accordance with the general rules of civil procedure. The net proceeds of any
such sale, after the deduction of all lawful expenses involved, shall be paid pursuant to § 7114 of this title.

(2) Authorizing the plaintiffs, subsequent to an order granting plaintiffs the right to seize the property in question, to
make repairs, renovations and construction and structural alterations or to take such other actions necessary to bring the
premises into compliance with all applicable housing, fire, zoning, health and safety codes, ordinances, rules, regulations
or statutes. Such repairs, renovations or construction shall only be undertaken after the appropriate regulatory agency has
first inspected the property in question, determined that code, ordinance or statutory violations exist and has reported same
to the court. If no order of seizure is granted and the owner or owners of the property remain in possession, the court may
order said owner or owners to make the appropriate repairs as set forth herein following the inspection and determination
of violations by the appropriate regulatory agency. Expenditures by the plaintiffs pursuant to this paragraph may be filed
as a lien against the property.

(3) Directing the closing of the premises, or appropriate portion thereof, to the extent necessary to abate the nuisance,
and directing the officer or agency enforcing the closure order to post a copy of the judgment and a printed notice of such
closing order conforming to the requirements of § 7111 of this title. The closing directed by the judgment shall be for such
a period of time as the court may direct but, subject to the provisions of § 7121 of this title, shall not be for a period
of more than 1 year from the posting of the judgment provided for in this subsection.

(4) Suspending or revoking any business, operational or liquor license.

(5) Suspending or revoking any lease.

(6) Ordering the suspension of any state, city or local governmental subsidies payable to the owners of the property, such
as tenant assistance payments to landlords, until the nuisance is satisfactorily abated.

(7) Appointing a temporary receiver to manage or operate the premises for such a time as the court deems necessary to abate
the nuisance. A receiver appointed pursuant to this section shall have such powers and duties as the court shall direct, including
but not limited to:

a. Collecting, holding and dispersing the proceeds of all rents from all tenants;

b. Leasing or renting portions of the premises involved;

c. Making or authorizing other persons to make necessary repairs or to maintain the property;

d. Hiring security or other personnel necessary for the safe and proper operation of the premises;

e. Retaining counsel to prosecute or defend suits arising from his or her management of the premises;

f. Bringing actions for summary possession of any premises; and

g. Expending funds from the collected rents in furtherance of the foregoing powers.

(8) A receiver appointed by the court pursuant to this section or § 7111 of this title shall upon entering upon his or her
duties be sworn and shall affirm faithfully and fairly to discharge the trust committed to him or her. In addition, the receiver
may be required to post a bond in an amount to be fixed by the court making the appointment, to ensure that such receiver
will faithfully discharge his or her duties.

(9) If the existence of a nuisance as defined in this chapter is admitted or established in an action under this chapter,
the court may, in addition to the aforementioned remedies or sanctions, order the removal from the place of the nuisance all
personal property and contents used in conducting the nuisance and not already released under authority of the court as provided
in § 7111 of this title, and shall further direct the sale of such thereof as belong to the defendants notified or appearing,
in the manner provided for the sale of chattels under execution.

Such order shall also require the renewal for 1 year of any bond furnished by the owner of the real property as provided in
§ 7111 of this title or, if not so furnished, shall continue for 1 year any closing order issued at the time of granting the
temporary abatement order or, if no such closing order was then issued, may include an order directing the effectual closing
of the place against its use for any purpose, and so keeping it closed for a period of 1 year unless sooner released.

(f) The owner of any place so closed and not released under bond as provided in § 7111 of this title and this section may
now appear and obtain such release in the manner and upon fulfilling the requirements as provided in such sections. The release
of the property under this section shall not release it from any judgment, lien, penalty or liability to which it may be subject
to law.

(g) Owners of unsold personal property and contents so seized must appear and claim same within 10 days after such order of
abatement is made. The burden shall be on the owner to show, to the satisfaction of the court, lack of any knowledge of the
use thereof, and that with reasonable care and diligence they could not have known thereof. Every defendant in the action
shall be presumed to have had knowledge of the general reputation of the place. If such innocence be so established, such
unsold personal property and contents shall be delivered to the owner; otherwise it shall be sold as provided in this chapter.

(h) If any person breaks and enters, or uses a place so directed to be closed, he or she shall be punished as for contempt
as provided in this chapter.

(i) For removing and selling the personal property and contents, the officer shall be entitled to charge and receive the same
fees as he or she would for levying upon and selling like property on execution, and for closing the place and keeping it
closed, a reasonable sum shall be allowed by the court.

(j) Imposing any or all of the foregoing remedies in combination with each other.

30 Del. Laws, c. 234, § 5; Code 1935, § 5276; 10 Del. C. 1953, § 7106; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 484, § 1.;

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

(a) In case the existence of facts, circumstances and/or conditions that would constitute any 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 this chapter, and the finding of the defendant guilty in such criminal proceedings, unless reversed or set
aside, shall be conclusive as against such defendant as to the existence of the nuisance.

(b) All moneys collected under this chapter, including but not limited to proceeds of the sale of personal property, as provided
in § 7113 of this title, shall first be applied in payment of the costs of the action and abatement and then in payment of
reasonable attorney fees. In the event the action is brought by the Attorney General, all moneys collected in excess of costs
and reasonable attorney fees shall be paid to the Special Law Enforcement Assistance Fund, as established in §§ 4110-4116
of Title 11. In actions brought under this chapter by a county or municipality, all moneys collected in excess of costs and
reasonable counsel fees shall be paid to said county or municipality. In all actions brought under this chapter by a person
or persons other than noted above, all moneys collected in excess of costs, reasonable attorney fees and damage awards shall
be paid to the Special Law Enforcement Assistance Fund.

30 Del. Laws, c. 234, § 7; Code 1935, § 5278; 10 Del. C. 1953, § 7108; 72 Del. Laws, c. 484, § 1.;

§ 7115. Lease void if building used for 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 the purpose of illegal
drug activity, a drug nuisance, lewdness, assignation, illegal gambling or prostitution, such use makes void the lease or
other title under which the tenant or occupant holds, at the option of the owner, and, without any act of the owner, causes
the right of possession to revert to vest in such owner.

59 Del. Laws, c. 257, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 484, § 1.;

§ 7116. Civil penalty.

Obscene matter is contraband and there are no property rights therein. All monetary consideration received in exchange therefore,
or as admission price to exhibitions thereof, and the subject matter itself, are the subject of forfeiture in the manner and
under the terms set forth in § 7114 of this title and are recoverable as damages in the county wherein such matter is sold
or exhibited.

59 Del. Laws, c. 257, § 1; 72 Del. Laws, c. 484, § 1.;

§ 7117. Immunity.

The provisions of any criminal statutes with respect to the exhibition of, or the possession with the intent to exhibit, any
obscene film shall not apply to a motion picture projectionist, usher or ticket taker acting within the scope of employment,
provided that such projectionist, usher or ticket taker has no financial interest in the place wherein so employed. Such person
shall be required to give testimony regarding such employment in all judicial proceedings brought under this chapter when
granted immunity by the court. The procedure for determining granting of immunity shall be the same procedure used by the
Superior Court in criminal actions pursuant to § 3506 of Title 11.

59 Del. Laws, c. 257, § 1; 70 Del. Laws, c. 186, § 1; 72 Del. Laws, c. 484, § 1.;

§ 7118. Notification and provision of treatment resources.

(a) The officers serving an ex parte closing order as provided in § 7111 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 orders the removal of any person from any dwelling pursuant to this chapter, the court
shall cause notice to be provided to the local alcohol and drug agency, the Division of Family Services, and other appropriate
social services agencies.

(c) A 1-page summary of such information and materials shall be posted next to any ex parte closing order or temporary abatement
order posted in accordance with § 7112 of this title.

(d) The State Division of Substance Abuse and Mental Health or its designee shall prepare all materials described in subsections
(a) and (b) of this section, and shall disseminate them to all which are empowered to enforce closing orders under this chapter.

72 Del. Laws, c. 484, § 1; 73 Del. Laws, c. 41, § 1.;

§ 7119. Premises involving multiple residences or businesses.

(a) Where the premises constituting the 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 the nuisance and prevent the recurrence of drug distribution events.

(b) In addition to any other relief expressly authorized by this chapter, the court may order a defendant who actually knew
or, based on information provided to said defendant, had reason to know of, the nuisance, to provide relocation assistance
to any tenant ordered to vacate a premises pursuant to this chapter, provided that the court determines that such tenant was
not involved in the nuisance or any drug distribution event constituting the nuisance and did not knowingly aid in the commission
of any such drug distribution event. Relocation assistance shall be in the amount necessary to cover moving costs, security
deposits for utilities and comparable housing, any lost rent, and any other reasonable expenses the court may deem fair and
reasonable as a result of the court's order to close a premises or any portion thereof pursuant to this chapter.

72 Del. Laws, c. 484, § 1.;

§ 7120. Defense application to vacate or modify closing order prior to trial.

(a) The court, upon application of a defendant, may, at any time before trial, vacate or modify a closing order, after notice
to the person or entity bringing the action pursuant to this chapter, where the defendant, by a preponderance of the evidence,
shows that he or she was not in any way involved in the commission of the nuisance or any drug distribution event constituting
the nuisance, and where he or she further:

(1) Provides payment of all costs, and further, provides a bond with sureties to be approved by the court in the full value
of the premises or portion thereof subject to the closure order as ascertained by the court and the court determines that
the public safety or welfare will be adequately protected thereby; or

(2) Submits clear and convincing proof to the court that the nuisance has been satisfactorily abated and will not recur. In
determining whether the nuisance has been satisfactorily abated and will not recur, the court shall consider the nature, severity
and duration of the nuisance and all other relevant factors, including but not limited to the following:

a. Whether the defendant through the exercise of reasonable diligence should have known that the nuisance or drug nuisance
events were occurring on the premises, and whether the defendant took steps necessary and appropriate in the circumstances
to prevent the commission of such events;

b. Whether the defendant has in good faith initiated and litigated eviction or removal actions pursuant to either this chapter
or a summary possession action pursuant to Chapter 57 of Title 25 against tenants or other persons who committed the nuisance
or drug distribution events on the premises involved, immediately upon learning of a factual basis for initiating such eviction
or removal action;

c. Whether the defendant has developed an abatement plan which has been agreed to by the person or entity bringing the action
pursuant to this chapter and has been approved by the court. Such abatement plan may provide for:

1. Hiring an on-site manager to prevent the recurrence of the nuisance or drug distribution events;

2. Making capital improvements to the property, such as security gates;

3. Installing improved interior or exterior lighting;

4. Employing security guards;

5. Installing electronic security or visual monitoring systems;

6. Establishing tenant-approved security procedures;

7. Attending property management training programs;

8. Making cosmetic improvements to the property;

9. Providing, at no cost, suitable space and facilities for a local enforcement agency to establish a police substation on
or near the site of the nuisance; or

10. Establishing any other program or initiative designed to enhance security and prevent the recurrence of the nuisance or
drug distribution events on or near the premises involved.

(b) Where the court accepts a bond pursuant to subsection (a) of this section, and conduct constituting a nuisance recurs,
the bond shall be forfeited unless the court finds compelling and extraordinary reasons why such forfeiture would not be in
the interests of justice. Any moneys forfeited pursuant to this section shall be paid in the manner set forth in § 7114 of
this title.

72 Del. Laws, c. 484, § 1.;

§ 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 such closure shall be granted unless,
in the totality of the circumstances, no less onerous penalty is likely to provide for the abatement of the nuisance. Further,
no order of closure shall occur if the court is clearly convinced that any vacancy resulting from the closure would exacerbate
rather than abate the nuisance or would otherwise be extraordinarily harmful to the community or the public interest. In determining
whether closure is the least onerous penalty, the court shall consider:

(1) Whether any previously agreed upon abatement plan, consent order, or other steps taken by a defendant have abated the
nuisance;

(2) The duration that any nuisance has existed on the premises and whether any court has previously found the existence of
a nuisance on the premises;

(3) The severity of the nuisance;

(4) Whether the defendant has the ability to control the conduct on the premises or the ability to abate the nuisance;

(5) The impact of the continuation of the nuisance upon any neighborhood or community organization; and

(6) The position of any community or civic association which represents the communities in which the premises are located.

(b) The court at any time after trial may vacate the provisions of the judgment that direct the closing of the premises or
any portion thereof provided that the defendant submits clear and convincing proof to the court that the nuisance has been
satisfactorily abated and is not likely to recur. In determining whether the nuisance has been satisfactorily abated and is
not likely to recur, the court shall consider the nature, severity and duration of the nuisance and all other relevant factors,
including but not limited to those factors set forth in § 7113 of this title.

72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, § 17.;

§ 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 nuisance.

(a) In any action involving any nuisance, evidence of the general reputation of the place or an admission or finding of guilty
of any person under the criminal laws against illegal drug activity, a drug nuisance, prostitution, lewdness, illegal gambling
or assignation at any such place is admissible for the purpose of proving the existence of said nuisance and is prima facie
evidence of such nuisance and of knowledge of and of acquiescence and participation therein on the part of the person charged
with maintaining said nuisance.

(b) In any action brought pursuant to this chapter, any evidence of any prior efforts or lack of efforts by the defendant
to abate the nuisance shall be admissible, and shall be considered by the court in its decision as to what, if any, remedies
or penalties shall be imposed.

(c) Where a criminal prosecution or juvenile delinquency proceeding, including those involving a drug distribution event constituting
the drug nuisance, results in a criminal conviction or adjudication of delinquency, such conviction or adjudication shall
create a rebuttable presumption that the nuisance or drug distribution event occurred. Any evidence or testimony admitted
in the criminal or juvenile proceedings, including transcripts or a court reporter's notes of the transcripts of the adult
or juvenile criminal proceedings, whether or not they have been transcribed, may be admitted in the civil action brought pursuant
to this chapter.

(d) In the event that the evidence or records of a criminal proceeding which did not result in a conviction or adjudication
of delinquency have been sealed in accordance with § 10002(g) of Title 29, § 4322(a) of Title 11, and §§ 1001-1002 and 1063
of this title, the court, in a civil action brought pursuant to this chapter may, notwithstanding any other provision of this
chapter, order such evidence or records to be unsealed if the court finds that such evidence or records would be relevant
to the fair disposition of the civil action.

(e) If proof of the existence of the nuisance depends, in whole or in part, upon the affidavits or testimony of witnesses
who are not peace officers, the court may upon a showing of prior threats of violence or acts of violence by any defendant
or any other person, issue orders to protect those witnesses including, but not limited to, the nondisclosure of the name,
address or any other information which may identify those witnesses.

(f) A law enforcement agency may make available to any person or entity seeking to secure compliance with this chapter any
police report, or edited portion thereof, or forensic laboratory report, or edited portion thereof, concerning the alleged
nuisance or any alleged drug distribution events committed on or within the premises involved. A law enforcement agency may
also make any officer or officers available to testify as a fact or expert witness in a civil action brought pursuant to this
chapter. The agency shall not disclose such information where, in the agency's opinion, such disclosure would jeopardize an
investigation, prosecution or other proceeding, or where such disclosure would violate any federal or state statute.

72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, § 19.;

§ 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 nuisance,
notwithstanding that an event or events used to establish the existence of the nuisance have not resulted in an arrest, prosecution,
conviction or adjudication of delinquency.

72 Del. Laws, c. 484, § 1.;

§ 7125. Release of premises upon inspection or repair.

(a) Subject to the provision of § 7120 of this title and 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 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.

72 Del. Laws, c. 484, § 1.;

§ 7126. Penalties.

(a) Where the court after trial finds that a premises is a nuisance, the court in addition to granting appropriate abatement
relief shall impose a civil penalty against a defendant who knowingly conducted, maintained, aided, abetted or permitted the
nuisance. The penalty shall be $25,000 or the market value of the entire premises involved, whichever is greater, unless the
court finds, based on the evidence, that imposition of such penalty would constitute a miscarriage of justice under the totality
of the circumstances. In such case, it may lower the penalty amount to the extent necessary to avoid such miscarriage of justice.

(b) For the purpose of imposing a civil penalty pursuant to this section, the following shall be prima facie evidence that
the defendant knowingly permitted the nuisance:

(1) The defendant failed to initiate an eviction action pursuant to the provisions of this chapter or a summary possession
action pursuant to Chapter 57 of Title 25 or against a tenant after being notified by certified or registered mail of the
facts pertaining to the tenant's alleged illegal activities constituting a nuisance, including but not limited to drug activities,
involvement with a drug nuisance or drug distribution events committed on the leased premises which would in turn cause a
reasonable person to believe the allegations are likely to be true; or

(2) A closure order was vacated under § 7121 of this title within 2 years before the occurrence of the instant nuisance; or

(3) The defendant furthered, conspired as to, or participated in the commission of a crime on the premises.

(c) The court at any time shall waive, suspend or revoke any unpaid civil penalty imposed pursuant to this section where it
is satisfied that:

(1) The defendant against whom the penalty has been imposed has not violated any order issued pursuant to any provision of
this chapter; and

(2) The defendant has transferred title to the plaintiff, a government agency or any other neighborhood or community organization
approved by the court, provided that the recipient is a nonprofit incorporated organization or association which is exempt
from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to rehabilitate, restore,
maintain, manage or operate any commercial or residential premises. Unless otherwise agreed to by the recipient organization,
the defendant shall personally retain all state and local tax liability and the obligation shall attach to any other real
property in the county owned by the defendant.

72 Del. Laws, c. 484, § 1; 76 Del. Laws, c. 158, §§ 20, 21.;

§ 7127. Settlements.

(a) Nothing in this chapter shall be construed in any way to prevent the parties to the action at any time before or after
trial from negotiating and agreeing to a fair settlement of the dispute, subject to the approval of the court. Any such settlement,
once approved by the court, shall be entered as an order of the court. Any violation of such an order by the defendant shall
be punishable as contempt as provided in this chapter.

(b) The court, on application of a plaintiff may vacate a closing order issued pursuant to this chapter where the defendant
has transferred title to the premises to the plaintiff, a government agency or any other neighborhood or community organization
approved by the court, provided that the recipient is a nonprofit incorporated organization or association which is exempt
from taxation under 26 U.S.C. § 501(c) and which is authorized by its corporate charter or bylaws to reh