Public Nuisance Properties

Effective September 1, 2009, the City of Wilmington's public nuisance properties program takes effect. Legislation passed by City Council on July 9, 2009 establishes a point system to provide for a better accounting of nuisance calls. The new standard offers a fair and equitable system for dealing with properties that denigrate city neighborhoods.

Read the Public Nuisance Properties legislation here.

Download the Public Nuisance Properties fact sheet.

Assessment of Points

Nuisance Offenses

Points are assessed each time the City takes enforcement action against a property by the City. Points are assessed with or without an arrest or conviction; owners, occupants, lessors, lessees, licensees, and mortgages can all be held liable. The number of points assessed depends on the severity of the incident; for example, an offense involving a weapon is assigned eight points, while a sanitation violation is assigned one point. When more than one violation occurs during a single incident, the total points for the incident shall be the highest point value assigned to any single violation.

A building or structure is deemed a nuisance property if 12 or more points are accumulated within a period of six consecutive months or 18 or more points are accumulated within 12 consecutive months. A more detailed explanation of the violations is outlined in the ordinance.

Once a property has accumulated enough points to be deemed a public nuisance, the Commissioner of Licenses & Inspections is authorized to temporarily close the property; suspend or revoke any operating license or permit issued by the City relating to business or trade; and/or issue a criminal summons. Failure to comply with an order issued by the Commissioner is punishable by a fine of up to $1,000 for the first offense, $2,500 for the second offense, and $5,000 for the third and subsequent offenses.

Owners of a nuisance property have the right to appeal an order of closure, suspension, or revocation by filing a written applicant for the Licenses & Inspections Review Board within 10 business days. An appeal shall act as a stay of an order until a decision has been rendered by the Review Board

Assessment of Points

The following violations are assigned a point value of eight (8) points:

1. A violation of the provisions of Title 11, Chapter 5, Subchapter II, Subpart B of the Delaware Code entitled "Acts Causing Death."

2. A violation of the provision of Title 11, Chapter 5, Subchapter VII, subpart E of the Delaware Code entitled "Offenses Involving Deadly Weapons and Dangerous Instruments."

The following violations are assigned a point value of six (6) points:

1. A violation of the provisions of Title 11, Chapter 5, Subchapter II, Subpart A of the Delaware Code entitled "Assaults and Related Offenses."

2. A violation of the provisions of Title 11, Chapter 5, Subchapter II, Subpart D of the Delaware Code entitled "Sexual Offenses."

3. A violation of the provisions of Title 11, Chapter 5, Subchapter III, Subpart D of the Delaware Code entitled "Theft and Related Offenses."

4. A violation of the provisions of Title 11, Chapter 5, Subchapter V, Subpart B of the Delaware Code entitled "Sale and Distribution of Tobacco Products," including a violation of any rules and regulations promulgated by the Division of Alcohol Beverage Control and Tobacco Enforcement.

5. A violation of the provisions of Title 11, Chapter 5, Subchapter VII, Subpart A of the Delaware Code entitled "Riot, Disorderly Conduct and Related Offenses."

6. A violation of the provisions of Title 11, Chapter 5, Subchapter VII, Subpart B of the Delaware Code entitled "Offenses Involving Public                            Indecency."

7. A violation of the provisions of Title 11, Chapter 5, Subchapter VII, Subpart D of the Delaware Code entitled "Offenses Involving Gambling."

8. A violation of Title 4 of the Delaware Code entitled Alcoholic Liquors, including a violation of any rules and regulations promulgated by the Division of Alcohol Beverage Control and Tobacco Enforcement.

9. A violation of the provisions of Title 16, Part IV of the Delaware Code entitled "Uniformed Controlled Substance Act."

The following violations are assigned a point value of four (4) points:

1. A violation of any section of the International Building Code, including any amendments thereto as contained in Chapter 4 of the Wilmington City Code.

2. A violation of any section of Chapter 5, Businesses, of the Wilmington City Code.

3. A violation of Chapter 11, Article III of the Wilmington City Code entitled "Noise Control and Abatement."

4. A violation of any section of Chapter 12, Fire Prevention and Protection, of the Wilmington City Code.

5. A violation of any section of Chapter 34, Housing, of the Wilmington City Code.

6. A violation of any section of Chapter 36, Miscellaneous Offenses and Provisions, of the Wilmington City Code.

7. A violation of any section of Chapter 48, Zoning, of the Wilmington City Code.

8. A violation of any section of the Delaware State Fire Prevention Regulations as adopted by the Wilmington City Code.

9. A violation of the National Fire Protection Association, Life Safety Code, as adopted by the Wilmington City Code.

10. A violation of the provisions of Title 16, Part II entitled "Regulatory Provisions Concerning Public Health."

The following violations are assigned a point value of three (3) points:

1. All sections of Chapter 3, Animals, of the Wilmington City Code.

The following violations are assigned a point value of one (1) point:

1. All sections of Chapter 13, Health and Sanitation, of the Wilmington City Code.