9 Del. C. § 2511: Use and maintenance of building or structure erected in violation of code.

(a) No person shall maintain, occupy or use a building or structure or part thereof that has been constructed in violation of this chapter or of any of the provisions, rules or regulations delineated in the New Castle County Building Code as adopted by the County Council of New Castle County pursuant to the purpose of this chapter or constructed in violation of any permit, certificate, detailed statement or plan accepted or approved by the Department or in violation of any order of the Department.

(b) A person who has constructed or is maintaining such a building or structure or constructed a mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, shall remove the building, structure or system or cause the same to be removed. If such person fails to do so, the Department of Land Use may remove such unlawful building, structure or system or cause the same to be removed or altered to comply with the law. Whatever expense shall be incurred in relation thereto shall be paid by the Office of Finance out of the moneys in the Treasury; and the owner or owners shall be jointly and severally liable to New Castle County for the full amount so expended. New Castle County may maintain an action at law against such owner or owners to recover the sums of moneys so expended, plus lawful interest and costs.