Bill Text: DE SB211 | 2015-2016 | 148th General Assembly | Draft

Delaware Senate Bill 211 (Prior Session Legislation)

Draft

Bill Title: An Act To Amend Title 9 And Title 22 Of The Delaware Code Relating To Acknowledgment Of Deed Restrictions In An Application For A Building Or Construction Permit.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2016-03-23 - Stricken [SB211 Detail]

Download: Delaware-2015-SB211-Draft.html

SPONSOR:	Sen. Peterson & Rep. Ramone
	Sen. Ennis; Reps. Baumbach, Gray, Kowalko, Miro, Outten & Potter

DELAWARE STATE SENATE

148th GENERAL ASSEMBLY

SENATE BILL NO. 211

AN ACT TO AMEND TITLE 9 AND TITLE 22 OF THE DELAWARE CODE RELATING TO ACKNOWLEDGMENT OF DEED RESTRICTIONS IN AN APPLICATION FOR A BUILDING OR CONSTRUCTION PERMIT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend §2510, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§2510. Application for permits.

(a) No person shall commence construction of a building or structure, or any electrical system, mechanical system, fuel gas system, plumbing system, building sewer system or similar system, or component thereof, within or about a building and structure, where such construction is regulated by the New Castle County Building Code, without first filing with the Department of Land Use an application in writing for such issuance of the building permit. The Department of Transportation, through the Office of Aeronautics, shall respond to the Department of Land Use regarding any objections to the issuance of a building permit, within 30 days of the Department of Transportation's receipt of such permit for review.

(b) A person applying for a permit under this section must certify all of the following:

(1) That the construction of the building or structure does not violate any deed restriction applicable to the property.

(2) That the person understands that a violation of a deed restriction may result in legal action by a person authorized to enforce the deed restriction and that the person may be liable for the court costs and reasonable attorney fees incurred by the person authorized to enforce the deed restriction.

Section 2. Amend §4402, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§4402. Application for construction permits.

(d) A person applying for a permit under this section must certify all of the following:

(1) That the construction of the building does not violate any deed restriction applicable to the property.

Section 3. Amend §6302, Title 9 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§6302. Application for construction permits.

(h) A person applying for a permit under this section must certify all of the following:

(1) That the construction of the building does not violate any deed restriction applicable to the property.

Section 4. Amend §Chapter 1, Title 22 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

� 116. Application for construction permits.

(a) As used in this section:

(1) "Building" means any structure, building, or edifice or any part of a structure, building, or edifice.

(2) "Construction" means alteration, removal, demolition, addition, repair, or construction of any new or old building.

(b) A person applying for a construction permit in an incorporated municipality must certify all of the following:

(1) That the construction of the building does not violate any deed restriction applicable to the property.

SYNOPSIS

This Act requires a person applying for a building or construction permit to certify that the construction project does not violate any deed restriction applicable to the property and that the person understands a violation of a deed restriction may result in legal action and require the person to be liable for court costs and reasonable attorney fees incurred by the person authorized to enforce the deed restrictions.

Author: Senator Peterson