10 Del. C. ch. 71 (partial) § 7103

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

(1) “Adverse impact” means the presence of 1 or more of the following conditions:

a. Diminished real property value related to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances in or near the property;

b. Increased fear of residents to walk through or in public areas, including sidewalks, streets, and parks, due to the presence of nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

c. Increased volume of vehicular and pedestrian traffic to and from the property that is related to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

d. An increase in the number of police calls to the property that are related to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

e. Bothersome solicitations or approaches by persons wishing to engage in prostitution or to sell controlled substances or drug paraphernalia on or near the property;

f. The presence, use, or display or discharge of illegal firearms or projectile weapons at or near the property;

g. Investigative purchases of controlled substances or drug paraphernalia, or investigative actions relating to prostitution by undercover law-enforcement officers at or near the property;

h. Arrests of persons on or near the property for criminal conduct relating to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

i. Search warrants served or executed at the property relating to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

j. A substantial number of complaints made to law-enforcement and other government officials regarding nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

k. Increased number of housing or health code violations relating to nuisances associated with drug activity, illegal firearms or projectile weapons, criminal gangs, violent felonies, prostitution, and other public nuisances;

l. Any other impact the Court deems to be relevant and consistent with safeguarding the public health, safety, and welfare of the community.

(2) “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.

(3) “Court” means the Superior Court of the State of Delaware.

(4) “Criminal gangs” means any criminal street gangs or youth gangs as defined in §§ 616-617 of Title 11. “Pattern of criminal gang activity” shall have the same meaning as defined in § 616(a)(2) of Title 11.

(5) “Criminal nuisance” means any real property at which:

a. An illegal drug event has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

b. The illegal use, manufacture, causing to be manufactured, importation, possession, possession for sale, sale, furnishing, storing or delivery of ammunition, firearms, or projectile weapons has occurred, or any act or acts which constitute any felony set forth in subpart E of subchapter VII of Chapter 5 of Title 11 or an unlawful attempt or conspiracy to commit such an act; or

c. Prostitution is promoted, facilitated or permitted in violation of §§ 1342-1344 and 1351-1356 of Title 11; or

d. Criminal gangs are engaging in a pattern of criminal gang activity; or

e. An act that would constitute a violent felony, as defined by § 4201(c) of Title 11, has occurred within the period of 1 year prior to the commencement of the civil action under this chapter; or

f. A material annoyance, inconvenience, discomfort, or a tangible injury occurs to neighboring properties or persons, and which a court considers objectionable under the circumstances, or any other public nuisance defined by state or municipal codes or Delaware law.

(6) “Firearm” shall have the same meaning as that term is used in § 222 of Title 11. “Ammunition” shall have the same meaning as that term is used in § 1448(c) of Title 11.

(7) “Illegal drug events” 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.

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

(9) “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.

(10) “Person” means a human being who has been born and is alive, and, where appropriate, a public or private corporation, a trust, a firm, a joint stock company, a union, an unincorporated association, a partnership, a government or a governmental instrumentality.

(11) “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.

(12) “Projectile weapon” means as defined in § 222 of Title 11.