31 Del. C. ch. 41 § 4131
Violations
Operative Text
(a) Unlawful acts. — It shall be unlawful for any person, firm or corporation to erect, construct, alter, extend, repair, remove, demolish, use or occupy any structure or equipment regulated by this chapter, or cause same to be done, contrary to or in conflict with or in violation of this chapter. (b) Penalty for violation; jurisdiction. — Any person who shall violate this chapter or who fails to comply with any notice or order issued by a code official pursuant to this chapter, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not less than $25 nor more than $1,000 or imprisoned for a term not to exceed 30 days, or both. Each day of a separate and continuing violation shall be deemed a separate offense under this section. The Justice of the Peace Court in the county in which the property is located shall have exclusive jurisdiction over offenses prosecuted under this chapter. (c) Prosecution. — In the event any violation order is not promptly complied with, a code official with constable powers pursuant to § 2901 of Title 10, may issue a citation, and in cases involving first offenders of this Code, may assess a fine of $100 or, in the alternative, may direct that the owner or occupant appear in the court of law having jurisdiction over the alleged violation. In those jurisdictions in which the code officials do not have constable powers, the code official may institute an action in the appropriate court, or may request the city solicitor or community attorney-at-law to institute such action to seek the penalties provided in subsection (b) of this section.
Under 31 Del. C. ch. 41 § 4131, it is unlawful to erect, alter, repair, demolish, use, or occupy any structure or equipment covered by this chapter in a manner that conflicts with its requirements. Violations can result in criminal misdemeanor charges, fines ranging from $25 to $1,000, imprisonment of up to 30 days, or a combination of these penalties. Importantly, each day a violation continues is treated as a separate offense, and the Justice of the Peace Court in the relevant county holds exclusive jurisdiction over prosecutions brought under this chapter.
Plain English — not legal advice.
Property owners and managers operating under 31 Del. C. ch. 41 § 4131 are generally expected to ensure that any construction, alteration, repair, or occupancy of regulated structures fully complies with the chapter's requirements. Compliant operators typically respond promptly to any notice or order issued by a code official, since failure to do so can trigger citation, fines, or criminal prosecution. Because each day of non-compliance may be counted as a separate offense, operators commonly prioritize swift remediation once a violation is identified.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 31 Del. C. ch. 41 § 4131, tenants have an interest in knowing that structures they occupy are required to meet the standards set by this chapter, and that code officials have authority to issue orders and citations when those standards are not met. If a tenant believes a property is being used or maintained in violation of this chapter, general enforcement paths include reporting concerns to the local code official or relevant municipal authority, who may then issue notices or pursue prosecution. Tenants may also wish to consult a tenant-rights organization or legal aid service to understand how this provision's protections may apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 22, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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