31 Del. C. ch. 41 § 4133
Creation of tax lien
Operative Text
There is hereby created a tax lien on real property for moneys expended by the State, or a community, for razing, demolition, removal or repairs of buildings or abatement of other unsafe conditions constituting a threat to the public health and safety where the responsible party refuses or fails to comply with the lawful order of the code official after due notice thereof, either actual or constructive. Upon certification of a tax lien to the appropriate state or community official by the code official, the amount of such lien shall be recorded and collected in the same manner as other county real estate taxes, and paid to the State or community, when collected, by the appropriate county government.
Under Delaware 31 Del. C. ch. 41 § 4133, when a government entity—either the State or a local community—spends money to raze, demolish, remove, or repair a building, or to abate other unsafe conditions that threaten public health and safety, it can recover those costs by placing a tax lien on the real property involved. This lien arises specifically when the responsible party has received proper notice but refuses or fails to follow a code official's lawful order. Once the code official certifies the lien to the appropriate official, it is recorded and collected in the same way as county real estate taxes, with proceeds returned to the State or community.
Plain English — not legal advice.
Property owners subject to Delaware 31 Del. C. ch. 41 § 4133 should be aware that failing to comply with a code official's lawful order—after receiving actual or constructive notice—can result in government-performed remediation and a tax lien placed directly on the property. Compliant operators generally respond promptly to official notices, complete required repairs or abatement work within the specified timeframe, and document their compliance to avoid triggering government action. Because the lien is collected like county real estate taxes, it can affect the property's title and the owner's ability to sell or refinance.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Tenants living in buildings with unaddressed unsafe conditions may find it relevant that Delaware 31 Del. C. ch. 41 § 4133 gives government authorities a mechanism to step in and remediate hazards when a property owner ignores official orders. If a code official has already issued a notice of violation, tenants can inquire with local code enforcement about the status of that order and whether remediation action has been or may be taken. Tenant-rights organizations and legal aid services can help tenants understand how this provision interacts with habitability rights and what general options may be available when a landlord fails to address conditions threatening public health and safety.
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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