Delaware § 310 - Abatement of nuisances.

§ 310. Abatement of nuisances.

(a) Each local board of health may direct:

(1) That any noisome matter whether vegetable, animal or otherwise within the boundaries of its respective city or town or within 1 mile thereof or any vessel then having or having recently had any contagious disease on board which according to the opinion of the local board may be the occasion of sickness or ill health be removed or remedied by the person to whom the same belongs, or in whose possession, or upon whose property it is;

(2) That any place in such city or town or within 1 mile of the boundaries thereof being in such filthy or noxious state that according to the opinion of the local board it may be the occasion of sickness or ill health be cleansed by such persons to whom the same belongs, or in whose possession it is;

(3) That any reservoir of stagnant water or other nuisance or unwholesome thing in such city or town, or within 1 mile of the boundaries thereof which according to the opinion of the local board may be the occasion of sickness or ill health, be abated, removed or remedied by the person to whom the same belongs or in whose possession or on whose property it is; and

(4) It may remove any hogpens in such city or town which in the opinion of the local board it is deemed necessary or conducive to public health to remove.

(b) If it appears to the local board that any of the nuisances mentioned in this section are caused or produced by any person or persons other than those on whose premises the nuisances exist or that the nuisance or nuisances are caused or produced by water or filthy noisome or unwholesome matter flowing or running from the premises of any other person or persons or from premises which may be in that person’s or those persons’ occupation, the local board shall then give directions to cleanse, remove, abate or remedy the same to the person or persons causing or producing such nuisance or nuisances or to the person or persons from whose premises or from premises which may be in that person’s or those persons’ occupation the same shall flow or run.

(c) Where the Secretary of Health and Social Services determines, in accordance with subchapter II of Chapter 16 of Title 24, that a public nuisance exists, the Secretary shall have all the powers granted by this chapter to local boards of health. The Secretary may also apply to a court under §§ 311, 312 and any other sections of this title to enter the premise and remove health hazards, and to do any other act permitted a local board of health, so long as such act is consonant with the provisions and intent of said subchapter II of Chapter 16 of Title 24.

16 Del. Laws, c. 345, §  3;  18 Del. Laws, c. 33, §  1;  22 Del. Laws, c. 328, §§  1, 2;  Code 1915, §  746;  28 Del. Laws, c. 59, §  1;  Code 1935, §  754;  16 Del. C. 1953, §  310;  68 Del. Laws, c. 134, §  2;  70 Del Laws, c. 186,, §  1;