Sussex County, DE Property Maintenance: Property Blight (2026)

When the Code Official determines a building is unsafe, unfit for human occupancy or contains unsafe equipment, § 71-26 authorizes condemnation, placarding and forced vacation of the premises. The chapter defines an "unsafe structure" as one so damaged, decayed, dilapidated, structurally unsafe or built on an unstable foundation that partial or complete collapse is likely, and a "structure unfit for human occupancy" as one lacking maintenance, sanitary facilities, heat or ventilation, or infested with vermin. Before condemning, the Code Official must serve written notice under § 71-27 describing the violation, a correction deadline, the right to appeal, and the penalties for noncompliance; service is by personal delivery, certified mail, or posting on the structure plus a newspaper notice if the owner cannot be found.

Occupying or reoccupying a placarded structure without the Code Official's approval is itself a violation under § 71-28B. Where repair is unreasonable, § 71-32 lets the Code Official order the owner to raze the structure; if the owner misses the deadline, the county demolishes it and bills the cost as a lien on the property under § 71-33. An owner or occupant aggrieved by any of these actions has 10 days under § 71-31 to file a written appeal with the County Board of Appeals or a Community Board of Appeals, which stays enforcement until decided; a further appeal runs to Superior Court. Selling a property under an open compliance order without disclosing it to the buyer is separately unlawful under § 71-27F.