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Wilmington, DE Property Maintenance: Property Blight (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Vacate deadline
10 days after condemnation
First-offense fine
$250 to $1,000
Repeat-offense fine
up to $5,000+
Appeal fee
$50, refunded if you win

Summary

Wilmington's licenses-and-inspections commissioner can condemn any dwelling that's damaged, unsanitary, or unsafe as unfit for human habitation, placard it, and force occupants out within 10 days: condemned buildings are declared public nuisances under the Housing Code.

Any dwelling or dwelling unit which the commissioner of licenses and inspections shall find to have any of the following defects shall be condemned as unfit for human habitation: One which is so damaged, decayed, dilapidated, unsanitary, difficult to heat, unsafe or vermin-infested that it creates a hazard to the health or welfare of the occupants or of the public...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72).

Full Breakdown

Under City Code § 34-112, a dwelling gets condemned as unfit for human habitation if it's damaged, decayed, dilapidated, unsanitary, hard to heat, unsafe, vermin-infested, or lacks adequate light/ventilation/sanitary facilities. The commissioner placards it "Condemned as Unfit for Human Habitation" and owners must vacate within 10 days (§ 34-116); § 34-119 declares condemned dwellings public nuisances subject to repair or removal. Owners can appeal to the board of license and inspection review within 20 days (§ 34-38).

Violations & Fines

First offense is a misdemeanor: $250-$1,000 fine plus prosecution costs. Repeat violations escalate to $500-$2,500, then $1,000-$5,000, then a flat $5,000+ for the fifth offense; courts can also add $50/day until the defect is fixed.

Frequently Asked Questions

What makes a Wilmington building "unfit for human habitation"?
Damage, decay, unsanitary conditions, unsafe structure, vermin infestation, or inadequate light/ventilation/sanitary facilities under City Code § 34-112.
How long can occupants stay after a building is condemned?
No more than 10 days after placarding under § 34-116; staying longer can mean forcible removal by police and the property being sealed.

Sources & Official References

Other rules in Wilmington

All Wilmington rules

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