The owner of a property aggrieved by any civil penalty imposed pursuant to Chapter 7 of the New Castle County Code, may appeal to the Department of Land Use Code Official. The owner has ten (10) business days from the date of the citation in which to either request a hearing before an administrative hearing officer or submit the written grounds for the appeal to the Land Use Code Official.
To request a hearing, for which the owner's attendance is required, please complete Parts I and III of the Appeal Form, sign, date and return the form to: New Castle County, Office of Code Enforcement, 87 Reads Way, New Castle, DE 19720.
To file a written appeal, in lieu of attending a hearing before an administrative hearing officer, please complete Parts I, II and III of the appeal request form, sign, date and return the form to: New Castle County, Office of Code Enforcement, 87 Reads Way, New Castle, DE 19720.
Please note that a $20 administrative fee will be assessed to cover the cost of the appeal ONLY if the appeal is denied by the administrative hearing officer.
The Code Official shall issue a written decision affirming, modifying, reversing, revoking or vacating the civil penalty within forty-five (45) calendar days of the receipt of the appeal. In the event the civil penalty is reversed, revoked, vacated or decreased in amount, the appellant shall be reimbursed for the payment of the portion of the civil penalty vacated or decreased.
The decision of the Code Official must be appealed to the Board of Licenses Inspection and Review in accordance with Section PM 188.8.131.52.