County council adopts tighter vacant-property rules, requires 3-year professional inspections

New Castle County Council on May 13 adopted substitute No. 1 to Ordinance 25-046, amending Chapter 7 (Property Maintenance Code), Article 2 (Registration and Payment of Fees for Vacant Premises) to strengthen registration, inspection and placarding rules for vacant properties across the county.

The ordinance, presented to council as a late submission and considered under a rule suspension, requires that commercial structures over 100,000 square feet restrict vehicle access in accordance with the Delaware State Fire Prevention Regulations (General Fire Safety, Chapter 5, Section 2.6). It also requires that any building or structure vacant for three years be inspected by a design professional, with that inspection due within 90 days of the anniversary of the property's initial vacancy registration.

"This ordinance provides a systematic strengthening of our requirements, fees, placarding, inspections for vacant properties throughout New Castle County," said David Carver, General Manager, Department of Land Use. "We will have a guarantee that these vacant properties will be reviewed and inspected by a design professional every three years."

Carver told council the changes add certainty for public-safety responders because unsafe buildings will be placarded so police and fire personnel know a structure is not safe when they enter.

Councilman Cartier moved the rule suspension and substitute, and the council approved the ordinance on a roll call vote recorded as 12 yes, 1 absent.

Councilman Street, who spoke during the item, said the shorter inspection interval was a response to longstanding concerns. "Three years is better than five years," he said, calling the change a needed step to address the problems vacant properties create.

The ordinance delegates administration and enforcement to the Department of Land Use and references applicable state fire-safety regulations for gated or restricted-access provisions. The ordinance text specifies inspection triggers, inspection timing (90 days after the vacancy anniversary), and placarding for unsafe conditions; it does not specify penalty amounts in the council discussion.

Implementation steps discussed in the meeting included inspections by design professionals every three years for qualifying properties and coordination with police and fire regarding placarded buildings. The transcript shows no additional amendments were made during the final vote.

The council's action applies countywide; affected parties include owners of vacant commercial and residential buildings, neighboring residents, and county public-safety staff who respond to calls at vacant sites. The ordinance's effective date and any implementing administrative procedures were not specified in the meeting record.