When those in power don’t like the truth,
they sometimes reach for process as a weapon.
The last few weeks I published fact-checked pieces (with links and receipts) about New Castle County’s reassessment and oversight failures, I received a three-count property maintenance “violation” at my home (Case #202505906 / Inspection #2860255). The claims were wrong on their face, verbally retracted by the officer September 11th—and still posted publicly to damage my reputation.
This report does two things. First, it lays out the actual law—the New Castle County Property Maintenance Code sections cited against me—and why the facts at my home complied. Second, it details every remedy available when government process is misused to punish speech: administrative appeals, ethics complaints, criminal statutes on threats, and civil rights claims for retaliation.
I’ve spent eight years running hearings, reading code, and protecting taxpayers. I know what an honest enforcement action looks like. This wasn’t it.
What the Code Really Says (and Why the Citations Fail)
1) PM 302.11 — “Outside Storage of Debris.”
County code prohibits accumulations of trash or refuse on residential property. It lists examples such as garbage, rubbish, rubble, broken concrete, tires, and certain materials (with items like neatly stacked firewood expressly treated differently).
My property: a small bundle of neatly stacked metal posts—not visible from the street or neighboring yards—stored for reuse. That is not “debris” within the meaning or intent of PM 302.11.
2) PM 302.4 — “Prohibited Growth of Weeds and Grass.”
For developed parcels, weeds/grass must be no more than 8 inches tall; on parcels over 1 acre with <5% lot coverage, the 8-inch rule applies within 20 feet of property lines. The code also carves out clear exceptions: ornamental shrubs and trees and wildflower meadows (setbacks apply).
My property: the lawn was mowed under 3 inches days before inspection; ornamental perennials (Echinacea, Black-Eyed Susans, lavender, mint, herbs, roses) were naturally going to seed in early September. That is expressly outside the weeds provision.
3) PM 302.4.8.2 — “Shrubbery; keep walks/doors clear.”
Shrubbery may not encroach on walkways or driveways and must be trimmed away from doors/hatchways.
My property: a tree (apricot) with two seasonal branches several feet above head height over the sidewalk—scheduled for routine winter pruning. The section cited applies to shrubbery blocking passage, not elevated tree canopy that doesn’t impede clear egress. The code also separately addresses trees (PM 302.4.8.1) in terms of dead limbs, not mere seasonal growth.
Bottom line: On 9/11/2025, after my call, the officer admitted there were no violations—yet as of 9/15/2025, 12:36 PM, the County still displayed “violations” on public Parcel View. Keeping a disproven citation live raises due-process and reputational harm concerns and contradicts the County’s own enforcement framework.
Your Rights: How to Appeal and Clear the Record
New Castle County’s code sets out a layered appeal and due-process path:
-
Ten (10) business days from the citation to request a pre-deprivation hearing with the Code Official or submit a detailed written appeal (automatic stay applies).
-
The Code Official must issue a written decision; if adverse, you may appeal to the Board of License, Inspection and Review (BLIR) within 20 days; a public hearing must occur within 45 days.
-
Ticketing, reinspection fees, and penalty schedules are governed in PM 106.3; criminal escalation requires process and proof.
Action item (done/underway): File the written confirmation of “no violations,” demand removal from Parcel View, and preserve screenshots and call logs for the appeal record.
When Enforcement Becomes Retaliation
I had just published critical, sourced pieces on county oversight. Days later: baseless code charges, and before that—two relayed threats that certain officials would “take me out.” That’s not politics—it’s illegal.
Criminal Law (Delaware)
-
Harassment (11 Del. C. § 1311): conduct intended to alarm or distress; class A misdemeanor. Delaware Code
-
Terroristic Threatening (11 Del. C. § 621): threatening a crime likely to result in death or serious injury; elevates to a felony when the victim is 62+. I’m 63.
Action item: file a police report referencing both sections; document the intermediary who conveyed the threat and the dates/times.
Ethics Law (County)
The New Castle County Ethics Commission investigates abuse of office and unethical conduct by county officials and employees. Complaints must be sworn and are kept confidential during investigation. Forms, process, and guidance are public.
Action item: file a sworn ethics complaint naming involved officials/staff, attach evidence (screens, notice, timeline, witness statements), and allege retaliation/misuse of office.
Civil Rights (Federal)
42 U.S.C. § 1983 allows damages and injunctive relief when state actors, under color of law, violate constitutional rights—including retaliation for protected speech. Authoritative primers and recent analyses confirm § 1983 is the vehicle for First Amendment retaliation claims.
Action item: consult counsel on a § 1983 retaliation claim (and, as appropriate, defamation, abuse of process, IIED) based on a fabricated enforcement action used to chill speech—and the County’s continued publication of a “violation” it admits does not exist.
Evidence, Documentation, and Leverage
-
Timeline file: log receipt (postmark 9/6/2025; delivery 9/10/2025), the 9/11/2025 1:50 PM call (12 min), and 9/15/2025 12:36 PM public posting (Parcel View) still up.
-
Photos/receipts: lawn height (<2"), garden plantings, tree canopy height, storage location of posts.
-
Screenshots: Parcel View before/after; keep EXIF data and capture timestamps.
-
Demand letters: to Code Enforcement and County Attorney demanding immediate removal/correction and a written “no violation” record; note appeal timelines.
Where to File / Who to Call (Quick Links)
-
NCC Property Maintenance—Violations & Appeals (how inspections/appeals work; contact):
-
NCC Parcel/Online Services (for screenshots, status checks):
-
NCC Ethics Commission: Overview, Complaint Form, Guidance:
-
Delaware Criminal Statutes: Harassment (§ 1311); Terroristic Threatening (§ 621).
-
Federal Civil Rights: 42 U.S.C. § 1983 (First Amendment retaliation).
What This Means Beyond My Case
This isn’t about tall grass. It’s about power and process. A made-up “debris” citation, a misapplied “shrubbery” rule to a tree, and a weeds claim contradicted by a recently cut lawn—all issued, admitted false, and still publicly posted.
That combination isn’t compliance—it’s message discipline by other means.
If they can do it to a former Council President who knows the playbook, imagine the message to a senior on a fixed income who doesn’t. That’s why I’m publishing the receipts—and the roadmap.
Call to Action
-
Fix the record now: Remove the false violations from Parcel View and issue written confirmation.
-
File the complaints: Appeal administratively; file the ethics and criminal complaints with affidavits and exhibits.
-
Protect speech: If retaliation is proven, pursue § 1983 remedies so this doesn’t become the new normal.
I’m 63, a grandmother, and semi-retired. I live with two rescue greyhounds and a garden full of perennials. I’ve taken tougher votes than most. I won’t be intimidated—by rumor, by threat, or by paperwork pretending to be law.
References (APA)
New Castle County. (2019). Property Maintenance Code (Chapter 7). (Sections PM 302.11; PM 302.4; PM 302.4.8.1–.8.2; PM 106.3 appeals/penalties).
New Castle County. (n.d.). Property Maintenance Violations—How inspections work & common violations. https://www.newcastlede.gov/253/Property-Maintenance-Violations
New Castle County. (n.d.). Quick Info → Parcel Search / Online Services. https://www.newcastlede.gov/1515/Quick-Info
New Castle County Ethics Commission. (n.d.). About, process & forms. https://www.newcastlede.gov/402/Ethics-Commission; Complaint Form PDF: https://www.newcastlede.gov/DocumentCenter/View/1139/Ethics-Commission-Complaint-Form; Government Ethics Brochure: https://www.newcastlede.gov/DocumentCenter/View/1143/Government-Ethics-Brochure
Delaware General Assembly. (2025). 11 Del. C. § 1311—Harassment; class A misdemeanor. https://delcode.delaware.gov/title11/c005/sc07/ Delaware Code
Delaware General Assembly. (2024). 11 Del. C. § 621—Terroristic threatening (elder-victim felony enhancement). https://law.justia.com/codes/delaware/title-11/chapter-5/subchapter-ii/section-621/
Legal Information Institute (Cornell Law School). (n.d.). 42 U.S.C. § 1983—Civil action for deprivation of rights. https://www.law.cornell.edu/uscode/text/42/1983
Congressional Research Service. (2025). First Amendment: Government Retaliation for Protected Speech—Overview. https://www.congress.gov/crs-product/LSB11338
Source Links (clickable)
-
Property Maintenance Code (PDF): New Castle County — PM sections & appeals.
-
How NCC handles violations/inspections.
-
Parcel/Online Services (for status & screenshots).
-
NCC Ethics Commission hub + sworn complaint form + brochure.
-
Delaware harassment statute (§ 1311).
-
Delaware terroristic threatening statute (§ 621).
-
42 U.S.C. § 1983 (civil rights).
Addendum: What I’ve Already Done
-
E-mailed the code officer memorializing his “no violations” finding and requesting immediate removal/correction in public records.
-
Preserved screenshots and time-stamped images of my lawn, plantings, and tree canopy.
-
Prepared appeal and ethics complaint drafts with exhibits.
If you’re reading this as a friend or neighbor, know your rights. If you’re reading this as a public official, know this: the law is not a cudgel for critics. It’s a covenant with the public. Let’s live up to it.
Receipts |Spring | Summer | Nearly Fall
