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CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS AGENDA JULY 10, 2017 - 10:00 A.M. DOVER PUBLIC LIBRARY - MEETING ROOM B 15 LOOCKERMAN PLAZA DOVER, DELAWARE REVISED 06/29/2017 TO CHANGE THE LOCATION OF THE MEETING PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. AGENDA ADDITIONS/DELETIONS 1. ELECTION OF CHAIR 2. PROPERTY MAINTENANCE CODE CITATION (VACANT BUILDING) - APPEAL OF DECISION (VACANT BUILDING REGISTRATION AND REGISTRATION FEE) - 1194 DEATS DRIVE, UNIT #2 (CREEKSTONE CONSTRUCTION, LLC) 3. ADJOURNMENT /JS S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\07-10-2017 REVISED AGENDA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E )(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

City of Dover June 21, 2017 Mr. Joseph M. Petrosky Creekstone Construction, LLC 1052 South Governors Avenue, Suite 102 Dover, DE 19904 Re: Appeal of Decision - Vacant Building Registration and Fee - 1194 Deats Drive, Unit #2 Case #: 12-00001118 Mr. Petrosky: I have received your request to appeal the decision of the Building Inspector to register your property as vacant in accordance with Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Monday, July 10, 2017 at 10:00 a.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your appeal. Please feel free to contact me by e-mail at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Sincerely, Traci A. McDowell, MMC City Clerk TAM/js S:\APPEALS\2017\1194 Deats Drive, Unit #2 - Vacant Building Registration and Fee\Receipt of Appeal and Hearing Notification wpd cc: Dave Hugg, Acting Director of Planning and Community Development Donna Mitchell, Acting City Manager Nicholas Rodriguez, City Solicitor William Pepper, Deputy City Solicitor P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

DOVER, DE CODE OF ORDINANCES CHAPTER 22 – BUILDINGS AND BUILDING REGULATIONS ARTICLE I. ‐ IN GENERAL Sec. 22‐1. ‐ Construction and property maintenance code board of appeals. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local real estate industry association. Members shall serve one-year terms unless sooner removed. All appointments are subject to confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of appeals shall elect one of its members as chairperson. (b) Appeals . Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing . Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994; Ord. No. 2016-19 , 8-22-2016) Sec. 22‐2. ‐ Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22‐3—22‐30. ‐ Reserved. Page 1

DOVER, DE CODE OF ORDINANCES CHAPTER 22 – BUILDINGS AND BUILDING REGULATIONS ARTICLE VII. ‐ PROPERTY MAINTENANCE CODE[4] Footnotes: ‐‐‐ (4) ‐‐‐ Charter reference— Power of city to regulate buildings, subpart A, §§ 20, 22. Sec. 22‐221. ‐ Adopted. (a) A certain document, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). (Code 1981, § 10-1; Ord. of 7-10-1989; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13- 2000; Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010; Ord. No. 2016-19 , 8-22-2016) Sec. 22‐222. ‐ Definitions. (a) Whenever the word "municipality" or "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. Page 1

(Code 1981, § 10-2; Ord. of 7-10-1989) Sec. 22‐223. ‐ Conflicting provisions. In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 10-3; Ord. of 7-10-1989) Sec. 22‐224. ‐ Enforcement. The city planner shall enforce the provisions of the publication adopted by reference in this article. (Code 1981, § 10-4; Ord. of 7-10-1989; Ord. of 4-14-2008) Sec. 22‐225. ‐ Reserved. Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, repealed § 22-225. Former § 22- 225 pertained to property maintenance board of appeals and derived from the Code of 1981; Ord. of 7-10-1989; and Ord. of 4-10-2000. Secs. 22‐226—22‐250. ‐ Reserved. Page 2