CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on February 26, 2020 at 4:00 p.m. with Chairman Anderson presiding. Members present were Mr. Anderson, Mr. Neil, and Mr. Martin. Staff members present were Mr. Hugg, Mr. Junge, Mr. Kopp, Mr. Coburn, and Mr. Gibson. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Martin and unanimously carried. Property Maintenance Code Citation (Chapter 22 - Buildings and Building Regulations, Article VII - Property Maintenance Code, Section 22-221) - Appeal of Decision - Annual Housing Inspection - 1001 White Oak Road, B31 (Joni Monk) Mr. Kopp reviewed the case history of 1001 White Oak Road. Mr. Kopp stated that it was his understanding that Mrs. Monk was appealing his right of entry into the condo. Responding to Mr. Anderson, Mrs. Monk stated that she was appealing the sequence of events that added up to the entire inspection. She stated that at the time of the inspection the unit was not being rented. Responding to Mr. Neil, Mrs. Monk stated that Stapleton was her maiden name and that she believed her name to be updated everywhere. She did not know that she was required to update her name with the City. Responding to Mr. Martin, Mr. Kopp stated that at the time of the original inspection the electric was in the owner’s name. Mr. Robins confirmed Mr. Kopp’s answer and also stated that he paid the electric to Mrs. Monk, which she confirmed. Mrs. Monk stated that she did not know how to go about getting a lease for the property and that she had previously rented out the condo through section 8. She stated that she did not know that she had to go through the process of coming to City of Dover to get a rental permit. Mrs. Monk stated that the condo did have an association and that it permits her to rent the unit out. However, she was unable to provide anything that stated that in writing. Mrs. Monk also stated that she received rent money in addition to the electric payments from Mr. Robins. Responding to Mr. Martin, Mr. Junge stated that counsel views the situation as a verbal contract. Responding to Mr. Anderson, Mr. Junge stated that he believed a tenant had a right to give access for an inspection. Responding to Mr. Anderson, Mrs. Monk stated that the repairs had not been completed as of the meeting and she did not intend to rent it again.

CONSTRUCTION CODE APPEALS COMMITTEE MEETING OF SEPTEMBER 7, 2016 PAGE 2 Mrs. Monk objected to the implication that the inspection was valid due to the fact that the unit was vacant at the time. Responding to Mr. Anderson, Mrs. Monk stated that she was unable to provide written evidence that Mr. Robins had been evicted but stated that she had pictures of the unit from November 28, 2019. Mr. Neil moved to uphold the findings of the staff. The motion was seconded by Mr. Martin and unanimously carried. Mr. Neil moved for adjournment, seconded by Mr. Martin and unanimously carried. Meeting adjourned at 4:30 p.m. David L. Anderson Chairman AMP/JS/mr S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\2020\02-26-2020 CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS.wpd