CPMBCA Minutes

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held by video conference on October 21, 2020 at 3:36 p.m. with Chairman Anderson presiding. Members present via video or telephone were Mr. Neil, Mr. Rocha, and Mr. Martin. Ms. Steger was absent. Staff members present were Mr. Junge, Mr. Hugg, Mr. Coburn, Ms. Bowen, Ms. Tauchus, and Mrs. Ramsey. AGENDA ADDITIONS/DELETIONS Mr. Martin moved for approval of the agenda, seconded by Mr. Neil and unanimously carried. Property Maintenance Code Citation (Dover Code - Chapter 98 - Streets, Sidewalks, Storm Sewers and Other Public Places, Article I - In General, Section 98-5 - Duty of Tenants or Owners to Maintain Sidewalks and Landscaped Areas Within the Street Right-of-Way) - Appeal of Citation and Fines - 125 Greentree Drive (James S. Pillsbury) Ms. Velvet Bowen, Code Enforcement, reviewed the case history for 125 Greentree Drive. Mr. Pillsbury stated that he looked at the drawing from the initial construction of the building and it did not look like the grass in question was on his property because it was past his boundary line. He stated that he thought it looked like the grass was on the property for the Greens of Dover which was next door. Mr. Neil asked if it was Mr. Pillsbury’s property or not. He stated if it was not on his property, Mr. Pillsbury should get his money back. Ms. Bowen stated that the Greens of Dover had no common area, the only empty lot in that area that could be considered a common area was owned by the City of Dover. She noted that each townhouse was a privately owned lot so there was no property owned by the Greens of Dover. Responding to Mr. Pillsbury, Ms. Bowen stated that the City would only mow the grass if it was City property, owned by the City. Ms. Bowen stated, as an example, that the trees on State Street are maintained by the City, but the grass is required to be maintained by the property owner. Responding to Mr. Anderson, Ms. Bowen stated that the area of the property in question abutted Cold Spring Place. She noted the street was maintained by the City in reference to snow, but the properties themselves were all privately owned. Responding to Mr. Pillsbury, Ms. Bowen stated that per the ordinance, Mr. Pillsbury would be responsible for maintaining the grass up to the curb line. Mr. Junge stated that he believed Ms. Bowen’s interpretation of the statute to be correct. Mr. Neil moved to uphold the citation issued by the Planning and Inspections Department. The motion was seconded by Mr. Rocha and unanimously carried.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF OCTOBER 21, 2020 PAGE 2 Property Maintenance Code Citation (2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section 302.1 - Sanitation and Dover Code - Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division I - Generally, Section 106-130 - Wrecked, Nonoperating, or Improperly Parked or Equipped Vehicles, © Parking in Grass) - Appeal of Citation and Fines - 625 Lakewood Place (Emily B. Wilson) Ms. Velvet Bowen, Code Enforcement, reviewed the case history for 625 Lakewood Place. Ms. Bowen noted that she went back to the property on October 13th to do her last follow-up and everything was cleaned up at that point and the case was actually closed. Responding to Mr. Martin, Ms. Bowen stated that the fines start at $50.00 and double if not paid within 14 days. She stated that the third notice was a $50.00 fine, the fourth notice was a $100.00 fine, and the fifth notice would have been a $200.00 fine, had it been sent. Ms. Wilson stated that when she received the notification from September 8th, it was a $50.00 she believed to be due by September 28th, but she lost the paper. She noted that when she received the citation on September 24th, she wrote her appeal thinking everything was satisfied because everything had been cleaned up and paid the fine. Ms. Wilson stated that she received a message from Ms. Bowen that it was actually due on September 23rd. Ms. Wilson stated that the citation she received on September 24th was another $100.00 fine for the second offense as well as a $50.00 reinspection fee. She stated that she had paid a total of $200.00 out of pocket. She stated that her appeal was to receive at least $150.00 back and that she did not feel that $150.00 was a fair penalty for a couple of days. Ms. Bowen stated that since the $50.00 fine was not paid on the due date, it was doubled to $100.00. Responding to Ms. Wilson, Ms. Bowen stated that there was an additional fine on top of that because the reinspection was done on September 24th for the letter that was sent on September 8th. Ms. Bowen stated that the day after the fines were due, there was a broken window. Responding to Mr. Anderson, Ms. Bowen stated that the second fine was for a second offense, not a continuation of the first one. Ms. Bowen stated that the fourth notice was sent because the vehicle was still in the grass and there was broken glass and debris still in the yard. She noted that it had been cleaned up, but not completely. Ms. Bowen clarified that the $150.00 was not a late fee. She stated that during the reinspection, a second citation was issued for failure to correct the violation and that was the $100.00 fine. Responding to Mr. Anderson, Ms. Bowen stated that the violation has remained the same through all five notices, but at the third notice the City starts fining, so Ms. Wilson was fined twice for the same violation. Responding to Mr. Rocha, Ms. Bowen stated that had Ms. Wilson cleaned everything up by the next inspection of September 24th, she would have never received the last violation with a $100.00 fine and would have only been responsible for the $50.00 fine that double because it was unpaid. Mr. Neil moved to uphold the citations issued by the Planning and Inspections Department. The motion was seconded by Mr. Martin and unanimously carried.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF OCTOBER 21, 2020 PAGE 3 Mr. Neil moved for adjournment, seconded by Mr. Rocha and unanimously carried. Meeting adjourned at 4:13 p.m. David L. Anderson Chairman DLA/mr/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\2020\10-21-2020 CPMBCA Minutes.wpd