Anexo

PROPERTY MAINTENANCE CODE BOARD OF APPEALS AGENDA OCTOBER 19, 2015 - 2:00 P.M. CITY HALL CONFERENCE ROOM 15 LOOCKERMAN PLAZA DOVER, DELAWARE 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. PROPERTY MAINTENANCE CODE VIOLATION (CHAPTER 114 - VEGETATION, ARTICLE II - WEEDS, SECTION 114-32 - MAXIMUM HEIGHT) APPEAL OF CITATION AND FINES - 59 VILLAGE DRIVE (KIM SAMMAK) 2. ADJOURNMENT /JS S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\PROPERTY MAINTENANCE CODE BOARD OF APPEALS\2015\10-19-2015 PMCBA.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

City of Dover October 7, 2015 Mark J. And Kimberly L. Sammak 579 Allabands Mill Road Camden-Wyoming, DE 19934 Re: Appeal of Citation #15-00003079 and Related Fines - 59 Village Drive, Dover, Delaware Ms. Sammak: I have received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum height, by unlawfully permitting grass/weeds in excess of eight (8) inches at 59 Village Drive, Dover Delaware. Sec. 114-32 of the Dover Code states the following: Sec. 114-32. Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. A charge of $100 has been billed to you for the expense incurred by the City for cutting the grass at this property on September 21, 2015. A meeting of the Property Maintenance Code Board of Appeals has been scheduled for Monday, October 19, 2015 at 2:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your appeal. You noted in your appeal and in a phone conversation with our staff that you would be unable to attend this meeting. If you have any additional documentation that you would like the Board to review when considering your appeal, please provide this information to the City Clerk’s Office prior to the appeal hearing. 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, CMC City Clerk TAM/js S:\APPEALS\2015\59 Village Drive - Sammak - Appeal of Tall Grass Citation and Fines\Sammak - Hearing Notification Letter.wpd cc: Ann Marie Townshend, Director of Planning & Community Development Scott Koenig, City Manager Nicholas Rodriguez, City Solicitor Tim Taraila, Code Enforcement Supervisor Velvet Bowen, Inspector P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

SEP 2 8 2015 OFFICE OF THE CITY CLERK Date: September 23, 201 5 To : City of Dover Inspections Department From: Kim Sammak Re: Citation # 15-00003079 I am writing thi s letter to appeal the above mentioned citation and fines for the property I own on 59 V illage Dri ve, Dover, D E 19901. There was a serious time lapse with the sending and receiving of the certified mail which prevented me from taking prompt corrective action to rectify the situation. In addition, I was not aware that the grass on the property was tall. Had I known, I certainly would have tended to it. In the past, neighbors have pitched in to keep the grass area cut as it is so small. Your letter is dated September 12 but the first and only attempt to deliver the certified mail to my home was September 17th as evidenced by the post office stamp and initials on the envelope. The citation states "This code also pro vid es a time period for coITective action. If the person fin ed does not bring the property in compliance within three (3) days, from the date of personal service of the citation, or w ithin seven (7) days from the date of mailing of the citation, the city may remove the weeds, and charge the responsible person for such work .. . " My husband and l both work hours whi ch exceeds the post office hours of operation. With this being said, we were not afforded the opportunity to comply within 3 days because the letter did not end up "on receipt" in our hands until the 22nd. Thi s would have given us until the 25th to correct the violation. Pri or to receiving this certified letter, J received coITespondence through regular m ail from C ity of Dover Code E nforcement Offi cer, Ron Coburn. His letter addressed a Vacant Building Registration of which I responded back the next day after I opened it. Had I been forewarned about the grass height in his letter or when I spoke to him on the phone, surely I would have taken care of the issue the next day . In add ition, the home is in a short sale status and our real estate agent has never mentioned that the grass was in need of being cut. Today, Wednesday the 23rd I left a vo icemail in the general mail box for Code Enfo rcement Officer, Ms. Velvet Bowen, a fter I got home. I then proceeded to gather my equipment to cut the grass and clean up. I believe thi s demonstrates my readiness to remedy the situation. However, when I arrived at 59 Village Dr. , l found the grass had already been cut.

I realize that ordinances are in place fo r good reaso ns. However, if you intend to enforce thi s ordinance fairly- which is what good law is based on- you should at least give a warning before a citation with a fine. My research takes me to an article by the Dover Post dated August 12 , 20p9 which states that 95% of property owners warned by city inspectors clean up their properties before they are fin ed. fn 2015 , is the city's intent of the ord inance to keep the c ity clean or generate income? Sendin g a letter by certified mail literall y makes it impossible fo r anybody to comply within 3 days and therefore, a letter should be sent regul ar mail as well. I did speak to Mrs. Bowen on the 24 111 and she told me that it is a courtesy to receive a warning call which was dependant on the height of the grass. It should not matter if the grass is 8 or 80 inches tall. A ll should be treated equally; you don 't know the battles that people are fighting in their lives. We should either all get warning calls or all be fined. It takes less time and money to make a phone call than the effort and expense it takes to generate and mail a certified letter. I am requesting for the citation and fines to be excused on the points made above. Neither one of us can take a day off to come to an appeal hearing. I'm sure you w ill be fair and impartial and I look forward to your response via regular mail. Kind regards, ~d~ Kim Sammak

Unkempt lawns ca n be costly for homeowners - News - Dove r Post - Dover, DE Page J of 4 Search St Dover 6 5 ° subscribe I newsleHer DOVERPOS'I So"••NON..fJTATE ~& Hwt•Qo*'9 Dllt ~twlt~t•C1llWll~iJJflCt'Mtf~Gl'A. ~mAlbtc:cnf'•INlct1 -· Fo. ~9..brithd.. Ra.Igo to oow.--.. j(I:\ tocNd.~t .. ofoYr"job~/Miktk r==~~~~::r-an~~~~ HOME NEWS SPORTS ENTERTAINMENT LIFE OPINION OBITS SUNDAYS CLASSIFIEDS JOBS CARS HOMES FEATURED )) f'HCTCS VIOEOS GAM f:S TV GUIDE LOCAL 6lJS1tJtSS CALEt~DAR BRA.ND(D C.:ONH NT SP(Ci?l SECTJONS suenJr '!()•JR t.it•.•.·s I tXPLO~:r NEWS NOW Delaware adopts date changes 111 recreational black sea bass season Delawa re Stale Troopers seize unrei.Ju!med medical manju ana Unkempt lawns can be costly for homeowners Grass, weeds and debris on lawns can mean hefty fines for those who don 't keep their yards tidy. Kent Count y and the City of Dover could fine residents for having unkempt yards that could become a blight on the neighborhood. Recommend ~ D 0 Jeff Bro•·J;; photo City of Dove~nspectoc.Ron Col.HJ1]1 uses a yardstick to mea$ure..the height-cf grass u1 th e (ror~t yard or a c:.1tv 11 ome. "Ck '~ . .._'I 4 '.'.., V'; J(At.'t!<'i( rJ·:;"E:'S. W.Q.Ul_Cli ':.)' llt ;r. ·;·,;:,r ··• 1~,, c.l:::.a n_.__ ' " ",. ·r :- t, ~1 ·r ·-1 r' r1r,~•... . ly residents may report v101awn; t hrough the cit y's websae, www.c1tyofdover.com. By Jeff Brown, Ne w s Editor Posted Aug . 12, 2009 at 12:01 AM Updated Au g 12, 2009 at 1 2:04 PM Dover, Del. Tall grass and unkempt ya rds can mean some tall headaches for people living in loca l towns and unincorporated areas, as a Kent County ci tizen recently discovered. Prompted by a complaint he had been billed $725 to have a w ork crew cut grass and remove delJris on his property, the Dover Post checked with t he county's Department of Planning and Inspections to see if the charges were valid . Division director Lesl ie Persans said county cod e permits her department to clean up properties and t hen bill the owner, which means putting a lien against the prop erty until t he account os settled. riowever, Persans added, division policy does not allow her to discuss the case with the media until it is fi nalized. http://www.doverpost.com/ artic le/200908 l 2/NEWS/308 129999 9/25/20 15

Unkempt lawns can be costly for homeowners - News - Dover Post - Dover, DE Page 2 of 4 "The case is still ongoing and until things are resolved, and the lien is paid or he determines he wants to go through the court process, that's confidential," Persans said. Situations where officials may penalize residents are much the same in the city of Dover, which like Kent County takes action against property owners when inspectors determine tall grass and trash are becoming a nuisance and a health issue. "It's a blight on the neighborhood," said Timothy Tara ila, the city's chief code enforcement officer. "It is really a public health issue. Overgrowth can attract rodents and mosquitoes and you want to prevent that. " It's something you want to keep from happening, because once you start getting overgrown grass, it leads to a deterioration of the property." Ke nt: no notice fines on second offense The county planning and inspect ions department receives approximately 200 tall grass complaints per year, all of which are reported by local residents, Persans said. The department does not have the manpower to canvass the county just to look for such violations, she said. When a complain t is received, inspectors go an~ look at the property; if weed or plant growth exceeds 12 inches, then Chapter 175- 1 of the Kent County code requires Persans to issue a violation and correction order. The property is photographed, an orange violation sign is posted and a compliance order prepared, she said. The order is either served in person or via certified mail. "On receipt of that, you have five days to get the grass cut," Persans said. In about 80% of cases by the time inspectors go back out, the property owner has taken care of the problem, she said. ~· Eventually, if nothing is done, inspectors call in a contractor to clean up the property. Kent County code puts the charge at $75 per hour, plus a $25 administrative fee and additional costs if debris is taken to a landfill. The stiff fee, which has been in force for years, is purposely high as a means to discourage repeat offenders, Persans said. Prev ! 2 Next » FROM DOVER POST » PROMOTED STORIES Drug bust nets 13 in Kent. Sussex Need a Luxury Car for Under $35,000? Your 10 Best Bets Kelley Dlut. Book UPDATE: Woman jumped from truck before being hit on U.S. Route 13 south of Smyrna Allen Iverson says big 3 of himself, Michael Jordan and Shaquille O'Neal would go 82-0 N>.<om Brothers charged with attempted murder The 13 Weirdest Celebrity Deaths Ever Enterta;nment • HS Fall Sports Preview: Polytech Panthers Volleyball Answ~::-s.com Delaware State Troopers seize unregulated medical 'Meet the Patels' is a wann, winning journey ArcaMH marijuana chocolale bars Brawl erupls at Walt Disney World ••• N•ws Worker's compensation info sessions to be held in October 15 Stunning Female Alhleles That Are Way Out Of Your League ·rime ro Br~ak H~::o1T1!l1t-r1llud I.iv >> Popular Ar1icles ;\rut Offers ADVERTISEMENT Tl11nl.ms :ibou1 gcmng Sola1 W1lm111g1on Dri vers arc If You Ha\e Gas. Uloalmg. You lla\ e To See These r,:mels'> Read Tuts F1rs1 Fu11ous Over This I New (ons11pa11on 01 an Upsc1 Hila.nous Vtral Pictures Rule S1omach Please \V31ch This Comments are c u rrently unavail abl e on this article http://www.doverp ost.com/article/20 0908 12/NEWS/308 129999 9125120 15

DOVER, DE CODE OF ORDINANCES CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS ARTICLE VII. - PROPERTY MAINTENANCE CODE FOOTNOTE(S): --- ( 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 VII - Property Maintenance Code, Sec. 22-225 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. of7-10-1989; Ord. of4-25-1994; Ord. of 1-27-1997; Ord. of3-13- 2000; Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010) 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. (Code 1981 , § 10-2; Ord. of 7-10-1 989) Page 1

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. of7-10-1989) 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. of7-10-1989; Ord. of 4-14-2008) Sec. 22-225. - Property ma intenance code board of appeals. There shall be a board to be referred to as the "property maintenance code board of appeals," consisting of three members, one of whom shall be the city manager, one a resident generally selected as a representative of homeowners, and one representative of the local real estate industry association. The members shall be appointed by the mayor, subject to confirmation of a voting majority of the city council at its annual meeting. Decisions of the board shall be final. (Code 1981 , § 10-5; Ord. of7-10-1989; Ord. of 4-10-2000) Secs. 22-226-22-250. - Reserved . Page 2

Dover, DE Code of Ordinances Page 1of3 ARTICLE II. - WE EDS Sec. 114-3 1. - Definitions. The follow ing w ords, t erms and ph rases, when used in t his article, shall have the m ea ni ngs ascribed to them in this secti on, except where the context clea rly ind icates a d ifferent meaning: Weeds means grass, weeds, b ushes and any other vegetation, other than t rees, ornamenta l shrubbery, fl owers and ga rden vegetables that are properly t ended. (Code 1968, § 30-1; Code 1981, § 21-16) Sec. 114-32. - Ma ximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. (Code 1968, § 30-4; Ord. of 9-13-1 976; Code 1981 , § 21-17; Ord. of 8-28-2000) Charter reference- Power of counci l to d efine nui sa nces, subpart A,§ 18. Sec. 114-33. - Failure to maintain prope r height; abatement by city; cost s and lien. (a) Summons; action by city. In the event that any owner, occupant o r t enant of any pre mi ses w ithin the city, o r any agent caring for or in charge of the premises, shall permit any grass, weeds, underbrush, deleterious or unhealthfu l growths or other noxious matter to grow to a height of eight inches or more as prohibited by this article, then the code enforcement officer or fire marshal or his authorized agents sha ll issue a summons showing a violation of section 114-32, said summons to be served persona lly or by mail evidenced by certificate of ma iling upon the owner, occupant, or tenant of the premises, or any agent caring for or in charge of the premises. The summons sha ll cite t he violation of this article and shall be accom pa nied by a letter or a copy of th e releva nt provisions of thi s article stating wh at corrective action must be t aken and shall st ate the consequences fo r failu re to take such corrective action. If the violation is not corrected within th ree days from the date of personal service of the summons or within seven days from the date of ma iling of the summons evidenced by certificate of mailing, then the city, at the direction of the code enforcement officer or the fire marsha l, may remove the weeds, grass, underbrush, deleterious o r other unhealthful growths or other noxious m atte r growi ng to a height in excess of eight inches or more in violation of section 114-32 and charge the responsible person as provided for in Appendix F- Fees and Fines for such work that must be done to re nder the p roperty in comp liance wit h this article. Wh en t he owner, occupant, or tenant of any prem ises, or any agent caring for or in charge of t he p rem i se~ has received summonses, or been issued a summo ns evidenced by certificate of mai ling, and fails to take corrective action, and t he city has corrected the violation in accordance w it h this subsection, th en no fu rther notifi cation shall be necessary for the city t o take any f urther corrective actio n on any subse qliehf vk:ifati6rffwit hin t he foll owing 12- mont h period st arting from the date of t he first corrective action by t he city. (b) Failure to pay charges. In t he event t hat the owne r of record is deemed to be in vio lation of section 11 4-32, and in the event that the violation is corrected in com pliance w ith subsection (a) of this section, and if th e cha rges assessed by t he city for correcting sa id deficiency are not pa id, t hen t he about: blank 10/02/2015

Dover, DE Code of Ordinances Page 2 of 3 city, after having co rrected the deficiency and vio lation, sha ll place its charges and expenses as specified in the municipal lien docket as a lien against said property, and add the charges and expenses as specified to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process. In addit ion to the methods directed herein, the city so li citor shal l be directed to enforce sa id lien or to collect the charges imposed by the city by any other means that he may deem desirable and most advantageous to the city. The violator sha ll be responsible for all collection costs and expenses, in cluding attorneys' fees. (Ord. of 9-13-1976; Code 1981, § 21-18; Ord. of 7-27-1992; Ord. of 8-28-2000; Ord. No. 2009-09, 6-22- 2009; Ord. No. 2012-22, 11-13-2012) Sec. 114-34. - Fines. (a) Generally. Any person convicted of a violation of section 11 4-32, regardless of corrective actions taken, shall be pu nished for that violation by a fine as provided for in Appendix F-Fees and Fines. Any such fine sha ll be in addition to any charges or assessments imposed upon the vio lator pursuant to section 11 4-33(a). All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein. (b) Each day. Every day t hat a violation of section 114-32 conti nues shall be considered a separate offense, for which the violator may be tried and convict ed without necessity of further notice. (c) Minimums. (1) Any fin e assessed pursuant to subsection (a) of thi s section shall be no less than t he minimum amount as provided for in Ap pendix F-Fees and Fines. (2) In determining the appl icable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting t he same nu isance at the same location w ith in t he pa st 18 months, or for every day that the vio lation of section 114-32 continues as per subsection (b) of this section. (d) Lien. Any fi nes imposed pursuant to subsection (a) of th is section which remain unpaid sha ll: (1) Be added to the ta x duplicate for the tax year sa id services were provided by the city and invoiced as part of the annua l property tax bill for said property and collected as pa rt of the city property tax collection process, and (2) Be placed by the city as specifi ed in the municipa l lien docket as a li en against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set out in section 114-33(b). (e) When not paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatica lly doubled in amount. (Code 1981, § 21 -19; Ord. of3-23-1992; Ord. of7-27-1992; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22- 2009; Ord. No. 2012-22, 11-13-2012) Sec. 114-35. - Except ions. The fol lowing sha ll be con sidered exceptions to the eight-inch height maximum: (a) Riparian areas. Areas within 75 feet of the bank of a perennial stream or lake or within 25 feet from the outer edge of a stormwater management pond shall be permitted to include stream bank vegetation, including grasses, shrubs and/or trees. (b) Agricultural areas. Areas that are active ly used for the cu lt ivation of fie lds, including seasonal about: blank 10/02/20 15

Dover, DE Code of Ord inances Page 3 of 3 cover crops, sha ll be exempt from th is req uirement. (c) Approved natural and/or meadow areas. Areas that have been planted as meadow areas or areas that are being al lowed to revert to natural vegetation, with approval of the city planner and the city manager, sha ll be permitted in accordance with the approvals granted by these offices. (Ord. No. 2009-10, 5-11 -2009) Secs. 114-36-114-55. - Reserved. about: blank 10/02/201 5

Dover, DE Code of Ordinances Page 24 of27 Subsec. (b) Nonpayment ..... There will be a service charge of $50.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment Chqpter 110-Utilities, Article Ill-Water Service, Division 7-Water Impact Fees S!:~. 11 Q-2Q8 Water impaa fee established; payment, credits Subsec. (c) Fee and applicabi lity (1) Applicable building permit before February 1, No fee 2008. A buyer independent of the seller may submit a sales contract executed prior to February 1, 2008 to the city manager for consideration in lieu of a building permit issued before February 1, 2008 ..... Building permit and certificate of occupancy is $700.00 issued on or after February 1, 2008 ..... (2) Certificate of occupancy issued after February $1,400.00 1, 2009 ..... (3) Certificate of occupancy is issued after $2,100.00 February 1, 2010 ..... (Ord. No. 2010-07, 3·22-2010) Description Fees and Fines (in dollars) Chaoter 110- Utilities, Article IV- Sewer Service, Division 1- Generally Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 110-240 Violations Subsec. (c) Payment of cost ..... Not less than $25.00 nor more than $1 ,000.00 Chapter 114-Vegetation, Article II-Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity offurther notice. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec, 114-33 Failure to maintain proper height; abatement by city; costs and lien. Subsec. (a) Summons; aaion by city ..... $50.00 per hour for such work that must be done to render the property in compliance with this article Sec 114-34 Fines about: blank 10/02/20 15

Dover, DE Code of Ordinances Page 25of 27 Subsec. (a) Generally ... .. In add1t1on to charges or assessments imposed, a fine of not less than $25 00. nor more than $100.00 in accordance with minimum fine schedule in sub sec. (c) (1 ) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty af causing or permitting che same nuisance at the same location within the past 18 months, or for every day chat the violation of section 114-32 continues as per subsection (b) of this section. Subsec. (c)( 1) Minimums-A ny fine assessed pursuant to subsection (a) of this section shall be no less than the following minimum: First offense ..... $25.00 Second offense ..... $50.00 Third and subsequent offenses ..... $100.00 Chapter 118-Vehicles for hire, Article II- Taxicabs, Division 2-0peracor's Permit Sec. 118-54 Fee Taxicab operator's permit ..... $5.00 Appendix A-Subdivisions, Article IV-Subdivision-Procedure Subsec. A.2. Preapplication; filing fee ..... $200.00 Subsec. B.2. Preliminary layout; filing fee ..... $325.00 Subsec. C.3. Plat; review fee ..... $150.00, plus $65.00 per acre for the first ten acres, $40.00 per acre for the next ten acres and $25.00 per a ere for each a ere thereafter Plats for minor lot line adjust ments shall require a review fee of $100.00 Plats for minor subdivisions shall require a review fee of $100.00 Appendix B-Zoning.h1kJ.e...1-Distria Regulations Sec. 24 Planned neighborhoo d design option (PND) Subsec. 24.2 Review process- General sketch plan review fee, each application ..... $100.00 Subsec. 24.8 Conditional use plan approval Subsec. 24.81 Plan approval fee, each application ... .. $200.00, plus $10.00 per acre Subsec. 24.9 Site developmen t preliminary subdivision plan review Subsec. 24.91 Preliminary plan approval fee; each $325.00, application ..... plus $20.00 per acre Subsec. 24.10 Final subdivision plat approval Subsec. 24.10 1 Fina l subdivision plat approval; each $250.00 applicat ion ..... Sec.28 Traditional Neighborhoo d Design Zone (TND) about: blank 10/02/2015

PREPARED 9/29/15, 16:07:16 CASE HISTORY REPORT PAGE l PROGRAM CE200L CASE NUMBER 15-00003079 CITY OF DOVER CASE TYPE , DATE ESTABLISHED STATUS STATUS DATE Tax Map Number ADDRESS INSPECTOR TENANT NAME TENANT NBR TALL GRASS AND WEEDS 9/12/15 INVOLUNTARY COMPLIANCE 9/22/15 ED-05-067 .15 -01-360.000-000 59 VILLAGE DR VELVET BOWEN DOVER DE 199046533 CASE DATA: FIRST SUMMONS NUMBER 15-00003079 LOCATION OF WEEDS LOT WEED HEIGHT 36 11 t NOTICE NAMES : SAMMAK,MARK J & KIMBERLY L OWNER HISTORY: SCHEDULED ACTION STATUS RESULTED INSPECTOR TIME 9/12/15 INSPECTION - FIRST COMPLETED 9/12/15 VELVET BOWEN 9/14/15 GRASS LETTER ISSUED 9/14/15 Respond to: Mr. & Mrs. sammak Date: 9/21/15 Send to: OWNER Mail tracking ff: Name/address: SAMMAK,MARK J & KIMBERLY L 579 ALLABANDS MILL RD CAMDEN WYOMING, DE 19934 Telephone: Fax: EMail: 9/14/15 GRASS CITATI ON ISSUED 9/14/15 Respond to: Mr. & Mrs . Sammak Date: 9/28/15 send to: OWNER Mail tracking ff: Name/address: SAMMAK,MARK J & KIMBERLY L 579 ALLABANDS MILL RD CAMDEN WYOMING, DE 19934 Telephone: Fax: EMail: 9/21/15 INSPECTION - SECOND COMPLETED 9/21/15 VELVET BOWEN 9/21/15 GRASS CUTTING ORDERED COMPLETED 9/21/15 NARRATIVE: Text Nick Delduca, Priority Services, to cut. 9/21/15 9/22/15 TRANSFER TO MR COMPLETED 9/22/15 NARRATIVE: 0/00/00 9/22/15 CLOSED CASE COMPLETED 9/22/15 TOTAL TIME: FINES: DESCRIPTION CHARGE PAID BILLED LIEN AMT LIEN PAID GRASS CUTTING FINE 50 .00 .00 .00 . 00 . 00

Division of QCitp of iJ.Bober Code Enforcement 15 Loockerman Plaza Phone : (302) 736-7011 Dover, DE 1990 I Fax : (302) 736-42 17 September 12, 2015 MARK J & KIMBERLY L SAMMAK 579 ALLABANDS MILL RD CAMDEN WYOMING DE 19934 RE: Property Address : 59 VILLAGE DR Tax Parcel Number : ED-05-067 . 15- 01-360 . 000-000 Case Number: 15-00003079 DEAR Mr . & Mrs . Sammak: This lett er is to notify you that your property located at 59 VILLAGE DR is in violation of the Wee d Ordinance of the City o f Dover . The Ordinance reads as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET : The Dover Municipal Code is amended by adding the fo l l owing sections under Article II , Weeds to read as follows : Sec. 114-32 Duty to contain weeds on property and maintain at a certain height . It shal l be unlawful and a nuisance for the owner, occupant or tenant of a ny premises , or any agent caring for or in charge of t he premis es , to permit any weeds , grass, underbrush, deleterious or unhealthfu l growths or other noxi ous matter to grow to a height of EIGHT (8) inches or more . Sec . 114-33 Failure to maintain weeds at proper height City Auth o r~ty ; CO?ts and lien. I (a) In the event that any owner , occupant , or tenant of any premises , or any agent caring for or in charge of the premises , within the City , shall permit any grass , weeds , underbrusn; .. . delete'r'lous or unhealthful growths or other noxious matter to grow to a height of EIGHT ( 8) inches or more as prohibited by Section 114-32 of this Code , then the He alt h Inspector or Fire Marshal or his au thorized a ge nts shall issue a citation showing a vi olation of Sec. 114-32, said citation to be served personally or by certified mail upon the owner, occupant o r tenant of the premises , or any agent caring for or in charge of the premises. The citation shall ci te the violation of this Code and shall state what corrective action must be taken and shall state the consequences for failure to take such corrective action . If the violation i s not corrected within Three ( 3) days f rom the date of personal service of the citation or within SEVEN (7) days from the date of QC01mnunitp C!Exrefl rnrr l!tf)roucrIJ Qft1rnlitp ~rruir r

Division of Qritp of iJBober Code Enforcement 15 Loockerman Plaza P hone: (302) 736-70 I I Dover, DE 1990 1 Fax: (302) 736-4217 maili ng of the citation by cert ified mail , then the City at the direction of the Health Inspector or the Fi re Marshal may remove the weeds , grass, underbrush , de l eterious or o ther unhealt h fu l growths or other noxious matter growing to a height in excess of EIGHT ( 8) inches or more in Violation of Section 114-32 of this Code and charge the responsible person $50 . 00 per hour for such work that must be done to render the property in compliance with this Ordinance. Whe n the owner , occupant or tenant of any premises , or any agent caring for or in charge of the premises has received a citation a n d failed to take corrective action , and t he City has corrected the violation in accordance with this section, then no further notificat i on shall be necessa ry fo r the City to take any further corrective action on any subsequent violations within the following twelve (12) month period starting fr om the date of the first corrective action by the City . (b) In the event that the owner , occupant , tenant or o ther agent cari ng for or in charge of the premises is deemed to be in violation of Section 1 14-32 of this Code and in the event that t he violation is corrected in compl i ance with Sub-section (a) and if the charges assessed by the City f or correcting said deficiency are not paid , then the City , after having corrected the deficiency and violation, shall place its charges and expenses a s specified in the municipal lien d oc ket as a lien against said property and the Cit y Solici tor shall be directed to enforce said lien or to collect the charges imposed by the City by any other means that he may dee m desirable and most advantageous . We sincerely request your coope ration in helping to keep the City clean b y maintain ing this type property in a wel l - kept manner , thus making our City a more pleasant p lace i n whi c h to live . Sin cerely, v~/. VELVET BOWEN Code Enforcement Officer Enclosure <!Com11rnnit2' QE:xrdicnrr W:IJrottfifJ ~trnlitp ~rruirP

Division of Code Enforcement <!Citp of i!lober 15 Loockerman Plaza Phone: (302) 736-70 J I Dover, DE 19901 Fax: (302) 736-4217 CITATION Citation # 15-00003079 MARK J & KIMBERLY L SAMMAK 579 ALLABANDS MILL RD CAMDEN WYOMING DE 19934 Location of Offense : 59 VILLAGE DR Type of Offense : TALL GRASS AND WEEDS Date of Offense: September 14, 2015 Time of Offense : 09:25 Date of Issue: September 14 , 2015 Previous Offense , If any - Date: You are hereby fined for being in violation of the City of Dover Ordinance marked (X) below . Payment must be received by The City of Dover Inspections Dept ., 15 E . Loockerman St , Dover , Delaware prior to September 28, 2015 Appeals of this citation may be submitted in writing to ~he City of Dover Inspections Department at the above address . This appeal must be made by the abo~e date and time. Failure to pay this fine may result in the City of Dover seeki~g collections through an approved collections agency. The filing of an appeal does not excuse the obligation to pay the ini tial fine . Sec . 114-34 . Fines (d) Lien . Any fines imposed pursuant to subsection (a) of this section which remain unpaid shall : (1) Be added to the ta x duplicate for the tax year said services were - ~i6vided by the city and invoiced ~s ~art of the a~nual property tax bill for said property and collected as part of the. city property ta x _ coliection process , -- and '· · · ( 2) Be- placed by the - city a'S specified in- the municipal lien docket as a lien against the property on which the viol?tion occurred , and the procedures for enforcement or collection of said lien shall· be as set out ±n section 114-33(b) . ' Fines will be doub1ed i f not paid within 14 days from· the date the fine was issued. \JeMJ ';}. VELVET BOWEN Code Enforcement Officer Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHES Sec No: 114-32 DCO GRASS/WEEDS MUST BE CUT WITHIN 7 DAYS (SEE EXHIBIT A) Fine as p e r code: $ 25.00 q}~I .. QConmmnitp QExrrIIrnrc W:lJl'OUQ(.J ~ trnlitp ~i:rbiri:

Division of Code E nforcement <!Citp of l!lober 15 Loockerman Plaza Phone: (302) 736-70 I I Dover, DE 1990 I Fax: (302) 736-4217 EXHIBIT A (of the Citation) Enclosed is a citati on issued by the Department of Inspections citing a violation of " failur e to maintain grass/weeds at a proper height" . Citation will double if no t paid withi n 14 days of the issue date. The Ordinance allows a $50 . 00 per hour fee , if we have t o arrange for the weeds and grass to be cut . This Code also provides a time period for corrective action . If the person fined does not bring the property in compliance within three (3) days , from the date of personal service o f the citation , or wi thin seven (7) days from the date of mailing of the citation , the City may remove the weeds, and charge t he respons ible person for such work that must be done to render the property in compliance with Section 114-32 , 114 - 33, and 114-34 of the City of Dover Municipal Code . The penalties for this offense are as follows : Fi rst Offense ....... . . .. . . . $ 25 . 00 Second Offense .. . ..... ... .. $ 50 . 00 Third & Subsequent ... ... . . . $ 10 0 . 00 Our offi ce maintains a list of Lawn Service Companies and Contractors , whi ch we will provide you upon request , to help you in correct i ng thi s matter . We sincerely solicit your cooperation in helping to keep the City clean by maintaining thi s type property in a we ll kep t manner , t hus making our City a more pleasant place in which to live . If we can provide any further information conce rning this matter , please feel free to contact our office at (302) 736- 7011 . (/[ommmritp QExrellenre t!CIJrou uIJ Qftualitp ~e rl.Jire

-:.• '° • ',, ,. { 1° ~ ~ '' • ·~ • .j_ I ' f ,'I ,' " ' • t •., . " ' " • ;.•, "'SENDER . "' i·COMPLETE-THISS ECrfON .... . ·: ·.-.-·-,:,..,,, ·.. )\ . '', • Complete item~ 1, 2, and 3. Also complet~ O.. ifl item 4 if Restricted Delivery is desired. l,,.J 0 Agent 0- • Print your name and address on the revers (j) D Addressee ;::) so that we can return t he card to you . • Attach this card to the back of the mailpiece, C. Date of Delivery or on the front if space permits. D. Is delivery address different from item 1? D Yes 1. Article Addressed to: If YES, enter delivery address b"0j9w: . 0 No . ~ '!~"- MARK J & KIMBERLY L SAMMAK 579 ALLABANDS MI LL RD CAMDEN WYOMING DE 19934 4. Restricted Delivery? (Extra.Fee) O Yes 2. Article Number (Transfer from service /abeQ 7 015 0 6 40 0005 6573 4719 PS Form 3811, July 2013 Domestic Return Receipt 6 'U.. ti El59 5000 On90 510l

Stein, Jody From: Marney, Patricia Sent: Wednesday, October 07, 2015 8:43 AM To: Stein, Jody Subject: Kimberly Sammak - 59 Village Drive As per our discussion Mark & Kimberly Sammak were billed $100.00 for a grass cutting charge. We have not billed grass cutting fines for this property as of today. MR450102 CITY OF DOVER 10/07/15 Invoice Inquiry 08:38:20 Customer ID ... : Name: SAMMAK, MARK & KIMBERLY Last statement . : 0/00/00 Addr: 579 ALLABAND$ MILL RD Last invoice . . : 10/01/15 CAMDEN WYOMING, DE 19934 Cu rrent balance . : 100.00 Pending . . . .. : .00 Status: A ACTIVE Type options, press Enter. l=Select 6=Reprint Invoice Opt Date Invoice# Current Overdue Total billed 10/01/15 8624 100.00 .oo 100.00 This charge is related to the following: CASE 15-3079 LOCATION 59 VILLAGE DRIVE Grass Cut Date: 9/21/15 Tr-~ Patricia M. Marney Billing Department Supervisor City of Dover 5 East Reed Street Dover, DE 19901 302-736-7042 phone 302-736-7193 fa x 1

Invoice Bill To: Invoice#: 2731 City of Dover Date: 9/29/201S Division of Code Enforcement PS Job#: Attn: Matthew Brown Customer#: lS loockerman Plaza P.O. #: Dover, DE 19901 Due Date: 10/29/201S Terms: Net/30 days Period Of Performance: Sep-l S INVOICE SUMMARY Service location/Oates Quantity Rate Amount Mowing designated area: Landscaping Mainte nance 1.00 $100.00 $100.00 Date Cut: S9 Village Drive Start Time: 2:10 pm End Time: 3:00 pm L...ID 1%~ CJ\-S€ (5. ooc:ro3o1q ED-Cl5-t:xc,7.\5-ot ... ~n '000 - c::JX) ' ' ' ' .... -~ , ..,,,,.......,,. ..... ,. -.·· 1•11U Please send payments to : 70 Albe Drive, Newark, DE 19702. If you have any Invoice Total $100.00 questions, please call (302) 444-8171. Thank you for your business! Please Pay This Amount 70 Albe Drive Newark, DE 19702

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