Anexo

PROPERTY MAINTENANCE CODE BOARD OF APPEALS AGENDA JANUARY 28, 2015 - 2:30 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. APPEAL OF PROPERTY MAINTENANCE CODE CITATION (CHAPTER 3 - GENERAL REQUIREMENTS, SECTION 302 - EXTERIOR PROPERTY AREAS, 302.1 - SANITATION OF THE 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE) - 303 WEST DIVISION STREET (WAYNE C. TRADER) 2. ADJOURNMENT BY 3:30 P.M. /js S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Agendas\PROPERTY MAINTENANCE CODE BOARD OF APPEALS\01-28-2015 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.

Qtttp of 11Bober January 8, 2015 Mr. Wayne Trader P.O. Box 303 Smyrna, DE 19977 RE: Appeal of Property Maintenance Code Citation #14-0004513 - 303 West Division Street Dear Mr. Trader: I have received your request to appeal Citation # 14-0004513 related to a violation of Chapter 22 - Buildings and Building Regulations, Article VII - Property Maintenance Code, Section 22-221- Adopted, The International Property Maintenance (IPM) Code, 2009 - Section 302.1 - Sanitation at 303 West Division Street, Dover, Delaware. SECTION 302 - EXTERIOR PROPERTY AREAS 302.1 Sanitation. All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occupant shall keep that part of the exterior property which such occupant occupies or controls in clean and sanitary condition. A meeting of the Property Maintenance Code Board of Appeals has been scheduled for Wednesday, January 28, 2014 at 2:30 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your appeal. Please contact me upon receipt of this letter at (302) 736-7008 or by email at cityclerk@dover.de.us to confirm your attendance. Please let me know if you have any questions or concerns regarding your appeal. Sincerely, Traci A. McDowell, CMC City Clerk TAM/js cc: Ann Marie Townshend Scott Koenig, City Manager Nicholas Rodriguez, City Solicitor P.O. Box 475 +Dover, Delaware •>19903 QCommunitp ~xceUence m:brougb <mualitp ~erbice

Dover, DE Code of Ordinances Page 1of1 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. of4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010) about: blank 01/07/2015

CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 property in violation and cut and destroy the weeds growing GENERAL thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for 302.5 Rodent harborage. All structures and exterior property maintenance of structures, equipment and exterior property. shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by 301.2 Responsibility. The owner of the premises shall main- approved processes which will not be injurious to human tain the structures and exterior property in compliance with health. After pest elimination, proper precautions shall be these requirements, except as otherwise provided for in this taken to eliminate rodent harborage and prevent reinfestation. code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers and safe condition and which do not comply with the require- shall not discharge gases, steam, vapor, hot air, grease, smoke, ments of this chapter. Occupants of a dwelling unit, rooming odors or other gaseous or particulate wastes directly upon abut- unit or housekeeping unit are responsible for keeping in a ting or adjacent public or private property or that of another ten- clean, sanitary and safe condition that part of the dwelling unit, ant. rooming unit, housekeeping unit or premises which they 302.7 Accessory structures. All accessory structures, includ- occupy and control. ing detached garages, fences and walls, shall be maintained 301.3 Vacant structures and land. All vacant structures and structurally sound and in good repair. premises thereof or vacant land shall be maintained in a clean, 302.8 Motor vehicles. Except as provided for in other regula- safe, secure and sanitary condition as provided herein so as not tions, no inoperative or unlicensed motor vehicle shall be to cause a blighting problem or adversely affect the public parked, kept or stored on any premises, and no vehicle shall at health or safety. any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. SECTION 302 EXTERIOR PROPERTY AREAS Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such 302.1 Sanitation. All exterior property and premises shall be work is performed inside a structure or similarly enclosed maintained ill a clean, safe and sanitary condition. The occu- area designed and approved for such purposes. pant shall keep that part of the exterior property w.hich such occypantQ_rnupies or controls in a clean and sanitary condition. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of 302.2 Grading and drainage. All premises shall be graded any structure or building on any private or public property by and maintained to prevent the erosion of soil and to prevent the placing thereon any marking, carving or graffiti. accumulation of stagnant water thereon, or within any structure located thereon. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept SECTION 303 in a proper state of repair, and maintained free from hazardous SWIMMING POOLS, SPAS AND HOT TUBS conditions. 303.1 Swimming pools. Swimming pools shall be maintained 302.4 Weeds. All premises and exterior propertyshall be main- in a clean and sanitary condition, and in good repair. tained free from weeds or plant growth in excess of Qurisdic- 303.2 Enclosures. Private swimming pools, hot tubs and spas, tion to insert height in inches). All noxious weeds shall be containing water more than 24 inches (610 mm) in depth shall prohibited. Weeds shall be defined as all grasses, annual plants be completely surrounded by a fence or barrier at least 48 and vegetation, other than trees or shrubs provided; however, inches (1219 mm) in height above the finished ground level this term shall not include cultivated flowers and gardens. measured on the side of the barrier away from the pool. Gates Upon failure of the owner or agent having charge of a prop- and doors in such barriers shall be self-closing and self-latch- erty to cut and destroy weeds after service of a notice of viola- ing. Where the self-latching device is less than 54 inches (1372 tion, they shall be subject to prosecution in accordance with mm) above the bottom of the gate, the release mechanism shall Section 106.3 and as prescribed by the authority having juris- be located on the pool side of the gate. Self-closing and self- diction. Upon failure to comply with the notice of violation, latching gates shall be maintained such that the gate will posi- any duly authorized employee of the jurisdiction or contractor tively close and latch when released from an open position of 6 hired by the jurisdiction shall be authorized to enter upon the inches (152 mm) from the gatepost. No existing pool enclosure 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 11

January 5, 2015 Division of Code Enforcement 15 Lockerman Plaza JAN 0 5 2015 Dover, DE 19901 OFFICE OF THE CITY CLERK Citation #14-00004513 Wayne Trader P.O. Box 303 Smyrna, DE 19977 The above citation" ···Violation: (X) Failure to properly dispose of trash and debris···" is herein appealed. W. Trader

U.S. Postal Servicen.i CERTIFIED MAIL,, RECEIPT ..a (Domestic Mail Only; No.lnsuran&e Coverage Provided) D <O s D l'- 0 -FICI s Postage $ r'I nillod Fee ' ·) ru D ··~~6• rte " Return Receipt Fee D (Endorsement Required) Hee D Restricted Delivery Fee (Endoraemenl Required) D LJ") ..-'! D Total Postage & Fees $ s WAYNE TRADER 8 PO BOX 303 I'- SMYRNA DE 19977

Division of Code Enforcement <!Citp of 1!\ober 15 Loockerman Plaza Phone: (302) 736-7011 Dover. DE 1990 I Fax: (302) 73(1-42 17 SECOND NOTICE December 30, 2014 WAYNE C TRADER PO BOX 303 SMYRNA DE 19977 RE: Property Address: 303 W DIVISION ST Tax Parcel Number : ED-05-076.08-05-270.000-000 Case Number: 14-00004513 Dear Mr. Trader: On December 16, 2014, the City of Dover, Department of Inspections conducted an inspection at 303 W DIVISION ST. The inspection revealed one or more City Code Violations on the property. Attached is the violation found. up inspection was conducted and the violation still remains. Failure e property brought into compliance with the City Codes b 'Ci!ilfiiiil[:" · 11 result in a citation being issued, and if the property is a rent a l un it , may result in suspension of the rental license. Fines may be as high as $1, 000. 00 per day for each day that the violation exists. The City reserves the right to abate the violation and lien the property for the cost of clean up. Please contact this office with a date and time to conduct your re-inspection. You are not required to contact this office if the re-inspection is for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice , please contact me at (302) 736-7011. If a citation is enclosed it must be paid within 14 days of issued date or it automatically doubles. VELVET BOWEN Code Enforcement Officer cc: File <1:omnumitp Q:Exrrllrnrr \!rIJrottgIJ ®unhtp ~rrbirr

VIOLATION DETAIL PAGE 1 CASE NUMBER 14-00004513 PROPERTY ADDRESS 303 W DIVISION ST VIOLATION: 717 QUANTITY: 1 DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 12/17/14 LOCATION: CURB/STREET NARRATIVE : Remove and properly dispose of junk, litter and debris placed along the curb on N. New St. You may contact the City of Dover Public Works at 736-7025 to make arrangements for pick up, however there will be a charge of $100.00. All loose items have to be properly bagged or in a container. ORDINANCE DESCRIPTION : , SECTION PM 302.1 GENERAL REQUIREMENTS/SANITATION CORRECTIVE ACTION REQUIRED : REMOVE GARBAGE, TRASH AND/OR JUNK AND DEBRIS FROM EXTERIOR PROPERTY AREAS

Division of <{itp of lJBober Code Enforcement 15 Loockerman Plaza Phone: (302) 736-70 l l Dover, DE 1990 l Fax: (302) 736-4217 OFFICIAL CITATION Citation # 14-00004513 WAYNE C TRADER PO BOX 303 SMYRNA DE 19977 Location of Offense: 303 W DIVISION ST Type of Offense: PROPERTY MAINTENANCE-EXTERIOR Date of Offense: December 30, 2014 Time of Offense: 15:19 Date of Issue: December 30, 2014 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 Loockerman Plaza, Dover, Delaware prior to January 14, 2015. Appeals of this citation may be submitted in writing to the City of Dover Inspections Department at the above address. This appeal must be made by the above date and time. Failure to pay this fine may result in the City of Dover seeking collections through an approved collections agency with a collection fee of 35%. The filing of an appeal does not excuse the obligation to pay the initial fine. If the violation is not corrected, the City reserves the right to use its own resources or those of a contractor to abate the below violation(s) and to bill the owner of the property for such cost plus administrative fees. Fines will be doubled if not paid within 14 days from the date the fine was issued. v~oP~ VELVET BOWEN Code Enforcement Officer Violation: (X) Failure to properly dispose of trash and debris. Sec No: DCO 22-221/2009 IPMC Section 302.1 Fine as per code: $100.00 or rY\USt \')L l\ 11 t5 -ck l 2) ?, I - CVX ( ffi '\-{ y ba,'V\ffJ ~pwJJwf · <!Communitp QExrrllrnrr W:IJroucrh ®unhtp ~rr\.lirr

Division of Code Enforcement Q[ttp of l!lober l 5 Loockerman Plaza Phone: (302) 736- 7011 Dover. DE 19901 Fax: (302) 736-4217 December 17, 2014 WAYNE C TRADER PO BOX 303 SMYRNA DE 19977 RE : Property address: 303 W DIVISION ST Tax Parcel Number: ED-05-076.08-05-270.000-000 Case Number: 14-00004513 Dear Mr. Trader: On December 16, 2014, the City of Dover, Department of Inspections conducted an inspection at 303 W DIVISION ST. Attached is the Code violation found during the inspection. A follow up inspection must be conducted by 2014, to ensure compliance. Please contact this office with a date and time convenient for you to conduct the re-inspection. You are not required to contact this office if the re- inspect ion is for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice, please contact me at (302) 736-7011. VELVET BOWEN Code Enforcement Officer cc: File <fo1mmmitp QE:xrelknre \!CIJronglJ ®trnlitp ~eruire

VIOLATION DETAIL PAGE 1 CASE NUMBER 14-00004513 PROPERTY ADDRESS 303 W DIVISION ST VIOLATION: 717 QUANTITY: 1 DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 12/17/14 LOCATION: CURB/STREET NARRATIVE : Remove and properly dispose of junk, litter and debris placed along the curb on N. New St. You may contact the City of Dover Public Works at 736-7025 to make arrangements for pick up, however there will be a charge of $100.00. All loose items have to be properly bagged or in a container. ORDINANCE DESCRIPTION : SECTION PM 302.1 GENERAL REQUIREMENTS/SANITATION CORRECTIVE ACTION REQUIRED : REMOVE GARBAGE, TRASH AND/OR JUNK AND DEBRIS FROM EXTERIOR PROPERTY AREAS

Bowen, Velvet From: Heesh, Carol Sent: Wednesday, December 17, 2014 10:50 AM To: Bowen, Velvet; ONeal, Carolee Subject: RE: Trash pick up price Good Morning, John, with our Sanitation dept., has priced this location at $100.00- for bulk pick-up . Thanks! Thank you, ewwi~~fi Administrative Assistant City of Dover Public Works (302) 736-7025 Email: cheesh@dover.de.us From: Bowen, Velvet Sent: Tuesday, December 16, 2014 3:38 PM To: ONeal, Carolee; Heesh, Carol Subject: Trash pick up price Hi Ladies, Can you please give me a price for the attached to be picked up. It is right before 16 N New St. It sits in front of a vacant lot. Thanks so much! 1Jetuet2. ~~ City of Dover, Delaware Code Enforcement Officer Inspector I 302-736-7011 1

WebQA-DOVERDE-Ron Coburn Page 1of1 W006628-121214 - Property Code Violation Property Code Violation Details Property Code Violation Details Location: Corner of S New St and Route 8 - piles of trash on each corners of Route Please give us an 8, mattress and furniture sitting out that needs to be picked up Complaint address was made by someone riding by the location or brief description of location Message History Date IOn 12/12/2014 9:41:20 AM, Kristen Mullaney wrote: Request was created by staff Request Details Reference No: W006628-121214 Created By: Kristen Mullaney Create Date: 12/12/2014 9:41 AM Update Date: 12/12/2014 9:41 AM Completed/Closed: No Required Completion Date: 12/15/2014 Status: New Request Priority: High Assigned Dept: Planning and Inspections Assigned Staff: Tim Taraila Customer Name: Anonymous User Anonymous User Email Address: None Phone: Group: (Not Specified) Source: Phone -'t SQJ\ t- fo PLLb LI c_ LDor\'-s -t'u a pn u_ to P (l_ L LL{) . 1 ' http://mygovhelpadmin.com/DOVERDE/ZAdmin/ServiceRequests/Print.aspx?id=6628&. .. 12115/2014