CPMCBA PACKET REVISED

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Thursday, April 15, 2021 at 4:00 PM Virtual via WebEx AGENDA Revised to change meeting time from 3:30 PM to 4:00 PM VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/twilkb Event number: 129 647 6220 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. ADOPTION OF AGENDA 1. Property Maintenance Code Violation (Chapter 114 - Vegetation - Article I - In General, Section 114.2(h)(2) - Pruning and removal) - Appeal of Citation - 897 Woodcrest Drive (Robert Revels) ADJOURNMENT 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 1

Dover, DE Code of Ordinances Page 2 of3 Item 1. 30 feet to any street corner and no closer than ten feet to any fireplug. (g) Utilities. Only trees listed as small to medium shall be planted under power lines; and no trees shall be planted within five feet of any underground water line, sewer line, transmission line or other utility. Prunmg CJnaremovaZ (1) It shall be unlawful as a normal practice for any person to top any street or public tree. For the purposes of this subsection, the term "topping" means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires may be exempted from this subsection at the determination of the superintendent of grounds. ~....,;,.,;o..;...;.;::..:_g~;.,;.-;; •.••...•.•••.••..•.•••.•..•..•••.••• """",,,~ .•••.•..••.••..••• __ •.••... ..o;;......; ••••••••••••••••••. ~e following suffident heights to """""'......"" ..•..•. ' ....••.• affic: (3) All cuts shall be made with a saw or pruner and only at the nodes or crotches. No stubs shall be left. (4) All dead, crossed and rubbing branches shall be removed. (5) All tools being used on a tree suspected to be infected with a contagious disease shall be disinfected before being used on another tree. (6) Whenever streets are to be blocked off to public service, the police and fire departments shall be notified of the location and length of time the street will be blocked. (7) The stumps of all removed trees shall be cut to at least three inches below ground level. (i) Spraying. (1) Suitable precautions shall be taken to protect the public when spraying is being done. (2) Spraying shall be done only for the control of specific diseases or insects with the proper materials in the necessary strength and applied at the proper time to obtain the desired control. All spraying practices shall conform to federal and state regulations. 2 about:blank 3/24/2021

Item 1. City of Dover March 26, 2021 Mr. Robert Revels 897 Woodcrest Drive Dover, DE 19904 Re: Appeal of Violation #21-00000334 - 897 Woodcrest Drive, Dover, Delaware Mr. Revels: I have received your request to appeal the violation of the Dover City Code of Ordinances - Chapter 114 - Vegetation - Article 1 - In General, Section 114.2(h)(2) at 897 Woodcrest Drive, Dover Delaware. Section 114.2(h)(2) of the Dover Code states the following: Section 114.2(h)(2) Pruning and removal. 114.2(h)(2) All large or established trees shall be pruned to the following sufficient heights to allow the free passage of pedestrians and vehicular traffic: a. Eight feet over sidewalks; and b. Fourteen feet over streets. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, April 15, 2021 at 3:30 p.m. to hear your appeal. This meeting will be held through WebEx and may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting. Please feel free to contact me by email at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-408-418-9388 Link: https://rb.gy/twilkb Event Number/Access Code: 129 647 6220 Event Password: DOVER Sincerely, Megan Ramsey Administrative Assistant TAM/mr S:\APPEALS\2021\6. 897 Woodcrest Drive - Appeal - Robert Revels - Trees\Receipt of Appeal - Pruning and Removal - 897 Woodcrest Drive.wpd cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor David Hugg, Director of Planning and Community Development Eddie Kopp, Inspector Velvet Bowen, Inspector P.O. Box 475 ˜ Dover, Delaware ˜19903 3 Community Excellence Through Quality Service

Item 1. From: Revels, Robert (DTI) To: City Clerks Office Subject: Appeal of Code Violation Case Number 21-00000334 Date: Wednesday, March 24, 2021 1:20:17 PM To: City of Dover Division of Code Enforcement From: Robert Revels 897 Woodcrest Drive RE: Appeal of Code Violation 726 Case Number 21-00000334 This is an Appeal of Code Violation 726 and the ensuing fine of $50 based on insufficient notice of the violation and deadline. Here are the facts as known by the owner, Robert Revels. 1. I trimmed my trees on August 2020 after the tornado. Please note the two photos attached labeled “August 2020 Tree Trimming”. 2. The first Notice of Violation was generated by the Division of Code Enforcement on January 29, 2021. I did not receive the letter, sent via US Mail, until the end of February. That did not allow me time to satisfy the compliance date of February 17. Please note the inspection photo attached labeled “Pre-Trimming”. 3. A second Notice was generated by the City on February 17 which gave a second compliance deadline of March 10. I received that Notice, sent via US Mail, in mid-March but after that deadline had already passed. 4. A Certified Letter was issued on March 10 that levied a fine of $50 to be paid prior to March 25. I got the letter but nobody in the household signed for it. I would like to know who signed for that Certified Letter. 5. I completed all findings of the Code Violation by March 16. Please note the photo attached labeled “3-16-2021 Tree Trimming Completed”. 6. The delay in receiving the Notices sent via US Mail did not allow sufficient time for me to satisfy the Code Violation by the February 17 and March 10 compliance deadlines. I have lived at 897 Woodcrest Drive since 1972 and I have always maintained my property well. I have never been cited for any violations in all those years. Had I known about the violation in a timely manner, I would have certainly complied by the deadline. The inadequacy of US Mail delivery is at fault for my inability to comply by the deadline. The Violation has been corrected and I appeal to the City to waive the $50 fine based on circumstances beyond my control. Thank you for your consideration, 4

Item 1. Robert G. Revels Jr. Rob Revels DTI Phone 302.739.9603 Fax 302.677.7019 5

Item 1. Division of ([itp of mober Code Enforcement 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-4217 January 29, 2021 ROBERT G JR REVELS 897 WOODCREST DR DOVER DE 19904 RE: Property address: 897 WOODCREST DR Tax Parcel Number: ED-05-067.11-01-380.000-000 Case Number: 21-00000334 Dear Sir/Madam: On January 29, 2021, Code Enforcement Officer Velvet Bowen from the City of Dover, Department of Inspections conducted an inspection at 897 WOODCREST DR. Attached are the Code violations found during the inspection. A follow up inspection must be conducted by February 17, 2021, to ensure compliance. If you have any questions or would like to appeal this notice, please contact me at (302) 736-7011. If a Citation is enclosed it must be paid for within 14 days of issued date or it automatically doubles. Sincerely, VELVET BOWEN Code Enforcement Officer cc: File 7 ~ommunitp Qfxcellence mbrougb <laualitp ~erbic£

VIOLATION DETAIL PAGE 1 . Item 1. CASE N'uMBER 21-00000334 PROPERTY ADDRESS 897 WOODCREST DR VIOLATION: 726 QUANTITY: 1 DESCRIPTION: 726 PRUNE TREES/SHRUBS DATE: 1/29/21 LOCATION: ALLEY NARRATIVE : Cut back all trees and shrubbery to provide an 8 clearance over all points of the sidewalk. ORDINANCE DESCRIPTION : DCO SECTION 114-2 (h) (2) CORRECTIVE ACTION REQUIRED : PRUNE TREES/SHRUBS TO ALLOW FREE PASSAGE. All large or established trees shall be pruned to the following sufficient heights to allow the free passage of pedestrians and vehicular traffic: a. Eight feet over sidewalks; and b. Fourteen feet over streets. 8

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Item 1. Division of Code Enforcement qcttp of mober 15 Loockennan Plaza Phone: (302) 736-70 II Dover, DE 19901 Fax: (302) 736-4217 SECOND NOTICE February 17, 2021 ROBERT G JR REVELS 897 WOODCREST DR DOVER DE 19904 RE: Property Address: 897 WOODCREST DR Tax Parcel Number: ED-05-067.11-01-380.000-000 Case Number: 21-00000334 Dear Sir/Madam: On January 29, 2021, Code Enforcement Officer Velvet Bowen from the City of Dover, Department of Inspections conducted an inspection at 897 WOODCREST DR. The inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. A follow up inspection was conducted, and the violation (s) still remain. Failure to have the property brought into compliance with the City Codes by March 10, 2021 will result in a citation being issued, and if the property is a rental unit, 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. If you have any questions or would like to 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. Sincerely, VELVET BOWEN Code Enforcement Officer cc: File 10 ~ommunitp Qfxct[lence ijJ;brougb ~ualitp ~erbi(e

VIOLATION DETAIL PAGE 1 ,.. Item 1. CASE NUMBER 21-00000334 PROPERTY ADDRESS 897 WOODCREST DR VIOLATION: 726 QUANTITY: 1 DESCRIPTION: 726 PRUNE TREES/SHRUBS DATE: 1/29/21 LOCATION: ALLEY NARRATIVE : Cut back all trees and shrubbery to provide an 8 clearance over all points of the sidewalk. ORDINANCE DESCRIPTION : DCO SECTION 114-2 (h) (2) CORRECTIVE ACTION REQUIRED : PRUNE TREES/SHRUBS TO ALLOW FREE PASSAGE. All large or established trees shall be pruned to the following sufficient heights to allow the free passage of pedestrians and vehicular traffic: a. Eight feet over sidewalksi and b. Fourteen feet over streets. 11

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Item 1. u.s. Postal ServiceTM CERTIFIED M}i\ILTMRECEIPT ru (Domestic Mail Only; No Insurance Coverage Provided) ru .::t" I"- U1 <0 o Postage $ 1---------------1 .-=I Certified Fee .-=I CJ Return Receipt Fee o (Endorsement Required) D ~--+-----~~ Restricted Delivery Fee o (Endorsement Required) l f-+ -/-."..--.J...:1'iff.::--i U1 .-=I D .::t" Tot • ROBERT G RE,¥ELS.JR .( I' )~ .-=I o I"- 897 WOODCREST D'R DOVER DE 19904 '_ 13

Item 1. Division of QCitp of ' mober Code Enforcement 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-4217 OFFICIAL CITATION Citation # 21-00000334 ROBERT G JR REVELS 897 WOODCREST DR DOVER DE 19904 Location of Offense: 897 WOODCREST DR Type of Offense: DOVER CODE OF ORDI~ANCES Date of Offense: March 10, 2021 Time of Offense: 15:24 Date of Issue: March 10, 2021 Previous Offense, If any - Date: 2/17/2021 & 1/29/2021 You are hereby fined for being in vi.olation 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 March 25, 2021. Appeals of this citation may be submitted in writing to the City of Dover Inspections Department at the above ajdress. This appeal must be made within 30 days of the date of the offense. 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%. 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 or if an appeal is not submitted within 14 days from the date the fine was issued. VELVET BOWEN Code Enforcement Officer Violation: (X) FAILURE TO PRUNE TREES OVER SIDEWALK. Sec No: DCO 114-2 (h) (2) Fine as per code: $50.00 14 q[ommunitp ~X(eUen(e mbrougb ~ualitp ~el'tJi(e

Item 1. Division of Code Enforcement QCitp of 11Bober 15 Loockerman Plaza Phone: (302) 736-701 I Dover, DE 1990 I Fax: (302) 736-4217 THIRD NOTICE March 10, 2021 ROBERT G JR REVELS 897 WOODCREST DR DOVER DE 19904 RE: Property Address: 897 WOODCREST DR Tax Parcel Number: ED-05-067.11-01-380.000-000 Case Number: 21-00000334 Dear Sir/Madam: On January 29, 2021, the City of Dover, Department of Inspections conducted an inspection at 897 WOODCREST DR. The inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. A re-inspection revealed that the violation(s)remain. Enclosed is a Citation for failure to correct the violation(s) If the property is a rental unit, an additional $50.00 re-inspection fee has been enclosed. Citations will double if not paid within 14 days of the issue date. An additional inspection will be conducted by April 01, 2021. Failure to comply will result in an additional citation and if the property is a rental unit, may result in the suspension of the rental license. Contact this office to schedule your inspection. If you have any questions or would like to schedule your inspection or appeal this notice, please contact this office at (302) 736-7011. Sincerely, VvJNit /. ~ VELVET BOWEN Code Enforcement Officer cc: File 15 QI:ommunitp ~x(£lleJt(e 'Orbrougb <!aualitp ~ertJi(e

VIOLATION DETAIL PAGE 1 Item 1. CASE NUMBER 21-00000334 PROPERTY ADDRESS 897 WOODCREST DR VIOLATION: 726 QUANTITY: 1 DESCRIPTION: 726 PRUNE TREES/SHRUBS DATE: 1/29/21 LOCATION: ALLEY NARRATIVE : Cut back all trees and shrubbery to provide an 8 clearance over all points of the sidewalk. ORDINANCE DESCRIPTION : DCO SECTION 114-2 (h) (2) CORRECTIVE ACTION REQUIRED : PRUNE TREES/SHRUBS TO ALLOW FREE PASSAGE. All large or established trees shall be pruned to the following sufficient heights to allow the free passage of pedestrians and vehicular traffic: a. Eight feet over sidewalks; and b. Fourteen feet over streets. 16

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