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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, July 08, 2024 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/76u7jm
Event number: 2538 794 5866
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Dr. Pillsbury
ADOPTION OF AGENDA
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single
roll call vote of the Council. There will be no separate discussion of these items unless a member of
Council so requests, in which event the matter shall be removed from the Consent Agenda and considered
a separate item.
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REGULAR CITY COUNCIL MEETING - July 08, 2024 PAGE 2
CONSENT AGENDA
ADOPTION OF MINUTES
1. Regular City Council Meeting of June 24, 2024
COMMITTEE REPORTS
2. Council Committee of the Whole Report June 25, 2024
Utility Committee
3. Annual Review and Approval of Governing Policy for Energy Commodity Risk
Management (David S. Hugg, III, City Manager, and Paul Waddell, Electric
Director)
(Committee Recommendation: Approval of Governing Policy for Energy Commodity
Risk Management as presented.)
Legislative, Finance, and Administration Committee
4. Proposed Ordinance #2024-27 – Amending Appendix F – Fees and Fines: Chapter 82
– Planning, Appendix A – Subdivisions, Appendix B – Zoning (David S. Hugg, III,
City Manager, and Dawn Melson-Williams, Principal Planner)
(Committee Recommendation: Approve Proposed Ordinance #2024-27. )
5. Update on Joint Use Agreement with Dover Air Force Base (DAFB) (David S. Hugg,
III, City Manager)
(Committee Action Not Required)
MONTHLY REPORTS - May 2024
6. City Council’s Community Enhancement Fund Report
7. City Manager’s Report
8. Controller/Treasurer's Budget Report
9. Fire Chief's Report
10. Police Chief's Report
ITEMS NOT ON THE CONSENT AGENDA
11. Title VI Requirements and Proposed Procedures (Jason Lyon, Water/Wastewater
Director)
(Staff Recommendation: Implement the proposed procedures to comply with
Environmental Protection Agency requirements to obtain Federal funding.)
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REGULAR CITY COUNCIL MEETING - July 08, 2024 PAGE 3
ORDINANCES
FIRST READING - The First Reading is offered on the Proposed Ordinance. Final action by
Council will take place during the Second Reading on JULY 22, 2024. The ordinance is available at
the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 302-736-7008 or cityclerk@dover.de.us.
12. Proposed Ordinance #2024-27 – Amending Appendix F – Fees and Fines: Chapter 82 –
Planning, Appendix A – Subdivisions, Appendix B – Zoning (David S. Hugg, III, City
Manager, and Dawn Melson-Williams, Principal Planner)
(Staff Recommendation: Approve Proposed Ordinance #2024-27.)
FINAL READING - The First Reading of the Proposed Ordinance was accomplished during the
Council Meeting of JUNE 24, 2024. The ordinance is available at the entrance of the Council Chambers
and on the City's website at www.cityofdover.com under "Government."
13. Proposed Ordinance #2024- 22 - Amending Chapter 26 - Businesses, Article II - Licenses,
and Appendix F - Fees and Fines (David S. Hugg, III, City Manager)
(Staff Recommendation: Approval of Proposed Ordinance #2024-22)
14. Proposed Ordinance #2024- 23 - Amending Chapter 106 - Traffic and Vehicles, Article I -
In General, Sec. 106-14. - Off-road Motor Vehicle Regulations (Council President
Anderson)
(Staff Recommendation: Approval of Proposed Ordinance #2024-23)
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
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
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Item #1.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on June 24, 2024, at 6:30 p.m. with Council
President Anderson presiding. Council members present were Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Dr. Sudler (in at 6:20 p.m.), and Mr. Lewis (out at 8:25
p.m.). Mr. Hare was absent.
Staff members present were Police Chief Johnson, Ms. Marney, Mr. Hugg, Ms. Melson-
Williams, Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:16 p.m., prior to commencement of the Official Council Meeting.
Council President Anderson declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Christina Kober, a City of Dover retiree, stated that. whatever option council chooses, they are
thankful for the opportunity to have open discussions regarding the Cost-of-Living Adjustments.
Alfreda Fisher Dean, 728 Bicentennial Boulevard, Dover, stated that a transformer knocked out
her stereo equipment and found in speaking to Councilman Rocha that a squirrel caused the
damage. She explained that if she was in a car accident and she hit one of the transformers and
her car had to be repaired, their insurance would have to cover the cost, with no questions asked.
Ms. Dean explained that she received a letter and that their insurance company refused her claim.
She had spoken with Mr. Dill who is a budget analyst, and was told that he would file the claim,
which he did. She feels that the city should see that she gets a new stereo system because she did
not ask for this. Ms. Dean inquired about whether the city has a surge protector with the electric
department in case this happens again. She noted that she did send a picture of the stereo
equipment and the receipt when it was purchased. Ms. Dean feels that it should not be her
responsibility to purchase another stereo equipment. She feels that the city should do something
to help her get this.
John Van Gorp, Vice President at Bay Health, 640 East South State Street, Dover, stated that he
wanted to thank the council members for working and collaborating with Bay Health. He
appreciated the camaraderie, responsiveness, and willingness to help with important health issues
for the community and hoped to return the favor. Mr. Van Gorp believed that they have a good
cordial relationship and wanted to extend his thanks for that. Hopefully, they can continue open
communication with each other.
Amber Embert, manager at Puffsters, 115 West Loockerman Street, Dover, stated that she spent
last Thursday making a loop around downtown Dover to petition the city’s stance in proposing to
not allow retail marijuana stores or product manufacturing facilities. She has been receiving an
overwhelming amount of support from downtown businesses who believe they should be able to
transition their stores to retail marijuana stores, under the law, and only two businesses did not
sign for the same reason. Mr. Todd Stonesifer because he is the president of Downtown Dover
Partnership and cannot take a political stance, and the Army Navy store because they have not
taken any stances or appeared in the media for any issues for over 60 years. Both owners were
adamant that they could relate and that they would not advocate against our goal by any means.
She noted that some city officials are leaning towards not supporting retail marijuana stores
downtown because they do not see the reason for these stores to be placed downtown. Many
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choose to live downtown to have easy and walkable access to nearby stores. Putting a ban in
place means these people will have to commute further away for retail marijuana when they
choose to move downtown for the convenience it provides. She further explained not everyone
who stops at a retail marijuana store will be buying marijuana for just a fun relaxing time, for
many it is for medical reasons, and did not choose to get a medical card because of the cost, the
hassle, or the restriction due to not having a qualifying medical condition. There is no medical
marijuana store in Downtown Dover currently and these people should not be denied access to
their medicine when they have a good business, such as Puffster, willing to step in and fulfill a
community need.
Nicole Chick, owner of Puffsters, 115 West Loockerman Street, Dover, explained that there is no
argument worth justifying taking away their right to conduct a legal business in the city.
Research consistently shows marijuana is not a gateway drug. Downtown Dover does have a
heroin problem. Ms. Chick stated that those bad apples are not creating issues downtown due to
marijuana. One concern that was brought forward was that there are many security measures
retail marijuana stores must take that are already in the new HB-2 law, such as having a locked
entry. The store immediately tells anyone loitering to move along, not only in front of their
business but for years they have had agreements with nearby businesses and enforce their no
loitering policies as well as staying open after hours seven (7) days a week. It is not fair to
discriminate against marijuana, and with the new lawsuits, no one can have marijuana or
marijuana products displayed in a way that is visible to the public. The law also states that it is
illegal to smoke marijuana in public, so the marijuana would be packaged in safe friendly
packaging so there would be no odors, and no marijuana odors inside or outside of the boutique
store.
INVOCATION
The invocation was given by Elder Ellis B. Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Neil.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously
carried (Hare absent).
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda. The motion was seconded by Dr.
Pillsbury and carried by a unanimous roll call vote (Hare absent).
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PUBLIC HEARING – ELECTRIC FUND BUDGET
Mr. Paul Waddell, Electric Director, briefed members on the Electric Fund Budget.
Responding to Dr. Sudler, Mr. Waddell expressed his concerns regarding the age of the
substation transformers, a key line item in the budget for a system study. He put a request for
information into about six (6) or seven (7) companies back in December. By January, he
received multiple quotes, with a budgetary figure of $750,000 based on models from other cities’
system studies. He explained that the scope of the study encompassed 15 separate items that
included the distribution system, transmission system, the impact of EVs, the impact of solar
penetration, and wind turbines. The distribution transformers alone can cost between $1 million
to $2 million each, depending on the size needed. The system study aims to project future needs
based on whether they have full electrification, 50%, and 25% adoption, and that will let them
choose the size of the substation transformers accordingly. Mr. Waddell emphasized that the
system study is crucial for strategic planning and to prevent the costly mistake of purchasing new
transformers shortly after acquiring ones that turn out to be inadequately sized.
Responding to Dr. Sudler, Mr. Waddell stated that there is a lot of new technology out there. He
explained that another facet of the system study was looking back at the feasibility of it, is it the
latest and greatest technology and a good fit for their system. The CO-OP may benefit from
system regulators and auto reclosers, but they have very long feeders. They do not have but
maybe one or two long feeders that would be a good candidate for that technology and to put $2
to $3 million into putting that into their city would be an overkill and it would be redundant
when they can just use simple fusing.
Responding to Mr. Lewis, Mr. Waddell stated that it was a combination of both staff calculations
and the rate study contractor. He has the tools that the rate study analyst provided and was able
to put the data in the security lighting and the LED roadways. They have replaced those from
high-pressure sodium and mercury vapors with LED. That cut consumption by 75%. All that rate
encompassing is projected energy usage and that is what is shown in the new rates and tariffs.
Responding to Mr. Neil, Ms. Marney stated that it is an overestimate for those that have not been
collected because they do have some larger commercial customers. She noted that the figure is
roughly $100,000 a year that is written off, and that is for all utility receivables, not just for
electric but also for water and trash.
Responding to Mr. Neil, Ms. Marney explained that several years ago they used a convenience
fee through Choice Pay. Customers would use their credit cards online to pay their bills and
would have to pay a $4.95 fee when they paid. This would help offset the merchant services
charges. She noted at the time, they had a lower percentage of individuals using credit cards and
eCheck payments. There is a reflection of changes that happened during the pandemic with using
more credit card services in digital services and reflected the bank service fees, the credit
merchant fees, and so forth. She noted that they considered having a service fee charge to the
customers as a pass-along to help offset those charges. Ms. Marney stated that this was the actual
estimate of what the credit card fees were.
Responding to Dr. Sudler, Ms. Marney explained that the figure that is put into the budget is the
typical budgeted allocation. If the final number is below the budget amount, as it has been for
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several years, then those funds would move over to the financial statements and carry forward
numbers, and those funds could be used for future needs in the electric fund. When the rate
studies are done, they consider all those items. That is part of the information that they provide to
the rate study agency along with what the actual write-offs were as well. Ms. Marney further
explained that it is difficult to predict but with the policies and procedures that they have put in
place with customer service, they have been able to increase the number of collections in the last
15 years.
Responding to Mr. Lewis, Mr. Hugg stated that looking at the cost of operations, they will see a
trend that the city is operating in a deficit. Trash trucks are two (2) to three (3) times what they
used to be in terms of cost, fuel maintenance, and employee salaries, which are all enterprise
funds, are required to cover the costs of operations, and the only way they can do that is either
reduce service or increase the rate. Mr. Hugg does not have specific breakdowns, but they are
facing some significant costs. The cost is between $400,000 to $500,000 currently for a trash
truck and that is a major investment that has to be covered by the rates.
Responding to Mr. Boggerty, Ms. Marney stated that depending on the type of transaction, it is
between 2.5% and 2.95%, if it is a credit card, and the type of credit card used. There is a
schedule of percentages associated with the different types of credit cards, for example, Discover
versus Visa, the percentages can differ. There are ways that customers can save money and the
city would also save money by using bank drafting. It does not cost the city or the customer
anything to use, and it would go directly to customer service. This is where the monthly payment
would be automatically drafted from the bank account.
Mr. Anderson declared the Public Hearing opened at 6:53 p.m.
There being no one present wishing to speak during the public hearing, Council President
Anderson declared the Public Hearing closed at 6:54 p.m.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 10, 2024
The Minutes of the Regular Council Meeting of June 10, 2024, were unanimously approved
by motion of Mr. Neil moved for adoption of the consent agenda. The motion was seconded
by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
COUNCIL COMMITTEE OF THE WHOLE REPORT – June 11, 2024
The Council Committee of the Whole met on June 11, 2024, at 6:06 p.m. with
Council President Anderson presiding. Members of Council present were Ms.
Arndt, Mr. Hare, Mr. Lewis, Mr. Neil (via WebEx), Dr. Pillsbury, and Mr. Rocha.
Mr. Boggerty and Mr. Sudler were absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Mr. Iriowen
(Utility), and Mr. Shevock (via WebEx) (Legislative, Finance, and
Administration). Mr. Pugh (Utility), and Mr. Garfinkel (Legislative, Finance, and
Administration) were absent.
ADOPTION OF AGENDA
Ms. Arndt moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
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Mayor and Council Reports – May 2024
First District
Dr. Pillsbury reported that she has had several constituent concerns brought to her
attention. She stated that all the issues have been resolved except for one.
Mr. Rocha reported that he has been working closely with Dr. Pillsbury to address
First District issues so that they are not doing double the work.
Second District
Mr. Lewis had no report to give.
Mr. Hare had no report to give.
Third District
Ms. Arndt reported that she and Mr. Neil continue to represent council on the
Downtown Dover Partnership Board and that she continues to represent council
on the Unhoused Working Group with Councilman Rocha. She explained that she
and Mr. Neil submitted a letter of support for the Luther Village Housing and
Urban Development funding proposal. Finally, Ms. Arndt reported that she and
Mr. Neil have answered several constituent issues and complaints.
Mr. Neil provided his report electronically (Attachment #1).
Fourth District
Mr. Sudler was absent, no report was given.
At-Large
Mr. Boggerty was absent, no report was given.
Mayor Christiansen
Mayor Christiansen stated that he will not be submitting a report as the public
knows the job that is being done.
Council President Anderson
Council President Anderson reported that there are a few constituent issues that
are being worked on in the Fourth District. Mr. Anderson explained that the two
main concerns are the house at 2 South Queen Street and several residents on
North New Street. Mr. Anderson also reported that several issues have been raised
with handicapped parking concerns. Mr. Anderson thanked the staff who worked
on the budget, all the departments who brought forward legislation changes, and
the City Clerk’s Office for making sure all of the proposed changes were placed
in proper format, proofed, and available for what seemed like impossible
deadlines.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by unanimous roll call vote (Hare absent).
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UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Dr. Pillsbury moved for adoption of the agenda, seconded by Mr. Arndt and
unanimously carried.
Evaluation of Bids – FY24 Inflow & Infiltration Rehabilitation Project
(Jason Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and
analysis regarding the Inflow and Infiltration Rehabilitation Project.
Staff recommended awarding the contract to Insituform Technologies, LLC, for
the City of Dover FY24 Inflow & Infiltration Rehabilitation Project, Bid #24-
0031WW, for the amount of #1,279,530.00.
Mr. Hare moved to recommend accepting the staff recommendation. The
motion was seconded by Dr. Pillsbury and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 6:16 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Rocha presiding.
Adoption of Agenda
Dr. Pillsbury moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
Evaluation of Bids – Relay Panels for Garrison Oak Technology & Business
Park (GOTBP) (Paul Waddell, Electric Director)
Mr. Paul Waddell, Electric Director, reviewed the background and analysis
regarding the Relay Panels for Garrison Oak Technology & Business Park.
Staff recommended awarding the contract to Electrical Power Products, Bid #24-
0028EL, for the amount of $251,201.00.
Responding to Mr. Lewis, Mr. Waddell stated that the project was budgeted for,
and the entire project is currently running under budget.
Responding to Mr. Lewis, Mr. Waddell stated that the substation would be
dedicated solely to the business park. Mr. Waddell explained that currently there
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is one 50 Mega Volt Amp (MVA) transformer in the park. However, with the
design of the substation, there is a provision to place a second transformer in the
park if the load were to grow beyond 50 MVA. Adding a second transformer
would also provide the ability to switch the load in the event of an emergency, or
during an outage between Horse Pond Road and Dover Downs. Mr. Waddell
explained that providing another transformer will not only provide power to the
customers of the technology park but will enhance system resiliency.
Mr. Hare moved to recommend accepting the staff recommendation. The
motion was seconded by Ms. Arndt and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Discussion – Fiscal Year 2024 Audit Program (Patricia Marney, Interim
Controller/Treasurer)
Ms. Patricia Marney, Interim Controller/Treasurer, reviewed the background and
analysis regarding the Fiscal Year 2024 Audit Program.
Staff recommended accepting the Audit Program.
Ms. Arndt moved to recommend accepting the audit program. The motion
was seconded by Dr. Pillsbury and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Proposed Ordinance #2024-22 – Amending Chapter 26 – Businesses, Article
II – Licenses, and Appendix F – Fees and Fines (David S. Hugg, III, City
Manager)
Mr. David S. Hugg, III, City Manager, and Kristen Mullaney, Licensing and
Permitting Supervisor, reviewed the proposed changes in Ordinance #2024-22.
Staff recommended approval of Proposed Ordinance #2024-22.
Responding to Mr. Lewis, Mr. Hugg stated that all new fees and fines will be
published on the city's website, in available materials, and made accessible to the
public through calls or in-person visits.
Responding to Mr. Lewis, Ms. Mullaney stated that license renewals will be
issued in July, which is why the proposed changes are being discussed at this
time.
Responding to Mr. Anderson, Ms. Mullaney stated that currently, food trucks
must obtain two licenses to operate as mobile food trucks. With the proposed
changes, they will only have to obtain one license and pay one fee instead of two.
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Responding to Mr. Anderson, Ms. Mullaney stated that if they only do a one-time
event in the city, they would not have to pay the full $180. Instead, they would
still fall under the itinerant merchant license, as they do currently.
Responding to Mr. Anderson, Ms. Mullaney stated that the definition and fees for
online sales were added due to an influx of people applying for that type of
license. Ms. Mullaney stated that they currently do not have that type of license
category therefore it was added to keep track of the license application.
Responding to Mr. Anderson, Ms. Mullaney stated that he was correct and that
there would be no way for them to enforce the license requirement and fees
because they would not know if someone was operating an online business unless
they came in to apply for that license. Ms. Mullaney explained that adding the
permit is more for the record-keeping process.
Mr. Hugg explained that certain home operations are covered under the zoning
ordinance. Adding online businesses would allow those conducting business from
home or in a residential district to obtain a license recognizing their home sales
operation.
Ms. Arndt requested that “warehouseman” be changed to warehouse operator.
Mr. Anderson proposed amending the ordinance by removing lines 226, 227, 228,
and the corresponding reference in Appendix F because it would be impossible to
enforce, and it does not serve to improve the life of the city's people.
Mayor Christiansen stated that he disagreed with Mr. Anderson's proposed
amendment.
Mr. Anderson moved to delete lines 226, 227, 228, and the corresponding
reference in Appendix F. The motion was seconded by Ms. Arndt and
unanimously carried.
Mr. Anderson moved to accept and approve the ordinance as amended. The
motion was seconded by Ms. Arndt and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Proposed Ordinance #2024-23 – Amending Chapter 106 – Traffic and
Vehicles, Article I – In General, Sec. 106-14. – Off-road Motor Vehicle
Regulations (Council President Anderson)
Council President Anderson, and Thomas Johnson, Chief of Police, reviewed the
background regarding the proposed changes in Ordinance #2024-23.
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Staff recommended approval of Proposed Ordinance #2024-23.
Responding to Mayor Christiansen, Chief Johnson stated that they could follow
his recommendation to sell the vehicle and apply the proceeds to the Dover
Strong Fund or another initiative benefiting the city's citizens. Chief Johnson
explained that he also proposed creating a victim’s fund because off-road vehicles
are often involved in accidents resulting in injuries and tragedies.
Mayor Christiansen explained that all funds that come from the forfeiture of the
vehicles should be directed back toward the citizens no matter the mechanism. He
noted that many citizens have been victims of the renegade vehicles on the streets
in one way or another.
Responding to Mr. Rocha, Chief Johnson explained that his use of the word
disposition was with the understanding that the vehicle would be sold versus
disposed of.
Responding to Mr. Rocha, Chief Johnson explained that if the ordinance passes,
there would not be an increase in aggressive enforcement, such as chasing the
vehicles. He elaborated that the strategy would involve investigating using
technology and surveillance, and if the vehicles are in plain view, they would be
subject to seizure.
Responding to Ms. Arndt, Chief Johnson stated that the way the state law is
written if any property owner gave permission and there was a violation on the
private property then the violation would go to the property owner. If a juvenile
were stopped on a city street the violation would go to the parent or guardian.
Ms. Arndt moved to approve Ordinance #2024-23. The motion was seconded
by Mr. Shevock and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Proposed Ordinance #2024-24 – Amending Chapter 26 – Businesses, Article
II – Licenses, Sec. 26-31. – Definitions, and Appendix F – Fees and Fines,
Chapter 26 (David S. Hugg, III, City Manager, and Ann Marie Townshend,
Senior Project Manager at the Rossi Group)
Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group,
reviewed the background regarding the proposed changes in Ordinance #2024-24.
Staff recommended approval of Proposed Ordinance #2024-24.
Mr. Robert Coupe, Delaware Marijuana Commissioner, 540 N. Dupont Highway,
Dover, emphasized that in Title 4 §1351, cities, towns, and municipalities have
the authority to prohibit any of the regulated industries that his office is in charge
of licensing. He further stated that 1351 also clarifies that the commissioner shall
not issue a license unless the licensee has met the requirements of the local
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government where they plan to open their establishment. Mr. Coupe explained
that there is a Certificate of Compliance, which ensures that his office does not
approve a license unless the town has determined that the location meets whatever
requirements that they have put in place. Mr. Coupe explained that his office is
currently working on their regulations, which have been posted and are going
through the state process that allows for public feedback. He stated that they
received good feedback and made substantive changes, which will be posted
again on the first of July. Mr. Coupe explained that Deputy Commissioner Paul
Hyland spent a lot of time working on the regulations and they are close to what
the final regulations will be.
Responding to Mr. Anderson, Mr. Coupe stated that there were no major changes
in the security section of the regulations. The only changes to the security section
dealt with verbiage referring to diversion prevention plans. Mr. Coupe
acknowledged that there are inherent dangers because dispensaries are mostly a
cash business. He explained that most of the dispensaries that exist in Delaware
have armed security in the building. They are required to have a vault, proper
lighting, and video monitoring systems that allows direct access to Mr. Coupe’s
office, as is currently required for the Office of Medical Marijuana. This setup
enables live monitoring to ensure compliance with all necessary procedures. The
dispensaries also must have plans for accidents, acts of violence, and active
shooters.
Responding to Mr. Anderson, Mr. Coupe stated that Deputy Hyland could speak
more on medical marijuana because he oversaw the industry until he joined Mr.
Coupe. However, Mr. Coupe explained that they do feel that the medical
marijuana security provision has been successful over the last few years. Mr.
Coupe explained that there is a bill, House Bill 425, that is proposed to be
introduced in the coming weeks that will administratively move the Office of
Medical Marijuana under the Office of the Marijuana Commissioner. This
approach will enhance efficiency for the state by consolidating regulatory
oversight under one agency for both offices. It also opens the possibility of
merging the industries, resulting in a single retail center serving both medical
patients and adult-use recreational customers.
Mr. Paul Hyland, Deputy Commissioner, noted that having video surveillance
inside and outside the compassion centers and marijuana businesses has proven
beneficial. Law enforcement has frequently requested video footage for unrelated
incidents captured by the cameras. This collaboration fosters a positive
partnership between the Office of the Marijuana Commissioner and local law
enforcement
Responding to Ms. Arndt, Mr. Coupe stated that he is unaware of any significant
issues placing an additional burden on municipalities in responding to criminal
incidents within the medical marijuana industry since its operationalization in
2015. He noted that nearly all the sites he has visited have armed security at the
entrance and require the presentation of identification before entry. Additionally,
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he clarified that there is currently no provision in his budget for reimbursing a
town or city for their response to a criminal incident.
Responding to Ms. Arndt, Mr. Coupe explained that any incidents that do occur
are reported to his office so they will be tracking any security incidents.
Ms. Browyn Sherman, Transportation, and Community Planner at the Rossi
Group reviewed the
presentation entitled “City of Dover Recreational Marijuana Ordinances –
Business Licensing & Zoning”.
Ms. Anne Smith, 132 Oakmont Drive, Dover, expressed concerns about how
marijuana cultivation can negatively affect the environment.
Responding to Mayor Christiansen, Ms. Townshend explained that the 500-foot
buffer originally proposed touched every highway commercial property, so it was
reduced to 250 feet. She noted that during the previous committee discussion,
they were asked to avoid creating a buffer that would essentially prohibit the use
within the city limits. The current wording requires the building footprint to be
250 feet from the residential zone, meaning that with a 500-foot buffer, there were
few areas in the city where such use would be possible. Ms. Townshend clarified
that while she acknowledges the viability of the policy position, it does not align
with the direction given at the last Legislative, Finance, and Administration
meeting.
Responding to Mayor Christiansen, Ms. Townshend stated that they looked at the
C-4 zone because at the last committee meeting, it was discussed that it has the
highest intensity of commercial use and that was the direction coming from the
meeting. She also stated that there are options to not allow the use in the city
however, it was not the direction provided when moving forward.
Responding to Mayor Christiansen, Ms. Townshend clarified that the buffer
requirements were specifically for colleges, universities, schools, residential
zones, and hospitals, and not for doctor's offices, pharmacies, restaurants, hotels,
grocery stores, homeless shelters, churches, pawn shops, or shopping malls.
Mr. Anderson stated that the council's decision to permit use in the C-4 zone was
a compromise with the business community. He expressed that attempting to
shadow ban it would contradict the will of the people as expressed through the
council's vote.
Responding to Mr. Anderson, Ms. Sherman stated that there are only a couple of
red buildings right outside of the military base that would be affected therefore at
the direction of council they could add a thousand-foot buffer further protecting
the base as an economic development venue.
Mr. Anderson explained that many local state officials have been elected when
campaigning on the issue of marijuana. He stated that if the city does nothing the
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state will decide what happens therefore it is better to develop regulations that
restrict the businesses from being downtown, away from the schools and
universities.
Mayor Christiansen stated that it is everyone's responsibility to consider all
information from constituents and the business community when making
decisions. This ensures that decisions are well-informed and based on the
information presented.
Mr. Rocha suggested that there might be a need for further discussion regarding
the distance restrictions, proposing a one-mile separation between retail marijuana
stores within the city. He expressed concern about having an excessive number of
marijuana stores similar to liquor stores. Additionally, Mr. Rocha agreed with Mr.
Anderson, advocating for a buffer of a thousand feet from the Dover Air Force
Base.
Ms. Cynthia Christiansen, 714 Carol Street, Dover, expressed opposition to the
proposed ordinances allowing the addition of marijuana retail stores in downtown
Dover. Ms. Christiansen explained that as a long-time city resident, she could
walk to school and smell chocolate coming from the General Foods plant and
today children walk to school smelling marijuana. She stated that as a public-
school educator, marijuana can be smelled at morning drop-offs, on the
playground at recess, and the afternoon pickups. Ms. Christiansen expressed
concerns with the lack of a buffer around Delaware State University, which has an
elementary school, daycare centers, and churches. Ms. Christiansen emphasized
her opposition to the ordinances and explained that people come to the city for the
history, and it should be kept that way.
Ms. Joan Denney, 350 N. State Street, Dover, expressed opposition to the
proposed ordinances allowing the addition of marijuana retail stores in downtown
Dover. Ms. Denney emphasized the concerns expressed by Ms. Christiansen. She
also recalled hearing the past Governor of Texas, Ms. Dorothy Ann Richards
speak regarding tobacco, and she expressed that if she had known how much
harm tobacco use would cause, she would have never allowed it in Texas. Ms.
Denney stated that the city should follow the municipalities down south and
prohibit the sale of marijuana downtown.
Mr. Adam Windett, 218 N. State Street, Dover, expressed his support for the
proposed ordinances allowing the addition of marijuana retail stores in downtown
Dover. Mr. Windett explained as a practicing attorney, local business owner, and
cannabis consumer he strongly urges council to consider the proposed ordinances.
He expressed opposition to the buffers as they are proposed because they limit the
number of parcels to a few that are unsuitable for retail cannabis sales. Also, when
factoring in a one-mile buffer they are further restricted. Mr. Windett referenced a
2022 study by Whitney Economics which found that the fewer the dispensaries
per residence in a city, it is more likely that the city will have sales go through the
illicit market. He explained that by creating a large one-mile buffer between the
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businesses, a buffer to the residential zones, and limiting the C-4 parcels will
likely empower the illicit market.
Ms. Lizzie Golob, 20476 Asheville Drive, Millsboro, expressed her opposition to
the proposed ordinances as written because they contain very large restrictions on
where dispensaries can go. She feels that cannabis is a natural plant and there
should be no restrictions on where the businesses can establish their retail stores.
Ms. Golob stated that the dispensaries are very safe and secure.
Ms. Dina Vendetti, Central Delaware Chamber of Commerce (CDCC) President,
435 N. Dupont Highway, Dover, expressed opposition to the proposed ordinances
allowing the addition of marijuana retail stores in downtown Dover. Ms. Vendetti
explained that she has conducted some research and been in touch with chamber
leaders across the country to find out what mistakes they feel they made so that
Dover could learn from them. She stated that apart from one person, all of them
said if Dover is interested in building a family-friendly, walkable, bikeable,
downtown then allowing the retail sales of marijuana is not the way to go. She
explained that there are close to 800 businesses in their membership, and they are
concerned about what the ordinances will mean for their businesses. She stated
that the CDCC and herself, as a resident of the City of Dover, remain opposed to
the proposed ordinances. Ms. Vendetti explained that daycare centers, drug
rehabs, and city parks should all be included in the restrictions.
Responding to Mr. Anderson, Ms. Vendetti stated that he is correct, her
opposition is to retail stores and cultivation.
Responding to Mr. Anderson, Ms. Vendetti stated that he is correct, she does not
have any opposition to the job intents surrounding testing in the manufacturing
zone. She also stated that they are not opposed to medical marijuana either.
Ms. Zoe Patchell, Delaware Cannabis Advocacy Network Executive Director, 218
N. State Street, Dover, expressed opposition to the ordinances as proposed as a
City of Dover resident. Ms. Patchell stated that the ordinances create an overly
restrictive zoning for legal cannabis businesses in Dover. She explained that
cannabis was legalized in the State of Delaware and had the overwhelming
support of the residents of the State of Delaware. She proposed that legal cannabis
businesses be zoned like alcohol businesses. Ms. Patchell explained that cannabis
is safer than alcohol in every metric and heavily restricting where legal businesses
can operate, ensures that the illicit market prospers. In closing, Ms. Patchell stated
that the debate about whether cannabis should be legal or not has already occured,
and it was passed. She strongly urged council to consider the legal businesses that
are regulated in one of the most scrutinized industries in the state by a former law
enforcement officer and reconsider the overly restricted zoning ordinances.
Responding to Mr. Anderson, Ms. Patchell stated that the proposed ordinances
should contain more reasonable buffer zones between schools, and they should be
more aligned with the alcohol zoning requirements.
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 14
Mr. Ethan Whitsett, 226 Chenault Court, Dover, explained that he felt that the
buffers are reasonable, however, there are no opportunities for a retail market if
there is no area for cultivation. Mr. Whitsett stated that the city could benefit from
the industrial economy of the cannabis industry.
Ms. Lachelle Paul, 501 Silverside Drive, Wilmington, emphasized the importance
of council reaching out to constituents and business owners to gather their input
before making any decisions. Ms. Paul stated that regarding the sales of
marijuana, there is a need to control the type of marijuana being sold as opposed
to the street version that may be laced with fentanyl. Ms. Paul explained that even
though marijuana is legal, boundaries still need to be outlined concerning its use.
Mr. Hare expressed his agreement with Ms. Paul, stating that he believed more
research should be conducted to understand the desires of the constituents.
Mr. Hare moved to defer Proposed Ordinance #2024-24 and #2024-25 to a
future meeting and asked that the meeting be a Special Legislative, Finance,
and Administration meeting. The motion was seconded by Mr. Lewis and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Proposed Ordinance #2024-25 – Amending Appendix B – Zoning, Article 3 –
District Regulations, Sec. 16 – Highway Commercial Zone (C-4), Sec. 19 –
Manufacturing Zone (M), Sec. 20 – Industrial Park Manufacturing Zone
(IPM), Sec. 23 – Agricultural Zone (A), Article 5 – Supplementary
Regulations, and Article 12 – Definitions (David S. Hugg, III, City Manager,
and Ann Marie Townshend, Senior Project Manager at the Rossi Group)
Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group,
reviewed the background regarding the proposed changes in Ordinance #2024-25.
Staff recommended approval of Proposed Ordinance #2024-25.
Mr. Hare moved to defer Proposed Ordinance #2024-24 and #2024-25 to a
future meeting and asked that the meeting be a Special Legislative, Finance,
and Administration meeting. The motion was seconded by Mr. Lewis and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 8:36 p.m.
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 15
Mr. Anderson moved for adjournment of the Council Committee of the
Whole meeting, hearing no objection the meeting adjourned at 8:36 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).
SETTING OF ELECTRIC, WATER, AND WASTEWATER RATES AND
TARIFFS
Mr. David Hugg, III, City Manager reviewed the Electric, Water, and Wastewater Rates
and Tariffs.
Responding to Dr. Sudler, Mr. Hugg stated that he has not heard of any significant
complaints, he has received comments regarding tax and rate increases.
Mr. Neil moved for adoption of the Electric, Water, and Wastewater Rates and Tariffs,
seconded by Dr. Pillsbury, and carried by a roll call vote, seven (7) yes (Boggerty, Neil,
Pillsbury, Arndt, Rocha, Sudler, Anderson), one (1) no (Lewis), and one (1) absent (Hare).
REMOVING PROPERTIES FROM THE 10-YEAR TAX ABATEMENT PROGRAM
(ALLISON HAINES, INTERIM CUSTOMER SERVICE DIRECTOR)
Ms. Allison Haines, Interim Customer Service Director, briefed members on Removing
Properties From the 10-Year Tax Abatement Program.
Responding to Dr. Sudler, Ms. Haines explained that in certain areas of the city, they had offered
the abatement program when individuals purchased lots, such as Habitat for Humanity and
NCALL because they made improvements and received a reduction in their taxes for the 10
years that they had it. This was only for the improvements and once the property sold, according
to Ordinance in Section 102-115, the tenure was supposed to be removed once it changed hands.
Responding to Dr. Sudler, Ms. Haines stated that NCALL would have received it, but once it
was sold, it was supposed to be removed but it was not. This was the reason they brought it to
council last year. She noted that they want to bring it back to where it does not need to come to
council, and they could have it removed administratively when the property sells, and then they
can remove the 10-year abatement.
Responding to Mr. Boggerty, Ms. Haines stated that the abatement amounts vary because it was
only on the improvements. Ms. Haines stated that a letter that has been prepared will go out to
them, on July 1, when the tax bills go out. Ms. Haines stated that they would extend the tax rate
until August 31st, which would be the tax deadline and the issues that they are having in billing.
She further stated that the appraisal is not due until next year and the city is cyclical every five
(5) years and they would have to look at their assessment next year.
Responding to Mr. Boggerty, Ms. Marney stated that before last year, the abatements were not
removed, and they were doing an overall audit at the time to see what could or could not be put
back on the tax rolls. They want to be constituent-friendly, and the Customer Service Department
has payment arrangements that they could provide to tax customers if there is difficulty in
paying. Ms. Marney explained that most of the individuals have mortgages, and it will go
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 16
through their escrow accounts and that would be handled through their mortgage company.
Dr. Sudler suggested extending the timeframe to give the individuals 90 days instead of until the
end of August. He believes that it would provide sufficient time for people to make necessary
adjustments.
Responding to Dr. Sudler, Ms. Haines stated that two (2) months ago, they did reach out to
NCALL and Habitat for Humanity and informed them by email about the 10-year abatement that
would be removed and provided with a copy of the ordinance. They did not hear anything back
from NCALL and Habitat for Humanity. She noted that not many individuals responded because
they have mortgages that are paying them, and they are being adjusted as far as the revenue. Ms.
Haines stated that if this was to pass, the letters would be sent out the next day for when
individuals received their bills next week, and they would notice that the abatement would not be
on the bill.
Dr. Sudler moved to accept the staff recommendation with a 90-day grace period.
Responding to Mr. Neil, Ms. Marney explained that when it comes to Neighborgood Partner
(NCALL) and Habitat for Humanity, they would go to the Board of Assessments to request
abatements because they are a nonprofit organization. They would not receive a proportion of
taxes during that period and would not receive them when the property is sold. The abatement is
supposed to go away because they no longer own the property. She noted that the abatement was
issued to the nonprofit agency, not the new homeowner, so the benefit to the new homeowner
supposedly would be that the nonprofit agency would pass those cost savings along to them
through the sale of the property.
Responding to Mr. Neil, Ms. Marney stated that the list has the current property owner's name
and the previous property owner's name along with the date of sale. These were the properties
that had transferred ownership from the nonprofit agencies. She noted that they have to look into
why some individuals were granted an abatement that was not nonprofit, but the majority of the
list is from NCALL and Central Habitat for Humanity. The original owners that received the
abatements were the nonprofit agencies and sold the properties to someone else who no longer
qualified for the abatement because they were not nonprofit.
Responding to Mr. Neil, Ms. Marney explained that they performed an audit, and they found that
the abatements never got removed when the prior person handling the tax office was in place.
They are finding that several properties still had abatements that were not owed the abatements
and/or, there were items put in place by the Board of Assessments that extended or shortened the
length of time for the abatement.
Responding to Dr. Pillsbury, Ms. Haines stated that it would be done by tracking and they could
go back to see if those are paid by mortgage companies.
Responding to Dr. Pillsbury, Ms. Marney explained that there was a method in the accounting
software where they could extend the due date for those particular properties so that the tracking
portion of it would not be as cumbersome for the customer service staff.
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Item #1.
CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 17
Responding to Dr. Pillsbury, Ms. Marney stated that would be at the discretion of council. The
mortgage companies will more than likely pay it ahead of time.
Responding to Mr. Rocha, Ms. Marney stated that this would be one of the reasons why they
would like to make this an administrative process because when they do receive notice through
the deed stamping process. It would be part of the normal flow of operations.
Dr. Sudler moved for approval of the Removing Properties from the 10-Year Abatement
Program with a 90-day grace period, seconded by Mr. Boggerty, and carried by a roll call
vote, seven (7) yes (Boggerty, Neil, Arndt, Rocha, Sudler, Lewis, Anderson), one (1) no
(Pillsbury), and one (1) absent (Hare).
Mr. Rocha recommended that staff bring back an ordinance change proposing that staff be able
to handle the tax abatement process administratively in the future.
GENERAL PENSION CHECK DISBURSEMENT OPTIONS (PATRICIA MARNEY,
INTERIM CONTROLLER/TREASURER)
Ms. Patricia Marney, Interim Controller/Treasurer, briefed members on the General Pension
Check Disbursement Options.
Responding to Dr. Sudler, Ms. Marney stated that the funds that had been approved through the
budgetary process were $1,140,000. She explained that the options discussed previously were
not in the budget hearings where the recommendations were made in Bolton, so the budget
committee had recommended using the one-time benefit of $380,000 for the budget. It would
provide all pensioners with one check and through the budgetary process, the council approved
to provide the pensioners with three (3) checks instead of one. Council had already chosen which
option from the Bolton actuarial report, and the decision now is how the funds would be
dispersed.
Responding to Mr. Rocha, Ms. Marney stated that when evaluating how many years of
retirement versus the poverty level the numbers became further complicated because some
retirees have death benefits, and disability benefits, and some individuals have agreements
through divorce proceedings. When those scenarios were presented to the actuary, they
suggested not using that method.
Mr. Neil moved for approval of option two (2) of the General Pension Check, seconded by
Mr. Rocha, and carried by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt,
Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare).
FIRST READING PROPOSED ORDINANCE #2024-22 – AMENDING CHAPTER 26 –
BUSINESSES, ARTICLE II – LICENSES, AND APPENDIX F – FEES AND FINES
(DAVID S. HUGG, III, CITY MANAGER)
Mr. David Hugg, III, City Manager reviewed Proposed Ordinance #2024-22 – Amending
Chapter 26 – Businesses, Article II – Licenses, and Appendix F – Fees and Fines.
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Item #1.
CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 18
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
the proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2024-22 – AMENDING CHAPTER 26 – BUSINESSES,
ARTICLE II – LICENSES, AND APPENDIX F – FEES AND FINES
FIRST READING PROPOSED ORDINANCE #2024-23 – AMENDING CHAPTER 106 –
TRAFFIC AND VEHICLES, ARTICLE I – IN GENERAL, SEC. 106-14. – OFF-ROAD
MOTOR VEHICLE REGULATIONS (COUNCIL PRESIDENT ANDERSON)
Mr. David Anderson, Council President, reviewed Proposed Ordinance #2024-23 – Amending
Chapter 106 – Traffic and Vehicles, Article I – In General, Sec. 106-14. – Off-Road Motor
Vehicle Regulations.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
the proposed Ordinance as read by the City Clerk, by title only, as follows:
ORDINANCE #2024-23 – AMENDING CHAPTER 106 – TRAFFIC AND
VEHICLES, ARTICLE I – IN GENERAL, SEC. 106-14. – OFF-ROAD MOTOR
VEHICLE REGULATIONS
INAL READING PROPOSED ORDINANCE #2024-14 – AMENDING CHAPTER
1 – GENERAL PROVISIONS, SEC. 1-17. – GENERAL PENALTY; SEPARATE
OFFENSES; UNPAID FINES (EDDIE KOPP, CHIEF CODE ENFORCEMENT
OFFICER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First
Reading of the proposed ordinance was accomplished during the Council Meeting of June 10,
2024.)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-14 –
Amending Chapter 1 – General Provisions, Sec. 1-17. – General Penalty; Separate Offenses;
Unpaid Fines.
By motion of Ms. Arndt, seconded by Mr. Boggerty, by a roll call vote, seven (7) yes
(Boggerty, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and two (2) absent (Hare
and Neil) adopted Ordinance #2024-14 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 1 – General Provisions, Section. 1-17. – General penalty; separate offenses;
unpaid fines, as follows:
Sec. 1-17. General penalty; separate offenses; unpaid fines.
Whenever in this Code or in any ordinance of the city, any act or omission is
prohibited, or is made, or declared to be unlawful or a violation, or whenever in said
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 19
Code or ordinance the doing of any act is required, or the failure to do any act is declared
to be unlawful or a violation, and no specific penalty is provided otherwise, or the context
thereof so dictates, each day any violation of any provision of this Code or any ordinance
shall continue, shall constitute a separate offense.
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-15 – AMENDING CHAPTER 22 –
BUILDINGS AND BUILDING REGULATIONS (EDDIE KOPP, CHIEF CODE
ENFORCEMENT OFFICER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First
Reading of the proposed ordinance was accomplished during the Council Meeting of June 10,
2024.)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-15 –
Amending Chapter 22 – Buildings and Building Regulations.
By motion of Mr. Rocha, seconded by Ms. Arndt, by a roll call vote, eight (8) yes (Boggerty,
Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted
Ordinance #2024-15 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
ARTICLE I. IN GENERAL
Sec. 22-1. Construction and property maintenance code board of appeals.
(a) Established; composition; appointment. There shall be a committee to be referred to as
the "construction and property maintenance code board of appeals," consisting of five
members. The council president shall appoint three elected city officials and the mayor
shall appoint one city resident generally selected as a representative of homeowners and
one representative of the local real estate industry association. Members shall serve one-
year terms unless sooner removed. All appointments are subject to confirmation by the
city council at its second regular meeting in May. The construction and property
maintenance code board of appeals shall elect one of its members as chairperson.
(b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with
respect to the provision of this chapter, it is the right of that person to appeal to the
construction and property maintenance code board of appeals. Such appeal must be filed,
in writing, within 30 days after the determination by the building inspector.
(c) Notice; hearing. Upon receipt of such an appeal, the construction and property
maintenance code board of appeals shall set a time and place in not less than ten, nor
more than 30 days for the purpose of hearing the appeal. Notice of the time and place of
the hearing of the appeal shall be given to all parties, at which time they may appear and
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 20
be heard. The determination by the construction and property maintenance code board of
appeals shall be final in all cases.
Sec. 22-2. Housing authority created; purpose.
Created; purpose. There shall be a housing authority as provided in 31 Del. C.
Secs. 22-3—22-30. Reserved.
ARTICLE II. BUILDING INSPECTOR
Sec. 22-31. Office created; appointment.
There is hereby created the office of building inspector. The building inspector shall be
selected by the city council during its annual meeting.
Sec. 22-32. Additional powers and authority.
Along with other powers and authority granted to the building inspector in this chapter,
including the codes adopted herein, the building inspector shall have the following powers and
authority:
(1) Temporary certificates of occupancy. The building inspector shall have authority
to issue temporary certificates of occupancy for buildings and structures which do not
comply with the codes, upon the terms and conditions as set forth in this section.
(2) Affidavit to complete work. In the event that the owner and builder of a structure
are in agreement that certain items, such as grading, seeding, soil stabilization, and
other similar work, cannot be completed because of the weather or the season, but
that these items can be completed by the builder after a temporary certificate of
occupancy is granted, and the owner takes possession of the property, then the
building inspector may grant a temporary certificate of occupancy, conditioned upon
the builder executing an affidavit agreeing to complete the necessary items specified
therein, within a time period specified therein, with sanctions to be imposed by the
building inspector for noncompliance by the builder, to include, but not to be limited
to, revocation of the temporary certificate of occupancy, refusal to issue to the builder
further building permits on other parcels, and such other administrative action as the
building inspector may deem appropriate.
(3) Hardship. Upon adequate hardship being shown to the building inspector and
upon agreement of all parties, including the owner or equitable owner and the builder,
the building inspector may issue temporary certificates of occupancy for buildings
and structures where any work of a minor nature is required in the future to comply
with the codes, provided that all parties sign an agreement to this effect and the
builder executes an affidavit, with the conditions and stipulations provided in
subsection (2) of this section, agreeing to the imposition of sanctions for
noncompliance to be imposed by the building inspector.
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 21
(4) Agreements and affidavits for granting certificates. The building inspector shall
prepare uniform agreements and affidavits to be used in granting temporary
certificates of occupancy as stated herein.
(5) The building inspector or his duly authorized assistant(s) shall have the right to
enter any building or enter upon any land at any reasonable hour, as necessary, in the
execution of their duties.
a. The building inspector shall notify the owner and tenant before conducting any
inspection.
b. The building inspector or his duly authorized assistants shall display identification
signed by the city manager upon commencing an inspection.
c. Inspections shall be commenced in the presence of the owner, or his
representative or tenant.
Secs. 22-33—22-60. Reserved.
ARTICLE III. BUILDING CODE
Sec. 22-61. Adopted.
(a) International Building Code adopted. Certain documents, three copies of which are on
file in the Licensing and Permitting Office of the city, being marked and designated as
"The International Building Code, 2009 Edition" as published by the International Code
Council be and is hereby adopted as the Building 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 International
Building Code, are hereby referred to, adopted and made a part hereof as if fully set out
in this section, with the additions, insertions, deletions and changes as follows:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
105.2 Work exempt from permit.
Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses, and similar uses, provided that the floor area does not exceed
120 square feet.
2. Oil derricks.
3. Sidewalks and driveways not more than 30 inches (762 mm) above
adjacent grade and not over any basement or story below.
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4. Painting, papering, tiling, carpeting, cabinets, countertops, and similar
finish work.
5. Prefabricated swimming pools accessory to a Group R-3 occupancy
provided that the swimming pools are not designed to retain a dept of 24”
(610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed
entirely above ground.
6. Shade cloth structures constructed for nursery or agricultural purposes, not
including service systems.
7. Swings and other playground equipment accessory to a one or two-family
dwelling. Window awnings supported by an exterior wall which do not
project more than 54 inches (1372 mm) from the exterior wall and do not
require additional support of Group R-3 and U Occupancies.
8. Non-fixed and movable fixtures, cases, racks, counters, and partitions not
over 5 feet 9 inches (1753 mm) in height.
Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end
of the section: "and does not exceed the 3-year time limit as stated in 105.5.2."; and insert the
following subsections:
105.5.1. Time limitation of permit. A permit for any activity for which a permit is required
shall be valid for 180 days from the date of issuance. One 180-day extension may be granted
without additional charge to the permit holder. Additional 180-day extensions may be
granted with payment of a renewal fee as specified in Appendix F: Fees and Fines.
105.5.2. Completion of construction. All construction for which a building permit is
required must be completed and pass final inspection within three (3) years after issuance of
the building permit. If not completed within three (3) years, a new building permit must be
obtained and any associated fees paid incurred by the previous submission.
SECTION 107 SUBMITTAL DOCUMENTS
107.1 Submittal documents. Insert: "Construction documents, statement of special
inspections, structural observation programs and other data, for new construction, alterations,
repairs, expansion, additions or modifications of buildings or structures, which involve the
practice of architecture or engineering, as defined by the professional registration laws of the
State of Delaware shall be prepared by a registered design professional consistent with the
professional registration laws of the State of Delaware. Construction documents shall include the
name, address and license or registration number of the registered design professional and shall
be signed, sealed and dated by the registered design professional in accordance with the
professional registration or licensing laws, statutes, regulations or administration provisions of
the State of Delaware." in place of "Submittal documents consisting of construction documents,
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statement of special inspections, geotechnical report and other data shall be submitted in two or
more sets with each permit application. The construction documents shall be prepared by a
registered design professional where required by the statues of the jurisdiction in which the
project is to be constructed."
Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance
with the schedule as established by the applicable governing authority". New construction
valuation will be confirmed using the most current ICC valuation chart information unless
otherwise approved by the authority having jurisdiction.
SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building
Regulations, Article I—In General, Sec. 22-1 Construction and property maintenance code board
of appeals.
Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails
to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a
building or structure in violation of the approved construction documents or directive of the
building inspector, or of a permit or certificate issued under the provisions of this code shall be
charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as
provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such
fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after
having been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be charged with a violation of this
section and shall be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall
not receive warnings and shall instead be subject to progressively increasing fines as provided
for in Appendix F—Fees and Fines. Each day that a violation continues shall be deemed a
separate offense." in place of: "Any person who shall continue any work after having been
served with a stop work order, except such work as that person is directed to perform a violation
or unsafe condition, shall be subject to penalties as prescribed by law."
Section 1612.3. Flood Insurance Study for the City of Dover, dated July 7, 2014, or as
subsequently amended or revised.
Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as
specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher.
Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED
BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE
WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION].
(b) International Residential Code Adopted. That certain document, three copies of which
are on file in the Licensing and Permitting Office in the city, being marked and
designated as the International Residential Code 2009 edition, as published by the
International Code Council, be and is hereby adopted as the code of the city for
regulating the design, construction, quality of materials, erection, installation, alteration,
repair, location, relocation, replacement, addition to, use or maintenance of building,
mechanical, plumbing and electrical systems in the city and providing for the issuance of
permits and collection of fees therefor; and each and all of the regulations, provisions,
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conditions and terms of such International Residential Code, as referenced in the building
code adopted in subsection (a), published by the International Code Council, on file in the
office of the city are hereby referred to, adopted and made a part hereof as if fully set out
in this section. The following sections of the International Residential Code are hereby
revised:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200".
Delete numbers 2 through 5 in their entirety. Replace number 7 with the following:
"Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the
swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed
5,000 gallons (18925L) and installed entirely above ground.
SECTION R106 CONSTRUCTION DOCUMENTS
R106.1 Submittal documents. Insert: "Construction documents, statement of special
inspections, structural observation programs and other data, for new construction, alterations,
repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2
sets and as defined by the professional registration laws of the State of Delaware and be prepared
by a registered design professional consistent with the professional registration laws of the State
of Delaware. Construction documents shall include the name, address and license or registration
number of the registered design professional and shall be signed, sealed and dated by the
registered design professional in accordance with the professional registration or licensing laws,
statutes, regulations or administration provisions of the State of Delaware." in place of "shall be
prepared by a registered design professional where required by the statues of the jurisdiction in
which the project is to be constructed". Where special conditions exist, the building official is
authorized to require additional construction documents as described here.
Exception: The building official is authorized to waive the submission of construction
documents and other data not required to be prepared by a registered design professional if it is
found that the nature of the work applied for is such that review of construction documents is not
necessary to obtain compliance with this code.
SECTION R108 FEES
R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in
accordance with the schedule as established by the applicable governing authority".
SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building
Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance
code board of appeals.
SECTION R113 VIOLATIONS
Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation
Penalties" in place of "Any person who violates a provision of this code or fails to comply with
any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or
structure in violation of the approved construction documents or directive of the building
inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to
penalties as prescribed by law."
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SECTION R114 STOP WORK ORDER
Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building
Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any
work after having been served with a stop work order, except such work as that person is
directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by
law."
TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground Wind Design Seismic Subject to Damage From Winter Ice Flood Air Mean
Snow Speedd Topo- Design Weatheringa Frost Termitec Design Barrier Hazardsg Free Annual
Load (mph) graphic Categoryf line Tempe Under- zing Tempera
effectsk Depthb layment Inde
Requiredh xi
25 95 NO A Severe 24" Moderate 14° NO Adopted 450 55°
gust To in
77 Heavy Chapter
fastest 50 of the
Code of
the City
of Dover
Table R301.2(1), footnote (g): September 16, 1982, Flood Insurance Study for Kent County
and Incorporated Areas, dated July 7, 2014, or as subsequently amended or revised.
Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following
at the end of footnote "c": Calculations demonstrating compliance with the minimum live load
shall be provided by a registered design professional for stairs and fire escapes that do not have
additional "stringer" or "carriage" support located and equally distributed in the middle section of
the stair width.
SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS—Delete this section in its
entirety.
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones
shall have the lowest floors elevated to or above the base flood elevation plus 18
inches or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall
have the lowest floors elevated to or above the base flood elevation plus 1 foot (305
mm), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the
lowest floor (including basement) elevated at least as high above the highest adjacent
grade as the depth number specified in feet on the FIRM plus 18 inches or at least 3.5
feet if a depth number is not specified.
4. Basement floors that are below grade on all sides shall be elevated to or above the
base flood elevation plus 18 inches or the design flood elevation, whichever is higher.
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Exception: Enclosed areas below the design flood elevation, including basements whose
floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.
CHAPTER 4 FOUNDATIONS
SECTION R403 FOOTINGS
R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal
width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the
nominal thickness of the wall. Two story sections of a building shall have a minimum footing
width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for
concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The
footing width, W, shall be based on the load-bearing value of the soil in accordance with Table
401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at
least 2 inches and shall not exceed the thickness of the footing." Insert ", but in all cases shall be
a minimum of 24 inches × 24 inches × 12 inches deep." at the end of the following sentence:
"The size of footings supporting piers and columns shall be based on the tributary load and
allowable soil pressure in accordance with Table 401.4.1."
R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its
entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a
minimum of two #4 rebar wired together with a minimum 15" overlap; pier footings with a
minimum of two #4 rebar wired together in two directions, and column footings with three #4
rebar wired together in two directions.
R403.1.3 Seismic reinforcing. Delete in its entirety.
R403.1.4 Minimum Depth. Insert "24" in place of "12".
Amend R403.1.4.1 Frost protection—Exceptions to read:
1. Frost Protection of freestanding residential accessory/utility structures with an
area of 240 square feet or less and an eave height of 10 feet or less, except for pole
buildings and garages, shall not be required to be frost protected. Freestanding
accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie-
downs or equivalent manufactured home fastening devices on each corner. Structures
20 feet or more in length shall have additional anchors attached in the center of each
side unless frost protection applies as stated herein. All accessory/utility structures
greater than 240 square feet, all pole buildings and all garages shall have frost
protection (footings).
2. Decks not supported by a dwelling shall also be provided with footings that
extend below the frost line. Single story supported in part by a dwelling and with 4" ×
4" posts shall have footings that are a minimum of 8 inches in diameter; with 6" × 6"
posts a minimum of 12" diameter is required; the bottom of all such footings shall be
a minimum of 24" below finished grade and be at least 6" deep.
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Footings shall not bear on frozen soil unless such frozen condition is of a permanent
character.
(c) The ICC Performance Code for Buildings and Facilities. That certain documents, three
copies of which are on file in the lLicensing and pPermitting oOffice of the city, being
marked and designated as "The ICC Performance Code for Buildings and Facilities 2009
Edition" as published by the International Code Council be and is hereby adopted as the
Performance Code of the City of Dover in the State of Delaware for regulating and
governing the performance-based design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of building and/or fire protection systems in the city.
(d) The International Existing Building Code. That certain documents, three copies of which
are on file in the Licensing and Permitting Office of the city, being marked and
designated as "The International Existing Building Code 2009 Edition" as published by
the International Code Council be and is hereby adopted as the Existing Building Code of
the City of Dover in the State of Delaware for regulating and governing the repair,
alteration, change of occupancy, addition and relocation of existing buildings, including
historic buildings, as herein provided.
(e) The International Energy Conservation Code. That certain documents, three copies of
which are on file in the Licensing and Permitting Office of the city, being marked and
designated as "The International Energy Conservation Code 2009 Edition" as published
by the International Code Council be and is hereby adopted as the Energy Conservation
Code of the City of Dover in the State of Delaware for regulating and governing energy
efficient building envelopes and installation of energy-efficient mechanical, lighting and
power systems as herein provided.
Sec. 22-62. Definitions.
(a) Whenever the term "municipality" or "city" is used in the publications adopted by
reference in this article, it shall be construed to mean the City of Dover, Delaware.
(b) Whenever the term "corporation council" or "city attorney" is used in the publications
adopted by reference in this article, it shall be construed to mean the city solicitor.
(c) Whenever in the publications 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.
Sec. 22-63. Conflicting provisions.
In the event of any conflict between the provisions of the publications adopted by
reference in 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.
Sec. 22-64. Enforcement.
The building inspector shall enforce the provisions of this article.
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Sec. 22-65. Permit fees.
(a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools,
demolitions, moving, or construction plan reviews, a fee shall be paid unto the city as
provided for in Appendix F—Fees and Fines.
(b) Reinspection’s. There will be no charge for the first reinspection of a permit. For
subsequent reinspection’s the applicant shall pay a fee as provided for in Appendix F.
(c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving
permits shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building inspector may
waive the doubling of fees in cases where the building permit applicant is not a
professional contractor, and the work is not being done by a professional contractor.
(d) Fines. A fine shall be issued when any code official discovers any project has started or
has been completed without an approved permit.
Secs. 22-66—22-100. Reserved.
ARTICLE IV. ELECTRICAL INSTALLATIONS
Sec. 22-101. Electrical code adopted.
(a) Copies filed; effect. There is hereby adopted by reference, for the purpose of establishing
rules and regulations for the installation, renewal, extension, and reception of electric
wiring and electric apparatus in existing buildings, structures, or outdoor electrical
displays or signs, that certain code known as the "National Electrical Code," as
recommended by the National Fire Protection Association, and the same is hereby
adopted and incorporated as fully as if set out at length herein, and shall be controlling
for all electrical wiring and apparatus in buildings, structures, or outdoor electrical
displays, or signs within the city.
(b) Violations. It shall be unlawful for any person to violate any of the provisions of the code
adopted in subsection (a) of this section.
Sec. 22-102. Enforcement and inspections generally.
The publication adopted by reference in this article shall be enforced by the office of the
building inspector. The building inspector shall, upon the installation, renewal, extension, and
reception of any electric wiring and electric apparatus pursuant to this article, cause an inspection
or inspections to be made by himself or his duly authorized agents, to determine that the
electrical work conforms with the provisions of this article of the city and the statutes of the
state.
Sec. 22-103. Approved materials, fittings, and devices.
Only the materials, fittings, and devices enumerated in the listings of Underwriters'
Laboratories, Inc., or approved by the inspection authority, as revised from time to time, shall be
used in the electrical work regulated by this article.
Sec. 22-104. Emergency shutoff switch required for certain appliances.
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Whenever an application for inspection is required under the terms of this article for
electrical wiring and apparatus to be done in connection with a gas or oil burner installation in
any existing building or structure or in the construction, reconstruction, alteration, or repair of
buildings or structures, there shall be installed an emergency shutoff switch, with a red plate
thereon marked "oil burner" or "gas burner," as the case may be, at the entrance to the basement
or heating room.
Sec. 22-105. Application for inspection.
(a) Required. No person shall install, receive, renew, or extend electrical wires or conductors
to be used for the transmission of electric current for electric light, heat, or power
purposes in existing buildings, structures, or outdoor electrical displays or signs, or in the
construction, reconstruction, alteration or repair of buildings, structures or outdoor
electrical displays or signs, without first applying for an application for inspection to do
so pursuant to the provisions of this article.
(b) Addressee. All such applications for inspection shall be made to the building inspector or,
in lieu thereof, to the city's authorized inspection agency, hereinafter referred to as that
agency specializing in such inspections, as determined, and approved by the building
inspector.
(c) Form; contents. Such application form shall contain questions designed to elicit
information to determine whether or not said proposed electrical wiring and electrical
apparatus complies with all ordinances of the city or laws of the state.
(d) Fee. Each such application form shall be accompanied by a fee as prescribed by this
article.
(e) Proof to building inspector. The city's authorized inspection agency shall furnish to such
building inspector proof, in writing, that an application for inspection of the proposed
electrical wiring and electrical apparatus has been made to such agency to determine that
the electrical work conforms with the provisions of this article. The payment of all
inspection fees and charges of such agency shall be borne by the applicant.
(f) Inspection of premises. Each applicant for inspection shall cause the premises covered by
the application to be open for inspection to the building inspector and his agents and the
representative or representatives of the city's authorized inspection agency at all
reasonable times.
(g) Certificate of approval. Upon determination by the building inspector or any authorized
inspection organization that the proposed electrical wiring and electrical apparatus
comply with the National Electrical Code adopted in this article and the provisions of this
article and the provisions of the city ordinances and the laws of the state, a certificate of
approval shall be issued forthwith.
(h) Expiration. All applications for inspections shall expire at the expiration of one year from
the date of issuance by the building inspector or the city's authorized inspection agency.
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(i) False information. Any person making any false answer to any of the questions or items
set forth in such application form shall forthwith forfeit and surrender any application
issued pursuant thereto.
Sec. 22-106. Inspection of work under application.
(a) Purpose; concealed wiring. All inspections shall be made to ensure that the proposed
electrical work complies with the provisions of this article. No electric wiring shall be
concealed unless inspected and approved by the building inspector or his agents and the
representative of the city's authorized inspection agency, but such inspection or
reinspection shall be made within a reasonable time after notice of the completion of the
electrical work sought to be inspected for approval. A duplicate record of each written
approval made by the city's authorized inspection agency shall be filed with the building
inspector.
(b) Decisions by building inspector. All decisions made to determine whether or not the
proposed electrical work complies with the provisions of the National Electrical Code
shall be made by the building inspector.
(c) Stop work orders. The building inspector shall have the power to stop electrical work and
order the removal thereof when he determines that such work is being installed not in
conformity with all ordinances and the laws of the state.
(d) Waiver of inspection. The building inspector may waive his inspection of all or that
portion of the proposed electrical work for which he shall have received a duplicate
record of approval by the city's authorized inspection agency that it complies with the
provisions of this article. The building inspector shall be informed of all violations not
corrected within 15 days of notification to the contractor by the city's authorized
inspection agency.
Sec. 22-107. Inspection of existing wiring and apparatus.
(a) Required. In order to safeguard persons and property against the hazards and perils
incident to defective electric wiring and apparatus that are or may now be in existence
within the city, the building inspector is hereby given the duty to inspect with his agents
and the representative of the city's authorized inspection agency, when requested by
proper authority, or when public interest so requires, any premises within the city at
reasonable times to ensure that the existing electric wiring system and apparatus is are
not defective and unsafe.
(b) Decisions by building inspector. All decisions that the existing electric wiring system and
apparatus is defective shall be made by the building inspector, in writing, on notice to the
owner of the premises served forthwith personally or by regular mail addressed to the
address as shown on the latest tax records, with reasons for his decision.
(c) Corrections. Upon the building inspector's decision that the existing electric wiring
system is defective and unsafe as aforesaid, the system or portions of the system which
are defective and unsafe shall be discontinued until it is corrected and made to comply
with the provisions of this article.
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Sec. 22-108. Permit exemptions.
(a) Enumerated. No permit shall be required under this article for the following electrical
work:
(1) Minor repairs. Any minor repair work, such as the replacement of lamps and
fuses;
(2) Utility companies. Any electric light or power company, electric railway
company, steam railway company, diesel railway company, or telegraph or telephone
company, and any person performing the electrical work of any such company, when
such work is a part of the plant, or services used by the company in rendering its
authorized service to the public;
(3) Employees on the premises. Any person employed by any other person to repair
and maintain or to supervise the repair and maintenance of any electrical equipment
on the premises and buildings of the employer;
(4) Home installations. Any person who installs his own electrical work, service, or
equipment in or about his own home and not for sale, except that such person shall be
required to file an application for inspection with the proper electrical inspection
authority;
(5) Supervised employees. Any employee of any person engaged in the performance
of electrical work while under the supervision of any master electrician, or general
master electrician limited;
(6) Agricultural property. Property used exclusively for agricultural purposes, except
for the necessity to file for an application for an inspection certificate with the
authorized inspection authority where new installations are involved;
(7) Electrical engineers. Any manufacturing or industrial establishment retaining in
its own employment a professional electrical engineer with at least ten years
experience in planning and design. Such engineer may inspect the plant's additional
electrical installations if the said industrial plant files with the state board of electrical
examiners and the building inspector the name of the electrical engineer that would
be responsible for such electrical inspection and files with the board of electrical
examiners and the building inspector a letter stating that all additional electrical
installations meet the minimum standards of the National Electrical Code once a year.
(b) Insertion of devices, appliances. Nothing in this article shall be construed so as to forbid
the insertion in electrical circuits by unlicensed persons of devices or appliances which
are properly designed for such insertion and for which proper wiring and insertion
devices are installed.
(c) Heating, etc. Nothing in this article shall be so construed as to restrict anyone from
servicing equipment in the fields of heating, air conditioning, refrigeration, or appliances.
Sec. 22-109. Permit fees.
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(a) No fee. There shall be no fee for permits or renewals thereof by the building inspector as
may be required by this article.
(b) Applications for inspections. Fees for applications for inspections issued by the city's
authorized inspection agency, as may be required of this article, shall be as determined by
said agency and approved by the building inspector.
Sec. 22-110. Violations.
Any person who shall violate any of the provisions of this article or fail to comply
therewith, or who shall violate or fail to comply with any order made thereunder, or who shall do
or cause to be done electrical work in violation of any detailed statement, or specifications or
plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from
which no appeal has been taken, or who shall fail to comply with such an order as affirmed or
modified by the building inspector within the time fixed therein, shall, severally for each and
every such violation and noncompliance respectively, be punished as provided for in Appendix
F—Fees and Fines. The imposition of one penalty for any violation shall not excuse the violation
or permit it to continue, and all such persons shall be required to correct or remedy such
violations or defects within a reasonable time.
Sec. 22-111. Modifications.
The building inspector shall have the power to modify any of the provisions of this
article, upon application, in writing, by the owner of a premises or his agent, when there are
practical difficulties in the way of carrying out the strict letter of this article, provided that the
spirit of this article shall be observed, public safety secured, and substantial justice done.
Sec. 22-112. Appeals.
(a) Demand for hearing. Every applicant and owner of a premises and other parties in
interest shall have the right to demand, in writing, a hearing before the board of
adjustment to contest any decision or order made by the building inspector pursuant to
this article. Such demand for a hearing shall be signed by the contesting party, stating
what portions of the building inspector's decision or orders are contested and his interest
in the premises.
(b) Time and place for hearing; notice. The board of adjustment shall fix a time and place for
the hearing, not less than ten days, nor more than 30 days after receiving such demand for
a hearing and cause a notice of the hearing to be served personally or by regular mail on
the contestant, owner of the premises and other parties in interest.
(c) Appearances; evidence. The contestant, owner of the premises, and other parties in
interest shall have the right to appear in person, or otherwise, and give testimony at the
hearing, and the rules of evidence prevailing in the courts shall not be controlling.
(d) Decision; service on parties in interest. The board of adjustment, within a reasonable
time after such a hearing, shall make its decision, and the city clerk shall serve a copy of
the decision personally or by regular mail on the contestant, owner of the premises, and
other parties in interest.
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Sec. 22-113. Restriction on city's liability and inspections.
The city shall not incur liability, with regard to the installation, wiring, or appliances
used, from any violation of this article or from any accident resulting from the installation, and
shall not be obliged to inspect any installation before or after electricity is introduced.
Secs. 22-114—22-140. Reserved.
ARTICLE V. MECHANICAL CODE
Sec. 22-141. Adopted.
(a) Certain documents, three copies of which are on file in the Licensing and Permitting
Office of the city, being marked and designated as the International Mechanical Code
2009 Edition, including appendix chapter "A", as referenced in the building code adopted
in 22-61(a), published by the International Code Council, be and is hereby adopted as the
code of the city for regulating the design, construction, quality of materials, erection,
installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of mechanical systems in the city and providing for the issuance of permits
and collection of fees therefore; and each and all of the regulations, provisions,
conditions, and terms of such International Mechanical Code, as referenced in the
building code adopted in section 22-61(a), published by the International Code Council,
on file in the office of the city are hereby referred to, adopted and made a part hereof as if
fully set out in this section. The following sections of the International Mechanical Code
are hereby revised:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump
permit fees" in place of "The fees for all mechanical work shall be as indicated in the following
schedule:"
In place of:
Section 106.5.3 Fee refunds. Delete in its entirety.
SECTION 108 VIOLATIONS
Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code
Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who shall erect, install,
alters, or repair, a plumbing work in violation of the approved construction documents or
directive of the code official, or of a permit or certificate issued under the provisions of this code,
shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT],
or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each
day that a violation continues after due notice has been served shall be deemed a separate
offense."
Section 108.5 Stop work orders. Insert "See 22-61(a)International Building Code, Section 114.3
Unlawful continuance" in place of "Upon notice from the code official that mechanical work is
being done contrary to the provisions of this code or in a dangerous and unsafe manner such
work shall immediately cease. Such notice shall be in writing and shall be given to the owner of
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the property, or to the owner's agent, or to the person doing the work. The notice shall state the
conditions under which work is authorized to resume. Where an emergency exists, the code
official shall not be required to give a written notice prior to stopping work. Any person who
shall continue any work in or about the structure after having been served with a stop work order,
except such work as that person is directed to remove a violation or unsafe condition, shall be
charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT]
dollars or more than [AMOUNT] dollars"
SECTION 109 MEANS OF APPEAL. Delete section in its entirety.
(b) If any section, subsection, sentence, clause, or phrase of this section is, for any reason,
held to be unconstitutional, such decision shall not affect the validity of the remaining
portions of this section. The city council hereby declares that it would have passed the
ordinance from which this section derives, and each section, subsection, clause, or phrase
thereof, irrespective of the fact that anyone (1) or more sections, subsections, sentences,
clauses, and phrases be declared unconstitutional.
Sec. 22-142. Definitions.
(a) Whenever the word "municipality" or the word "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 be construed to 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.
Sec. 22-143. Conflicting provisions.
In the event of any conflict between the provisions of the publication 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
Sec. 22-144. Enforcement.
The building inspector shall enforce the provisions of the publication adopted by
reference in this article.
Sec. 22-145. Heating, air conditioning, and heat pump permit fees.
(a) Enumerated. Before any heating, air conditioning, or heat pump permit shall be issued, a
fee shall be paid unto the city as provided for in Appendix F—Fees and Fines.
(b) Doubling of fees. Fees established in this section shall double in the event that a permit is
applied for after construction has commenced without the permission of the building
inspector. The building inspector may waive the doubling of fees in cases where the
building permit applicant is not a professional contractor, and the work is not being done
by a professional contractor.
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(c) Fines. A fine shall be issued when any code official finds any project has started or has
been completed without an approved permit.
Secs. 22-146—22-180. Reserved.
ARTICLE VI. PLUMBING CODE
Sec. 22-181. Adopted.
(a) [International Plumbing Code.] Certain documents, three copies of which are on file in
the Licensing and Permitting Office in the city, being marked and designated as
International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as
referenced in the building code adopted in 22-61(a), published by the International Code
Council, be and is hereby adopted as the code of the city for regulating the design,
construction, quality of materials, erection, installation, alteration, repair, location,
relocation, replacement, addition to, use or maintenance of plumbing systems in the city
and providing for the issuance of permits and collection of fees therefore; and each and
all of the regulations, provisions, conditions and terms of such International Plumbing
Code, as referenced in the building code adopted in 22-61(a), published by the
International Code Council, on file in the office of the city are hereby referred to, adopted
and made a part hereof as if fully set out in this section. The following sections are
hereby revised:
Exception: The 2009 International Private Sewage Disposal portion of this code is not
adopted, as enforced by other authorities having jurisdiction.
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
Section 106.6.2 Fee Schedule. Insert "See Section 5.75 22-65 Permit Fees" in place of "The
fees for all plumbing work shall be as indicated in the following schedule:
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]".
Section 106.6.3 Fee refunds. Delete in its entirety.
Section 108.4 Violation Penalties. Insert: "See Section 22-61(a) International Building Code
Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this
code or shall fail to comply with any of the requirements thereof or who shall erect, install,
alters, or repair, a plumbing work in violation of the approved construction documents or
directive of the code official, or of a permit or certificate issued under the provisions of this code,
shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT]
dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and
imprisonment. Each day that a violation continues after due notice has been served shall be
deemed a separate offense."
Section 108.5 Stop work orders. Insert "See Section 22-61(a) International Building Code,
Section 114.3 Unlawful continuance" in place of "Upon notice from the code official, work on
any plumbing system that is being done contrary to the provisions of this code or in a dangerous
and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to
the owner of the property, or to the owner's agent, or to the person doing the work. The notice
shall state the conditions under which work is authorized to resume. Where an emergency exists,
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the code official shall not be required to give written notice prior to stopping work. Any person
who shall continue any work in or about the structure after having been served with a stop work
order, except such work as that person is directed to perform to remove a violation or unsafe
condition, shall be charged with a violation of this section and shall be liable to a fine of not less
than [AMOUNT] dollars or more than [AMOUNT] dollars."
(b) International Fuel and Gas Code. That certain documents, three copies of which are on
file in the Licensing and Permitting Office of the city being marked and designated as
"The International Fuel and Gas Code, 2009 Edition" as published by the International
Code Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in
the State of Delaware; for regulating and governing fuel gas systems and gas fired
appliances as herein provided.
(c) [Severability.] That if any section, subsection, sentences, clause, or phrase of this section
is, for any reason, held to be unconstitutional, such decision shall not affect the validity of
the remaining portions of this section. The city council hereby declares that it would have
passed the ordinance from which this section derives, and each section, subsection,
clause, and phrase therefore, irrespective of the fact that any one or more sections,
subsections, sentences, clauses, and phrases be declared unconstitutional.
Sec. 22-182. Definitions.
(a) Whenever the word "municipality" or the word "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 council" 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.
Sec. 22-183. 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.
Sec. 22-184. Enforcement.
The building inspector shall enforce the provisions of the publication adopted by
reference in this article.
Sec. 22-185. Permit fees.
(a) Enumerated. Before any permit shall be issued for a plumbing permit a fee shall be paid
unto the city as provided for in Appendix F—Fees and Fines.
(b) Doubling of fees. Fees established in this section shall double in the event that a permit is
applied for after construction has commenced without the permission of the building
inspector. The building inspector may waive the doubling of fees in cases where the
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building permit applicant is not a professional contractor, and the work is not being done
by a professional contractor.
(c) Fines. A fine shall be issued when any code official finds a project has started or has been
completed without an approved permit.
Sec. 22-186. Water conservation performance standards.
(a) General policy. No water shall be provided for internal or external use to any residential,
commercial, industrial, agricultural, recreational, governmental, or public building or
structure of any kind which is constructed or remodeled and in which plumbing, water
piping, or water fixtures are to be installed, extended or altered in any way and for which
construction a permit is required to be obtained (or would be required but for an
exemption from a permit requirement for public or governmental agencies) unless the
new, extended or altered plumbing, water piping and other water fixtures therein conform
to the requirements and standards of subsection (b) of this section. The provisions of this
section apply to any such building or structure for which such a building permit is issued
or would otherwise be required to be issued but for such an exemption on or after
December 10, 1990.
(b) Plumbing fixtures and fittings.
(1) Water closets and associated flushing mechanisms. The water consumption of
water closets shall not exceed an average of 1.6 gallons per flush cycle. The fixture
shall perform in accordance with the test requirements of the ANSI A122.19.2M and
ANSI A112.19.6M.
(2) Urinals and associated flushing mechanisms. Urinal water consumption shall not
exceed an average of 1.5 gallons per flush cycle. The fixtures shall perform in
accordance with the test requirements of ANSI 122.19.2M and ANSI A112.19.6M.
(3) Showerheads. Showerhead discharge rates shall not exceed three gallons of water
per minute. The fixture shall perform in accordance with the test requirements of
ANSI A122.18.1M.
(4) Faucets. Sink and lavatory faucet discharge rates shall not exceed three gallons of
water per minute. The fixture shall perform in accordance with the test requirements
of ANSI A112.18.1M.
(c) Special provisions.
(1) Special purpose equipment. The performance standards of subsection (b) of this
section shall not apply to fixtures and fittings, such as emergency showers, aspirator
faucets, and blowout fixtures, that, in order to perform a specialized function, cannot
meet the specified standards.
(2) Exemptions. Any person may apply to the city for an exemption to the terms of
this section, which may be granted by the city manager upon proof that some other
device, system, or procedure will save as much or more water as those set forth herein
or that those set forth herein cannot be complied with without undue hardship.
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(d) Modification and removal. The city may from time to time modify, add to, or remove the
standards and restrictions herein.
Secs. 22-187—22-220. Reserved.
ARTICLE VII. PROPERTY MAINTENANCE CODE
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 I - In General, Sec. 22-1 Construction and 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 workspaces. 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).
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.
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.
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Sec. 22-224. Enforcement.
The code official shall enforce the provisions of the publication adopted by reference in
this article.
Sec. 22-225. Violations.
(a) The Division of Code Enforcement, in accordance with the procedures set forth in the
International Property Maintenance Code adopted in section 22-221, shall inspect all
properties for compliance with the International Property Maintenance Code and all
applicable codes to ensure compliance.
(b) Notification. Following an inspection, the code official shall issue a letter and/or report of
any code violations and provide a timeline for compliance. There shall be no fee for the
first inspection.
(c) Notices. All notices of a code violation will be in writing and sent via first-class mail,
certified mail, electronic mail, or hand-delivered. A valid consent form must be on file to
receive electronic mail.
(d) Owner’s address. The owner of the property shall be responsible for maintaining an
accurate mailing address with the City of Dover tax office at all times.
(e) Compliance Date. Unless otherwise specified, all code violations must be corrected
within 30 days from the notice of violation. All code violations must be reinspected by
the code official to confirm compliance with the code.
(f) Life Safety Violations. Code violations with an immediate threat to general welfare or life
safety must be corrected within 48 hours from the issuance of the violation notice. These
code violations are subject to an immediate penalty and shall be fined as provided in
Appendix F-Fees and Fines. Every life safety violation shall be treated as an individual
and separate offense.
(g) Failure to schedule. Failure to schedule a reinspection by the date provided by the code
official shall be fined as provided in Appendix F-Fees and Fines.
(h) Non-compliance. Failure to correct all code violation(s) by the date provided by the code
official shall be fined as provided in Appendix F--Fees and Fines.
Secs. 22-226—22-250. Reserved.
ARTICLE VIII. LEASES
Sec. 22-251. Unlawful leases.
(a) Compliance with zoning. No owner or landlord shall enter into any agreement, contract,
lease, or sublease which provides for, permits, allows, contemplates, or facilitates
occupancy of any structure contrary to the use requirements of the city zoning ordinance
as set forth in Appendix B. Any agreement, contract, lease, or sublease which provides
for, permits, allows, contemplates, or facilitates such occupancy by more persons than
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permitted in Appendix B to this Code is unlawful and hereby declared to be contrary to
public policy.
(b) Noise; disorderly conduct; drugs. All agreements, contracts, leases, or subleases for the
occupancy of dwelling units shall prominently stipulate that any renter or occupier of the
rental unit shall not violate section 42-2 pertaining to noise or section 70-3 pertaining to
disorderly conduct in connection with the use of the premises and shall also prominently
stipulate that any renter or occupant of the rental unit shall not commit any drug offense
on the premises. The agreement, contract, lease, or sublease shall also prominently
stipulate that if any renter or occupant shall be convicted more than one time in any one-
year period of violating section 42-2 pertaining to noise or section 70-3 pertaining to
disorderly conduct in connection with the use of the premises or is convicted of any drug
offense which occurred on the premises, the renter or occupier shall be considered to
have breached a lawful obligation relating to his use of the premises and shall be grounds
for termination of the agreement, contract, lease, or sublease as it applies to that renter or
occupant.
(c) Notice of conviction to landlord. The city shall notify the landlord, owner, or owner's
agent if a renter or occupant of the rental unit is convicted of violating section 42-2
pertaining to noise, section 70-3 pertaining to disorderly conduct, or any drug law. Notice
shall be deemed to be properly served upon the owner or the owner's agent if a copy
thereof is delivered to the owner, or the owner's agent; or by leaving a notice at the usual
place of abode, in the presence of someone in the family of suitable age and discretion,
who shall be informed of the contents thereof, or by certified mail addressed to the owner
or the owner's agent at the last known address, with return receipt requested; or lastly by
posting a copy thereof in a conspicuous place in or about the structure affected by the
notice.
(d) Notice to renter. Within seven days of the receipt of notice that a renter or occupier has
been convicted of violating section 42-2 pertaining to noise or section 70-3 pertaining to
disorderly conduct, the landlord, owner, or owner's agent shall cause notice to be served
upon the affected renter or occupier that if a second such violation occurs within one
year, the rental agreement will be terminated.
(e) Second violation; termination of lease. Within seven days of the receipt of the notice that
a renter or occupier has been convicted of a second violation of section 42-2 pertaining to
noise or section 70-3 pertaining to disorderly conduct, or has been convicted of a drug
offense, the landlord, owner, or owner's agent shall cause to be served upon the affected
renter or occupier, notice that the rental agreement is terminated and that the renter or
occupier has not more than seven days to vacate the unit.
(f) Failure of renter or landlord to comply. If the renter or occupier fails to vacate the unit
within the time specified in the notice, the landlord, owner, or owner's agent shall
immediately initiate and diligently pursue, in good faith, summary proceedings for
possession as specified in the Residential Landlord-Tenant Code (25 Del. C. § 5101 et
seq.). The failure of the landlord, owner, or owner's agent to initiate or diligently pursue,
in good faith, summary proceedings for possession shall constitute a violation of this
section and shall subject the landlord, owner, or owner's agent to the penalties provided
herein.
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(g) Violations; penalties. Any person, firm, or corporation who violates any provision of this
section shall have his rental license for the premises revoked and shall be punished by a
fine as provided for in Appendix F—Fees and Fines.
Secs. 22-252—22-280. Reserved.
ARTICLE IX. LODGING HOUSES
DIVISION 1. GENERALLY
Sec. 22-281. Purpose; applicability; definitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety, and
welfare insofar as the continued occupancy and maintenance of lodging houses operated
for public use affect them. The health, safety, and welfare of the occupants of the lodging
houses are of the utmost importance to the city.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating
to lodging houses. Where, in this article, different sections of this Code may specify
different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms, and phrases, when used in this article, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Lodging house means a building operated principally for the temporary residence of the transient
public, including, but not limited to, hotels, motels, inns, boardinghouses, rooming houses,
tourist homes, and dormitories.
(d) Compliance. No person shall operate, occupy, or let to another for occupancy any lodging
house which is not in compliance with this chapter. No person shall operate, occupy, or
let another occupancy any lodging house unless it is clean and sanitary, and complies
with the requirements of this article.
Sec. 22-282. Responsibilities of operator.
The operator of every lodging house shall be responsible for:
(1) Maintaining all supplied bedding in a clean and sanitary condition;
(2) Changing all supplied bed linens and towels at least once each week and upon the
renting of any room;
(3) Supplying clean towels daily;
(4) Maintaining the property in accordance with the International Property
Maintenance Code adopted in section 22-221 and the International Fire Code adopted
in section 46-121(a).
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Secs. 22-284—22-300. Reserved.
DIVISION 2. PERMIT
Sec. 22-301. Generally.
(a) Required. It shall be unlawful for any person to let, or offer to let, space in any lodging
house by advertisement, without first obtaining a permit from the licensing division of the
Department of Planning and Inspections in order to determine compliance with the
provisions of this chapter.
(b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the
annual permit shall be as provided for in Appendix F—Fees and Fines.
(c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid on
the date due, then the permittee shall incur a penalty fee as provided for in Appendix F—
Fees and Fines until the same is paid.
(d) Reinstatement fee. An owner whose permit has been suspended in accordance with
section 22-303 shall pay a reinstatement fee as provided for in Appendix F—Fees and
Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
date a notice thereof is mailed to the owner, then such fees may be entered into the
municipal lien docket as a lien owing the city, and the same may be turned over to the
city solicitor for collection.
(f) Utilities. The owner or occupant of any lodging house shall not be entitled to receive city
utilities until the permit fee required in this section is paid in full and city personnel shall
refuse to provide sewage, water, and electricity to the property until satisfactory proof is
furnished that such permit fee has been paid.
Sec. 22-302. Application and issuance.
No permit shall be issued until the applicant has complied with the provisions of this
chapter applicable to lodging house and until the applicant has furnished the licensing division of
the Department of Planning and Inspections with any other information that may be required.
Sec. 22-303. Suspension.
(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold
the permit paid for, pursuant to this division, when he determines that the lodging house
or the premises surrounding the lodging house fails to meet the requirements of this
chapter or any rule or regulation issued pursuant thereto. Suspension shall last until the
violations have been corrected to the satisfaction of the building inspector, or the
suspension shall have been reversed on appeal.
(b) Notice to owner. Upon suspending any permit under this section or withholding the
permit paid for, the building inspector shall notify the owner of the violations of the
applicable code and shall prescribe a period in which the violation shall be corrected.
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(c) Appeal. Any owner or operator of any lodging house, whose permit to operate the
structure is suspended by the building inspector pursuant to the procedures of this section,
shall have the right to appeal and notice as provided in section 22-225.
(d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the
building inspector and upon the permittee serving the city clerk with a notice of appeal
pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit
shall remain in force until the appeal is decided.
Secs. 22-304—22-330. Reserved.
ARTICLE X. RENTAL DWELLINGS
DIVISION 1. GENERALLY
Sec. 22-331. Purpose; applicability; definitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety, and
welfare insofar as they are affected by the continued occupancy and maintenance of
dwellings operated for lease to the public. The health, safety, and welfare of the
occupants of the dwellings are of the utmost importance to the city, as is the general
community character in which these dwelling units are located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating
to rental dwellings. Where, in this article, different sections of this Code may specify
different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms, and phrases, when used in this article, shall have
the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
(1) Criminal activity is defined as any crime classified by applicable law as a (a)
felony, (b) Class A misdemeanor, or (c) any of the following offenses: any drug
offense defined by Title 16 of the Delaware Code, and the following misdemeanors in
addition to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: §
601—Offensive touching, § 602—Menacing, § 628—Vehicular assault 3, § 763—
Sexual harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—
Graffiti, § 820—Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime
against a vulnerable adult, § 1106—Unlawfully dealing with a child, § 1301—
Disorderly conduct, § 1313—Malicious interference with emergency
communications, § 1315—Public intoxication, § 1321—Loitering, § 1322—Criminal
nuisance, § 1323—Obstructing of public passage, § 1341—Lewdness, § 1342—
Prostitution, § 1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a
dangerous weapon, § 1446—Unlawfully dealing with a switchblade knife.
(2) Dwelling unit means a single unit providing complete independent living facilities
for one or more persons, including permanent provisions for living, sleeping, eating,
cooking, and sanitation.
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(3) Multiple-family dwellings means dwelling units operated as a group and located in
the same building. This shall include apartments, lodging house, condominium
dwelling units, and accessory apartments located within structures principally used
for owner occupancy.
(4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or
persons in exchange for monetary payment or provision of goods or services to the
owner of the dwelling unit.
(5) Single-family dwellings means dwelling units operated singly, and separated from
other units. In general, this definition shall apply to single-family detached dwellings;
mobile homes and manufactured homes; and attached units, including duplexes and
townhouses.
(d) Compliance required. No person shall operate, occupy, or to let to another for occupancy
any dwelling which is not in compliance with the International Property Maintenance
Code adopted in section 22-221 and all other applicable codes.
Sec. 22-332. Inspection required.
(a) The Code Enforcement Office, in accordance with the procedures set forth in the
International Property Maintenance Code adopted in section 22-221, shall inspect rental
dwellings for compliance with the property maintenance code and all other applicable
codes to ensure compliance.
(b) An inspection is required prior to the issuance of any new rental dwelling permit. No new
permit shall be issued until all outstanding code violation(s) comply with the code and are
verified for compliance by the code official.
The owner of the rental dwelling or a property manager must be present for all scheduled
inspections. Failure to meet this requirement will result in the scheduled inspection to be
terminated and shall be fined as provided in Appendix F-Fees and Fines. Property
manager is defined in Sec. 22-333(a).
(c) It shall be the responsibility of the owner or property manager to schedule all required
inspections.
(e) Following an inspection, the code official shall issue a letter and/or report of any code
violations and provide a timeline for compliance. There shall be no fee for the first
follow-up inspection when all violations comply with the code. Each subsequent
reinspection shall be subject to a fee as provided for in Appendix F—Fees and Fines.
Sec. 22-333. Agent required.
(a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall
be required to have a licensed property manager residing or having an office located in
the county, or a family member or other designated individual who does not manage any
other rental real estate for a fee and who resides in the county acting as a property
manager. The property manager, including family members and designated individuals,
shall have charge, care, and control of the rental dwelling, and shall provide access to the
rental dwelling for inspection, upon request by the code official, within a reasonable time.
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(b) Corporate or partnership owners. Any corporation or partnership owning a rental
dwelling shall have a designated member, partner, or employee having charge, care, and
control of the rental dwelling. The designated member, partner, or employee shall reside
in or have an office located in the county, or shall be required to have a licensed property
manager residing or having an office located in the county, or a family member or other
designated individual who does not manage any other rental real estate for a fee, and who
resides in the county, acting as a property manager. The property manager, family
members, or other designated individuals shall have charge, care, and control of the rental
dwelling, and shall provide access to the rental dwelling for inspection, upon request by
the code official, within a reasonable time.
(c) The lessee of the dwelling cannot be the agent for the dwelling they lease.
(d) The property owner is required to provide agent updates by submitting a new Rental
Dwelling Permit application.
Sec. 22-334. Insurance required.
(a) Any owner of a rental property shall have sufficient property insurance that covers the
amount to replace the estimated value of the improvements on the property and provide
protection for claims resulting from fire or other damages.
(b) Proof of insurance coverage shall be provided upon application for a new rental permit
and upon each annual renewal thereafter.
Secs. 22-335—22-350. Reserved.
DIVISION 2. PERMIT
Sec. 22-351. Generally.
(a) Single-family dwellings. It shall be unlawful for any person to operate any single-family
rental dwelling without obtaining a permit from the licensing division of the Department
of Planning and Inspections to determine compliance with the appropriate provisions of
this article. The permit shall expire annually on January 31. The fee for the annual permit
shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental
dwelling permits issued after January 31 will be prorated from the date the permit is
issued until the next January 31.
(b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple
dwelling without first obtaining an annual permit therefore from the licensing division of
the Department of Planning and Inspections to determine compliance with the
appropriate provisions of this article. The permit shall expire annually on January 31, and
the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines.
The permit fee for rental dwelling permits issued after January 31 will be prorated from
the date the permit is issued until the next January 31.
(c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the
date due, then the permittee shall incur a penalty fee as provided for in Appendix F—
Fees and Fines until the same is paid.
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(d) Reinstatement fee. An owner whose permit has been suspended in accordance with
section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees and
Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
date a notice thereof is mailed to the owner, then such fees shall be entered in the
municipal lien docket as a lien owing the city; and the same may be turned over to the
city solicitor for collection.
(f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any new
city utilities until the permit fee required in this section is paid in full and city personnel
shall refuse to provide sewage, water, and electricity to the property until satisfactory
proof is furnished that such permit fee has been paid.
(g) Failure to obtain a Rental Dwelling Permit. Any owner of a rental property that fails to
obtain or renew a Rental Dwelling Permit shall be fined as set forth in Appendix F-Fees
and Fines.
Sec. 22-352. Suspension.
(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold
the permit paid for, pursuant to this division, when:
(1) The building inspector determines that any dwelling or the premises surrounding
the dwelling fails to meet the requirements of this chapter or any rule or regulation
issued pursuant thereto;
(2) The failure of the property owner or property manager to initiate and prosecute in
good faith eviction proceedings following notification by the city that the terms of the
safe communities lease addendum have been violated; or
(3) The failure of the property owner or property manager to attend a safe
communities seminar when required by section 22-371(b).
Suspension shall last until the violations have been corrected to the satisfaction of the
building inspector, or the suspension shall have been reversed.
(b) Notice of violations. Upon suspending any permit under this section or withholding the
permit paid for, the building inspector shall notify the owner of the violations of the
applicable code and shall prescribe a period in which the violation shall be corrected.
(c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is
suspended by the building inspector pursuant to the procedures of this section, shall have
the right to appeal and notice as provided in section 22-225.
(d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the
building inspector and upon the permittee serving the city clerk with a notice of appeal
pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit
shall remain in force until the appeal is decided.
Secs. 22-353—22-355. Reserved.
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DIVISION 3. SHORT-TERM RENTAL USE
Sec. 22-356. Purpose; applicability; definitions; compliance.
(a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one-
family dwellings (residences) in established areas of the city as an economic asset,
allowing for increased travel, visitation, and tourism and affording property owners of the
opportunity to earn revenue from such occupancy, while ensuring that such uses do not
become a nuisance, that neighborhood character is not compromised, and that such
businesses are properly operated and maintained. The purpose of this division shall be to
minimize public safety risks and public nuisances, such as noise, trash, and parking
problems; to ensure that traditional neighborhoods are not turned into tourist areas to the
detriment of long-term residents; and to ensure that individual dwellings are not turned
into pseudo hotels or party houses.
(b) Applicability. Short-term rental use (STRU) shall be allowed in any one-family dwelling
as defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance
wherever such are allowed by right and do not require a variance or conditional use
approval.
(c) Definitions. The following words, terms, and phrases, when used in this article, shall have
the meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Good neighbor brochure means a document provided by the owner to the guest or guests
and containing: the name and telephone number for the owner; notification on standards
of behavior and occupancy relating to parking, noise, trash collection, waste disposal,
street maintenance, snow removal, and public safety services and including contact and
web access information; and such other information as the city may from time to time
prescribe.
Guest or guests means the individual or individuals securing the short-term rental use for
the purposes of staying overnight.
Owner means the person or persons holding legal or equitable title to the property being
offered as a short-term rental use.
Short-term rental use (STRU) means rental of all or a part of a residential one-family
dwelling unit which is made available by agreement for a residential occupancy by a
tenant in exchange for compensation for a duration of a temporary occupancy of less than
30 days. Rentals of 30 days or more shall comply with the provisions of divisions 1 and 2
of this chapter. Lodging houses as defined in Article IX; section 22-281 is not included as
short-term rental uses under this division.
(d) Compliance. No person shall operate, offer for occupancy, or let to another for occupancy
as a short-term rental use any dwelling which is not in compliance with this article or any
other applicable codes.
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Sec. 22-357. Registration and inspection requirements; inspection required for life safety
and building purposes; short-term rental use license required.
(a) The owner of any dwelling proposed for a short-term rental use must obtain an annual
short-term rental use license.
(b) An inspection by the city Code Enforcement Office shall be required to determine
compliance with property maintenance and all other applicable codes. Any items in non-
compliance shall be remedied before a license is granted. The inspection shall be required
the first time a license is issued and may be required at renewal at the discretion of the
Code Enforcement Office. The rental license must be kept current during any time the
dwelling is offered as a short-term rental use.
(c) The license shall be valid for up to one year and must be renewed no later than January
31 of each year of continued operation.
(d) The short-term rental use license must be clearly displayed inside the dwelling along with
any state licenses or permits.
(e) The short-term rental use license may not be transferred to any party except heirs and
assigns and shall be void upon transfer of ownership of the property where the short-term
rental use is located.
Sec. 22-358. Owner obligations.
An owner of a dwelling seeking to use a property as a short-term rental use shall comply
with the following obligations:
(1) The owner of the property being offered as a short-term rental use must be a
resident of the city. Determination of residency shall be based on meeting city voting
residency eligibility. Such owner may offer for short-term rental use only that
property which is the owner's primary residence.
(2) A property not owned by a resident of the city shall not be used as a short-term
rental use. Such property shall not be used for overnight accommodations unless such
property qualifies as a bed and breakfast inn pursuant to Dover Code, Appendix B—
Zoning, Article 3—District Regulations.
(3) A good neighbor brochure must be provided in the dwelling listing city provisions
as required.
Sec. 22-359. Limitations on occupancy and use.
(a) The number of guests 12 years and older permitted at any time shall not exceed twice the
number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum of 12
individual occupants of all ages at any one time regardless of the number of bedrooms
available.
(b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in
total; all parking shall comply with all requirements relating to street maintenance, fire
access, parking on paved surfaces, trash collection, obstacles to travel, or other
requirements. Violations shall be ticketed offenses.
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(c) Signage identifying the short-term rental use, if desired, shall be limited to one sign,
mounted on the dwelling, not illuminated, and not to exceed one square feet foot in size
overall. A sign permit must be obtained for any desired sign.
(d) Access to a full bath must be provided.
(e) Guests shall be prohibited from further subletting the dwelling.
(f) Weddings, graduation parties, corporate events, commercial functions, large gatherings,
or other special events associated with the STRU shall be prohibited unless a city special
event permit shall have been granted for a specific activity and date.
(g) The owner has the responsibility to not knowingly allow any illegal or criminal activity
on the property nor permit the guests to create a public nuisance including, but not
limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a
disorderly premise, generation of trash, or other behavior which unreasonably disturbs
the peace, safety and general welfare of the neighborhood as provided in this chapter and
pursuant to Chapter 70—Offenses and Miscellaneous Provisions, Section 70-8—
Disorderly Premises and Chapter 42—Environment, Section 42-2—Noise of the Dover
Code of Ordinances.
Sec. 22-360. Enforcement, fees, and penalties, reporting.
(a) Short-term rental license. Payment of a short-term rental use license fee as set forth in
Appendix F—Fees and Fines is required annually beginning January 31 of each year; the
fee will be prorated for a partial year.
(b) Failure to register and obtain a license. Penalties fines for failure to register and obtain a
license shall be as set forth in Appendix F—Fees and Fines.
(c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use,
shall be as set forth in Appendix F—Fees and Fines.
(d) A dwelling cited three times by the Code official or by any city department as a nuisance
or the location of illegal or criminal activity within any consecutive 12-month period
shall have its short-term rental use license suspended for not less than the rest of the
license year or a longer period up to permanently.
(e) The owner shall voluntarily report to the city annually documenting the occupancy and
frequency of rentals obtained, such report to be completed by January 31 of the following
year as part of the license renewal and for the purposes of building a database of STRU
activity and economic impact, not for enforcement or tax purposes.
Sec. 22-361. Enforcement, notice, and appeals.
Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings
and Building Regulations, Chapter 42—Environment, and Chapter 70—Offenses and
Miscellaneous Provisions of the Code of Ordinances.
Secs. 22-362—22-369. Reserved.
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DIVISION 4. SAFE COMMUNITIES
Sec. 22-370. Criminal activity.
Tenants of rental dwellings, any member of the tenant’s household, any guest, or other
person under the tenant’s control shall not engage in criminal activity on or within 500 feet of the
lot on which the rental dwelling resides.
Sec. 22-371. Safe Communities seminar.
(a) The City of Dover Police Department shall offer a Safe Communities seminar a
minimum of two times each calendar year. The seminar shall be voluntary, except in the
following circumstances:
(1) When a rental dwelling permit has been suspended in accordance with section 22-
352, the property owner or manager shall attend the seminar prior to reinstatement of
the suspended rental dwelling permit; or
(2) When a rental dwelling has been the subject of response by the police department
on three or more occasions within a six-month period, due to occasions where the
tenant, any member of the tenant's family, or any guest or other person under the
tenant's control have engaged in criminal activity, the property owner or managers
shall attend the seminar.
(b) Upon notification by the chief of police that the Safe Communities seminar is required in
accordance with subsection (2) above, the Department of Planning and Inspections shall
notify the property owner and/or property manager that he is required to attend the next
scheduled Safe Communities seminar. Such notice shall be sent by U.S. Mail, evidenced
by Certificate of Mailing to the property owner and property manager if a property
manager is on record with the Department of Planning and Inspections.
Sec. 22-372. Safe Communities Lease Addendum.
(a) All residential leases shall include a Safe Communities Lease Addendum, signed by the
property owner and tenant, in the following form:
In addition to all other terms of the lease, landlord and tenant agree as follows:
(1) The tenant, any member of the tenant's household, any guest, or any other person
under the tenant's control on or within 500 feet of the leased premises:
i. Shall not engage in criminal activity, including drug-related criminal activity, on
or within 500 feet of the leased premises. "Drug-related criminal activity" means
the illegal manufacture, sale, distribution, use, or possession of any illegal or
controlled substance defined by 16 Del. C. Ch. 47.
ii. Shall not engage in any act intended to facilitate criminal activity.
iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal
activity.
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(2) Any activity prohibited by the Safe Communities Lease Addendum shall
constitute a substantial violation of the lease, material noncompliance with the lease,
and grounds for termination of tenancy and eviction.
(b) The Department of Planning and Inspections shall provide the Safe Communities Lease
Addendum.
(c) An executed copy of the Safe Communities Lease Addendum shall be required for all
rental dwellings in the City of Dover prior to establishment of a utility account for the
premises.
Sec. 22-373. Eviction required.
(a) If the tenant, any member of the tenant's household, any guest, or other person under the
tenant's control engages in criminal activity as defined by Section 22-331(c)(1) and
Chapter 22, Buildings and Building Regulations, of the Dover Code on three or more
occasions within a 12-month period, the chief of police shall notify the Department of
Planning and Inspections to initiate the safe communities lease termination notice
procedure directing the property owner or property manager to terminate the tenancy in
accordance with subsection (b).
(b) Upon notification by the chief of police that termination of tenancy is required in
accordance with subsection (a), the Department of Planning and Inspections shall notify
the property owner and property manager that they have 30 days to initiate the eviction or
otherwise terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by
Certificate of Mailing, to the property owner and property manager if a property manager
is on record with the Department of Planning and Inspections.
Secs. 22-374—22-380. Reserved.
ARTICLE XI. DANGEROUS BUILDINGS
Sec. 22-381. Definitions.
The following words, terms, and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
Dangerous buildings means all buildings or structures which have any or all of the following
defects or uses:
(1) Leaning interior walls. Those of which the interior walls or other vertical structural
members list, lean or buckle to such an extent that a plumb line passing through the
center of gravity falls outside of the middle third of its base.
(2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more
of damage or deterioration of the supporting member or members, or 50 percent of
damage or deterioration of the non-supportive enclosing or outside walls or covering.
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(3) Loads on roofs. Those which have improperly distributed loads upon the floors or roofs
or which the same are overloaded or which have insufficient strength to be reasonably
safe for the purpose used.
(4) Fire damage, etc. Those which have been damaged by fire, wind, or other causes so as to
have become dangerous to life, safety, morals, or the general health and welfare of the
occupants or the people of the city.
(5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe,
iunsanitary, or so utterly fail to provide the amenities to decent living that they are unfit
for human habitation, or are likely to cause sickness or disease, so as to work injury to the
health, morals, safety, or general welfare of those living therein.
(6) Light, air, sanitation. Those having light, air, and sanitation facilities which are
inadequate to protect the health, morals, safety, or general welfare of human beings who
live or may live therein.
(7) Fire escapes, etc. Those having inadequate facilities in case of fire or panic, or those
having insufficient stairways, elevators, fire escapes, or other means of communication.
(8) Loose parts. Those which have parts thereof which are so attached that they may fall and
injure members of the public or property.
(9) General welfare. Those which, because of their condition or use, are unsafe, unsanitary,
or dangerous to the public health, morals, safety, or general welfare of the people of this
city.
(10) Code violations. Those existing in violation of any provisions of the building code of this
city, or any provision of the fire prevention code, or other ordinances of this city.
(11) Drug sales, use, etc. Those which are being used for the unlawful selling, serving,
storing, giving away, or manufacturing (which includes the production, preparation,
compounding, conversion, processing, packaging, or repackaging) of any drug, which
includes all narcotic or psychoactive drugs, cannabis, cocaine, and all controlled
substances as defined in the Uniform Controlled Substances Act (16 Del. C. § 4701 et
seq.).
(12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of
three months or more so that decay is being accelerated by natural or manmade causes or
which may be attracting trespassers and vagrants, increasing the probability of fire and
danger to human life.
(13) Incomplete buildings. Those under construction, if the authorized work is substantially
suspended or abandoned for a period of three months or more.
Sec. 22-382. Standards for repair, vacation, or demolition.
The following standards shall be followed in substance by the code official in ordering
the repair, vacation, or demolition of dangerous buildings:
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(1) Repair. If the dangerous building can reasonably be repaired so that it will no longer exist
in violation of the terms of this article, it shall be ordered repaired.
(2) Vacation. If the dangerous building is in such a condition or is being used to make it
dangerous to the health, morals, safety, or general welfare of its occupants, it shall be
ordered to be vacated and closed. Buildings ordered closed shall not be reopened until a
certificate of occupancy is issued.
(3) Demolition. In any case, where a dangerous building is 50 percent damaged, decayed, or
deteriorated from its original value or structure, it shall be demolished, and in all cases
where a building cannot be repaired so that it will no longer exist in violation of the terms
of this article, it shall be demolished. In all cases where a dangerous building is a fire
hazard, or public safety hazard as determined by the code official or is existing or erected
in violation of the terms of this article or any ordinance of the city or statute of the state,
it may be demolished.
Sec. 22-383. Nuisance declared.
All dangerous buildings within the terms of section 22-381 are hereby declared to be
public nuisances and shall be repaired, vacated, and closed or demolished as hereinbefore and
hereafter provided.
Sec. 22-384. Duties of the code official.
The code official shall:
(1) Inspect public buildings. Inspect or cause to be inspected semiannually all public
buildings, schools, halls, churches, theaters, hotels, tenements, or commercial,
manufacturing, or loft buildings for the purpose of determining whether any
conditions exist which render such places a dangerous building within the terms of
section 22-381.
(2) Complaints. Inspect any building, wall, or structure about which complaints are
filed by any person to the effect that a building, wall, or structure is or may be
existing in violation of this article.
(3) Reported violations. Inspect any building, wall, or structure reported (as
hereinafter provided for) by the fire or police departments of this city as probably
existing in violation of this article.
(4) Dangerous buildings. Inspect such other buildings as shall from time to time
come to his attention as possibly dangerous buildings within the terms of section 22-
381.
(5) Notice to owner. Notify, in writing, the owner, occupant, lessee, mortgagee,
agent, and all other persons having an interest in said building, as shown by the land
records of the recorder of deeds of the county, of any building found by him to be a
dangerous building within the standards set forth in section 22-381, that:
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a. Duties of owner. The owner must vacate and close, or repair, or demolish said
building in accordance with the terms of the notice and this article;
b. Duties of occupant. The occupant or lessee must vacate and close said building or
may have it repaired in accordance with the notice and remain in possession;
c. Persons with interest. The mortgagee, agent, or other persons having an interest in
said building, as shown by the land records of the recorder of deeds of the county,
may, at their own risk, repair, vacate and close, or demolish the said building or
have such work or act done; provided that any person notified under this
subsection to repair, vacate and close, or demolish any building shall be given
such reasonable time, not exceeding 30 days, as may be necessary to do, or have
done, the work or act required by the notice provided for herein;
d. Appeal. The person or entity receiving notice by the code official shall have the
right to appeal his decision directly to the council and have a hearing conducted in
accordance with the provisions of section 22-385 before council, provided that the
notice of appeal is filed with the city clerk no later than five days after receiving
notice from the code official.
(6) Order to remedy conditions. Set forth in the notice provided for in subsection (5)
hereof a description of the building or structure deemed unsafe, a statement of the
particulars which make the building or structure a dangerous building, and an order
requiring the same to be put in such condition as to comply with the terms of this
article within such length of time, not exceeding 30 days, as is reasonable.
(7) Noncompliance with notice. Report to the council any noncompliance with the
notice provided for in subsections (5) and (6) hereof.
(8) Testify at hearings. Appear at all hearings conducted by the council and testify as
to the condition of dangerous buildings.
(9) Notice on buildings. Place a notice on all dangerous buildings, reading as follows:
"This building has been found to be a dangerous building by the code official. This
notice is to remain on this building unit until it is repaired, vacated, and closed, or
demolished in accordance with the notice which has been given to the owner,
occupant, lessee, mortgagee, or agent of this building, and all other persons having an
interest in said building, as shown by the land records of the recorder of deeds of
Kent County. It is unlawful to remove this notice until such notice is complied with."
(10) Orders of council. Carry out all orders of the council to cause the repair, vacation,
and closure, or demolition of dangerous buildings pursuant to section 22-385. In
causing the vacation of the dangerous building, the code official may order the city
utilities to be disconnected. In causing the closure of dangerous buildings, the code
official may direct the removal from the building of all furniture, equipment, and
other personal property left by vacated occupants.
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Sec. 22-385. Hearing before council.
The council of the city shall:
(1) Notice of hearing. Upon receipt of a report of the code official as provided for in section
22-384(7), give written notice to the owner, occupant, mortgagee, lessee, agent, and all
other persons having an interest in said building, as shown by the records of the recorder
of deeds of the county, to appear before it on the date specified in the notice to show
cause why the building or structure reported to be a dangerous building should not be
repaired, vacated and closed, or demolished in accordance with the statement of
particulars set forth in the code official’s notice provided for herein in section 22-384(6).
(2) Conduct of hearing. Hold a hearing and hear such testimony as the code official or the
owner, occupant, mortgagee, lessee, or any other person having an interest in said
building, as shown by the land records of the recorder of deeds of the county, shall offer
relative to the dangerous building. Hearings relative to reported dangerous buildings as
defined in section 22-381(11) shall include the testimony of the city chief of police, who
may submit arrest records, complaint records, and affidavits relative to the property as
evidence for the hearing.
(3) Findings. Make written findings of fact from the testimony offered pursuant to subsection
(2) of this section as to whether or not the building in question is a dangerous building
within the terms of section 22-381.
(4) Order. Issue an order based upon findings of fact made pursuant to subsection (3) of this
section, commanding the owner, occupant, mortgagee, lessee, agent, and all other persons
having an interest in said building, as shown on the land records of the recorder of deeds
of the county, to repair, vacate and close, or demolish any building found to be a
dangerous building within the terms of this article, setting the time within which said
building shall be repaired, vacated and closed, or demolished, and provided that any
person so notified, except the owners, shall have the privilege of either vacating or
repairing said dangerous building; or any person, not the owner of said dangerous
building but having an interest in said building as shown by the land records of the
recorder of deeds of the county may demolish said dangerous building at his own risk to
prevent the acquiring of a lien against the land upon which said dangerous building
stands by the city as provided in subsection (5) hereof.
(5) Failure to comply. If the owner, occupant, mortgagee, or lessee fails to comply with the
order provided for in subsection (4) hereof within ten days, cause such building or
structure to be repaired, vacated and closed, or demolished, as the facts may warrant,
under the standards hereinbefore provided for in section 22-384, and shall, with the
assistance of the city solicitor, cause the costs of such repair, vacation, or demolition to
be charged against the land on which the building existed as a municipal lien or cause
such costs to be added to the tax duplicate as an assessment, or to be levied as a special
tax against the land upon which the building stands or did stand, or to be recovered in a
suit at law against the owner, provided that in cases where such procedure is desirable
and any delay thereby caused will not be dangerous to the health, morals, safety, or
general welfare of the people of this city, the council shall notify the city solicitor to take
legal action to force the owner to make all necessary repairs or demolish the building.
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(6) Report to solicitor. Report to the city solicitor the names of all persons not complying
with the order provided for in subsection (4) hereof.
Sec. 22-386. Violations; penalty for disregarding notices or orders.
(a) Violations by owner. The owner of any dangerous building who shall fail to comply with
any notice or order to repair, vacate and close, or demolish said building given by the
council shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as
provided for in Appendix F—Fees and Fines.
(b) Violations by occupant or lessee. The occupant or lessee in possession who fails to
comply with any notice to vacate and close or who fails to repair said building in
accordance with any notice given by the council as provided for in this article shall be
guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in
Appendix F—Fees and Fines.
(c) Removal of notice. Any person removing the notice provided for in section 22-384(9)
shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided for in
Appendix F—Fees and Fines.
Sec. 22-387. Duties of the city solicitor.
The city solicitor shall:
(1) Prosecutions. Prosecute all persons failing to comply with the terms of the order
provided for in section 22-385(4).
(2) Hearings. Appear at all hearings before the council in regard to dangerous
buildings.
(3) Collections. Bring suit to collect all municipal liens, assessments, or costs
incurred in repairing or causing them to be vacated and closed or demolished
dangerous buildings.
(4) Other legal action. Take such other legal action as is necessary to carry out the
terms and provisions of this article.
Sec. 22-388. Emergency cases.
In cases where it reasonably appears that there is an immediate danger to the life or safety
of any person unless a dangerous building is immediately repaired, vacated, and closed, or
demolished, the building inspector shall report such facts to the council, which may cause the
immediate repair, vacation, or demolition of such dangerous building. The costs of such
emergency repair, vacation, or demolition of such dangerous building shall be collected in the
same manner as provided in section 22-385(5).
Sec. 22-389. Procedure when owner absent from the city.
In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is
absent from the city, all notices or orders provided for herein shall be sent by registered or
certified mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest
in said building, as shown by the land records of the recorder of deeds of the county, to the last
known address of each, and a copy of such notice shall be posted in a conspicuous place on the
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dangerous building to which it relates. Such mailing and posting shall be deemed adequate
service.
Sec. 22-390. Administrative liability.
No officer, agent, or employee of the city shall render himself personally liable for any
damage that may accrue to persons or property as a result of any act required or permitted in the
discharge of his duties under this article. Any suit against any officer, agent, or employee of the
city as a result of any act required or permitted in the discharge of his duties under this article
shall be defended by the city solicitor until the final determination of the proceedings therein.
Sec. 22-391. Duties of fire marshal and city employees.
The fire marshal, all members of the fire department, all officers of the police
department, and all other employees of the city shall report, in writing, to the Division of Code
Enforcement all buildings or structures within the city which shall come to their knowledge or
attention as being dangerous buildings within the terms of this article.
Secs. 22-392—22-399. Reserved.
ARTICLE XII. VACANT BUILDINGS
Sec. 22-400. Purpose; applicability; definitions.
(a) Purpose. The purpose and intent of this article is to establish a registration and
identification program of vacant buildings within the city. Vacant buildings are
detrimental to the surrounding buildings and neighborhoods in which they exist. The
article is also to ensure the public health, safety, and welfare insofar as they are affected
by vacant buildings within the city. The health, safety, and welfare of the neighborhoods
in which vacant buildings are located are of the utmost importance to the city, as is the
general community character in which these vacant buildings are located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating
to vacant buildings. Where, in this article, different sections of this Code may specify
different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms, and phrases, when used in this article, shall have
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning.
(1) Vacant building means a building, structure, or dwelling that has been unoccupied
for more than three consecutive months; or a commercial tenant space greater than
10,000 square feet in an otherwise occupied building, that has been left unoccupied
for more than three consecutive months.
(2) Actively for sale or lease means the building is being actively marketed through a
licensed real estate broker or the owner who is regularly advertising the property in
newspapers circulated in and around Dover, it is being offered for sale or lease at a
cost of no more than 25 percent over market rate as determined by the city assessor,
and the building is in reasonable condition for sale or lease, including but not limited
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to: no trash has collected inside or outside of the building, the utilities are functional,
and it is not being used as storage that is unrelated to the former use.
Sec. 22-401. Monitoring, inspection, and condition standards.
(a) The building inspector shall inspect any premises in the city for the purpose of enforcing
and assuring compliance with the provisions of this article. Upon request of the building
inspector, an owner shall provide access to all interior portions of a vacant building in
order to permit a complete inspection.
Once a building/structure/unit or residence (hereon after referred to as building) is registered as a
vacant building, the vacant building shall be inspected annually for as long as it is considered
vacant.
(b) The vacant building shall be secured; the exterior building and premises shall be
maintained in accordance with all City of Dover Code requirements.
(c) The vacant building shall be in reasonable condition (all utilities shall be functional, there
shall be no trash or debris inside or outside the building and it shall not to be used as
storage that is unrelated to the former use).
Sec. 22-402. Agent—Responsible person required.
(a) Property manager. Any owner of a vacant building, residing outside of the county, shall
be required to have a licensed property manager residing or having an office located in
the county, or a family member or other designated individual who does not manage any
other real estate for a fee and who resides in the county acting as a property manager. The
property manager, including family members and designated individuals, shall have
charge, care, and control of the vacant building, and shall provide access to the vacant
building for inspection upon request by the building inspector, within 30 days.
(b) Corporate or partnership owners. Any corporation or partnership owning a vacant
building shall have a designated member, partner, or employee having charge, care, and
control of the vacant building. The designated member, partner, or employee shall reside
in or have an office located in the county or shall be required to have a licensed property
manager residing or having an office located in the county, or another designated
individual who does not manage any other real estate for a fee, and who resides in the
county, acting as a property manager. The property manager, or other designated
individuals shall have charge, care, and control of the vacant building, and shall provide
access to the vacant building for inspection, upon request by the building inspector,
within 30 days.
Sec. 22-403. Registration and registration fee.
(a) Registration of building. There are two ways to register the building as vacant.
(1) The owner shall register with the city not later than 30 days after any building in
the city becomes vacant, as defined.
The registration of the vacant building shall include the site address, the name of the
current owner or owners, current address of the owner and of all applicable owners,
tax parcel number, proof of insurance on the building, description of the condition of
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the building, plans for the building (to eliminate the vacancy), the responsible person
or agent and their contact information and any other applicable information. If any
information changes the owner is responsible for informing the city of those changes
in a timely manner.
(2) The building inspector or his designee, shall investigate any property that may be
subject to registration. Based upon his findings, the building inspector may register
the property as a vacant building subject to this chapter.
a. Notice of registration. Within five business days of such registration, the
Licensing and Permitting Office shall notify the owners of the registered property
by certified mail at their last known address according to the records of the city
and Kent County.
b. Registration fee.
i. The annual registration fee shall be paid at the time of registration. If the
building inspector registers the building as vacant the fee shall be due not later
than 30 days after the building is registered as vacant. The annual registration
fee will then be due on the registration anniversary date every year after that as
long as it remains vacant. The starting point for counting a building as being
vacant will begin on the date of the enactment of this article [June 26, 2006].
ii. The annual fee is as provided for in Appendix F—Fees and Fines.
Sec. 22-404. Violation and penalties.
(a) If the registration fee is not paid within 30 days of being due, the owner shall be in
violation of this article.
(1) A lien can be assessed against the property. Such fees shall be entered in the
municipal lien docket as a lien owing the city, and the same may be turned over to the
city solicitor for collection.
(2) The fee will be assessed to the parcel's tax bill.
(3) The fee shall be paid in full prior to the transfer of title.
(4) The fee shall be paid in full prior to the issuance of any building permits for the
subject building and for any other building that is owned by the owner within the city.
Sec. 22-405. Exemptions—Types of buildings eligible for exemption status from the
registration fee.
(a) The following are exempt from the registration: The building has fire damage. The owner
has 90 days to file for a permit to start construction or demolition or it will be determined
a vacant property.
(b) The following properties shall be registered as vacant, but they are exempt from the
registration fee:
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(1) The building is actively being offered for sale or lease for a maximum period of
five years. After such time this article will be in effect. Proof of activity shall fall on
the owner to provide. See definition.
(2) The owner has obtained a building permit and is progressing in an expedient
manner to prepare the premises for occupancy.
(3) The property is in probate or where the owner has entered a long-term care
facility within six months of the building being vacant.
(4) The property is currently undergoing environmental cleanup or assessment.
(c) Failure to register. If the owner of the property fails to register the property with the City
of Dover within 30 days of notification to do so by the City of Dover staff, then the
property owner/agent may not be entitled to exemption from the fees.
Sec. 22-406. Appeal of the 25 percent over market rate.
An appeal of the 25 percent over market rate (from the actively for sale or lease
definition) can be considered through an appraisal using accepted appraisal standards to
determine market rate. The owner has the option of asking the city tax assessor to perform the
appraisal or having one performed (using accepted appraisal standards) at their own expense.
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-16 – AMENDING CHAPTER 46 –
FIRE PREVENTION AND PROTECTION (EDDIE KOPP, CHIEF CODE
ENFORCEMENT OFFICER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by
title only, seconded by Mr. Rocha, and unanimously carried. (Boggerty absent) (The First
Reading of the proposed ordinance was accomplished during the Council Meeting of June 10,
2024.)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-16 –
Amending Chapter 46 – Fire Prevention and Protection.
By motion of Mr. Rocha, seconded by Ms. Arndt, by a roll call vote, eight (8) yes (Boggerty,
Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted
Ordinance #2024-15 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 46 – Fire Prevention and Protection, as follows:
ARTICLE I. IN GENERAL
Sec. 46-0. Definitions.
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The following words, terms, and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Automatic telephone dialing device and digital alarm communicator system means an
alarm system which automatically sends a prerecorded voice message or coded signal over
regular telephone lines, by direct connection or otherwise, indicating the existence of the
emergency situation that the alarm system is designed to detect.
Barbecuing—Commercial means the preparation and cooking of food by way of gas grill,
charcoal grill, or other apparatus used for the cooking of food by way of flame produced through
wood, charcoal, or gas for the purpose of cooking food for the sale to and/or consumption by the
general public.
Barbecuing—Recreational means the preparation and cooking of food by way of gas
grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced
through wood, charcoal, or gas for the purpose of cooking food for the consumption by a family
and/or guests or by the membership of a private organization or church congregation.
Bollard means a solid post that conforms to the dimensions outlined in this section which
is constructed of concrete, steel, or other durable material approved by the Fire Marshal, cored
into a hard surface that is buried in the ground, designed to protect buildings and utilities by
absorbing the impact of a motor vehicle collision.
Code enforcement officer shall mean fire marshals, police officers, and inspectors
employed by the city.
Emergency shall mean any situation where the Dover Fire Department or any assisting
fire department is called to perform firefighting, rescue, or life-saving operations within the
limits of the city.
Fine means the assessment of a monetary charge, payable to the city, authorized pursuant
to this section, to defray the expenses of responding to a preventable alarm or alarm malfunction.
Fire alarm installation report means a report, in a form approved by the fire marshal,
with the following minimum information:
(1) The name, address, business, and home telephone number of the owner, lessee, operator,
manager, or person in possession of the premises wherein the alarm system is installed.
(2) The name, address, and telephone number of a minimum of two persons who can be
notified by the Robbins Hose Company in the event of the activation of the alarm system,
who shall be capable of responding to the premises within 30 minutes, and who are
authorized to enter the premises to ascertain the status thereof.
Fire alarm malfunction means the activation of any alarm, which results in the response
of the fire department, caused by mechanical failure, malfunction, improper installation, or
lack of proper maintenance.
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Fire alarm system means any mechanical, electrical, or radio-controlled device which is
designed to emit a sound or transmit a signal or message when activated or any such device
which emits a sound and transmits a signal or message when activated because of smoke,
heat, or fire. Without limiting the generality of the foregoing, the term "fire alarm system"
shall be deemed to include audible alarms at the site of the installation of the detection
device, proprietor alarms and automatic telephone direct dial devices, or digital alarm
communicator systems. A single-station alarm device shall not be deemed to be an alarm
system under this section.
Fire alarm technician means any person who inspects, installs, repairs, or performs
maintenance on fire alarm systems and is licensed by the state or works under a state-
licensed alarm contractor.
Fire protection system shall include any electronic or mechanical system designed and
installed to detect and alert, suppress, or seal off smoke and fire from the occupants of a
building.
Impact protection means any bollards, walls, concrete barriers, or other devices, subject
to the approval of the fire marshal, used to stop vehicles or equipment in motion.
Impairment means any effective lessening of the equipment to operate as designed,
including times of maintenance and annual testing.
Means of egress means the most current edition of the National Fire Prevention
Association Life Safety Code shall be used to determine the definition of the term "means of
egress."
Open burning means the burning of materials wherein products of combustion are
emitted directly into the ambient air without passing through a stack or chimney from an
enclosed chamber.
Operative alarm system means an alarm system which the owner of a premises is
required to maintain in an operative condition pursuant to statute, law, ordinance, rule, or
regulation of the state or the city.
Outdoor fireplace means any homemade or commercially produced fireplace, fire pit, or
fire ring used for the kindling of wood.
Owner means any person who owns the premises in which an alarm system is installed or
the person or persons who lease, operate, occupy, or manage the premises.
Premises means any building or structure, or combination of buildings and structures,
which serve as dwelling units, single-family or multifamily, or any other area within a
building or structure, or combination thereof, which is used for any purpose, other than
residential, wherein an alarm system is installed.
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Preventable alarm means the activation of any alarm, which results in the response of the
fire department, caused by the negligence or intentional misuse of the system by the owner or
his/her employees, servants, or agents; or any other activation not caused by heat, smoke, or
fire, exclusive of a "fire alarm malfunction" as defined in this section. An alarm is not
considered a preventable alarm if the alarm is activated due to malicious causes beyond the
control of the owner.
Serve means hand-delivery, by a representative of either the fire department or police
department, to the owner or authorized representative who responded to the premises. In the
event the owner or authorized representative fails to respond to the premises within 30
minutes, the term "serve" shall mean placing the form or other matter in the United States
mail, addressed to the owner or authorized representative.
Single-station alarm device means an assembly incorporating the detector, control
equipment, and alarm-sounding device in one unit, operated from a power supply either in
the unit or obtained at the point of installation.
Sec. 46-1. Means of egress.
(a) Obstructions. The means of egress for an occupancy shall be kept continuously free of all
obstructions or impediments to full instant use in case of fire or emergency.
(b) Exit doors. All required exit doors shall be unlocked and under the control of the
occupants within the building or area. This subsection is to include fenced-in outdoor
events.
(c) Duty of owner, manager. It shall be the responsibility of the owner, manager, principal,
or any other person responsible for the day-to-day operations of the occupancy to ensure
that exits are unobstructed and unlocked prior to the opening of the occupancy to the
general public.
(d) Merchandise in exits. In mercantile occupancies, merchandise is prohibited from being
displayed in any required exit access, exit, or exit discharge. Merchandise may be
displayed in the exit access, exit, or exit discharge of mercantile occupancies that have
submitted a written plan for the display of such merchandise, and the plan has been
reviewed and approved by the Fire Marshal's Office.
(e) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked exit
door, is found to be in violation of this section, a summons shall be issued as provided for
in Appendix F—Fees and Fines. Any required exit door found to be locked against egress
shall be in violation of this section and a summons shall be issued for each locked exit as
provided for in Appendix F—Fees and Fines.
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Sec. 46-2. Obedience to state fire and safety laws and regulations.
(a) Health and safety laws. No person shall violate any of the provisions of Title 16, chapters
65—74, part VI of the Health and Safety of the Delaware Code (16 Del. C. §§ 6501—
7418). The penalties for such violations issued by the city shall be in accordance with
those issued by the state for the same offense.
(b) Fire prevention regulations. No person shall violate any of the provisions of the most
recently adopted state fire prevention regulations as now or hereafter amended. The
penalties for such violations shall be in accordance with those issued by the state for the
same offense.
Sec. 46-3. Impairment of fire protection equipment.
(a) Prohibited. It shall be a violation of this chapter for any owner, renter, lessor, or
contractor, after having been notified, in writing, by the fire marshal or code enforcement
officer of any impairment to fire protection equipment, including but not limited to fire
hydrants, fire alarm systems, sprinkler systems, commercial cooking ventilation, fire
suppression systems, standpipes, and smoke removal or pressurization systems, to allow
it to remain impaired for any time beyond that allowed by the fire marshal for repair.
(b) Impairment of fire protection systems. All fire protection systems, devices, units, and
service equipment shall be maintained in an operational condition at all times, and it shall
be unlawful for any person owning, controlling, or otherwise having charge of any fire
protection system to willfully or knowingly tamper with or impair the system from
operating as designed without proper approval. An approval form may be obtained from
the Fire Marshal's Office. Approvals will not be required for temporary impairments
caused by periodic testing and inspection. Any impairment which will render the system
non-operational or out of service for more than eight hours for testing and inspection
purposes must be approved prior to the start of work.
(c) Notification required. The owner, tenant, or contractor shall notify the Robbins Hose
Company of any impaired fire protection equipment, and shall renotify the Robbins Hose
Company when the fire protection equipment has been restored to normal service.
Certification from the repairing contractor shall be required to verify that the system has
been fixed and is functioning as designed.
(d) Fire watch required. When any impairment would cause a sprinkler system not to operate
or a fire alarm system not to detect and signal a fire, and if the building is to remain
occupied, a fire watch shall be established in that building or that portion of a building
affected. It shall be the responsibility of the owner or tenant to set up the fire watch. The
fire watch shall consist of an hourly check of the building or portion of the building
affected, and a log kept, there stating the date, time of the checks, and who was making
the checks. This log shall be accessible for immediate inspection by the fire chief, fire
marshal, or code enforcement officer.
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(e) Authority of fire marshal. The fire marshal or his/her designee is authorized to close any such
building or property where fire protection equipment is found to be impaired or non-operational
to ensure the life safety of the occupants.
(f) Fines. Any owner, occupant, contractor, or corporate body found to be in violation of this section
shall be issued a summons as provided for in Appendix F—Fees and Fines.
Sec. 46-4. Impact protection of natural gas and LP gas devices.
All natural gas and LP gas installations shall be installed per adopted NFPA and
International codes, with the following amendments:
(a) When required. The installation of natural gas and LP gas meters, regulators,
valves, and LP gas bottles shall be protected from impact damage by impact
protection. Natural gas and LP gas meters, regulators, and valves located inside
structures shall have impact protection, except when located in separate protected
utility rooms. The fire marshal and/or chief building inspector shall reserve the right
to apply this section whenever it is deemed necessary to provide impact protection to
address a life or fire hazard.
(b) Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled
with concrete. The bollard shall be set into the ground at a depth of at least 36 inches
(three ft.) and embedded in concrete at a minimum of 18 inches surrounding the
bollard. The bollards must be a least 48 inches (four ft.) in height above the finish
grade elevation. Any deviation of the stated requirements must be approved by the
fire marshal and/or chief building inspector. The above dimensions shall serve as the
requirement for installation; however, the fire marshal and/or chief building inspector
shall have the authority to require more stringent dimensions to fit the needs of
devices warranting impact protection.
(c) Color of bollards. Bollards should be of the following colors: yellow, amber, or
orange. All colors shall be of fluorescent or have a reflective coating. Any deviation
of the stated requirements must be approved by the fire marshal and/or chief building
inspector.
(d) Responsibility. It shall be the responsibility of the property owner and/or
contractor for the new installation to ensure that natural gas and LP gas meters,
regulators, and valves are protected in accordance with these regulations.
(e) Compliance period. All new construction projects shall comply with the
provisions of this section. All existing multiple dwellings, schools, nursing homes,
hospitals, and daycare centers shall be protected in accordance with this section. All
other existing structures shall be protected when deemed a life or fire hazard by the
fire marshal.
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(f) Exemptions. Single-family homes, including townhouses, duplexes, and
manufactured housing, except where natural gas and LP gas devices are located
directly in front of head-in parking spaces and driveways, and where the fire marshal
deems that impact protection is not necessary, shall be exempt from this section.
Sec. 46-5. Open burning.
(a) Permit required. Open burning of structures, brush, or bonfires shall not be permitted
without a permit obtained from the fire marshal.
(b) Fire dimensions. Open burning, when permitted, shall be kindled in such a manner as not
to be a danger to other campers, recreational vehicles, tents, or structures and shall not be
of a size greater than 18 inches by 18 inches by 18 inches. Height of the fire shall be
measured from the ground or from the bottom of the inside of the container being used to
kindle the fire. Open burning shall not be kindled directly on the ground unless contained
in a fire ring.
(c) Fire clearances and time restrictions. Outdoor fireplaces shall have 36 inches clearance
from all combustibles when in use. Portable fireplaces, fire pits, or fire rings shall be
extinguished in a residential area between the hours of 12:00 midnight and 8:00 a.m.
(d) Commercial barbecuing. Commercial barbecuing shall be permitted under the following
conditions:
(1) The location has been approved by city licensing and inspections and the fire
marshal and an outdoor public gathering permit has been obtained.
(2) One fire extinguisher of not less than five pounds ABC is to be located within ten
feet of the cooking area. Cooking area and cooking fuels shall be secured from public
access.
(3) Approval from the Board of Public Health has been obtained.
(4) The operator shall make all reasonable attempts to avoid causing a nuisance to
nearby property owners with smoke, fumes, or sparks.
(5) All compressed flammable gas containers used for cooking shall be secured in
such a way as to prevent them from being knocked, tipped, or blown over.
Any commercial barbecuing operations which are a continual nuisance because of smoke,
fumes, or sparks shall be terminated by the code official, or fire marshal and the outdoor public
gathering permit revoked until such time as the director of licensing and inspections is satisfied
that the problem has been corrected.
Barbecuing of any kind shall not be kindled within 200 feet of any fuel pump or storage tank fill.
Cooking grease shall not be disposed of by placing it directly on the ground or in stormwater
drains.
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(e) Prohibited.
(1) Multifamily residential dwelling units. In apartment buildings, condominiums, or
any other multifamily residential dwelling of three or more units by any other name,
the storage of propane tanks inside units or on balconies is prohibited. Recreational
barbecuing shall be prohibited on any balcony or under any overhanging portion or
within 15 feet of any structure, except that the use of electrical ranges or electrical
grills shall be permitted. The use of outdoor fireplaces on balconies is prohibited.
(2) Unattended burning. It shall be prohibited for open burning, commercial
barbecuing, and outdoor fireplaces to be unattended at any time. In the event that any
open burning, commercial barbecuing, or outdoor fireplaces are found to be
unattended, the fire marshal, code official, fire officer, or police shall order the open
burning extinguished.
(f) Fines. Any owner, occupant, contractor, or corporate body found to be in violation of this
section shall be issued a summons as provided for in Appendix F—Fees and Fines.
(g) Authority of the fire marshal. The fire marshal is authorized to impose a ban on open
burning if weather conditions do not safely permit open burning. The fire marshal or fire
officer shall order any fire extinguished that is deemed unsafe or not in compliance with
this section of the Dover Code.
Sec. 46-6. False fire alarms generally.
(a) Prohibited. No person shall willfully make, or cause to be made, any false alarm of fire
by means of the fire alarm telegraph system, by means of any public or private alarm
system, by telephone, by word of mouth, or by any other means of communication
whatsoever.
(b) Tests. This section shall not apply to city, state, or federal employees who are testing such
alarms or are otherwise working with the same in their normal course of employment.
Sec. 46-7. Preventable and malfunctioning alarms to the fire company.
(a) Responsibility for malfunctioning and preventable alarms, owner response, and
corrective action.
(1) Generally. The responsibility for a preventable or malfunctioning alarm shall be
that of the owner of the premises in which the fire alarm system is installed. A
response to a preventable or malfunctioning alarm shall result when any fire marshal
or member of the fire department shall be dispatched to the premises where the alarm
has been activated or learns of the activation of the alarm system, by any means
whatsoever, and responds thereto by traveling to that premises. After responding to a
malfunctioning or preventable alarm, the responding official shall notify the owner,
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or his/her authorized representative and such person shall thereupon travel to the
premises to ascertain the status thereof. Should the person notified fail to appear at
said premises within 30 minutes after being notified to do so, the fire marshal may
issue the owner of the premises a fine as provided for in Appendix F—Fees and
Fines. The official or member of the fire department who responded to said premises
shall notify the Fire Marshal's Office.
(2) Malfunction. In the event of a fire alarm deemed by the responding official to be
the result of a fire alarm malfunction, the owner will be served a notice of violation
form, indicating that the activation was deemed to be the result of a fire alarm
malfunction, and requiring the owner to provide documentation that the fire alarm
component that caused the fire alarm malfunction has been corrected, to the
satisfaction of the fire marshal, and that the fire alarm system in question has actually
been examined by a fire alarm technician and that a bona fide attempt has been made
to identify and correct any defect of design, installation or operation of the fire alarm
system which was identifiable as the cause of the fire alarm malfunction. Failure to
return documentation of service/repair within the period of time stated on the notice
of violation, which is satisfactory to the fire marshal, will result in assessment against
the owner of a fine for the fire alarm malfunction as provided for in Appendix F—
Fees and Fines.
(b) Fine charges; multiple fire alarm malfunctions or preventable alarms.
(1) Amount of fine. A fine may be assessed for the third and subsequent
malfunctioning or preventable alarms at the same premises responded to by the fire
department within the prior 12-month period. Thereafter, the fines, as provided for in
Appendix F—Fees and Fines, shall be paid by the owner for each preventable or
malfunctioning fire alarm responded to by the fire department at the same premises
during a 12-month period beginning with the date of the first alarm.
(2) Panel reset. Once a preventable alarm or fire alarm malfunction has been
responded to by the fire department, it shall be unlawful for the alarm panel to be
reset by any person until the authorization of the fire department has been obtained. A
fine as provided for in Appendix F—Fees and Fines may be assessed to the owner of
a premises where the fire alarm has been reset before the fire department or assisting
fire department arrives.
(3) Insufficient alarms. When any premises are protected by a fire alarm system that,
in the opinion of the fire marshal or his/her deputy(ies), will not safely alarm the
occupants of a fire, the fire marshal or his/her deputy(ies) may close said building, or
a portion of said building, to human occupancy until the problem with the fire alarm
is corrected and a written report from a licensed fire alarm company is submitted to
the fire marshal.
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Sec. 46-8. Maintaining a known violation or hazard.
(a) Known violation or hazard. Any person is guilty of maintaining a known violation or
hazard if:
(1) After having been informed in writing by a code enforcement officer of a
violation of the fire code, property maintenance code, a city ordinance, or state law
existing on property he or she owns or occupies, he or she fails to correct the said
violation;
(2) He or she prevents a fire protection system from functioning as designed;
(3) He or she knows that a fire protection system will not function as designed and
takes no action to repair the fire protection system;
(4) He or she interferes with any occupant's egress from a building;
(5) He or she knows of an obstruction that would interfere with any occupant's egress
from a building and takes no action to remove the obstruction;
(6) He or she engages in any act, written or verbal, within city limits that obstructs,
delays, hinders, or interferes with the operations of the fire department during an
emergency.
(b) Penalties.
(1) Any fines issued for violation of this section shall be issued as provided for in
Appendix F—Fees and Fines.
(2) Occupancies that continue to maintain a known violation or hazard may be closed
by the code enforcement officer until such time as all violations and hazards have
been corrected.
Sec. 46-9. Fire hydrants and fire department connections.
(a) It shall be unlawful for any person to park, place, or keep any vehicle or object within ten
feet of a fire hydrant or fire department connection on any city street or public property.
(b) Fire hydrants public and private shall have their tops painted with the appropriate color to
indicate flow, and the remainder of the hydrant shall not be painted any color other than
red unless approved by the fire marshal and public works department.
(c) It shall be unlawful to knowingly impair or tamper with a fire hydrant or fire department
connection so as to make it non-operational when needed.
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(d) It shall be unlawful for any person other than members of a fire department engaged in
the performance of their duties, any person in the event of an emergency endangering life
or property, or any city department for authorized purposes to open, use, or take water
from any fire hydrant.
(e) During times of inclement weather, snow shall not be plowed or piled so as to obstruct
the use of fire hydrants on private property.
(f) Fire hydrants shall be installed per the requirements of the City of Dover Public Utilities
Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention
Regulations.
Sec. 46-10. Report of fires required; spreading of alarm.
It shall be the duty of the owner, manager, occupant, responsible person, or any person in
direct control of any building or premises of any kind, upon discovery of a fire or evidence of
there having been a fire even though it has apparently been extinguished, or upon receiving
information that there is or was a fire on the premises, to immediately and with all reasonable
dispatch and diligence call or otherwise notify the fire department of the existence,
circumstances, and location of such fire and to spread an alarm to all occupants of the
building. This requirement shall not be construed to forbid any person to use all diligence
necessary to extinguish such fire prior to the arrival of the fire department.
Sec. 46-11. Unlawful regulation or order.
No person shall make, issue, post, or maintain any regulation or order, written or verbal,
that would require any person to take any unnecessary delaying action prior to reporting a
fire to the fire department.
Sec. 46-12. Maintaining records for inspections.
The building or property owner or manager of any occupancy required to have an annual
fire/life safety inspection conducted by the Fire Marshal's Office shall maintain a fire inspection
log with the documentation pertinent to that occupancy for the preceding three years, as follows:
(1) Annual fire alarm system certificate of inspections.
(2) Annual fire suppression system certificate of inspections.
(3) Annual hood suppression system certificate of inspections.
(4) Annual elevator certification of inspection.
(5) Annual fire extinguisher inspection paperwork.
(6) Six-month steam cleaning paperwork for hood suppression system.
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(7) Two-year boiler inspection paperwork.
(8) Three - or five-year electrical inspection paperwork.
(9) Current respondent information.
(10) Monthly fire extinguishers visual check.
(11) Monthly exit lights test.
(12) Monthly emergency lighting test.
(13) Monthly generator run.
(14) Self-closing fire door and exit hardware.
(15) Fire drills.
Secs. 46-13—46-40. Reserved.
ARTICLE II. FIRE DEPARTMENT
DIVISION 1. GENERALLY
Sec. 46-41. Created; purpose.
There is hereby created a city fire department, which shall protect and prevent against the
hazard of fire. Robbins Hose Company No. 1, Inc., is hereby recognized and designated as the
fire company of the city in accordance with the city Charter and this Code.
Sec. 46-42. Control; board of directors.
The fire chief and president of the fire department will be the liaisons from the fire
department to the City of Dover. Any rules and regulations will be negotiated between the fire
department and the City of Dover and approved by the fire department membership and city
council.
Sec. 46-43. Semiannual inspections.
In the months of April and October of each year, the city manager shall inspect the fire
department with the fire chief and president, make inquiries as to the standing and efficiency of
the fire companies, investigate the capabilities of the officers of the fire department and the
operators of fire department apparatus, and make a report to the city council, in writing, stating
the results of their inspection and investigation and making those recommendations which they
may deem proper.
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Sec. 46-44. Interference with discharge of duty.
It shall be unlawful for any unauthorized person to break through the established fire
barriers at a fire, to refuse to move from within the fire barriers, or to, in any manner, interfere
with or hinder any member of the fire department in the discharge of their duties.
Sec. 46-45. Reserved.
Sec. 46-46. Appeal of suspension.
Upon suspension from the fire department, the suspended member, officer, or fire
company shall have the right to appeal to the city council, which, upon giving notice and an
opportunity to be heard to those persons concerned, shall confirm the suspension or reinstate the
member, officer or fire company.
Secs. 46-47—46-70. Reserved.
DIVISION 2. OFFICERS
Sec. 46-71. Generally.
The officers of the fire department, from highest rank to lowest rank, shall respectively be
fire chief, deputy fire chief, four assistant fire chiefs, and two fire captains.
Sec. 46-72. Annual appointment by council.
The fire chief, the deputy fire chief, the assistant fire chiefs, and the fire captains shall be
appointed at the first regular city council meeting in December by the city council. The
appointments shall be made from the duly elected nominees of each fire company as provided in
section 46-77. If, however, the city council deems the nominees or any one of them
unsatisfactory, it may refuse to appoint those nominees and instead may order a special election
in accordance with the provisions of this article to choose another nominee or slate of nominees.
Sec. 46-73. Qualifications.
(a) Nomination. No person shall be considered a candidate for nominee election as fire chief,
deputy fire chief, fire captain, or assistant fire chief unless they shall have been regularly
nominated for that office and their name shall appear upon the official ballot for that
office at the nominee election.
(b) Prerequisites; exception. The fire chief, deputy fire chief, assistant fire chiefs, and fire
captains shall follow the Constitution and by-laws of the Robbins Hose Company.
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Sec. 46-74. Terms.
(a) Calendar year. The fire department officers shall serve from the Tuesday after the first
city council meeting in December until the following Tuesday after the first city council
meeting in December, except that an appointee to fill a vacancy shall assume the post
upon qualification.
(b) End of service. If a successor has not been elected and qualified for office at the
expiration of an officer's term, then the incumbent shall serve until their successor is duly
elected and qualified.
Sec. 46-75. Date of election of nominees.
The election of nominees for fire department officers shall be held each year on the third
Monday in November.
Sec. 46-76. Notice of election of nominees.
The fire department secretary shall notify the various fire companies of the election of
nominees for fire department officers at least one week before the nominee election is to be held,
stating the time and place of the election. A copy of the notice shall at once be placed on the
bulletin boards of the respective firehouses by the secretaries of the fire companies.
Sec. 46-77. Election and voting regulations for nominees.
Each fire company shall conform to the following regulations for the conduct of nominee
elections for fire department officers:
(1) Membership list. At least one week before the nominee election, the fire
department secretary and fire recorder shall post a list of its active members in good
standing. These lists shall be certified by the president and secretary of each fire
company, shall be under seal, and shall be used by the judges of the nominee election
to determine qualified voters.
(2) Where and how election held. The nominee election shall take place at a firehouse
designated by the fire department president and shall be conducted by three judges
appointed by the fire department president for that purpose.
(3) Eligible voters. The nominee election judges shall not permit anyone to vote
whose name is not on one of the lists mentioned in subsection (1) of this section. If a
member's name appears on the lists, but it is proven to the satisfaction of the judges
that they do not meet the requirements of active membership, then that person shall
cast a challenged ballot. The term "active membership," for the purposes of this
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section, shall mean a member who has responded to at least 125 of the alarms, by way
of attendance, during the year immediately preceding the certification of the voting
list and is in the category of active and life membership within the fire department.
This requirement is waived for any member who was on active duty in the military
service during any portion of that year and who is otherwise in good standing with
their individual fire company.
(4) Secret ballot. The nominee election shall be by secret ballot and each voter shall
have only one vote for each of the open nominee positions.
(5) When polls open. Polls shall open at 7:00 p.m. and shall close at 8:00 p.m.
(6) Absentee voting. Follows the Constitution and by-laws of the Robbins Hose
Company.
Sec. 46-78. Certification of results of nominee election.
Immediately after the close of the nominee election polls, the election judges shall tally
and certify the results of the nominee election. The ballot box, together with the ballots, judges'
certification, and tally sheet, shall be sealed and delivered within 24 hours, to the city clerk. The
city clerk shall submit the results of the election, together with the accompanying materials, to
the city council at its next regular meeting following the election.
Sec. 46-79. Special nominee elections.
If the city council shall order a special nominee election, to be held as provided in section
46-72, in order to replace a person the city council refused to appoint, that special nominee
election shall be held at the time fixed by the fire department president and in the same manner
as the regular nominee elections are held. At the special election, the person whom the city
council refused to appoint shall not be voted for and any ballot cast for them shall not be
counted.
Sec. 46-80. No contestants.
If there are no contestants available for any one of the fire department offices and this
fact is certified by the president and secretary of each of the fire companies, then the city council
shall appoint those officers without holding the nominee election.
Sec. 46-81. Election to fill vacancy.
Whenever the office of fire chief, deputy fire chief, fire captain, or assistant fire chief
shall become vacant through the resignation, death, absence, or disability of any person holding
that office, the vacancy shall be filled by an election held by the qualified fire company members
affected by the loss of command. The election shall be held in the same manner and form as
other elections of the fire department, in accordance with the provisions of this division.
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Sec. 46-82. Powers and duties of fire chief.
The fire chief shall:
(1) Control at fires. Have full control of the fire department at all fires.
(2) Assignment of duties. Assign to each fire company their respective duties, when
necessary.
(3) Implement rules. Implement those rules for the regulation and management of the
fire companies at fires, and for going to and returning from fires.
(4) Attend fires.
(5) Summon police. Have the authority to summon the police to maintain order and
protect property during the continuance of fires.
(6) Barriers. Cause barriers to be placed across the streets and sidewalks to prevent
accidents and interference with the workings of the fire department and to admit no
one within the enclosed limits, except equipped firefighters, the police, and in their
discretion, those persons immediately interested in the property.
(7) Demolish buildings. Have the power, when it is, in their opinion, absolutely
necessary to stop the spread of a conflagration, to cause to be pulled down or blown
up those buildings that shall be required to be removed.
(8) Enter private property. Have the power to cause those members of the fire
department that they shall deem proper, with the apparatus that shall be necessary, to
enter upon any private property for the purpose of extinguishing a fire. They may
cause those fences or other obstructions to be removed that they may deem necessary.
Sec. 46-83. Submission of annual report to city council.
The fire chief and president shall present the city council with a report at its annual
meeting, which shall state the fire suppression and administrative activities of the department.
Sec. 46-84. Powers and duties of deputy fire chief, assistant chiefs, and fire captains.
(a) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, a fire
captain, who shall be predetermined by the fire chief, shall assume the powers and duties
and be obeyed accordingly.
(b) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, the fire
captain shall then assume the powers and duties and be obeyed accordingly.
(c) It shall be the duty of the deputy fire chief, the assistant fire chiefs, and the fire captain to
be present at all fires and to assist the fire chief in the discharge of the duties of their
office.
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Sec. 46-85. Reserved.
Secs. 46-86—46-120. Reserved.
ARTICLE III. FIRE CODES
Sec. 46-121. Adopted.
(a) International Fire Code adopted. A certain document, three copies of which are on file in
the Licensing and Permitting Office of the city, being marked and designated as
"International Fire Code, 2009 Edition," as published by the International Code Council,
be and is hereby adopted as the Fire Prevention Code of the City of Dover in the State of
Delaware; for the control of buildings, structures and premises as herein provided; and
each and all of the regulations, provisions, penalties, conditions and terms of said
International Fire Code, are hereby referred to, adopted and made part hereof as if fully
set out in this section, with additions, insertions, deletions and changes as follows:
Section 101.1 Insert "City of Dover", in place of [NAME OF JURISDICTION].
Delete in their entirety: Sections 105.6 Required operational permits, through
105.7.12 Temporary membrane structures, tents, and canopies.
(b) National Fire Codes adopted. There is hereby adopted the most recently published
edition of the National Fire Prevention Association's (NFPA) National Fire Codes
(excluding NFPA Codes 11C, 13E, 402M, -41s, 422, 424M-473, 901-906, 1001-1041,
1201-1410, 1452-1999, 5000), three copies of which are on file in the office of the fire
marshal.
(c) The more restrictive provisions of the International Fire Codes as set forth in subsection
(a) above or the National Fire Codes as set forth in subsection (b) above shall apply
whenever they may be in conflict.
(d) It shall be unlawful for any person to violate any of the provisions of the publications
adopted in subsection (a) or (b).
Sec. 46-122. Definitions.
(a) Whenever the term "municipality" or "city" is used in the publications adopted by this
article, it shall be construed to mean the city.
(b) Whenever the term "corporation counsel" or "city attorney" is used in the publications
adopted by this article, it shall be construed to mean the city solicitor.
(c) Whenever, in the publications adopted by reference in this article, a term is used which is
also defined in appendix B to this Code pertaining to zoning, such term shall have the
meaning provided in such appendix B.
Sec. 46-123. Conflicting provisions.
In the event of any conflict between the provisions of the publications adopted by this
article and applicable provisions of state law, this Code or any other ordinance, rule or
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regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation
shall prevail and be controlling.
Sec. 46-124. Fire marshal.
(a) Selection. There shall be a fire marshal, who shall be selected by the city council at its
annual meeting.
(b) Fire prevention. The fire marshal or his/her authorized agent shall enforce this article and
any other fire prevention provisions of this Code and any other fire prevention
regulations applicable to the city.
(c) Investigation of fires. The fire marshal or his/her deputies shall be responsible for the
investigation of the origins and causes of fires and explosions within the corporate limits
of the city, which involve the loss of life or injury or cause destruction or damage to
property. Such investigation shall be initiated immediately upon the occurrence of such
fire or explosion. Upon request of the fire marshal, the city police shall be authorized to
assist the fire marshal in the performance of his/her duties. When any fire or explosion is
found to be suspicious or criminal in nature or causes serious injury or death, the fire
marshal or his/her deputies shall contact the city police and, per the agreement of the fire
marshal and chief of police, conduct a joint investigation into the origin and cause of the
fire or explosion.
(d) Hazardous conditions. When, in the opinion of the fire marshal or code official, a fire or
life safety hazard is of imminent danger to occupants of a building, structure, or outdoor
event, the fire marshal or code official may order the unsafe condition removed, said
building or structure evacuated or outdoor event terminated.
(e) Right of entry. The fire marshal or his/her designee is authorized at all reasonable times to
enter and examine any building, marine vessel, vehicle, or premises for the purposes of
making fire safety inspections. Before entering a private building or dwelling, the fire
marshal or his/her designee shall obtain the consent of the occupant thereof or obtain a
search warrant authorizing his/her entry for the purpose of inspection, except in those
instances where an emergency exists. As used in this section, "emergency" means
circumstances which the fire marshal or his/her designee knows or has reason to believe
exist, and which reasonably may constitute immediate and grave danger to life or
property.
(f) Implied consent. Application for, or acceptance of, any license or permit requested or
issued pursuant to City Code constitutes agreement and consent by the person making the
application or accepting the license or permit to allow the fire marshal or his/her designee
to enter the premises at any reasonable time to conduct such inspections as required by
this code or deemed necessary by the fire marshal or his/her designee to determine
compliance with the requirements for such license or permit.
(g) [Placard—Health hazard and unsafe to enter.] The fire marshal or code official may
placard any building damaged by fire or explosion as being a health hazard and unsafe to
enter. No one shall enter any building having been placarded by the fire marshal or code
official as being a health hazard and unsafe without first contacting the fire marshal.
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(h) [Unlawful to enter.] It shall be unlawful to enter any premise, structure, building, or
vehicle which has been damaged by fire or explosion for the purpose of removing,
altering, or tampering with any part of the structure, appliance, or object identified and
tagged by the fire marshal as being a possible ignition source or cause of the fire or
explosion, without approval of the fire marshal, until the conclusion of the investigation.
Sec. 46-125. Appeal; hearing.
Appeal; hearing. Whenever any person is aggrieved by a decision of the fire marshal
with respect to the provisions of this chapter, it is the right of that person to appeal to the
construction and property maintenance code board of appeals, as provided for in Chapter 22—
Buildings and Building Regulations, Article I—In General, Section 22-1—Construction and
property maintenance code board of appeals. Such appeal must be filed, in writing, within 30
days after the determination by the fire marshal. Upon receipt of such appeal, the construction
and property maintenance code board of appeals shall set a time and place, in not less than ten or
more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the
hearing of the appeal shall be given to all parties, at which time they may appear and be heard.
The determination by the construction and property maintenance code board of appeals shall be
final in all cases.
Sec. 46-126. Fire prevention permit.
(a) Required. It shall be unlawful to construct, enlarge, alter or demolish a fire protection
system without obtaining a fire prevention permit.
(b) Fee. Each applicant for a fire prevention permit, including, but not limited to, sprinkler
systems, fire alarms, hood suppression units, and tank installation, shall pay unto the city
a permit fee as provided for in Appendix F—Fees and Fines, before such permit shall be
issued.
(c) Reinspections. There will be no charge for the first reinspection of a permit. The
applicant shall pay a fee for subsequent reinspections as provided for in Appendix F—
Fees and Fines.
(d) Fire signaling system inspection fee. For each inspection of a fire alarm signaling system
located within the jurisdiction of the city and conducted by a licensed company pursuant
to Delaware State Fire Prevention Regulations, the licensed company shall submit a copy
of the certificate of inspection for each fire alarm system to the city Fire Marshal's Office,
along with a nonrefundable fee, as provided for in Appendix F—Fees and Fines.
(e) Fire suppression system inspection fee. For each inspection of a fire suppression system
located within the jurisdiction of the city and conducted by a licensed company pursuant
to Delaware State Fire Prevention Regulations, the licensed company shall submit a copy
of the certificate of inspection for each sprinkler riser to the city Fire Marshal's Office,
along with a nonrefundable fee, as provided for in Appendix F—Fees and Fines.
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(f) Doubling of fees. Fees established in subsection (b) shall be doubled in the event that a
permit is applied for after construction has commenced without the permission of the fire
marshal. The fire marshal shall waive the doubling of fees in cases where the permit
applicant is not a professional contractor, and the work is not being done by a
professional contractor.
Sec. 46-127. Smoke detection devices.
(a) Installation required.
(1) New dwellings. All new structures and new dwellings shall be equipped with
smoke detectors and fire protection equipment as required by the provisions of the
International Building Code.
(2) Existing dwellings. All existing single-family dwellings, multifamily dwellings,
and dwelling units, whether such dwellings are owner-occupied or tenant-occupied,
shall be equipped with automatic smoke detection devices, which shall be approved
smoke detectors of the photoelectric or ionization type or battery-powered
Underwriters' Laboratories, Inc., or Factory Mutual approved type, as required by
subsection (b)(1) of this section. Such smoke detectors shall be installed in the
number, location, and manner required by this section and the rules and regulations of
the fire marshal and, when actuated, each such smoke detector shall provide an alarm
suitable to warn the occupants within the dwelling. It shall be the responsibility of the
seller or lessor of such existing dwellings to make such installations.
(3) Unlawful acts. In addition to and not in lieu of any other provisions of this section
and this Code, it shall be unlawful for any person responsible for the installation of a
smoke detector to fail to so install it. It shall be unlawful for any person to tamper
with, damage, or render inoperative, such as, but not exclusively, by disconnecting
electrical wiring or by removing the batteries, from any smoke detector.
(b) Types.
(1) Generally. Smoke detection devices shall be of the photoelectric or ionization
type and shall be electric, 110-volt AC, or battery-powered smoke detectors,
Underwriters' Laboratories, Inc., or Factory Mutual approved.
(2) Electric. Electric units shall be direct wired on a separate circuit on the line side
of service equipment, and immediately fused with the proper size fuse. Detector
wiring shall be a minimum of 14-gauge wire. All wiring shall comply with the
National Electrical Code and shall be performed by registered, licensed electricians or
inspected by the appropriate authority.
(3) Battery powered. Battery-powered units shall be permitted only in existing
structures. Where battery-powered units are permitted, the battery shall be of the type
approved for the detector and shall provide a minimum of 12 months' service.
Battery-powered units shall be equipped with an audible-sounding device to alert
occupants of the need for battery replacements. In rental dwelling units where
battery-powered devices are permitted, after installation of the detection devices at
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the landlord's expense, in accordance with subsection (a) of this section, it shall be the
tenant's responsibility, unless otherwise provided in the tenant's lease agreements, to:
a. Make periodic inspections of the unit to determine that it is in proper working
order;
b. Notify the landlord of any malfunction of said detection device, which the
landlord shall then repair or replace at his own expense;
c. Replace the batteries, when necessary, during the entire term of the rental
agreement.
(c) Audible signal. Smoke detection devices shall be equipped with an audible-sounding
device that provides a steady signal with a minimum decibel rating of 85 decibels.
(d) Number required.
(1) Generally. The major threat from fire in a family living unit is at night when
everyone is asleep. The principal threat to persons in sleeping areas comes from fires
in the remainder of the unit; therefore, smoke detectors shall be located between the
bedroom areas and the rest of the unit. In units with only one bedroom area on one
floor, the smoke detector shall be located as shown in figure B-2.1.1 of the appendix
of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of
Household Fire Warning Equipment.
(2) Multiple detectors. In family living units with more than one bedroom area or
with bedrooms on more than one floor, more than one smoke detector will be
required as shown in figure B-2.1.2 of the appendix of the NFPA 74-1984 Standard
For the Installation, Maintenance, and Use of Household Fire Warning Equipment.
(3) Each story of living unit. In addition to smoke detectors outside of the sleeping
areas, this subsection requires the installation of a smoke detector on each additional
story of the family living unit, including the basement. These installations are shown
in figure B-2.1.3 of the appendix of the NFPA 74-1984 Standard For the Installation,
Maintenance, and Use of Household Fire Warning Equipment. The living area smoke
detector shall be installed in the living room and/or near the stairway to the upper
level. The basement smoke detector shall be installed in close proximity to the
stairway leading to the floor above. If installed on an open-joist ceiling, the detector
shall be positioned relative to the stairway so as to intercept smoke coming from a
fire in the basement before the smoke enters the stairway.
(e) Jurisdictional authority. The fire marshal shall have jurisdiction for purposes of
enforcing compliance with this section.
(f) Supervision of enforcement.
(1) Registration of contractors. All general contractors, subcontractors, and their
agents who install electric 110-volt, AC-powered smoke detection devices shall be
registered with the office of the city fire marshal in order to sell, distribute, furnish, or
install smoke detection equipment within the city.
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(2) Certification of device. It shall be the responsibility of the contractor, installer, or
seller of an electric 110-volt, AC-powered smoke detector to certify, in writing, to the
fire marshal that the device is in compliance with this section.
(3) Exception. This subsection (f) shall not apply to persons who perform the actual
installation of smoke detectors in dwelling units they own; however, such
installations shall still require any applicable inspections required by the building
code.
(g) Violations; penalties. Any violation of the provisions of this section shall render
the owner or operator, or agent of the owner or operator of the building, or the tenant of
rental property if the rental agreement so provides in accordance with subsection (b),
and/or the general contractor, subcontractors, or their agents, liable for suspension or
revocation of any existing license to do business in the city, or a fine as provided for in
Appendix F—Fees and Fines, or both such penalties. Copies of this section shall be made
available to the public by the building inspector.
(h) Secured key systems.
(1) When required; exemption. A secured key system shall be required for any new or
existing building where a fire alarm or sprinkler system is being installed. It shall be
the responsibility of the owner or occupant to keep a set of keys in the secured key
box that are current to the locks of the protected occupancy. Buildings with 24-hour
staffing or guard service shall be exempt from this subsection.
(2) Location. The secured key system shall be located as close to the main entrance as
possible. Should the building design not allow the secured key system to be located
by the main entrance, the fire marshal and fire chief shall come to an agreement as to
an alternate location for the key box. A secured key system, once installed, shall not
be obstructed from view or obstructed by any means that would delay the fire
department's access to the box.
(3) Required keys. Keys to be secured in the key box shall include keys to all points
of ingress or egress, whether on the interior or exterior of the building, and keys to
locked mechanical rooms, electrical rooms, elevator rooms, fire alarm, and sprinkler
controls, and any area protected by automatic fire detection. Keys to individual
residential apartment units are not required.
(4) Ordering responsibility. It shall be the responsibility of the general contractor to
order the key box for new buildings. It shall be the responsibility of the owner or
tenant to order the key box for existing buildings.
(5) Installation before testing. No acceptance test for sprinklers or fire alarms shall be
conducted before the installation of a key box.
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Sec. 46-128. Marking rated walls.
(a) Fire walls, fire barriers, shaft enclosures, fire partitions, and smoke barriers shall be
labeled with their rating. Markings shall be red in color, located on both sides of the
separation wall, a minimum of four inches in height, and no more than 15 feet apart for
the length of the wall. Markings shall be visible when ceiling tiles are removed for
inspection.
(b) Ratings are to be marked as follows:
One hour separation 1HR
Two-hour separation 2HR
Three-hour separation 3HR
Four-hour separation 4HR
Smoke Barriers SB
Secs. 46-129—46-160. Reserved.
ARTICLE IV. PUBLIC OCCUPANCIES
Sec. 46-161. Compliance required.
No person shall use or permit to be used any public occupancy structure which does
not comply with the most currently published edition of NFPA Life Safety Code 101.
Public Occupancies shall include but not be limited to:
(a) Assembly occupancy (facilities used for gathering of 50 or more people to
include, but not be limited to auditoriums, assembly halls, auditoriums, bowling
lanes, club rooms, college and university classrooms with 50 or more persons,
conference rooms, courtrooms, dance halls, drinking establishments, exhibition
halls, gymnasiums, libraries, mortuary chapels, motion picture theaters, museums,
passenger stations and terminals of air, surface, underground, and marine public
transportation facilities, places of religious worship, pool rooms, recreational piers,
restaurants, skating rinks, special amusement buildings, theaters);
(b) Educational occupancy (academies, kindergartens, schools);
(c) Daycare occupancy (adult, child, homes, nursery, center);
(d) Health care occupancy (hospitals, limited care facilities, nursing homes);
(e) Ambulatory health care occupancy (facilities used to provide services or treatment
simultaneously to four or more patients that provides, on an outpatient basis, one or
more of the following:
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(1) Treatment for patients that renders the patient incapable of taking action
for self-preservation under emergency conditions without the assistance of
others;
(2) Anesthesia that renders the patients incapable of taking action for self-
preservation under emergency conditions without the assistance of others;
(3) Treatment for patients who, due to the nature of their injury or illness, are
incapable of taking action for self-preservation under emergency conditions
without the assistance of others.
(f) Residential occupancy (lodging or rooming houses, hotel, dormitory, apartment
buildings, bed and breakfast inns, short-term rentals);
(g) Residential board and care occupancy (group housing, facilities for social
rehabilitation, alcoholism, drug abuse or mental health; assisted living);
(h) Mercantile occupancy over 10,000 square feet (auction rooms, department stores,
drugstores, restaurants with fewer than 50, shopping centers, supermarkets);
(i) Business occupancy over 10,000 square feet (city halls, college and universities
instructional buildings, classrooms under 50 persons and laboratories, courthouses,
dentist's office, doctor's office, general office, outpatient clinics (ambulatory), town
halls);
(j) Industrial occupancy (dry-cleaning plant, factories of all kinds, food processing
plants, gas plants, hangars, laundries, power plants, pumping stations, refineries,
sawmills, telephone exchanges);
(k) Storage occupancy over 10,000 square feet (barns, bulk oil storage, cold storage,
freight terminals, grain elevators, hangars, parking structures, truck and marine
terminals, warehouses);
(l) Assembly occupancy - special provisions 1 (to include, but not be limited to,
outdoor facilities which are not part of the normal everyday operation of the
building/land use and are subject to a City of Dover current special event permit);
(m) Assembly occupancy - special provisions 2 (to include, but not be limited to,
special amusement buildings, carnivals, circus, fireworks, pyrotechnic displays,
outdoor music concerts/festivals, and special events).
Sec. 46-162. Sprinkler requirements.
(a) Places of assembly shall be sprinklered throughout in accordance with the most recently
adopted edition of NFPA 13 when the following apply:
(1) All new indoor places of assembly with an occupant load of 150 persons or
greater.
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(2) Any interior renovations of 50 percent or more to an existing place of assembly
with an occupant load greater than 150 persons.
(3) Any additions or increase in interior size to an existing place of assembly that
would create an occupant load of 150 persons or greater.
(b) Places of assembly where alcohol is served for consumption on the premises shall be
sprinklered throughout in accordance with the most recently adopted edition of NFPA 13
when the following apply:
(1) All new indoor places of assembly with an occupant load of 100 persons or
greater and where alcohol will be served for consumption on the premises.
(2) Any interior renovation of 50 percent or more to an existing place of assembly
with an occupant load greater than 100 persons and where alcohol will be served for
consumption on the premises.
(3) Any additions or increase in interior size to an existing place of assembly which
would create an occupant load of 100 persons or greater and where alcohol will be
served for consumption on the premises.
(c) New educational occupancies of 5,000 square feet or greater shall be sprinklered
throughout in accordance with the most recently adopted edition of NFPA 13.
(d) Three feet of unobstructed clear width shall be designed, designated, and maintained
around sprinkler risers for access by firefighters and for maintenance. The three feet shall
be measured from the outermost components of the sprinkler riser and all related support
equipment.
(e) Fire department connections. Unless otherwise approved by the fire marshal, fire
department connections shall be on the street side of the building and shall be located and
arranged so that hose lines can be readily and conveniently attached without interference
from any nearby obstructions as defined by the Fire Marshal's Office. Fire department
connections shall be a five-inch Storz. Fire department connections shall be within 300
feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of
the structure it serves. All fire department connections shall be not less than three feet nor
more than five feet in height above finished grade. The fire marshal shall have the
authority to require more stringent requirements when deemed necessary.
Sec. 46-163. Permit required.
It shall be unlawful for any person to operate any public occupancy listed in section 46-
164 of Appendix F—Fees and Fines without first obtaining a permit from the licensing
division of the Department of Planning and Inspections in order to determine compliance
with the provisions of this article. A person desiring the permit shall pay unto the city a fee
as provided for in Appendix F—Fees and Fines.
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CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 85
Sec. 46-164. Fees.
A person desiring the permit required by the provisions of this article shall pay the
appropriate permit fee as provided for in Appendix F—Fees and Fines.
Sec. 46-165. Permit expiration.
A permit issued pursuant to this article shall expire on March 31 each year.
Sec. 46-166. Permit display.
The owner or operator of a public occupancy structure shall display the permit granted
pursuant to this article in a prominent position near the main entrance of the building at all
times.
Sec. 46-167. Inspections.
The fire marshal shall inspect every public occupancy structure according to the procedures
set forth in this chapter to ensure compliance with the applicable provisions of this chapter
and all other ordinances.
Sec. 46-168. Reinspection fee.
(a) Amount. There is hereby created a reinspection fee as provided for in Appendix F—Fees
and Fines that shall be charged for any repeated violation cited by the fire marshal,
determined to be a violation and which requires a follow-up inspection to confirm the
correction of the violation.
(b) Fee attached. A fee may be attached to any summons written for any violation found to
still be uncorrected upon re-inspection.
Sec. 46-169. Permit suspension.
(a) Noncomplying structures. The fire marshal shall suspend the permit issued pursuant to
this article when he determines that any public occupancy structure or the premises
surrounding such public occupancy structure fails to meet the applicable requirements of
this chapter or any rule or regulation issued pursuant hereto. Such suspension shall last
until the violations have been corrected to the satisfaction of the fire marshal, or the
suspension shall have been reversed on appeal.
(b) Nuisance. The city licensing officer shall suspend the permit issued pursuant to this
article when it is determined that a public occupancy structure, the use of any public
occupancy structure, or the premises surrounding such public occupancy structure is so
inimical to the public health, safety and welfare as to constitute a nuisance and thus gives
rise to an emergency. Such suspension shall last until the violations have been corrected
to the satisfaction of the licensing officer, or the suspension shall have been reversed on
appeal.
(c) Notice. Upon suspending any permit under this section, the fire marshal or city licensing
officer shall notify the permittee and, if possible, remove the written permit from the
premises. He shall also notify the licensing division of the Department of Planning and
Inspections of the suspension.
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Sec. 46-170. Appeals.
(a) Right generally. Any owner or operator of any public occupancy structure whose permit
to operate the structure is suspended by the fire marshal or city licensing officer pursuant
to this article shall have the right to appeal and notice as provided in this chapter.
(b) Notice; effect. Upon suspension of a permit ordered by the fire marshal or city licensing
officer pursuant to section 46-169 and upon the permittee serving the city clerk with a
notice of appeal pursuant to section 46-125, the permit suspension shall be stayed and the
permit shall remain in abeyance until the appeal is decided by the council.
Sec. 46-171. Fire alarm in place of assembly.
(a) Definition. For the purpose of this article, the requirements set forth in section A.4.1.2 of
the most currently published edition of the NFPA Life Safety Code shall be used to
determine if an occupancy is a place of assembly.
(b) Occupant load. For the purpose of this article, the requirements set forth in the most
currently adopted edition of the NFPA Life Safety Code shall be used to determine the
occupant load of a place of assembly.
(c) Fire alarm required. Any new occupancy or new portion of an occupancy determined to
be a place of assembly by the fire marshal, and is capable of receiving an occupant load
of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA
codes governing the installation of fire alarms and the National Electrical Code.
(d) Fire alarm system required. Any existing occupancy or portion of an existing occupancy
determined to be a place of assembly by the fire marshal, and is undergoing renovations
in excess of 50 percent of the assessed value of the building and is capable of receiving
an occupant load of 75 persons or greater, or is being enlarged to receive an occupant
load of 75 persons or greater, shall be required to install a complete fire alarm system in
accordance with NFPA codes governing the installation of fire alarms and the National
Electrical Code.
(e) Public mode audible requirements. To ensure that audible public mode signals are clearly
heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB)
above the average ambient sound level or five decibels (dB) above the maximum sound
level having a duration of at least 60 seconds, whichever is greater, measured five feet
(1.5m) above the floor in the area required to be served by the system using the A-
weighted scale dBA. In the event the stated requirement cannot be met a shunt trip
relay/switches shall be the approved method of meeting the intent of this section of the
Code.
Secs. 46-172—46-200. Reserved.
ARTICLE V. FIRE LANES
Sec. 46-201. Generally.
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(a) New construction marking. Fire lanes for new construction shall be marked in accordance
with chapter V, part V of the most currently adopted state fire prevention regulations.
(b) New construction plot plan. For new construction, a plot plan, showing signs, curb
markings, and roadway markings, shall be submitted and approved by the fire marshal
prior to issuing a construction permit.
(c) Existing building markings. Fire lanes for existing buildings shall be marked in
accordance with chapter V, part V of the most currently adopted state fire prevention
regulations.
(d) Existing building plot plans. For existing buildings, a plot plan, showing signs, curb
markings, and roadway markings, shall be submitted and approved by the fire marshal
prior to the marking of the fire lanes.
(e) Retroactive. The fire lane regulations set forth in this section shall be retroactive to
existing buildings.
Sec. 46-202. Violations.
(a) Vehicles parked. It shall be a violation of this article for any vehicle to be found disabled
or parked in a fire lane. Anyone found to be in violation of [this sub] section shall be
issued a summons pursuant to Chapter 106 Traffic and Vehicles; Article I, In General;
section 106-7, Obedience to state law.
(b) Summons placed upon vehicle. Any vehicle which has had a summons placed upon it and
is found to still be parked in the fire lane for one hour or more from the time the
summons was placed upon the vehicle may be towed, at the owner's expense.
(c) Other obstructions. It shall be a violation of this article to obstruct any fire lane with any
item, such as, but not limited to, dumpsters, trash cans, construction debris, construction
equipment, sidewalk sales, merchandise, carnivals and circuses, public gatherings, or any
other items or activities that, once placed in the fire lane, would limit access for fire
equipment or any other emergency vehicle in time of a fire or other emergency. Any
property owner or tenant found to be in violation of [this sub] section shall be issued a
summons as provided for in Appendix F—Fees and Fines.
(d) Failure to mark. Property owners of existing buildings who do not have their fire lanes
marked within 45 days of being notified by the fire marshal, shall be in violation of this
article. Any property owner found to be in violation of [this sub] section 46-202(d) shall
be issued a summons as provided for in Appendix F—Fees and Fines.
Sec. 46-203. Reserved.
Sec. 46-204. Enforcement.
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Item #1.
CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 88
(a) Removal of vehicle or obstruction. Any city police personnel, code enforcement officer,
or fire marshal shall have the authority to tow, at the owner's expense, any vehicle found
in violation of this article or to have removed, by whatever means is necessary, any
obstruction of a fire lane, at the owner's expense.
(b) Summonses. Any city police personnel, code enforcement officer, or fire marshal shall
have the authority to issue summonses for violations of this article.
Sec. 46-205. Responsibility of owner or tenant.
(a) Legibility. It shall be the responsibility of the property owner to maintain the legibility of
the marked fire lane surfaces and signs.
(b) Visibility. Fire lane signs or road surface markings shall be replaced or remarked, as
necessary, to ensure adequate visibility.
(c) Obstructions. It shall be the responsibility of the owner or tenant to keep the fire lane free
of obstructions.
(d) Closing. Contact shall be made with the fire marshal prior to any construction or
maintenance work that would cause a portion of a fire lane to be closed or obstructed.
(e) Sign maintenance. All fire lane signs posted on the building or mounted on posts or poles
shall be readily visible.
(f) Any property owner found to be in violation of this section shall be issued a summons as
provided for in Appendix F—Fees and Fines.
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-17 – AMENDING CHAPTER 90 –
SOLID WASTE, SEC. 90-16. – VIOLATIONS; PENALTIES (EDDIE KOPP, CHIEF
CODE ENFORCEMENT OFFICER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be
acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.
(Hare absent) (The First Reading of the proposed ordinance was accomplished during
the Council Meeting of June 10, 2024.)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-17 –
Amending Chapter 90 – Solid Waste, Sec. 90-16. – Violations; Penalties.
By motion of Mr. Neil, seconded by Dr. Pillsbury, by a roll call vote, eight (8) yes
(Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent
(Hare) adopted Ordinance #2024-17 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
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Item #1.
CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 89
That Chapter 90 – Solid Waste, Section 90-16 – Violations; penalties; as follows:
Sec. 90-16. Violations; penalties.
Any person convicted of violating any provision of this chapter shall be fined in
an amount as provided for in Appendix F – Fees and Fines, and if the violation amounts
to an unlawful deposit of rubbish, refuse, or other offensive matter in the corporate limits
of the city, he shall be directed to remove the same, and in the event of his failure to do
so, the offensive matter shall be removed by the city at the expense of the violator.
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-18 – AMENDING CHAPTER 114 –
VEGETATION, ARTICLE II – WEEDS SEC. 114-34. - FINES (EDDIE KOPP, CHIEF
CODE ENFORCEMENT OFFICER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be
acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.
(Hare absent) (The First Reading of the proposed ordinance was accomplished during
the Council Meeting of June 10, 2024.)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-18 –
Amending Chapter 114 – Vegetation, Article II – Weeds Sec. 114-34. – Fines.
By motion of Ms. Arndt, seconded by Dr. Pillsbury, by a roll call vote, eight (8) yes
(Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent
(Hare) adopted Ordinance #2024-18 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 114 – Vegetation, Article II – Weeds, Section 114-34. – Fines, as follows:
Sec. 114-34. Fines.
(a) Generally. Any person convicted of a violation of Section 114-34, regardless of
corrective actions taken, shall be punished for that violation by a fine as provided
for in Appendix F – Fees and Fines. Any such fine shall be in addition to any
charges or assessments imposed upon the violator pursuant to Section 114-33(c).
All fines imposed shall in accordance with the minimum fine schedule set out in
subsection (c) herein.
(b) Each day. 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 the necessity of further notice.
(c) Minimums.
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(1) Any fine assessed pursuant to subsection (a) of this section shall be no less
than the minimum amount as provided for in Appendix F – Fees and
Fines.
(2) 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 or causing or permitting the same nuisance at
the same location within the past 12 months, or for every day that the
violation of Section 114-32 continues as per subsection (b) of this section.
(d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain
unpaid shall:
(1) Be added 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,
and
(2) Be placed by the city as specified in the municipal lien docket as a lien
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(d).
(e) Fine exemption. Any fine pursuant to subsection (a) of this section can be
exempted if the person convicted of a violation of Section 114-32 is hospitalized
or otherwise has a serious medical condition during the time of the conviction that
would prohibit the grass from being cut.
(1) In order to be considered for the exemption, documentation in the form of
a doctor’s note or documentation from an authorized or certified medical
provider, shall be submitted to the code enforcement office within 14 days
of the receipt of the citation.
(2) The code enforcement officer, fire marshal, or their authorized agents shall
review the documentation per subsection (1) above and either grant or
deny the fine exemption in writing. A denial letter must include the
reasons for the denial.
(3) Should the fine exemption be denied, then the person convicted of the
violation has 30 days to appeal in writing to the city council through the
city clerk’s office. The city clerk’s office shall put this item on the first
available council agenda.
ADOPTED: June 24, 2024
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Item #1.
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FINAL READING PROPOSED ORDINANCE #2024-19 – AMENDING APPENDIX F –
FEES AND FINES – GENERAL PENALTY; SEPARATE OFFENSES; UNPAID FINES
(EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER)
Ms. Arndt moved that the Final Reading of the proposed ordinance be
acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.
(Boggerty absent) (The First Reading of the proposed ordinance was accomplished
during the Council Meeting of June 10, 2024.)
Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-19 –
Amending Appendix F – Fees and Fines – General Penalty; Separate Offenses; Unpaid Fines.
Responding to Dr. Sudler, Mr. Kopp stated that the ordinance removed the double language and
spelled out the structure. The ordinances and Appendix F go together to define the structure of
the breakdown. Mr. Kopp explained that it is defined in every ordinance that would be associated
with planning and inspections, and how it is billed, so nothing is missed. He further explained
that with any ordinance to where they would issue a citation, it is spelled out under that chapter.
Responding to Dr. Sudler, Mr. Kopp stated that under Appendix F, Chapter 38-85, basic life
support, ambulance services fund, residential accounts were $1.50 monthly, and commercial
accounts were $6.50 monthly. That was the staff amendment that was added to the Appendix F
ordinance.
By motion of Ms. Arndt, seconded by Mr. Rocha, by a roll call vote, eight (8) yes (Boggerty,
Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted
Ordinance #2024-19 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Appendix F – Fees and Fines, be amended to read as follows:
Appendix F – Generally:
1. Unless otherwise specified in the ordinance all fines are to be paid within 30 days
from the date of issue.
2. Unpaid fines and fees as a debt. The amount of any unpaid fines and fees, the
payment of which is required pursuant to this chapter, shall constitute a debt due
the city.
3. Failure to pay fines and fees. In the event that the owner of record is deemed to be
in violation of any code or ordinance adopted by the city, and if the charges
assessed by the city for said deficiency are not paid.
4. The city, after having corrected the deficiency and violation, shall 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
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tax collection process.
5. In addition to the methods directed herein, the city solicitor shall be directed to
enforce said 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.
6. The property owner shall be responsible for all collection costs and expenses,
including attorneys' fees.
Subpart B. Related Laws
SUBPART B -RELATED LAWS
Fees and
Fines
Sec. 2. Licenses
Subsec. (c) Fines—Operating a business without a license
Initial Inspection or offense $0.00
Second Inspection or offense with Non-Compliance $100.00
Third Inspection or offense with Non-Compliance $200.00
Fourth Inspection or offense with Non-Compliance $300.00
Fifth Inspection or offense with Non-Compliance $500.00
Any subsequent Inspection or offense with Non-Compliance $1000.00
CODE OF ORDINANCES
Chapter 1. General Provisions
Chapter 1. General Provisions Fees and
Fines
Sec. 1-17. General penalty; separate offenses; unpaid fines
Initial Inspection or offense $0.00
Second Inspection or offense with Non-Compliance $100.00
Third Inspection or offense with Non-Compliance $200.00
Fourth Inspection or offense with Non-Compliance $300.00
Fifth Inspection or offense with Non-Compliance $500.00
Any subsequent Inspection or offense with Non-Compliance $1000.00
Chapter 10. Alcoholic Beverages
Chapter 10. Alcoholic Beverages Fees and
Fines
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. 10-1. Consumption or possession
Subsec. (c) Underage persons $100.00
Chapter 18. Animals
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Chapter 18. Animals Fees and
Fines
Mandatory and non-suspendable fine of at least the minimum fine for each offense.
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. 18-3. Keeping swine; for each violation Not less than
$25.00 or
more than
$100.00
Sec. 18-4. Running at-large; for each violation Not less than
$25.00 or
more than
$100.00
Sec. 18-5. Dog licenses required; for each violation First
offense—Not
less than
$50.00 or
more than
$500.00.
Second and
subsequent
offenses
occurring
within 12
months of
prior
offense—not
less than
$100.00 and
not more than
$500.00. The
minimum fine
for a
subsequent
offense shall
not be
subject to
suspension.
Conviction for
the failure to
pay the
license fee is
a violation.
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Sec. 18-6. Noisy animals or fowl
Subsec. (b) Notice; abatement; fine Not less than
$50.00 or
more than
$100.00 shall
be subject to
a fine until
such
nuisance is
abated
Sec. 18-7. Hitching to public trees; for each violation Not less than
$10.00 or
more than
$100.00
Sec. 18-8. Excrement
Subsec. (g) Violations; penalties Not less than
$25.00 or
more than
$1,000.00
Sec. 18-9. Vicious dogs and animals—Generally
Subsec. (f) Violations; penalties; for each violation $100.00
Sec. 18-12. Cruelty
Subsec. (6) Violations; penalties; for each violation $100.00
Sec. 18-13. Public nuisances
Subsec. (d) Violations; penalties; for each violation Not less than
$25.00 or
more than
$100.00
Sec. 18-16. Keeping bees
Subsec. (m) Violations; penalties, for each violation Not less than
$25.00 or
more than
$100.00
Chapter 22. Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article III. Building Code
Sec. 22-61. Adopted (International Building Code)
Sec. 105.5.1. Expiration: Additional 180-day extensions $25.00 per 180-
may be granted with payment of a renewal fee day extension
Sec. 22-65. Permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building
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inspector may waive the doubling of fees in cases where the building permit
applicant is not a professional contractor, and the work is not being done by a
professional contractor.
Subsec. (a) Building permits $25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiples
thereof up to
$10,000,000.00
of costs, $6.00
for each
additional
$1,000.00 of
costs or
multiple thereof
up to
$20,000,000.00,
and $5.00 for
each additional
$1,000.00 of
costs or
multiple thereof
above
$20,000,000.00
Subsec. (a) Fence permits $25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiple thereof
Subsec. (a) Sign permits $0.75 per
square foot of
sign area;
minimum fee
for each permit
$50.00
Subsec. (a) Swimming pool permits $25.00 for first
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$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiple thereof
Subsec. (a) Demolition permits, any building which is $50.00; $0.00 if
being demolished for the purpose of vacating the land for condemned
future development or construction upon the same and required to
be demolished
by the city or
any public
entity
Subsec. (a) Moving permits, each building $250.00
Subsec. (a) Construction plan reviews, nonresidential $20.00 per set
(Not subject to doubling) of plans
Subsec. (b) Reinspection’s (Not subject to doubling)
First reinspection $0.00
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Subsec. (d) Fines $0.00
Initial Inspection or notification with non-compliance $0.00
Second Inspection or notification with non-compliance $100.00
Third Inspection or notification with non-compliance $200.00
Fourth Inspection or notification with non-compliance $300.00
Fifth Inspection or notification with non-compliance $500.00
Any subsequent Inspection or notification with non- $1000.00
compliance
Article IV. Electrical Installations
Sec. 22-110. Violations
Initial Inspection or offense $0.00
Second Inspection or offense with Non-Compliance $100.00
Third Inspection or offense with Non-Compliance $200.00
Fourth Inspection or offense with Non-Compliance $300.00
Fifth Inspection or offense with Non-Compliance $500.00
Any subsequent Inspection or offense with Non- $1000.00
Compliance
Article V. Mechanical Code
Sec. 22-145. Heating, air conditioning, and heat pump
permit fees
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Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector.
Subsec. (a) Heating permit $40.00 first
10,000 BTUs
and $7.00 each
additional
10,000 BTUs or
multiple thereof
Subsec. (a) Air conditioning permit $40.00 per ton
for the first five
tons and $7.00
per ton over five
tons or multiple
thereof
Subsec. (a) Heat pump permit $40.00 first
10,000 BTUs
and $7.00 for
each additional
10,000 BTUs or
multiple thereof
or $40.00 per
ton for the first
five tons and
$7.00 per ton
over five tons or
multiples
thereof
Subsec (c) Fines
Initial Inspection or offense $0.00
Second Inspection or offense with Non-Compliance $100.00
Third Inspection or offense with Non-Compliance $200.00
Fourth Inspection or offense with Non-Compliance $300.00
Fifth Inspection or offense with Non-Compliance $500.00
Any subsequent Inspection or offense with Non- $1000.00
Compliance
Article VI. Plumbing Code
Sec. 22-185. Permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building
inspector may waive the doubling of fees in cases where the building permit
applicant is not a professional contractor, and the work is not being done by a
professional contractor.
Subsec. (a) Enumerated
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Fixtures $35.00 first five
fixtures and
$3.00 for each
additional
fixture
Garbage disposal and hot water heaters A minimum fee
of $35.00
Gas, water, and sewer inspection underground $30.00 for first
150 feet and
$0.75 for each
additional ten
feet or multiple
thereof
Subsec (c) Fines
Initial Inspection or offense $0.00
Second Inspection or offense with Non-Compliance $100.00
Third Inspection or offense with Non-Compliance $200.00
Fourth Inspection or offense with Non-Compliance $300.00
Fifth Inspection or offense with Non-Compliance $500.00
Any subsequent Inspection or offense with Non- $1000.00
Compliance
Article VII. Property Maintenance Code
Sec. 22-225. Violations
Subsec. (f) Life Safety Violations
PM 304.18.1 Access doors $100.00 per
offense
PM 404.4.4 Prohibited occupancy $100.00 per
offense
PM 404.5 Overcrowding $100.00 per
offense
PM 505.4 Water heating facilities $100.00 per
offense
PM 602.3 Heat supply $100.00 per
offense
PM 603.2 Removal of combustion products $100.00 per
offense
PM 701.2 Responsibility $100.00 per
offense
PM 702.3 Locked doors $100.00 per
offense
PM 704.2 Smoke Detector $150.00 per
offense
Subsec. (g) Failure to Schedule
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Initial notification $0.00
Failure to schedule reinspection first offense $100.00
Failure to schedule reinspection second offense $200.00
Failure to schedule reinspection third offense $300.00
Failure to schedule reinspection fourth offense $500.00
Any subsequent offense of failure to schedule $1000.00
reinspection
Subsec. (h) Non-compliance
Initial Inspection $0.00
Second inspection with non-compliance $100.00
Third inspection with non-compliance $200.00
Fourth inspection with non-compliance $300.00
Fifth inspection with non-compliance $500.00
Any subsequent inspection with non-compliance $1000.00
Article VIII. Leases
Sec. 22-251. Unlawful leases
Subsec. (g) Violations; penalties
First offense $100.00
Second offense $200.00
Third offense $300.00
Fourth offense $500.00
Each subsequent offense $1,000.00
Article IX. Lodging Houses
Sec. 22-301. Generally
Subsec. (b) Expiration; fee
Annual permit fee $100.00 for the
first ten rooms
and $10.00 for
each additional
room.
Annual dormitory permit fee $100.00 for the
first ten rooms
and $10.00 for
each room
thereafter.
Subsec. (c) Failure to pay on due date A penalty fee in
the amount of
ten percent per
month of the
amount of the
license fee until
the same is
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paid.
Subsec. (d) Reinstatement fee $100.00
Article X. Rental Dwellings
Sec. 22-332. Inspection required
Subsec. (a) Failure to schedule inspection 1st offense $100.00
Subsec. (a) Failure to schedule inspection 2 offense
nd
$200.00
Subsec. (a) Failure to schedule inspection 3 offense
rd
$300.00
Subsec. (a) Failure to schedule inspection 4 offense
th
$500.00
Subsec. (a) Failure to schedule inspection 5 offense
th
$1000.00
and each subsequent offense
Subsec. (b) No show of owner or property manager 1st $100.00
offense
Subsec. (b) No show of owner or property manager 2nd $200.00
offense
Subsec. (b) No show of owner or property manager 3rd $300.00
offense
Subsec. (b) No show of owner or property manager 4th $500.00
offense
Subsec. (b) No show of owner or property manager 5th $1000.00
offense and each subsequent offense
If the permit fee is not paid on the date due, the permittee shall incur a penalty
fee of ten percent per month of the amount of the license fee until the same is paid.
Sec. 22-351. Generally
Subsec. (a) Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $200.00
Single-family attached dwelling, each dwelling $200.00
Subsec. (b) Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling $200.00
units
Multiple dwellings consisting of four or more dwelling
units:
For the first three dwelling units $200.00
For each additional dwelling unit in excess of three $50.00
Condominium units and accessory apartments $75.00
located within structures principally used for owner
occupancy, each
Subsec. (c) Late payment penalty A penalty fee in
the amount of
ten percent per
month of the
amount of the
license fee until
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the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Subsec. (g) Failure to register and obtain Rental Dwelling
Permit
Initial notification $0.00
Second notification $100.00
Third notification $200.00
Fourth notification $300.00
Fifth notification $500.00
Any subsequent notification $1000.00
Sec. 22-360. Enforcement, Fees and Penalties, Reporting
Subsec. (a) Short-term rental license $200.00
annually,
prorated for
partial year
Subsec. (b) Failure to register and obtain a permit
Initial notification $0.00
Second notification $100.00
Third notification $200.00
Fourth notification $300.00
Fifth notification $500.00
Any subsequent notification $1000.00
Subsec. (c) Penalties for violations
First offense $100.00
Second offense $200.00
Third offense $300.00
Fourth offense $500.00
Any subsequent offense $1000.00
First offense $100.00
Article XI. Dangerous Buildings
Sec. 22-386. Violations; penalties for disregarding
notices or orders
Subsec. (a) Violations by owner, each offense
Initial inspection $0.00
Second inspection with non-compliance $100.00
Third inspection with non-compliance $200.00
Fourth inspection with non-compliance $300.00
Fifth inspection with non-compliance $500.00
Any subsequent inspection with non-compliance $1000.00
Subsec. (b) Violations by occupant or lessee, each $100.00
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offense, minimum
First offense $100.00
Second offense $200.00
Third offense $300.00
Fourth offense $500.00
Any subsequent offense $1000.00
Subsec. (c) Removal of notice, each offense, minimum $100.00
First offense $100.00
Second offense $200.00
Third offense $300.00
Fourth offense $500.00
Any subsequent offense $1000.00
Article XII. Vacant Buildings
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings
<10,000 SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than $750.00
two years
Buildings vacant for more than two years but less $1,500.00
than three years
Buildings vacant for more than three years but less $3,000.00
than five years
Buildings vacant for five years or longer $5,000.00
Chapter 26. Businesses
Chapter 26. Businesses Fees and
Fines
Article II. Licenses
Sec. 26-35. License required; fees
Subsec. (d)(1) Businesses licensed
Advertising agency $95.00
Amusement operator $157.00
Architect $250.00
Attorney-at-law $313.00
ATM machines (third-party or off bank premises) $50.50
Auctioneer $157.00
Automobile race operator $375.00
Bank, or loan and trust company $313.00
Barber $63.00
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each additional chair over two $4.00
Beautician $63.00
each additional chair over two $4.00
Broadcasting station $313.00
Broker $157.00
Car wash $188.00
Certified public accountant $250.00
Cesspool cleaner $125.00
Chiropractor $313.00
Clinical social worker $96.00
Coin-operated amusement machine owner, per $3.00
machine
Coin-operated vending machine owner, per machine $3.00
Coin-operated electronic video machine, per machine $125.00
Commercial sign business $125.00
Computer-related services $125.00
Consultant $50.50
Day care operator:
Center or home provider with greater than six children $50.50
Dentist $313.00
Distributor $63.00
Dray person or mover $125.00
Eating establishment and/or eating establishment $125.00
operator
Employment agency $125.00
Entertainer:
One—three entertainers per group $50.50
Four—nine entertainers per group $95.00
Ten or more $125.00
Entertainment agent $188.00
Finance or small loan agency $250.00
Fitness trainer $69.00
Funeral director $250.00
Gaming position $155.00
Gas, light, power, cable TV and telephone company $938.00
General repairman $63.00
Health spa or health club $188.00
Home day care operator $25.50
Hotel:
Per room $9.50
Per suite $12.50
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Income tax consultant $188.00
Incorporator $125.00
Insurance adjustor office $125.00
Itinerant merchant, per event $100.00
Janitorial and cleaning service:
One—three employees $50.50
Four—nine employees $95.00
Ten or more employees $125.00
Land lease community operator, per home site within $25.00
community
Landscape service company:
One—three employees $50.50
Four—nine employees $95.00
Ten or more employees $125.00
Laundry service operator:
Primary facility $125.00
Additional drop-off locations $50.50
Linen supplier $125.00
Manicurist $32.00
Manufacturer's agent or representative $125.00
Mercantile agency or collection agency $125.00
Motel, per room $7.00
Motion picture theater $188.00
Motor vehicle serviceman $95.00
Nursing, rest or convalescent home $188.00
Open market operator:
First 20 spaces, per rented space $22.50
21st—50th space, per rented space $11.50
Each space over 50, per rented space $6.00
Outdoor tables, per table $6.00
Optometrist $313.00
Pawnbroker $188.00
Pest control services $95.00
Pharmacist $188.00
Photographer $125.00
Physical therapist $188.00
Physician and/or surgeon $313.00
Plant nursery and florist $95.00
Podiatrist $313.00
Pool table operator, per table $63.00/
Maximum fee
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$189.00
Printer $125.00
Private investigator agency $188.00
Professional counselor $63.00
Professional engineer $250.00
Professional land surveyor $250.00
Psychologist $313.00
Public accountant $188.00
Public stenographer $38.00
Publisher $313.00
Real estate broker, appraiser, and manager $157.00
Real estate development corporation $344.00
Real estate property manager:
One—three units managed $50.50
Four—ten units managed $125.00
Ten + units managed $125.00
Real estate salesperson or associated broker $50.50
Rental service $125.00
Sales representative $50.50
School and educational service (nonvocational) $63.00
School and educational service (vocational) $125.00
Scientific laboratory $250.00
Scrap and waste material service $125.00
Secondhand dealer of precious metals $125.00
Security service $188.00
Self-service laundry or dry cleaner $125.00
Shoe repairman $50.50
Sound truck, per hour $33.00
Tailor and garment service $50.50
Taxicab or bus operator:
First vehicle $26.00
Each additional vehicle $26.00
Tourist home, per room $7.00
Travel agency $125.00
Veterinarian $313.00
Warehouseman $250.00
Wholesale news agency $63.00
All other businesses not listed:
One—three employees $50.50
Four—nine employees $95.00
Ten—50 employees $125.00
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51—100 employees $313.00
Subsec. (d)(2) Manufacturers/contractors rate $0.00046 of
aggregate
gross
receipts/
Minimum fee
$125.00
Subsec. (d)(3) Merchants/bottlers rate $0.00046 of
aggregate
gross
purchases for
resale/
Minimum fee
$63.00
Subsec. (d)(4) Sports betting and horse racing (Simulcast) rate of
$0.00046 of
the aggregate
gross receipts
(defined as
commission)
for each
activity/
Minimum
license fee
$125.00
Sec. 26-42. Penalty for late payment of license fee A penalty fee
in the amount
of ten percent
per month of
the amount of
the licensee
fee until the
same is paid
Article III. Going-Out-of-Business Sales; Fire Sales
Sec. 26-137. Fees $25.00;
renewal fee
$25.00
Chapter 30. Standards of Ethical Conduct and Ethics Commission
Chapter 30. Standards of Ethical Conduct and Ethics Fees and
Commission Fines
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Article II. Standards of Ethical Conduct
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. 30-20. Prohibitions relating to conflicts of interest
Subsec. (i)(1) Criminal sanctions, penalties Not to exceed
$1,000.00
Chapter 38. Emergencies
Chapter 38. Emergencies Fees and
Fines
Article II. Civil Emergencies
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. 38-84. Violations; penalties Not less than
$25.00, nor
more than
$1,000.00
Article III. Emergency Services
Sec. 38-85. Basic Life Support Ambulance Services Fund
Subsec. (c) Fees
Residential Accounts $1.50/Monthly
Commercial Accounts $6.50/Monthly
Chapter 42. Environment
Chapter 42. Environment Fees and
Fines
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. 42-2. Noise
Subsec. (d) Violations; penalties Not less than
$50.00 nor
more than
$100.00
Chapter 46. Fire Prevention and Protection
Chapter 46. Fire Prevention and Protection Fees and
Fines
Article I. In General
Sec. 46-1. Means of egress
Subsec. (f) Penalties
Any exit access, exit, or exit discharge, with the exception of $100.00 first
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a locked exit door, found to be in violation of this section offense
$200.00
second or
subsequent
offense
Any required exit door found to be locked against egress $100.00 each
locked exit
first offense,
$200.00
subsequent
offense
Sec. 46-3. Impairment of fire protection equipment
Subsec. (f) Fines $100.00 per
device, first
offense;
$200.00 per
device, second
and
subsequent
offenses
Sec. 46-7. Preventable and malfunctioning alarms to the fire
company
Subsec. (a)(1) Responsibility for malfunctioning and Should the
preventable alarms, owner response, and corrective action; person notified
generally, fail to appear
at said
premises
within 30
minutes after
being notified
to do so, the
city may
charge the
owner of the
premises a fine
of $100.00
Subsec. (a)(2) Responsibility for malfunctioning and Failure to
preventable alarms, owner response, and corrective action; return
malfunction documentation
of
service/repair
within the
period of time
stated on the
notice of
violation,
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which is
satisfactory to
the fire
marshal, will
result in
assessment
against the
owner of a fine
of $100.00 for
the fire alarm
malfunction
Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions
or preventable alarms; amount of fine
Number of preventable or malfunctioning fire alarms Fine per
preventable or
malfunctioning
fire alarm
Third alarm $100.00
Fourth alarm $200.00
Fifth alarm $250.00
All over fifth alarm, each alarm $250.00
Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions A $50.00 fine
or preventable alarms; panel reset may be
assessed to the
owner of a
premises
where the fire
alarm has been
reset before
the fire
department or
assisting fire
department
arrives.
$100.00 for
second and
subsequent
offenses
Sec. 46-8. Maintaining a known violation or hazard
Subsec. (c)(1) Penalties; Any fines issued for violation of this
section
Minor deficiency $500.00
Major deficiency $1000.00
Article II. Fire Department
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Article III. Fire Codes
Fees established in subsection (b) of this section shall be doubled in the event that a
permit is applied for after construction has commenced without the permission of the fire
marshal. The fire marshal shall waive the doubling of fees in cases where the permit
applicant is not a professional contractor, and the work is not being done by a
professional contractor.
Sec. 46-126. Fire prevention permit
Subsec. (b) Fee; each applicant $25.00 for
each $1,000.00
of costs or
multiple
thereof of the
fire protection
system,
provided that a
minimum fee
for each permit
shall be
$150.00
Subsec. (c) Reinspection
First reinspection No charge
Second reinspection $100.00
Third reinspection $200.00
Any subsequent reinspection $250.00
Subsec. (d) Fire signaling system inspection fee
Certificate of inspection $25.00 each
fire alarm
system
Exception: Apartment or other multifamily dwelling—Five $25.00 each
or less buildings per complex fire alarm
system
Exception: Apartment or other multifamily dwelling— $15.00 each
More than five buildings per complex fire alarm
system up to a
maximum of
20 buildings.
Maximum fee
per complex
not to exceed
$300.00 for
fire alarm
systems
Subsec. (e) Fire suppression system inspection fee
Certificate of inspection $25.00 each
fire
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suppression
system
Exception: Apartment or other multifamily dwelling—Five $25.00 each
or less buildings per complex fire
suppression
system
Exception: Apartment or other multifamily dwelling— $15.00 each
More than five buildings per complex fire
suppression
system up to a
maximum of
20 buildings.
Maximum fee
per complex
not to exceed
$300.00 for
fire
suppression
systems
Sec. 46-127 Smoke detection devices
Subsec. (g) Violations; penalties Revocation of
any existing
license to do
business in the
city, or a fine
of not more
than $150.00
per violation,
or both such
penalties
Article IV. Public Occupancies
Sec. 46-164. Fees
Assembly No charge for
an occupant
load less than
75; $100.00
for an
occupant load
of 75 or
greater
Assembly—Fixed Seating $100.00 for
first 200 seats
and $10.00
each additional
50 seats
Educational $100.00
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Day Care $50.00 for Day
Cares as
defined by
Appendix B -
Zoning,
Article 5,
Sections
14.22, 14.23
and 22.1;
$100.00 for
other day cares
Health Care $100.00 first
25 rooms and
$5.00 for each
additional
room
Ambulatory Health Care $100.00
Residential $100.00 per
building
Residential Board and Care $100.00
Mercantile over 10,000 sq. ft. $100.00
Business over 10,000 sq. ft. $100.00
Industrial $100.00
Storage over 10,000 sq. ft. $100.00
Assembly special provisions 1 $25.00
Assembly special provisions 2 $100.00
Sec. 46-168. Reinspection fee
Subsec. (a) Amount $25.00 for any
repeated
violation cited
by the fire
marshal,
determined to
be a violation
and which
requires a
follow up
inspection to
confirm the
correction of
the violation
Subsec. (b) Fee attached A fee may be
attached to any
summons
written for any
violation
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found to be
uncorrected
upon
reinspection
Article V. Fire Lanes
Sec. 46-202. Violations; penalties
Subsec. (c) Other obstructions Any property
owner or
tenant found to
be in violation;
$50.00
Subsec. (d) Failure to mark Any property
owner found to
be in violation;
$50.00
Sec. 46-205. Responsibility of owner or tenant Any property
owner found to
be in violation;
$50.00
Chapter 50. Floods
Chapter 50. Floods Fees and
Fines
Article II. Administration
Sec. 50-22. Permits required
Permit $50.00
Permit extension $25.00
Violation and non-compliance penalties $100.00, plus
cost of
prosecution
Chapter 52. Freedom of Information Act Related to Public Records Access
Chapter 52. Freedom of Information Act Related to Public Fees and
Records Access Fines
Sec. 52-3. Fees for responding to FOIA requests
Administrative fees
First 30 minutes of staff time No charge
Staff time in excess of 30 minutes Hourly salary
plus the
overhead rate
of the lowest
paid staff
member
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capable of
performing the
service. Billed
in 15-minute
increments.
Production fees—Photocopies
Fees for printing the first 10 standard-sized black and white Waived
or the first 5 color copies (single sided)
Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") black $0.25 per
and white copies sheet (each
side)
Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") color $0.50 per
copies sheet (each
side)
Oversized copies (larger than 11" × 17") $30.00 per
sheet (each
side)
Production fees—Electronically generated records
Files provided via PDF (via email) No charge
CD or DVD (including case) $2.00
Other electronic storage costs Material cost
to generate
records
Other costs
Other costs associated with filling the request, such as postage, are the responsibility
of the requestor. If the city does not have the resources or equipment to duplicate
requested records, the city, at its discretion, may arrange to have records duplicated by an
outside contractor. In this instance, the requestor will be liable for payment of these costs.
Fee waivers
The FOIA coordinator or designee shall have the authority to determine if a fee for a
FOIA request shall be waived and the following criteria shall be used to render such a
decision: 1) The public record is already available in duplicate form (extra copies). 2)
The request for public record is made by an individual who is entitled to information
under the FOIA and who submits an affidavit, provided by the city upon request, which
shall state that the individual is then receiving public assistance or, if not receiving public
assistance, stating facts showing inability to pay the cost because of indigence. A person
shall be considered indigent if that person's income level is at or below the federal
poverty level, as established by the Bureau of the Census. 3) No written request will be
required, or charges levied for requests to review specific documents which are required
by ordinance to be made available to the public by the city clerk.
Payment
Payment of fees related to FOIA requests will be due prior to any related service
being performed. Full payment of all final costs incurred must be received prior to the
retrieval and release of information.
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Chapter 54. Health and Sanitation
Chapter 54. Health and Sanitation Fees and
Fines
Article I. In General
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. 54-4. Smoking regulations
Subsec. (d) Violations; penalties; appeals
Subsec. (2) Penalties Not to exceed
$50.00; each
day such
violation
continues shall
constitute a
separate
offense.
Article II. Food and Food Handlers
Sec. 54-52. Fee
Subsec. (a) Type of establishment
Mobile food units $50.00
Push carts $25.00
For-profit temporary eating places $25.00
Membership clubs $50.00
Institutions $100.00
Subsec. (b) Services provided
Breakfast service $15.00
Lunch service $18.00
Dinner service $18.00
Salad bar service $15.00
Hot and cold buffet, including salad bar service $40.00
Drive through service $75.00
Delivery service $20.00
Catering service $15.00
Takeout service $20.00
Seating service:
100—150 $50.00
151—200 $75.00
201 or more $100.00
Sec. 59-7. Violations and penalties.
Chapter 59. Juvenile Curfew Fees and
Fines
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Subsec. (a)(1) Offenses by the parent First offense
by a parent—
$50.00; each
subsequent
offense by a
parent shall be
increased by
an additional
$20.00: e.g.,
$70.00 for the
second offense
and $90.00 for
the third
offense.
Subsec. (a)(2) Personnel costs incurred by the City of Dover The hourly
for providing personnel to remain in the company of a juvenile wage and cost
who has been detained as a curfew violator if the parent or of benefits of
guardian does not pick up the juvenile within one hour after the city
receiving notice from the city that the city is detaining the employee
juvenile for a curfew violation assigned to
remain with
the juvenile.
Subsec. (c) Operators—Any operator who knowingly permits $50.00 for first
a juvenile to remain at the establishment under circumstances offense by an
not constituting an exception operator; for
each
subsequent
offense the
fine shall be
increased by
an additional
$20.00: e.g.,
$70.00 for the
second offense
and $90.00 for
the third
offense
Subsec. (d) False certification—Any parent convicted of $50.00 for the
knowingly providing any false authorization, information, or first offense;
certification, written or verbal, to the Dover Police Department for each
in violation of section 59-4(c) subsequent
offense the
fine shall be
increased by
an additional
$20.00, plus
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costs
Chapter 62. Law Enforcement
Chapter 62. Law Enforcement Fees and
Fines
Article I. In General
Fees not paid within 30 days of the day the fee was issued, including the day the fee was
issued, shall be automatically doubled in amount.
Sec. 62-2. False alarms to police
Subsec. (c)(1) Violations; penalties
Number of False Alarms Amount of Fee
Per False
Alarm
3—5 $25.00
6—9 $50.00
10—15 $100.00
16 and over $150.00
Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Communities
Chapter 66. Manufactured Homes, Mobile Homes, and Land Fees and
Lease Communities Fines
Sec. 66-3. Manufactured and mobile homes
Subsec. (a) Required fee from homeowner $50.00 each
one-time
placement
permit
Subsec. (c) Required fee from homeowner $45.00 each
license
annually
Sec. 66-6. Enforcement and penalties
Subsec. (a)(1) Failure to obtain manufactured home license
Initial notification $0.00
Second notification $100.00
Third notification $200.00
Fourth notification $300.00
Fifth notification $500.00
Any subsequent notification $1000.00
Subsec. (b)(i)(1) Failure to fulfill maintenance requirements
Initial inspection $0.00
Second inspection with non-compliance $100.00
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Third inspection with non-compliance $200.00
Fourth inspection with non-compliance $300.00
Fifth inspection with non-compliance $500.00
Any subsequent inspection with non-compliance $1000.00
Subsec. (b)(2) Cost of maintenance by the city $75.00 per
hour for such
work that must
be done to
render the
property in
compliance
with Chapter
66 Sec. 66-4,
plus a 15%
administrative
charge
Subsec. (c)(1) Failure to provide homeowner record A fine of
$25.00 and a
penalty fee of
ten percent per
month shall
accrue for
each month
the
homeowner
record is not
provided.
Subsec. (c)(ii) Failure to provide contact for residents A fine of
$25.00; the
fine may be
applied
cumulatively
or per
violation
instance
Subsec. (c)(iii) Failure to provide receipt A fine of
$25.00; the
fine may be
applied
cumulatively
or per
violation
instance
Chapter 70. Offenses and Miscellaneous Provisions
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Chapter 70. Offenses and Miscellaneous Provisions Fees and
Fines
Sec. 70-1. Combative fighting
Subsec. (d)(1) Violations; penalties, fines Not to exceed
$1,000.00.
Separate fines
may be issued
to the
promoter of
such an event,
participants in
such an event,
and the owner
of the
premises of
such an event
Sec. 70-2. Weapons generally
(e)(1) Penalties; fines Not less than
$500.00, nor
more than
$1,000.00
Sec. 70-7. Registered sexual offenders
Subsec. (f) Penalties $500.00 for
any offense;
each day shall
constitute a
separate
offense
Sec. 70-8. Disorderly premises Not to exceed
$1,000.00 for
any offense.
Sec. 70-10 Violations and penalties
Each day that a nuisance violation continues may be considered a new violation. If not
paid, fines may be subject to a lien on property of the owner.
1st offense $100.00 fine
nd
2 offense $250.00
rd
3 offense $500.00
All subsequent offenses $1000.00
Chapter 74. Parks and Recreation
Chapter 74. Parks and Recreation Fees and
Fines
Article I. In General
Fines not paid within 14 days of the day the fine was issued, including the day the fine
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was issued, shall be automatically doubled in amount.
Sec. 74-51. Operating any nonpermitted motorboat on Silver Not to exceed
Lake $200.00, and
not less than
$100.00
Sec. 74-52. Same—Fine Not to exceed
$100.00, and
not less than
$10.00
Chapter 78. Peddlers and Solicitors
Chapter 78. Peddlers and Solicitors Fees and
Fines
Sec. 78-4. Refusing to leave premises A fine of not
less than
$25.00, nor
more than
$1,000.00
Chapter 82. Planning
Chapter 82. Planning Fees and Fines
Sec. 82-3. Planning services
(a) Zoning verification letters/administrative $50.00 per
interpretations letter/interpretation
Chapter 86. Secondhand Goods
Chapter 86. Secondhand Goods Fees and
Fines
Article II. Precious Metals
Sec. 86-63. Fee $25.00 per
license
Sec. 86-64. Bond required Penal sum of
$1,000.00
Chapter 90. Solid Waste
Chapter 90. Solid Waste Fees and
Fines
Sec. 90-16. Violations; penalties $100.00 for
each violation
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Chapter 98. Streets, Sidewalks and Other Public Places
Chapter 98. Streets, Sidewalks and Other Public Places Fees and
Fines
Article I. In General
Sec. 98-5. Duty of tenants or owners to maintain sidewalks and $100.00 per
landscaped areas within the street right-of-way violation
Sec. 98-11. Placement of wireless communications facilities
within rights-of-way
(c) Use of Rights-of-Way Permit
(1) Permit Fee $25.00 for
ROW Permit
(2) Annual Fee for Rights-of-way Use No charge for
WCF
placement on
existing City-
owned
wireless
support
structure in
City ROW
$220.00 for
Placement of
new wireless
support
structure/pole
in City ROW
$220.00 for
WCF
placement on a
third-
party/non-city
wireless
support
structure/pole
in City ROW
Article VI. Excavations
Sec. 98-253. Bond Maximum of
$5,000.00 per
opening
Article VII. Parades
Sec. 98-303. Fee at the time of filing the application for a $10.00. This
parade permit fee may be
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waived, in
whole or in
part, by the
chief of police.
Chapter 102. Taxation
Chapter 102. Taxation Fees and
Fines
Article I. In General
Sec. 102-2. Delinquent property tax collection costs
Subsec. (a) Action to collect delinquent property taxes filed in Fee of $50.00
a court of appropriate jurisdiction is added to the
amount due,
plus court
costs and
service fees
assessed by
state or county
offices
Subsec. (b) Action proceeds and a writ of venditioni exponas Additional fee
monition or similar execution process is filed of $100.00
shall be added
to the amount
due, plus court
costs and
service fees
assessed by
state or county
offices
Article III. Realty Transfer Tax
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. 102-79. Violations; penalties. Any person guilty of A fine of not
conduct prohibited in section 102-78, Prohibited acts more than
enumerated $100.00
Chapter 106. Traffic and Vehicles
Chapter 106. Traffic and Vehicles Fees and
Fines
Article I. In General
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. 106-7. Obedience to state law; violation of any provision A fine of not
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of 21 Del. C. § 101 et seq. (except Sec. 106-7(1)—Handicapped less than
parking and Sec. 106-7(2)—Fire lanes) $25.00, nor
more than
$1,000.00
Subsec. (1) Handicapped parking Minimum fine,
as defined in
21 Del. C. §
4183, at the
time the
violation
occurs
Subsec. (2) Fire lanes Minimum
fines, as
defined in 21
Del. C. §
7001(a), at the
time the
violation
occurs
Sec. 106-14. Off-road motor vehicle regulations
Subsec. (d) Penalties A minimum
fine of $25.00
and a
maximum fine
of $100.00
Sec. 106-15. Failure to stop for a red traffic signal; traffic light
signal violation monitoring program; penalties
Subsec. (b)(3) Traffic light signal violation monitoring
program; civil or administrative assessment
Failure to comply with a traffic light signal $75.00
If not paid within 14 days, an additional assessment shall be $10.00
added to the original assessment
Additional assessment shall be increased if the assessment is $20.00
not paid within 45 days
Additional assessment shall be increased if the assessment is $30.00
not paid within 90 days
Court costs or similar administrative fees may also be Maximum
assessed if the owner requests a hearing to contest the violation, $30.00
and is ultimately found to be in violation or fails to pay or
contest the violation in a timely manner
Sec. 106-16. Violations; except as otherwise provided
Subsec. (a)(1) Moving offense Minimum of
$10.00
Subsec. (a)(2) Nonmoving offense Minimum of
$15.00
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Subsec. (a)(3) Parking violation $20.00 for
each offense,
if the fine is
paid within 72
hours from the
date the
offense is
recorded in
time, the fine
shall be
$15.00
Article II. Bicycles
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. 106-55. Penalties for violation Not to exceed
$100.00 and
not less than
$10.00
Article III. Stopping, Standing, and Parking
Sec. 106-135. Residential parking
Subsec. (i)(1) Expiration; Two-hour parking $20.00 fine or
$15.00 if paid
within 72
hours of
issuance of
such fine
Subsec. (i)(2) Expiration; change of residence, etc. $20.00 fine or
$15.00 if paid
within 72
hours of
issuance of
such fine
Subsec. (m) Violations; penalties Any violation
of this section
not having a
stated,
specified
penalty will
result in a
$20.00 fine or
$15.00 if paid
within 72
hours of
issuance of
such fine
Sec. 106-137. Parking areas for persons with disabilities
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Subsec. (c)(3) Signage; fines Failure to
achieve
compliance
within 30
calendar days
of the issuance
of the notice
of violation
shall be
subject to the
fines set forth
in subsection
(f) of this
section
Subsec. (f) Penalties Whoever
violates this
section shall
be fined not
less than the
minimum fine
as defined in
21 Del. C. §
4183 at the
time the
violation
occurred
Sec. 106-163. Use of meters required
Subsec. (a) Failure to make the required payment in the $20.00 fine or
parking meter $15.00 if paid
within 72
hours of
issuance of
such fine
Subsec. (b) Payments accepted
Each $0.25 coin Permits the
vehicle to be
parked for a
period of one
hour
Each $1.00 Permits the
vehicle to be
parked for the
duration of the
enforcement
period of 8:00
a.m. to 5:00
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p.m.
Sec. 106-164 Violations; penalties
Subsec. (a) Generally; each violation if paid within 24 hours A fine of not
from time summons giving notice of violation is issued less than $1.00
for each
violation
Subsec. (a) Generally; each violation if paid after expiration $2.00 for each
of 24 hours from time summons giving notice of violation is violation, if
issued payment is
made
voluntarily
prior to the
time and date
set forth in the
summons
Subsec. (a) Fourth violation; each violation if paid within one $1.00 for each
hour from time summons giving notice of violation is issued such violation
Subsec. (a) Fourth violation; each violation if paid after $2.00 for each
expiration of one hour from time summons giving notice of violation, if
violation is issued payment is
made
voluntarily
prior to the
time and date
set forth in the
summons
Subsec. (a) Fifth violation, etc.; any person committing more $5.00 for each
than four violations within any 30-day period of the provisions such violation,
of this division if payment is
made
voluntarily
prior to the
time and date
set forth in the
summons.
Subsec. (b)(4) Any person who unlawfully removes a device $500.00 fine
for immobilization of a vehicle for each
violation
Subsec. (b)(5) Any person who tows or otherwise moves an $500.00 fine
immobilized vehicle without authorization by the chief of police for each
or his designee violation
Subsec. (c) Cost. No cost will be assessed if payment of the penalty as hereinbefore
imposed is voluntarily paid without the necessity of a hearing before the proper official.
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Chapter 110. Utilities
Chapter 110. Utilities Fees and
Fines
Article II. Electric Service
Sec. 110-32. Pole attachment fee; use of Dover Electric
Department facilities
If payment is not received for any fee or other amount owed within 30 calendar days
after it becomes due, the licensee shall pay interest at the rate of one and one-half percent
per month, on the amount due (subsec. (f).
Subsec. (4) Fees and charges
Annual pole attachment fee $8.17 per
attachment
Wireless Communications Facility Attachment $50.00 annual
fee per
attachment on
city-owned
wireless
support
structure/pole
Subsec. (4)(l) True-up Wherever the
actual cost of
DED's activity
exceeds the
advance
payment of
estimated
expenses,
licensee agrees
to pay DED
for the
difference in
cost when that
amount
exceeds
$50.00; To the
extent that the
actual cost of
the activity is
less than the
estimated cost,
DED shall
refund to
licensee the
difference in
cost where that
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amount
exceeds
$50.00
Subsec. (5) Scope of Authority
Subsec. (l)(i) Overlashing, unauthorized attachment penalty Three times
the annual
attachment
fee, per
occurrence
Subsec. (8) Permitting, (b) Pole attachment permit application
process
Subsec. (i)(a) Charge for expenses related to the pre-permit
survey application
Less than 11 poles $50.00
application fee
plus $2.00 per
pole
11 poles up to and including 25 poles $90.00
application fee
plus $2.00 per
pole
26 poles or greater $4.00 per pole
application fee
Subsec. (i)(b) Charge for expenses related to the leasing of
conduit
Less than 100 feet $50.00
application fee
plus $0.50 foot
100 feet to 251 feet $90.00
application fee
plus $0.50 foot
Greater than 250 feet $0.75 per foot
application fee
Subsec. (9) Make-ready work, (b) Payment of make-ready DED may
work require
payment in
advance for all
make-ready
work based
upon the
estimated cost
of such work
if the estimate
exceeds
$1,000.00.
Upon
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completion,
licensee shall
pay DED's
actual cost of
make-ready
work, which
shall be
itemized.
Subsec. (10) Transfers, (b) Billing for transfers performed by If DED
DED performs the
transfer(s),
DED will bill
licensee for
actual costs
per subsection
(4) Fees and
charges.
Licensee shall
reimburse
DED within
30 calendar
days of the
receipt of the
invoice.
Subsec. (12) Abandonment or removal of DED facilities
Subsec. (b) Option to purchase abandoned poles Rate equal to
the
depreciated
value of said
pole; if a pole
that is to be
purchased is
older than 30
years, then the
rate to be
charged is set
at $50.00 per
pole
Subsec. (16) Unauthorized occupancy or access
Subsec. (a) Penalty fee Three times
the annual
attachment
fee, per
occurrence; if
licensee fails
to pay such fee
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within 30
calendar days
of receiving
notification
thereof, DED
has the right to
remove such
attachments at
licensee's
expense,
unless such fee
is disputed in
good faith
Subsec. (17) Advance payment $8.17 per
attachment;
plus, estimated
make-ready
work expenses
Article II. Electric Service
Sec. 110-33. Charge for discontinuing or restoring electric
service
Subsec. (a) Maintenance and repair No charge for
discontinuing
or restoring
electric service
for
maintenance
purposes if
done between
7:00 a.m. and
5:00 p.m.;
$100.00 for all
service calls
between 5:00
p.m. and 7:00
a.m.
Subsec. (b) Nonpayment There will be a
service charge
of $50.00 paid
prior to
turning on any
service
discontinued
for
nonpayment
between 7:00
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a.m. and 5:00
p.m.
There will be a
service charge
of $100.00
paid prior to
turning on any
service
discontinued
for
nonpayment
between 5:00
p.m. and 7:00
a.m.
Article III. Water Service
Sec. 110-191. Water use fees generally
Subsec. (b) Penalty A penalty of
1½ percent or
$1.00,
whichever is
greater, per
month shall be
added to all
water service
fees which
shall be in
arrears for a
period in
excess of 30
days after the
date of
rendering the
water service
bill
Sec. 110-192. Charge for discontinuing or restoring water
service
Subsec. (a) Maintenance and repair No charge for
turning on or
off any service
for
maintenance
purposes if
done between
7:00 a.m. and
5:00 p.m.;
$100.00 for all
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service calls
between 5:00
p.m. and 7:00
a.m.
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
between 7:00
a.m. and 5:00
p.m.
There will be a
service charge
of $100.00
paid, together
with all
current and
overdue
charges, prior
to turning on
any service
discontinued
for
nonpayment
between 5:00
p.m. and 7:00
a.m.
Sec. 110-193 Penalties for cross-connection control program
non-compliance
Subsec. Non-compliance penalties There will be a
charge of
$100.00 per
day to the
property
owner after the
final warning
date of non-
compliance.
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This charge
will continue
on a daily
basis until the
property is in
compliance
with the cross-
connection
control
program.
Sec. 110-208. Water impact fee established; payment, credits
Subsec. (c) Fee and applicability
(1) Applicable building permit before February 1, 2008. A No fee
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.
(1) Building permit and certificate of occupancy is issued on $700.00
or after February 1, 2008.
(2) Certificate of occupancy issued after February 1, 2009. $1,400.00
(3) Certificate of occupancy is issued after February 1, 2010. $2,100.00
Article IV. Sewer Service
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
Chapter 114. Vegetation Fees and
Fines
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 of further
notice. Action by the city fees and fines are separate charges.
Sec. 114-33. Failure to maintain proper height; abatement by
city; costs and lien
Subsec. (c) Action by the city- abatement of the violation. $50.00 to
$250.00 per
hour
Sec. 114-34. Fines
Subsec. (a) Generally
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Warning $0.00
First offense $50.00
Second offense $100.00
Third and subsequent offenses $250.00
Chapter 118. Vehicles for Hire
Chapter 118. Vehicles for Hire Fees and
Fines
Article II. Taxicabs
Sec. 118-54. Fee
Taxicab operator's permit $5.00
Appendix A. Subdivisions
Appendix A. Subdivisions Fees and
Fines
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 $200.00, plus
$85.00 per
acre for the
first ten acres,
$60.00 per
acre for the
next ten acres,
and $45.00 per
acre for each
acre thereafter
Subsec. C.3. Plat; review fee—Minor lot line adjustment Plats for minor
lot line
adjustments
shall require a
review fee of
$150.00
Subsec. C.3. Plat; review fee—Minor subdivision Plats for minor
subdivisions
shall require a
review fee of
$150.00 plus
$15.00 per lot
Appendix B. Zoning
Page 137
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Appendix B. Zoning Fees and
Fines
Article 3. District Regulations
Sec. 18. Recreational and commercial zone (RC)
Subsec. 18.1. Uses permitted
(k)(3) Temporary activity fee
Less than 5 acres $50.00
5—25 acres $100.00
26—100 acres $250.00
100+ acres $500.00
(l)(2) Temporary camping permit fee
Less than 5 acres $50.00
5—25 acres $100.00
26—100 acres $250.00
100+ acres $500.00
Sec. 24. Planned Neighborhood Design option (PND)
Subsec. 24.2. Review process—General sketch plan review $100.00
fee, each application
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 development preliminary subdivision plan
review
Subsec. 24.91. Preliminary plan approval fee; each $325.00, plus
application $20.00 per acre
Subsec. 24.10. Final subdivision plat approval
Subsec. 24.101. Final subdivision plat approval; each $250.00
application
Sec. 28. Traditional Neighborhood Design Zone (TND)
Subsec. 28.4. Procedure; application for rezoning of a land
area to a TND zone
Subsec. 28.411. Minimum fee; each rezoning petition $325.00
Subsec. 28.422. Implementation plan approval; each $325.00, plus
application $10.00 per acre
Subsec. 28.434. Site development plan or subdivision plat; $250.00
each application
Article 5. Supplementary Regulations
Section 4. Supplementary sign regulations
Subsec. 4.8. Unified campuses and complexes
Subsec. D.4. Submission requirements; application fee $200.00, due at
time of
application
Subsec. 4.9. Supplementary sign provisions
Subsec. D.1. Temporary signs; permit $50.00
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Section 23. Wireless Communications Facilities
Subsec. 23.5. Application Procedures
23.51 Location within Public Right-of-way
(f) Fee WCF Building
Permit Fee is
$25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiples
thereof up to
$10,000,000.00
of costs
23.53 Eligible Facilities Request
(d) Fee WCF Building
Permit Fee is
$25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiples
thereof up to
$10,000,000.00
of costs
23.54 Substantial Change Activity
(d) Fee WCF Building
Permit Fee is
$25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiples
thereof up to
$10,000,000.00
of costs
23.55 New Facilities
(a) Conditional use authorization required. $425.00, plus
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$25.00 per acre
of the area or
multiple
thereof
involved in the
Conditional
Use Permit
application
(d) Fee WCF Building
Permit Fee is
$25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiples
thereof up to
$10,000,000.00
of costs
23.56 New Small WCF
(d) Fee WCF Building
Permit Fee is
$25.00 for first
$1,000.00 of
costs and $8.00
for each
additional
$1,000.00 of
costs or
multiples
thereof up to
$10,000,000.00
of costs
Article 6. Off-Street Parking, Driveways, and Loading Facilities
Sec. 5. Supplementary regulations for parking and loading
facilities
Subsec. 5.5. Parking for motorsports racing
Subsec. 5.52. Recreational vehicle parking
1—5 Recreational vehicles No fee
6—25 Recreational vehicles $25.00
26—50 Recreational vehicles $50.00
51—100 Recreational vehicles $100.00
>100 Recreational vehicles $150.00
Article 8. Enforcement and Penalties
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Sec. 2. Certificates of occupancy
Subsec 2.4. Every application for a certificate of occupancy
or a temporary certificate of occupancy shall be accompanied by
a fee:
Certificate of occupancy for one-family residential uses $60.00
Temporary certificate of occupancy for one-family $75.00 for a
residential uses maximum of
45 days. Fee
applies for any
extensions
beyond 45
days
Certificate of occupancy for uses other than one-family $75.00 for the
residential uses first 20,000
square feet of
building area,
plus the sum of
$15.00 for each
additional
10,000 square
feet of building
area in excess
of the first
20,000 square
feet or multiple
thereof
Temporary certificate of occupancy for uses other than one- $100.00 for a
family residential uses maximum of
45 days. Fee
applies for any
extensions
beyond 45
days
Article 9. Board of Adjustment
Sec. 3. Procedure
Subsec. 3.4. All variance requests and appeals from an order,
requirement, decision, or determination made by an
administrative official, board, or agency of the city shall be
accompanied by a fee
All variance requests for residential uses $300.00
All variance requests for nonresidential uses $600.00
All appeals from an order, requirement, decision, or $300.00
determination made by an administrative official, board, or
agency of the city
The board of adjustment may, in its discretion, return to the
applicant part or all of the fee paid by him in the event that his
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appeal under section 2.1 (interpretation) hereof is partially or
wholly successful. The fees filed in connection with
applications under section 2.2 (variances) shall not be
returnable, regardless of disposition of the case by the board
Article 10. Planning Commission
Sec. 1. Approval of conditional uses
Subsec. 1.52. Application procedure; conditional use permit; $425.00, plus
each application $25.00 per acre
of the area or
multiple
thereof
involved in the
application
Sec. 2. Site development plan approval
Subsec. 2.42. Fees—Application for administrative site plans $300.00
Subsec. 2.43. Fees—Application for site development plan $425.00 plus
approval $25 per acre
Sec. 3. Historic district commission and architectural review
Subsec. 3.26. Procedures for an architectural review by the
historic district commission or planning commission
Subsec. (b) Application and fee for an architectural review $250.00
certificate
Sec. 5. Amendments
Subsec. 5.32. Application. Each application for a zoning map
amendment:
Minimum fee, in addition to required district supplemental $425.00
fee
One-family residence zones (R-8, R-10, R-15, and R-20); $25.00 per acre
supplemental fee
General residence zones, Medium density residence zones, $50.00 per acre
and Mobile home park zones (RG-0, RG-1, RG-2, RG-3, RG-5,
RM-1, RM-2, and MHP); supplemental fee
Commercial and office (C-1, C-1A, C-2, C-2A, C-3, C-4, $70.00 per acre
CPO, RC and IO); supplemental fee
Shopping center development (SC-1, SC-2 and SC-3); $75.00 per acre
supplemental fee
Industrial zones (M, IPM, and IPM2); supplemental fee $75.00 per acre
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-20 – AMENDING CHAPTER 110 –
UTILITIES, ARTICLE V – STORMWATER (MARK NOWAK, PUBLIC WORKS
DIRECTOR)
Ms. Arndt moved that the Final Reading of the proposed ordinance be
acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.
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(Hare absent) (The First Reading of the proposed ordinance was accomplished during
the Council Meeting of June 10, 2024.)
Mr. Mark Nowak, Public Works Director, reviewed Proposed Ordinance #2024-20 – Amending
Chapter 110 – Utilities, Article V - Stormwater.
By motion of Dr. Sudler, seconded by Ms. Arndt, by a roll call vote, eight (8) yes (Boggerty,
Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted
Ordinance #2024-20 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 110 – Utilities, as follows:
ARTICLE V. – STORMWATER
Sec. 110-284. – Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning.
All other stormwater classes mean the various stormwater classes, except the
single-family residential stormwater class.
Dwelling means a structure with one kitchen and one or more baths and bedrooms
separate from the kitchen including houses, mobile homes, manufactured homes, and
apartments.
Equivalent runoff unit or ERU means a unit of measure that is set to equal the
average impervious area square footage of parcels of the Tier 1 single-family residential
stormwater class.
Impervious area means the total square feet of hard surface areas including
buildings, driveways, any attached or detached structures, paved or hardscaped areas, or
other surface areas that behave like an impervious area during precipitation events, that
either prevent or restrict the volume of stormwater that can enter into the soil and/or
thereby cause water to runoff the surface in greater quantities or at an increased rate of
flow than what would have occurred under natural undistributed conditions.
Single-family residential stormwater class means parcels with a single-family,
detached, semi-detached, or attached dwelling.
Stormwater charge means the monthly charge for stormwater management
assessed to a parcel within the city based on the impervious area of the parcel to be billed
on the associated cycle billing route for the service location.
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Tier means the tier value that is assigned to each parcel in the single-family
residential stormwater class, based on the parcel’s impervious area.
NPDES Permit refers to the National Pollutant Discharge Elimination System
(NPDES) permit imposed by the EPA and the State of Delaware that requires permittees
to develop and implement a comprehensive Storm Water Management Program (SWMP)
that must include pollution prevention measures, treatment or removal techniques,
monitoring, use of legal authority, and other appropriate measures to control the quality
and quantity of stormwater discharged to the storm drains and thus Waters of the State
and Waters of the United States.
Sec. 110-285. – Stormwater charges.
(a) The stormwater charge represents an equitable system for recovering costs related
to all aspects of stormwater management, including but not limited to: capital
improvements including debt service; operation and maintenance including
routine replacements; compliance with all current and future stormwater and
surface water regulatory requirements (NPDES Permit); surface water quality
monitoring, inspection, management, and improvement projects; flooding
mitigation; inspections of stormwater management facilities; billing and
administration; acquisition of interests in land including easements; and
watershed planning and protection initiatives.
(b) All parcels that are within the city’s corporate boundaries, except as noted in Sec.
110-285(d)(4), shall be assessed a monthly stormwater charge as per the
provisions of this article.
(c) The stormwater charge for each parcel shall be determined as per the provisions
of this article, based on the number of equivalent runoff units “ERUs” and the
ERU rate.
(1) Equivalent runoff unit. The ERU is 1,700 square feet.
(2) Equivalent runoff unit. The ERU is $6.00 per ERU.
(3) Monthly stormwater charge calculation. The monthly stormwater charge
calculated by multiplying the ERU ratio by the ERU rate (see Table 1 for
Tier and ERU ratio).
(d) The stormwater charge for the various stormwater classes shall be determined as
follows:
(1) Single-family residential stormwater class: For the single-family
residential stormwater class, a three-tiered stormwater charge is
established to accommodate the wide range of impervious area square
footage that exists among the single-family residential parcels in the city.
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Table 1: Single-Family Residential Class
Tier Applicable Zoning Average Impervious Equivalent Runoff Unit
Districts Area Ratio (ERU ratio)
(square feet)
1 RG-3, RG-4, TND 1,700 1.0
2 RM-1, RM-2, RG-1, RG-2, 2,400 1.4
R-7
3 R-8, RG-5, R-10, R-20, R- 3,700 2.2
15
(2) All other stormwater classes: The stormwater charge for all other
stormwater classes shall be calculated by dividing the estimated
impervious area for a parcel by the average impervious area for the Tier 1
single-family residential stormwater class to determine the ERU ratio. The
ERU ratio is then multiplied by the ERU rate to determine the monthly
stormwater charge.
(3) Impervious area will be capped at 1 million sq. ft. No parcel owner will be
billed for more than 1 million sq. ft. of impervious surface.
(4) Exemptions. Parcels owned by the United States of America shall be the
only parcels within the city’s corporate limits exempt from the stormwater
charge.
(5) Updates. Updates to residential tiers and impervious surface data shall
occur when the State of Delaware updates their impervious surface data.
(6) Any future amendment to the ERU rate shall be approved by City Council.
Sec. 110-287. – Effective date of stormwater charges; liability of payment.
(a) The stormwater service charges herein authorized shall become effective July 1,
2024.
(b) The stormwater service charges will be collected from the following:
(1) The owner on record of a parcel will be assessed the stormwater charge. In
the event that the owner of a parcel and the user of a parcel are not the
same, the owner shall be liable for the stormwater charge.
(2) In the case of joint ownership of a parcel, the stormwater charge shall be
billed to the owner designated as the primary owner in the City assessor’s
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records.
Sec. 110-288. – Delinquency.
(a) Pursuant to City Ordinance, Sec. 1-13a, b-Clean Hands, no person or entity or
owner shall be eligible to receive any city services, utilities, permits, licenses, or
approvals if that person, entity, or owner owes outstanding payments to the city.
(b) All penalties, fines, and costs associated with enforcement of this chapter shall be
liens on the property to the extent permitted by Title 25, Chapter 29 of the
Delaware Code.
Sec. 110-289. – Credits.
(a) Appeals. An owner of a parcel for which a stormwater charge has been assessed
may appeal the stormwater charge for that parcel for the following reasons:
(1) The calculation of the stormwater charge;
(2) The assigned tier, if applicable; and
(3) The eligibility for a credit.
(b) Burden of proof. The burden of proof shall be on the appellant to demonstrate, by
clear and convincing evidence, the validity of the appeal.
(c) Appeals procedure. All other procedures for appeals shall be per the City of
Dover Stormwater Credits, Appeals, and Grants Manual.
(d) Ability to audit.
(1) The city reserves the right to audit a parcel’s stormwater charge at any
time.
(2) This may include a review of the estimated impervious area associated
with the parcel as well as any unique characteristics as they relate to the
generation of stormwater runoff and/or the management thereof.
Sec. 110-291. – Grants.
(a) Grants. An owner of a parcel within the single-family residential stormwater class
for which a stormwater charge has been assessed may apply for a drainage grant.
Grant procedures are outlined in the City of Dover Stormwater Credits, Appeals,
and Grants Manual.
(b) Appropriated Amount. The amount appropriated for grants each year will be
made available.
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Sec. 110-292. – Transfers.
There shall be no transfers from the stormwater fund, less internal service,
department cost allocations, to any other operating fund of the city without an
ordinance change by City Council.
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-21 – AMENDING CHAPTER 98 –
STREETS, SIDEWALKS, STORM SEWERS, AND OTHER PUBLIC PLACES, ARTICLE
IX – STREET SWEEPING, ARTICLE X – LEAF COLLECTION SERVICES (MARK
NOWAK, PUBLIC WORKS DIRECTOR)
Ms. Arndt moved that the Final Reading of the proposed ordinance be
acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.
(Hare absent) (The First Reading of the proposed ordinance was accomplished during
the Council Meeting of June 10, 2024.)
Mr. David Hugg, III, City Manager, reviewed Proposed Ordinance #2024-21 – Amending
Chapter 98 – Streets, Sidewalks, Storm Sewers, and Other Public Places, Article IX – Street
Sweeping, Article X – Leaf Collection Services.
Responding to Mr. Anderson, Ms. Duca stated that it is the National Pollutant Discharge
Elimination System (NPDES) permit, and it involves the maintenance and capital improvements
of the stormwater system.
Responding to Mr. Anderson, Ms. Duca stated that with the expenses for the stormwater side,
they are looking at four and a half million dollars, so that would be between $0.09 and $0.10
property tax. This would depend upon the assessed value of the home as to how much that would
affect, but it would be significant.
By motion of Ms. Arndt, seconded by Mr. Neil, by a roll call vote, eight (8) yes (Boggerty,
Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted
Ordinance #2024-21 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 98 – Streets, Sidewalks, Storm Sewers, and Other Public Places, as follows:
ARTICLE IX. – STREET SWEEPING
Sec. 98-347. STREETS, SIDEWALKS, STORM SEWERS, AND OTHER PUBLIC
PLACES
(a) Street Sweeping
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(1) The City Manager or his / her designee shall provide street sweeping
services within the city at the frequency and locations determined to be in
the best interest of the city.
(2) Street sweeping shall meet or exceed the requirements set forth by the
NPDES permit issued to the City of Dover.
(3) Any areas determined to require parking restrictions to provide adequate
street sweeping services must be adequately marked by the city.
ARTICLE X. – LEAF COLLECTION SERVICES
(a) Leaf Collection
(1) The City Manager or his / her designee shall provide leaf collection
services within the city at the frequency and locations determined to be in
the best interest of the city.
(2) Leaf piles shall not be placed out for collection more than one day prior to
collection day.
(3) Leaf piles shall be no larger than 3 feet wide by 3 feet tall. Leaf piles shall
not be placed near catch basins or within the gutter pan. Clear space of 3
feet shall be provided on either end of leaf piles.
(4) Leaves shall not be bagged or tarped when put out for leaf collection
services.
(5) Leaf piles shall not contain limbs, sod, concrete, trash, or other foreign
material.
(6) Leaf piles put out for leaf collection services that are not in conformance
with the parameters above may not be collected.
ADOPTED: June 24, 2024
FINAL READING PROPOSED ORDINANCE #2024-26 – FISCAL YEAR 2024/2025 CITY
OF DOVER BUDGET ORDINANCE
Ms. Arndt moved that the Final Reading of the proposed ordinance be
acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.
(Hare absent) (The First Reading of the proposed ordinance was accomplished during
the Council Meeting of June 10, 2024.)
Mr. David Hugg, III, City Manager reviewed Proposed Ordinance #2024-26 – Fiscal Year
2024/2025 City of Dover Budget Ordinance.
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Mr. Hugg noted a correction in the Budget Ordinance which would be the non-bargaining and
appointed officials would receive a 4% increase. The other employees received an amount
determined by their union contracts, and they were not quite done with the negotiations but
looking hopeful that it can be wrapped up this week. Mr. Hugg explained that the council
adopted an ordinance dealing with council members' compensation and tied that compensation to
the increase in compensation awarded to the non-bargaining employees. The council members
would get the same rate of pay increase that they would give to all the non-union employees.
There is one exception, the council members are automatic and reserve the right to determine
compensation for the mayor. Mr. Hugg further explained that they budgeted at the rate of the
non-bargaining employees, they budgeted the 4% increase, but they do not have the authority to
implement that increase and council would have to vote to determine what the mayor’s
compensation for next year would be and then adopt the budget.
Responding to Dr. Sudler, Mr. Hugg stated that the 4% results in the dollar an hour increase in
his compensation, which is $2,00 for the year so it would raise to $54,080. Mr. Hugg noted that
he has not discussed with the mayor his compensation since it is a council’s decision.
Dr. Sudler stated he is concerned with the amount of $54,080, that the mayor would receive.
Even though the mayor’s duties are more extrinsic, he does not believe the amount is enough for
the mayor, especially with all the decisions and the public safety, and everything the job comes
with. Dr. Sudler explained that everyone else is making over $140,000 to $150,000, and $54,000
for the mayor is not enough.
Responding to Ms. Arndt, Mr. Hugg stated that this should have been discussed earlier on to put
forward. He further stated that there are sufficient funds in the budget, in the mayor’s budget for
at least would be comparable to what the council increase increased. When the budget is done,
they multiply all the employees by what the percentage is, and they accommodate it. Mr. Hugg
noted that he forgot that the mayor was not automatic and that the council members are.
Responding to Mr. Hugg, Mr. Neil asked if it would be proper and if it would upset anyone in
this situation with the budget if they did a $5,000 pay raise for the mayor this year.
Responding to Mr. Neil, Mr. Hugg stated that because of the way they do the budget, they could
accommodate a pay raise as part of the budget number that they put together for the mayor’s
office. They can pick a number that they feel is comfortable, $5,000 would be workable.
Mr. Lewis expressed concerns at this point that this is being included in the budget and because
they are in a tight situation. They are in a deficit. He wanted to say that they could keep his 4%
increment and give it back to the taxpayers.
Responding to Mr. Anderson, Mr. Hugg explained that they presented a balanced budget and
there was no deficit. They are balanced with the revenue and expenditures outlined in the budget.
Responding to Mr. Anderson, Mr. Hugg stated that there are sufficient funds in the mayor’s
budget to cover what would be consistent with council. Since there is a position that is empty and
has aggressively begun to fill, it probably would not be filled until the end of August. There are
probably sufficient funds in there, but he does not have the budget sheet in front of him to check.
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Item #1.
CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 147
If $3,000 is all they are talking about then he was not concerned about being able to find that in
the budget.
Mr. Neil moved to approve increasing the mayor’s salary by $5,000 for the coming fiscal
year, seconded by Mr. Boggerty, and carried by a roll call vote: six (6) yes (Boggerty, Neil,
Pillsbury, Arndt, Rocha, Anderson), two (2) no (Lewis and Sudler), and one (1) absent
(Hare).
Mr. Neil moved to approve Ordinance #2024-26 - Fiscal Year 2024/2025 City of Dover
Budget Ordinance as amended. The motion was seconded by Mr. Rocha, and carried by a
roll call vote, six (6) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Anderson), no (Sudler
and Lewis), and one (1) absent (Hare).
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg had no announcements.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen wanted to remind everyone that on Sunday, June 30, 2024, there would be
fireworks display celebrating the birth of the nation at Bally’s Casino and Dover International
Speedway. Mayor Christiansen noted that the City of Dover, 4th of July celebration will feature a
parade with the 280th National Guard Band and fireworks. Mayor Christiansen expressed that
with concern from the members of council and the citizens of the city, one of the major
responsibilities under the charter of this city is the public safety of the community, no matter
what part of that community it is. To answer the concerns and questions throughout the city, he
will address the need to implement a curfew as needed with input from the Chief of Police and
the City Solicitor as conditions warranted.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Boggerty wanted to emphasize that he wanted to work to implement a curfew, as he talked
with everyone, and had conversations with the mayor. He yields to the mayor’s discretion to
exercise his authority with the curfew. Mr. Boggerty mentioned that Saturday, June 29, 2024,
will be the Third Annual Unity Day at Williams Park, from 2:00 to 6:00 p.m. This year they are
going to emphasize anti-bullying, cyberbullying, and bullying against the LGBTQIA+
community. He acknowledged all those who participated in the Juneteenth event and extended
thanks to the honorable Reuben Salters for the African American Festival. Mr. Boggerty gave
congratulations to Bishop Carol Boggerty for her appointment to the post for the State of
Delaware. She will be representing Kent County. Mr. Boggerty stated that the summer concert
series has started, with free events starting every Thursday at The Green.
Mr. Anderson informed everyone about the Dover Hope Zone, which is a Division of the Hope
Commission, and the Hope Street Summer schedule, which will be posted on social media. The
first one is going to be on July 10, 2024, from 6:00 to 7:30 p.m. at Mount Zion Ame Church, 211
West Division Street. There will be eight (8) events going on through August 21, 2024.
Dr. Sudler gave his condolences on behalf of the Fourth District, the Mishoe Family, and the
Sudler Family to the Carey family. Their thoughts are with them during this difficult time,
acknowledging their loss of a community pillar, a father, and recognizing their contributions to
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Item #1.
CITY COUNCIL MEETING OF JUNE 10, 2024 PAGE 148
the City of Dover. His second announcement is that the commissioner, Dr. Travis Mishoe
Sudler, as well as himself, will be providing food and barbequing for the unsheltered at Moun
Zion Ame Church on Wednesday, June 26, 2024, at 11:45 a.m. This is done every fourth
Wednesday.
The meeting adjourned at 8:31 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of June 24, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1
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Item #2.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on June 26, 2024, at 6:00 p.m. with Council President
Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr.
Lewis, Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Mr. Sudler (arrived at 6:20 p.m.).
Mayor Christiansen was also present. Civilian members present for their Committee meetings
were Mr. Iriowen (Utility), Mr. Garfinkel, and Mr. Shevock (arrived at 6:14 p.m. via WebEx),
(Legislative, Finance, and Administration). Mr. Pugh (Utility) was absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and unanimously
carried.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Mr. Boggerty moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Annual Review and Approval of Governing Policy for Energy Commodity Risk
Management (David S. Hugg, III, City Manager, and Paul Waddell, Electric Director)
Mr. David S. Hugg, III, City Manager reviewed the Governing Policy for Energy Commodity Risk
Management.
Staff recommended approving the Governing Policy for Energy Commodity for Risk Management
as presented.
Responding to Mr. Rocha, Mr. Hugg stated that the policy is the same as previously presented.
Responding to Mr. Iriowen, Mr. Hugg stated that the policy was last reviewed on January 23, 2023.
He explained that per the code, the city must adopt the policy on an annual basis.
Mr. Hare moved to recommend accepting the staff recommendation. The motion was
seconded by Mr. Boggerty and unanimously carried.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the
meeting adjourned at 6:06 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding.
Adoption of Agenda
Ms. Arndt moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 26, 2024 PAGE 2
Item #2.
Proposed Ordinance #2024-27 – Amending Appendix F – Fees and Fines: Chapter 82 –
Planning, Appendix A – Subdivisions, and Appendix B – Zoning (David S. Hugg, III, City
Manager, and Dawn Melson-Williams, Principal Planner)
Mr. David S. Hugg, III, City Manager, and Ms. Dawn Melson-Williams, Principal Planner,
reviewed the changes in Proposed Ordinance #2024-27.
Staff recommended approving Proposed Ordinance #2024-27.
Responding to Ms. Arndt, Ms. Melson-Williams stated that they did look at some adjacent
jurisdictions such as Kent County, Smyrna, Milford, and Newark. She explained that it proved
hard to complete direct comparisons because, in many cases, they do not have professional
planning staff, and the reviews are completed by a consultant, so the cost is higher. She stated that
the directive from the city manager was to look at a three (3) percent increase while considering
the ease of calculation and the reasonableness of the fee.
Responding to Mayor Christiansen, Ms. Melson-Williams stated that the amount of time staff
spends on a particular application is not recouped in the application fees. She explained that when
a building goes to construction, the permit fees in most cases cover things such as the Planning
Commission and the Board of Adjustment, both of which have stipends per meeting and public
notice ads. However, the fees do not cover the per hour by staff.
Responding to Mayor Christiansen, Ms. Melson-Williams stated that they could consider
reflecting the staff time spent in the fees, however, it is very hard to calculate because every site
plan varies in required staff time.
Ms. Arndt moved to recommend accepting the staff recommendation. The motion was
seconded by Dr. Pillsbury and carried with Mr. Lewis voting no.
Mr. Anderson recommended looking into a biennial cost of living adjustment to the fees, so they
stay current with inflation. He explained that the idea was presented around 2014.
Responding to Mr. Lewis, Ms. Melson-Williams stated that there are miscellaneous fees that go
into the general fund. She further explained that the total amount, which includes the presented
fees and several other items collected by the planning office, is about $20,000 per year.
Discussion – Update on Joint Use Agreement with Dover Air Force Base (DAFB) (David S.
Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, updated council and committee members on the Joint Use
Agreement with the Dover Air Force Base (DAFB).
Committee action was not required.
Mr. Hugg emphasized that the original agreement was set to expire in 2020, however, several
extensions have been granted. He stated that a newly revised joint-use agreement has currently
been provided to the Secretary of Defense for a signature.
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COUNCIL COMMITTEE OF THE WHOLE MEETING JUNE 26, 2024 PAGE 3
Item #2.
Mr. Hugg explained that some benefits of the new agreement include the removal of the landing
fee, the elimination of the requirement for prior authorization to land, which previously had to be
done 24 hours in advance, and an increase in the number of takeoffs and landings from 13,500 to
25,000. He emphasized that the agreement will be for 50 years and will allow for civilian aircraft
of all sizes, not just large aircraft, and includes the use of both runways. Mr. Hugg further explained
that the agreement recognizes the opportunity for important economic development for the City of
Dover, including aircraft maintenance and repair and possible logistical operations.
Mayor Christiansen stated that the city has been in contact with major air carriers who have
outgrown their hubs in other cities like Baltimore, Washington, Philadelphia, and Liberty, New
Jersey. He emphasized that a captive audience retires with certain skills in fixing airplanes and
unloading them. The goal is to keep them in Dover to be part of the community, helping improve
the schools and making Dover a better place to live. Mayor Christiansen explained that with the
expanded joint-use agreement, the goal is to create job opportunities in cooperation with the
Capital School District, Polytech High School, and Delaware Technical Community College for
young people in the community interested in pursuing careers in aircraft maintenance, loading,
and unloading. He further explained that it would provide the city with the opportunity to create
additional warehouses.
Mr. Boggerty stated that as a veteran, he has seen firsthand how the proposed expansion can benefit
the city just like it has in Charleston, South Carolina. He explained that in Charleston, when
someone lands, half of the base is military and the other half is civilian, which has created well-
paying jobs. He stated that many of the people he was previously stationed with left because there
were no jobs available in their career fields after leaving the military. Mr. Boggerty emphasized
that another challenge will be updating the infrastructure and housing accommodations, but he is
excited to see the city grow.
Dr. Pillsbury stated that Eglin Air Force Base has grown the civilian component of the airport
dramatically in the last 40 years and she would like to see private flights out of Dover. She
explained that to the best of her knowledge, Dover is the only Air Force base without a commercial
airport, or the only state capital without a city airport. She emphasized that the changes would be
a great service to the people in the area.
Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 6:28 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting,
hearing no objection the meeting adjourned at 6:29 p.m.
David L. Anderson
Council President
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Item #6.
Page 155
Página 156
Item #6.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2023 - JUNE 30, 2024
100-10-12-99-000-53037
Current
Balance- $ 5,450.00
BUDGETED COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER.
$ 25,000.00
AMOUNT THE PURPOSE OF THE FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
FINAL BUDGET TOTAL $ 25,000.00
COUNCIL TOTAL
DATE VENDOR DESCRIPTION P.O. #/INVOICE # YEAR TO DATE BALANCE
SPONSOR CHARGES
Councilman Anderson authorized the designation of $500.00 of his
Women and Children Email from David Anderson dated 05/24/2023 and
community enhancement funds to the Women and Children
7/10/2023 Anderson Transformation Ministry Email & Letter from William Snorton, Jr. received $500.00 $500.00 $24,500.00
Transformation Ministry International, Inc. for their Boys to Men
International, Inc. 05/23/2023
Development Program for Gas cards.
Councilman Anderson authorized the designation of $300.00 of his
Email from David Anderson dated 07/12/2023 and
7/12/2023 Anderson The 302 Movement community enhancement funds to The 302 Movement for the backpack $300.00 $800.00 $24,200.00
email from Tracey Weems dated 07/11/2023
program.
Councilman Boggerty authorized the designation of $200.00 of his Email from Andre Boggerty dated 07/17/2023 and
7/17/2023 Boggerty I Am Me, Inc. $200.00 $1,000.00 $24,000.00
community enhancement funds to I Am Me, Inc. for their ME Festival. email from Peirrce McCoy dated 07/17/2023
Council President Hare authorized the designation of $200.00 of his Email from Bill Hare dated 07/17/2023 and email
7/17/2023 Hare I Am Me, Inc. $200.00 $1,200.00 $23,800.00
community enhancement funds to I Am Me, Inc. for their ME Festival. from Peirrce McCoy dated 07/17/2023
Councilman Lewis authorized the designation of $300.00 of his Email from Brian Lewis dated 07/25/2023 and email
7/25/2023 Lewis I Am Me, Inc. $300.00 $1,500.00 $23,500.00
community enhancement funds to I Am Me, Inc. for their ME Festival. from Peirrce McCoy dated 07/17/2023
Councilman Anderson authorized the designation of $200.00 of his Email from David Anderson dated 07/25/2023 and
7/25/2023 Anderson United Way $200.00 $1,700.00 $23,300.00
community enhancement funds to United Way for their "Book Bash." email from Kenyatta Livingston dated 07/25/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 07/25/2023 and
7/25/2023 Pillsbury United Way $250.00 $1,950.00 $23,050.00
community enhancement funds to United Way for their "Book Bash" email from Kenyatta Livingston dated 07/25/2023
Councilman Neil authorized the designation of $100.00 of his community Email from Fred Neil dated 07/25/2023 and email
7/25/2023 Neil United Way $100.00 $2,050.00 $22,950.00
enhancement funds to United Way for their "Book Bash" from Kenyatta Livingston dated 07/25/2023
Councilman Boggerty authorized the designation of $1,000.00 of his
The Inner City Cultural Email from Andre Boggerty dated 07/31/2023 and
7/31/2023 Boggerty community enhancement funds to The Inner City Cultural League for the $1,000.00 $3,050.00 $21,950.00
League email from Reuben Salters dated 07/25/2023
reasons stated in the email.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated 08/04/2023 and
8/4/2023 Anderson Yeshua Lighthouse community enhancement funds to The Yeshua Lighthouse for bookbags Email & Letter from Liana Pritchett received $250.00 $3,300.00 $21,700.00
for their community day 08/01/2023
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/07/2023 and
8/7/2023 Rocha United Way $200.00 $3,500.00 $21,500.00
community enhancement funds to United Way for their "Book Bash" email from Kenyatta Livingston dated 07/25/2023
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 08/12/2023 and email
8/14/2023 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $3,600.00 $21,400.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
(HOLA) for their Baila Con Dover Festival.
Councilperson Arndt authorized the designation of $200.00 of her
Hispanic Organization of Email from Tricia Arndt dated 08/14/2023 and email
8/14/2023 Arndt community enhancement funds to the Hispanic Organization of Latin $200.00 $3,800.00 $21,200.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Anderson authorized the designation of $250.00 of his Email from David Anderson dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Anderson community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $4,050.00 $20,950.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 08/14/2023 and
Hispanic Organization of
8/14/2023 Boggerty community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $4,300.00 $20,700.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Lewis authorized the designation of $300.00 of his
Hispanic Organization of Email from Brian Lewis dated 08/14/2023 and email
8/14/2023 Lewis community enhancement funds to the Hispanic Organization of Latin $300.00 $4,600.00 $20,400.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 08/11/2023
Americans (HOLA) for their Baila Con Dover Festival.
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Item #6.
Councilman Rocha authorized the designation of $200.00 of his Email from Gerald Rocha dated 08/18/2023 and
Hispanic Organization of
8/18/2023 Rocha community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $200.00 $4,800.00 $20,200.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated and Letter from Dr.
8/18/2023 Lewis DEMCO $150.00 $4,950.00 $20,050.00
community enhancement funds to DEMCO for their Book Bag giveaway. Linda Hackett dated 08/17/2023
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 08/21/2023 and
Hispanic Organization of
8/21/2023 Pillsbury community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $5,200.00 $19,800.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 08/11/2023
Interdenomonational Councilman Boggerty authorized the designation of $300.00 of his Email from Andre Boggerty dated 08/25/2023 and
8/28/2023 Boggerty Ministerial Alliance of Dover community enhancement funds to the Annual Community Unity Family email from Bishop W. James Thomas, II dated $300.00 $5,500.00 $19,500.00
and Visinity (IMA) Day 08/22/2023
Councilman Boggerty authorized the designation of $1,000.00 of his
Email from Andre Boggerty dated 10/2/2023 and a
10/2/2023 Boggerty Parks & Recreation community enhancement funds to the Parks and Recreation Department $1,000.00 $6,500.00 $18,500.00
memo from Robin Eaton dated 09/26/2023
for the 50 Years of Hip Hop Event.
Councilman Rocha authorized the designation of $500.00 of his
Email from Gerald Rocha, Sr. dated 10/2/2023 and
10/2/2023 Rocha Parks & Recreation community enhancement funds to the Parks and Recreation Department $500.00 $7,000.00 $18,000.00
a memo from Robin Eaton dated 09/26/2023
for the 50 Years of Hip Hop Event.
Email from Julia Pillsbury dated 10/05/23 and an
Councilwoman Pillsbury authorized the designation of $250.00 of her
10/5/2023 Pillsbury Dover Police Department email from CPL Killen, City of Dover PD, dated $250.00 $7,250.00 $17,750.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Council President Hare authorized the designation of $600.00 of his Email from Bill Hare dated 10/05/23 and an email
10/5/2023 Hare Dover Police Department $600.00 $7,850.00 $17,150.00
community enhancement funds to the Hometown Holiday Event from CPL Killen, City of Dover PD, dated 10/05/23
Email from David Anderson dated 10/06/23 and an
Councilman Anderson authorized the designation of $550.00 of his
10/6/2023 Anderson Dover Police Department email from CPL Killen, City of Dover PD, dated $550.00 $8,400.00 $16,600.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Email from Andre Boggerty dated 10/14/23 and an
Councilman Boggerty authorized the designation of $200.00 of his
10/16/2023 Boggerty Dover Police Department email from CPL Killen, City of Dover PD, dated $200.00 $8,600.00 $16,400.00
community enhancement funds to the Hometown Holiday Event
10/05/23
Councilman Neil authorized the designation of $500.00 of his community Email from Fred Neil dated 11/06/23 and an email
11/6/2023 Neil Dover Police Department $500.00 $9,100.00 $15,900.00
enhancement funds to the Hometown Holiday Event from CPL Killen, City of Dover PD, dated 10/05/23
Councilman Lewis authorized the designation of $150.00 of his Email from Brian Lewis dated 11/14/23 and a flyer
11/14/2023 Lewis Tracy Palmer Ministries $150.00 $9,250.00 $15,750.00
community enhancement funds to the Community Thanksgiving Dinner from the Tracy Palmer Ministries
Councilman Rocha authorized the designation of $200.00 of of his Email from Gerald Rocha, Sr. dated 11/27/2023
11/27/2023 Rocha United Way of Delaware community enhancement fund to United Way of Delaware Wonderland and email from Kenyatta Livingston dated $200.00 $9,450.00 $15,550.00
Coat and Toy Drive 11/27/2023
Councilman Anderson authorized the designation of $100.00 of of his
Email from David Anderson dated 11/27/2023 and
11/27/2023 Anderson United Way of Delaware community enhancement fund to United Way of Delaware Wonderland $100.00 $9,550.00 $15,450.00
email from Kenyatta Livingston dated 11/27/2023
Coat and Toy Drive
Central Delaware Habitat for Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and email
12/13/2023 Arndt $250.00 $9,800.00 $15,200.00
Humanity community enhancement fund to Central Delaware Habitat for Humanity from Timothy M. Bailey dated 12/12/2023
Councilwoman Arndt authorized the designation of $250.00 of her Email from Tricia Arndt dated 12/13/2023 and letter
12/13/2023 Arndt People's Place $250.00 $10,050.00 $14,950.00
community enhancement fund to People's Place from Mamie Charest dated 12/11/2023
I Am My Sisters Keeper Councilman Boggerty authorized the designation of $750.00 of his Email from Andre Boggerty dated 01/11/2024 and
1/11/2024 Boggerty $750.00 $10,800.00 $14,200.00
(MSK) community enhancement funds to I Am My Sister's Keeper (MSK-Dover) an email from Marcille "Dee" Sewell, dated 1/11/24
Councilman Lewis authorized the designation of $200.00 of his
Email from Brian Lewis dated 02/14/24 and flyers
2/14/2024 Lewis Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the $200.00 $11,000.00 $14,000.00
from the Tracy Palmer Ministries
Elizabeth W. Murphey School
Councilman Rocha authorized the designation of $300.00 of his Email from Gerald Rocha, Sr. dated 02/21/24 and a
2/21/2024 Rocha Tracy Palmer Ministries community enhancement funds to the Easter Eggstravaganza at the letter from the Tracy Palmer Ministries dated $300.00 $11,300.00 $13,700.00
Elizabeth W. Murphey School 02/18/24
Council President Hare authorized the designation of $250.00 of his Email from Bill Hare dated 02/24/24 and an email &
2/26/2024 Hare Zeta Rho Lambda $250.00 $11,550.00 $13,450.00
community enhancement funds to the Zeta Rho Lambda Chapter 5K letter from Dana T Shelton, dated 02/13/24
Councilman Anderson authorized the designation of $350.00 of his
The Inner City Cultural Email from David Anderson dated 02/28/24 and
2/29/2024 Anderson community enhancement funds to The Inner City Cultural League for the $350.00 $11,900.00 $13,100.00
League letter/email from Kathrina Stroud dated 02/27/24
reasons stated in the email.
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 04/01/24 and email from
4/1/2024 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $12,000.00 $13,000.00
Latin Americans (HOLA) Anthony (Tony) Velazquez dated 03/29/24
(HOLA) for their Baila Con Dover Festival.
Councilman Boggerty authorized the designation of $250.00 of his Email from Andre Boggerty dated 04/01/24 and
Hispanic Organization of
4/1/2024 Boggerty community enhancement funds to the Hispanic Organization of Latin email from Anthony (Tony) Velazquez dated $250.00 $12,250.00 $12,750.00
Latin Americans (HOLA)
Americans (HOLA) for their Baila Con Dover Festival. 03/29/24
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Item #6.
Email from Gerald Rocha, Sr. dated 04/19/24 and a
Councilman Rocha authorized the designation of $300.00 of his
4/19/2024 Rocha Tracy Palmer Ministries letter from the Tracy Palmer Ministries dated $300.00 $12,550.00 $12,450.00
community enhancement funds to the Tracy Palmer Ministries.
04/19/24
Councilman Lewis authorized the designation of $500.00 of his
Hispanic Organization of Email from Brian Lewis dated 04/23/24 and an email
4/23/2024 Lewis community enhancement funds to the Hispanic Organization of Latin $500.00 $13,050.00 $11,950.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 03/29/24
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Lewis authorized the designation of $300.00 of his
Email from Brian Lewis dated 04/23/2024 and letter
4/23/2024 Lewis Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $300.00 $13,350.00 $11,650.00
from Elizabeth Daniels dated 04/23/2024.
Celebration
Councilman Boggerty authorized the designation of $250.00 of his
Email from Andre Boggerty dated 04/23/2024 and
4/23/2024 Boggerty Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $250.00 $13,600.00 $11,400.00
letter from Elizabeth Daniels dated 04/23/2024.
Celebration
Email from Andre Boggerty dated 04/23/24 and a
Councilman Boggerty authorized the designation of $200.00 of his
4/23/2024 Boggerty Tracy Palmer Ministries letter from the Tracy Palmer Ministries dated $200.00 $13,800.00 $11,200.00
community enhancement funds to the Tracy Palmer Ministries.
04/19/24
Councilman Neil authorized the designation of $50.00 of his community Email from Fred Neil dated 04/23/2024 and letter
4/23/2024 Neil Elizabeth Daniels $50.00 $13,850.00 $11,150.00
enhancement fund to Elizabeth Daniels for the Juneteenth Celebration from Elizabeth Daniels dated 04/23/2024.
Councilman President Hare authorized the designation of $300.00 of his
Email from Bill Hare dated 05/06/2024 and letter
5/6/2024 Hare Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $300.00 $14,150.00 $10,850.00
from Elizabeth Daniels dated 04/22/2024.
Celebration
Councilman President Hare authorized the designation of $300.00 of his
Hispanic Organization of Email from Bill Hare dated 04/23/24 and an email
5/6/2024 Hare community enhancement funds to the Hispanic Organization of Latin $300.00 $14,450.00 $10,550.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 03/29/24
Americans (HOLA) for their Baila Con Dover Festival.
Councilman Rocha authorized the designation of $400.00 of his
Email from Gerald Rocha dated 05/23/2024 and
5/24/2024 Rocha Elizabeth Daniels community enhancement fund to Elizabeth Daniels for the Juneteenth $400.00 $14,850.00 $10,150.00
letter from Elizabeth Daniels dated 04/22/2024.
Celebration.
Councilman Lewis authorized the designation of $600.00 of his Email from Brian Lewis dated 06/14/24 and a letter
6/14/2024 Lewis Tracy Palmer Ministries $600.00 $15,450.00 $9,550.00
community enhancement funds to the Tracy Palmer Ministries. from the Tracy Palmer Ministries dated 06/13/24
Councilwoman Pillsbury authorized the designation of $ 1,000.00 of her Email from Julia Pillsbury Dated 6/17/24 and Letter
6/17/2024 Pillsbury Dover Fire Department $1,000.00 $16,450.00 $8,550.00
community enhancement funds to the Dover Fire Department from Chief Carey received 06/17/2023
Dover Police Athletic League Councilwoman Pillsbury authorized the designation of $500.00 of her Email from Julia Pillsbury Dated 6/17/24 and Letter
6/17/2024 Pillsbury $500.00 $16,950.00 $8,050.00
(PAL) community enhancement funds to the 2024 Youth Police Academy from Corporal Anthony Smith received 06/17/2023
Councilman Rocha authorized the designation of $400.00 of his Email from Gerald Rocha dated 06/17/2024 and
6/18/2024 Rocha Inner City Cultural League $400.00 $17,350.00 $7,650.00
community enhancement funds to the Sankofa African Dance Summer letter from Reuben Salters received 06/17/2024
Councilwoman Pillsbury authorized the designation of $250.00 of her Email from Julia Pillsbury dated 06/17/2024 and an
6/18/2024 Pillsbury Inner City Cultural League $250.00 $17,600.00 $7,400.00
community enhancement funds to the African American Festival email/letter from Katrina Stroud dated 06/17/24
Councilman Hare authorized the designation of $350.00 of his community Email from Bill Hare dated 06/17/2024 and an
6/18/2024 Hare Inner City Cultural League $350.00 $17,950.00 $7,050.00
enhancement funds to the African American Festival email/letter from Katrina Stroud dated 06/17/24
Councilman Hare authorized the designation of $500.00 of his community Email from Bill Hare dated 6/18/24 and Letter from
6/18/2024 Hare Dover Fire Department $500.00 $18,450.00 $6,550.00
enhancement funds to the Dover Fire Department Chief Carey received 06/17/2023
Councilman Neil authorized the designation of $150.00 of his community Email from Julia Pillsbury dated 06/17/2024 and an
6/20/2024 Neil Inner City Cultural League $150.00 $18,600.00 $6,400.00
enhancement funds to the African American Festival email/letter from Katrina Stroud dated 06/17/24
Councilman Neil authorized the designation of $100.00 of his community
Hispanic Organization of Email from Fred Neil dated 06/18/24 and email from
6/20/2024 Neil enhancement funds to the Hispanic Organization of Latin Americans $100.00 $18,700.00 $6,300.00
Latin Americans (HOLA) Anthony (Tony) Velazquez dated 03/29/24
(HOLA) for their Baila Con Dover Festival.
Email from Andre Boggerty dated 06/21/2024 and
Councilman Boggerty authorized the designation of $600.00 of his
6/21/2024 Boggerty Psi Iota Hope Foundation Email & Letter from Gregg Bunkley dated $600.00 $19,300.00 $5,700.00
community enhancement funds to the Psi Iota Hope Foundation
06/20/2024
Councilwoman Arndt authorized the designation of $250.00 of her
Hispanic Organization of Email from Tricia Arndt dated 06/25/24 and email
6/25/2024 Arndt community enhancement funds to the Hispanic Organization of Latin $250.00 $19,550.00 $5,450.00
Latin Americans (HOLA) from Anthony (Tony) Velazquez dated 06/25/24
Americans (HOLA) for their Baila Con Dover Festival.
TOTALS $19,550.00 $5,450.00
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Item #6.
Budgeted
District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Boggerty $5,000.00 $0.00
$2,500.00 1st District Pillsbury $2,500.00 $0.00
$2,500.00 1st District Rocha $2,500.00 $0.00
$2,500.00 2nd District Hare $2,500.00 $0.00
$2,500.00 2nd District Lewis $2,500.00 $0.00
$2,500.00 3rd District Arndt $950.00 $1,550.00
$2,500.00 3rd District Neil $1,100.00 $1,400.00
$2,500.00 4th District Anderson $2,500.00 $0.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $19,550.00 $5,450.00
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Item #7.
CITY MANAGER’S
MONTHLY REPORT
May 2024
Page 160
1
Página 161
Item #7.
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Page
Page 161
2
Página 162
Item #7.
Page 162
3
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Item #7.
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4
Página 164
Item #7.
CENTRAL SERVICES MONTHLY REPORT
May 2024
PROCUREMENT & INVENTORY DIVISION
Purchase Orders for Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $2,968,767.42 51.7%
Water $142,208.98 70.1%
Wastewater $769.13 100.0%
General $122,919.73 31.4%
Total $3,234,665.26 51.8%
Issues from Stock by Fund
FY 2024 to Date Difference from FY 2023
Electric $1,897,310.04 12.3%
Water $95,995.60 38.8%
Wastewater $0.00 N/A
General $121,881.70 -4.7%
Total $2,115,187.34 12.5%
Bids/RFPs Solicited
FY 2024 to Date Difference from FY 2023
38 55.3%
Money Spent for Postal Services
FY 2024 to Date FY 2023 to Date
$158,743.66 $157,152.82
Fuel Usage
Type FY 2024 to Date FY 2023 to Date
Unleaded 138,193 130,515
Diesel 70,703 71,303
Dollars Spent $573,791.59 $648,474.91
Page 164
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Item #7.
Warehouse Stock Value
FY 2024 FY 2023
$4,079,692.02 $3,085,472.80
Purchase Orders for Stock are up 51.8% compared to this time last year.
Issues from Stock are up 12.5% compared to this time last year.
Bids/RFP's are up 55.3% compared to this time last year.
Postal Expenses are up 1.0% compared to this time last year.
Fuel Costs are down 13.0% compared to this time last year.
Overall warehouse value is up 24.4% compared to this time last year.
FLEET DIVISION
PM Work Orders Scheduled: PM Work Orders Total Work Orders PM &
28 Completed: 56 Repair: 97
Total Hours Turned: Excess Hours Turned: Time Unaccounted For:
301 0 49.9
MEASURE May 2024 May 2023
Completed PM's 56 53
DIFFERENCE 5.66%
There were 28 PM's scheduled for this month. A total of 56 PM's were completed along with 41
repair work orders. There were a total of 97 work orders completed.
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Item #7.
FACILITIES DIVISION
Routine Work Orders Emergency Work Orders
Completed: 69 Completed: 5
City-owned Facility Work Events & Support Work
Orders: 65 Orders: 9
MEASURE May 2024 May 2023
Completed Work Orders 74 71
DIFFERENCE 4.23%
There were 74 routine and emergency Work Orders completed during this month. The work
orders consisted of 65 for maintenance and repair of City-owned facilities and 9 related to events
and other support work.
Central Services Narrative
The Warehousing & Procurement office continues to see inflated costs and excessive lead times.
An inventory audit was performed where we were found to be at 97.8% accuracy!
Facilities staff has been busy with routine work orders. We are currently short staffed due to a
transfer and a retirement.
Fleet is operating as normal at this time. Fleet currently has 1 vacancy.
Page 166
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Item #7.
CENTRAL SERVICES PROJECT UPDATE
May 2024
FY/PROJECT NUMBER DEPARTMENT STATUS
CENTRAL SERVICES
FC2303 COMPLETE!
CITY HALL WINDOWS
3rd and 2nd floor complete.
ELECTRIC Abatement on 1st floor
EA2204
WEYANDT HALL HVAC complete and beginning 1st
floor install.
CENTRAL SERVICES
FC2402 COMPLETE!
CITY HALL EXTERIOR PAINT
CENTRAL SERVICES
CS2405 COMPLETE!
WASH BAY ROOF & DOORS
WATER WASTE WATER WTP
WD2409 Construction is underway.
RENOVATIONS
Page 167
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Item #7.
Recap of monthly activities / notations –
As of May 31, 2024 the City of Dover served 24,991 electric utility customers and 13,184 water utility customers as
compared to 2023, which represents 24,924 and 13,114 respectively. These figures were tabulated from the
monthy utility bill summary report which tracks billing across all utility bill rate classifications.
2,810 phone calls were answered in the month of May by 5 staff members of customer service. Customer Service
is still opeating two employees short. Ms. Morris is training with Ms. Ridgeway who is set to retire July 26, 2024
with 17 years of service.
The metering department is going from a five person on call rotation to a three person rotation starting July 1.
Employees are concerend about the amount of time they will be on on call. Our metering supervisor injured his
shoulder in May and is restricted to desk work.
Receivable Comparison FY 2023 to Utility Disconnections for May 2024
FY2024 to date (May 2024) Compared to
386 accounts were disconnected for non-payment of service.
the same time last year the City had
open receivables of $6,181,322.00 vs Total receivable collected through the disconnection process $200,733.47
$7,981,630.15. Ending Utility Receivable Due - $5,700,374.73
Customer Service Department Mission
Continually provide quality public service to our diverse group of customers with
professionalism, respect, & integrity. ~ City of Dover Customer Service Department
Page 168
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Item #7.
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of May 2023/2024 the Month of May 2023/2024
35 30 32 $200
24 $130
Thousand
30 20 16 $110
25
20 12 $100 $47
s
15 $3
10 1 3 $24 $0$10 $1
5 0 1 2023 2023
0 $0
2024 2024
First Time Buyer for the Month May 2023/2024 Realty
of May 2023/2024 Property Sales in Dollars
Received Prior to Recording
40 32
30 $9 $8
$10 $6
30 24 $8
Millions
Res. Non-First $6 $3
20 Time Buyers $4 $0 $1 $0 $0 2023
12 $2
$0
Res. First Time 2024
10
Buyers
0
2023 2024
Major Updates
March April May
Assessment Change $5,666,900 $0 $0
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
39 $6,354,700 $10,288,400 0.62 1.02
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
Page 169
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Item #7.
Tax Office
Wild Meadows / Persimmon Park Place Home Sales for May 2024:
Property Address Assessed Value Sales Price
600 Audrey Dr $60,500 $135,000
Page 170
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Item #7.
For the month of May 2024, the Electric Department contributed to the quality of life for all our customers.
The city experienced a system peak of 117.4 megawatts, an increase of 5.1 megawatts from last month
and a 14.8 megawatt increase from the same month last year.
There was a total of 7 outages for the month affecting a total of 1,799 customers with an average outage
time of 67.7 minutes.
Project Updates:
The department completed all work in Towne Point for the overhead to underground conversion in the
area. Demolition of the overhead infrastructure will now begin, and serviceable material will be retained
for other uses.
Work continues on the new developments in Verona Woods, Rojan Meadows, Eden Hills and other new
services. Pole testing has progressed with approximately 3,700 poles tested with a 9% fail rate, or 335 bad
poles identified. Roadway LED lights continue to be replaced with approximately 1,000 having been
upgraded which is roughly 50%
The Garrison Oak Substation construction continues to progress. All concrete work is complete, fence
work has begun and the transformer has been positioned on the pad. Bids were received and evaluated
for manufacturing and construction of the steel to support the overhead lines and protection equipment.
The delivery of the switchgear building has been delayed from July 2024 to May 2025.
Work at McKee Generation Station is progressing well. Both stacks have been felled and asbestos
abatement has been completed.
Van Sant was called on for dispatch once for 3 hours in May.
FY 24 YTD Outages and Response Time:
Total – 82 Average Response Time – 31.05 (Goal – Less than 30 minutes)
Statistics: 3-year average: FY Average:
Average Interruption
Duration Index (SAIDI) 166.78 minutes 61.31 minutes
Goal – Not to exceed 100 mins
System Average Interruption
Frequency Index (SAIFI) 1.7 per cust .64 per cust
Goal – Not to exceed 1 per customer
Customer Average Interruption
Duration Index (CAIDI) 97.84 minutes 95.39 minutes
Lost Time Accidents – Workorders Generated –
Current Month – 0 Total FY – 0 Current Month – 169 Total FY – 1,907
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Item #7.
FY24
Historical Peak Load
180
160
140
120
100 2022
Megawatts
80 2023
2024
60
40
20
0
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
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Item #7.
May 2024
City of Dover Human Resources Mission Statement:
The City of Dover’s Human Resources Department strives to provide quality service to assist
our greatest asset, our employees. Equity, Integrity, and Urgency is our focus to ensure
employee satisfaction as well as company wellness. We implement policies and procedures that
align with organizational goals, including a safe and compliant workplace, effective training
and professional development, and addressing both the needs of employees and the
organization.
City of Dover Human Resources Value Statement:
Innovation: We strive to include best HR practices to enhance a robust technological movement
to enhance the quality and efficiency of the department.
Collaboration: We honor knowledge sharing, diversity of thoughts and ideas, and experiences to
encourage an inclusive workforce.
Integrity and Transparency: We honor our commitments and promote a healthy environment that
promotes fairness, honesty, respect, and trust.
Results Driven: Customer service is front and center, and we advocate for employees' and
retirees’ needs at all times.
MAY SUMMARY:
May’s Hiring Trends FY24: The month of May shows a decrease in the hiring rate to include 3
new hires. The positions hired include 3 full-time positions.
May’s Voluntary Termination/Involuntary Termination Trends FY24: In the month of
May, there were 2 voluntary and 0 involuntary terminations.
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Item #7.
MAY’S EEO DATA
EEO Data
2% 1%
3% 3%
15%
76%
AMERICAN INDIAN ASIAN BLACK CAUCASIAN HISPANIC OTHER RACE
AMERICAN INDIAN 3%
ASIAN 1%
AFRICAN AMERICAN 15%
CAUCASIAN 76%
HISPANIC 2%
OTHER RACE 3%
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Item #7.
MAY’S EEO DEMOGRAPHICS
EEOC DEMOGRAPHICS
MINORITY 93
CAUCASIAN 299
0 50 100 150 200 250 300 350
CAUCASIAN 299
MINORITY 93
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Item #7.
MAY’S GENDER REPORT
Gender Report
FEMALE MALE NONBINARY
0%
27%
73%
MALES 73%
FEMALE 27%
NON-BINARY 0%
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Item #7.
FULL-TIME VS. PART-TIME EE’S
FULL TIME VS PART TIME
450
387 388 387 394 392
400 365 365
356 358 362
350
300
250
200
150
100
50 31 30 25 29 27
0
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME PART TIME TOTAL EE'S
Numbers do not reflect temporary, seasonal, relief fire dispatchers, committees, or council members.
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL- TIME 356 358 362 365 365
PART-TIME 31 30 25 29 27
TOTAL EE'S 387 388 387 394 392
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Item #7.
MAY’S INTERNAL EE AGE DEMOGRAPHICS
AGE DEMOGRAPHICS
18-24 7%
25-34 26%
35-44 21%
45-54 23%
55-64 18%
65+ 5%
0% 5% 10% 15% 20% 25% 30%
AGE PERCENTAGE
18-24 7%
25-34 26%
35-44 21%
45-54 23%
55-64 18%
65 + 5%
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Item #7.
HIRING DETAILS
Position Hired: 1 FT POLICE PATROLMAN, 1 CODE ENFORCEMENT OFFICER, 1
ENVIRONMENTAL SCIENTIST
Transferred/Promoted: 0
Position Terminated/Resigned/Retired/Other: 0
Terminal Leave: N/A
MAY’S VACANT POSITIONS
*Not used for Budgeting Purposes
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Item #7.
TURNOVER STATISTICS
Monthly
Number of Average Quarterly Annual
Turnover
Month Separated Number of Turnover Turnover
Rates
Employees Employees Rates Rate
(Percentage)
January 0 387 0.0%
February 1 388 0.3%
March 4 387 1.0% 1.3%
April 4 394 1.0%
May 2 392 0.5%
June 0 1 0.0% 1.5%
July 0 1 0.0%
August 0 1 0.0%
September 0 1 0.0% 0.0%
October 0 1 0.0%
November 0 1 0.0%
December 0 1 0.0% 0.0% 2.8%
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Item #7.
Monthly Turnover Rates (Percentage)
1.2%
1.0% 1.0%
1.0%
0.8%
0.6%
0.5%
0.4%
0.3%
0.2%
0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
0.0%
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Item #7.
Quarterly and Annual Turnover Rates
3.0%
Annual, 2.8%
2.5%
2.0%
Q2, 1.5%
1.5%
Q1, 1.3%
1.0%
0.5%
Q3, 0.0% Q4, 0.0%
0.0%
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Item #7.
MAY’S WORKER’S COMPENSATION DATA
MONTH Apr-24 May-24
WORKERS COMP INJURY DETAIL 16 5
WORKERS COMP COST MAY 2024
Total 16119.64
Powerplant 321.85
Stormwater 512.71
Sanitation 60
Police 13573.56
Grounds 1651.52
0 2000 4000 6000 8000 10000 12000 14000 16000 18000
Respectfully Submitted by H. Naomi Poole
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Página 186
Item #7.
Information Technology Department
May 2024 Report
Larry Josefowski, Director
Network Security: The grant program continues to be on hold, due to some regulatory issues between DEMA
and FEMA. This has prevented us from acquiring a network managing software for good, but our vendor has
been gracious to allow us to continue to test, but we likely will lose our access to this valuable tool if this
impasse continues. We are promised it will be resolved during the month of June, which may not be soon
enough to lose access to the tool.
We also got word we were approved for another grant to improve the security and visibility of our server room.
We anticipate this being completed in the July/August timeframe, due to scheduling.
Finally, we retired a few more obsolete pieces of equipment and installed new infrastructure devices.
System Improvements: IT put in service one of our new host servers, which should allow us to better manage
and provide more capacity for our server environment. We also did some work on some of our structure and
policies of our servers and users, as well as migrated and upgraded some of our patching capabilities. We have
begun to deploy Windows 11 as the default Operating System and in places like kiosks and classrooms, when
available.
We also worked with Parks and Recreation for networking of the future Dover Park building.
System Disruptions: The HVAC replacement at Reed Street provided several opportunities to test IT. Shutting
down power the weekend of the 10th required all servers to be shut down, but we managed to keep power to
the switches and other infrastructure that maintained phone service and used the time to do some reorganizing
of the equipment.
Tyler Enterprise ERP: Upgrades are on hold due to budget season, but a major upgrade will be done in early July.
Discussions continue regarding the future of the City’s ERP posture, with contract information sent to the City
Solicitor.
Metrics:
% of Network Infrastructure Under Support: This measures the number of key devices that are covered by
support. Of all the metrics, this one approaching 100% is something to celebrate, as it was at 0% only 3 years
ago, but due to budget support, we are much safer today. We’ve replaced devices that were 15, and in one case,
20 years out of date. By the time this report is published, the number should be 100%.
Phishing Failure Rate: We will be going to a monthly phishing test, and adding additional training for those who
click on emails. This tool provides several other security features that we will continue to explore.
System Security Scores: We are seeing a slight uptick in these metrics that are a measure of how much we
follow Microsoft’s definitions of “best practices” – which often means using more Microsoft products. We
continue to carefully review items that are indicated and measure the impact and implement as needed. These
generally are not significant or highly important changes, but they provide a tool for continuous improvement.
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Item #7.
Number of Incidents: This is the highest number of incidents in several years. While it continues to trend
upward, which I believe reflects better documentation of the requests that come in. However, a few of the
things this month, such as shutting down the entire network, certainly added a few incidents above the norm.
100.00%
Network Infrastructure Phishing Failure Rate
Under Support (Goal to be under 10%)
95.00%
90.00% 7.00%
85.00% 6.00%
80.00% 5.00%
75.00% 4.00%
70.00% 3.00%
65.00% 2.00%
60.00%
1.00%
55.00%
0.00%
50.00% July
January February
May May
October
June
November
August March
April
September December
# of Tickets/Incidents System Security Scores
150 90%
140 85%
130 80%
120 75%
110 70%
100 65%
90 60%
80 55%
70 50%
60
50
Microsoft Compliance Score Microsoft Security Store
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Página 188
Reference Transactions
May 2024 Item #7.
Adults 768
Teens 70
Children 221
0 250 500 750 1000 1250 1500 1750 2000
Circulation May '24 FYTD '24 May '23 FYTD '23
City of Dover Residents 10,551 114,040 9,543 112,127
Electronic Materials 6,100 58,745 4,668 48,384
Kent County Residents 9,650 107,205 7,738 80,533
Non-County Residents 1,445 14,856 1,087 13,035
New Library Registrations
City of Dover Residents 238 2,541 192 2,550
Kent County Residents 97 1,444 113 1,234
Non-County Residents 4 70 1 53
Registered Library Users as of 05/01/2024 Registered Library Users as of 05/31/2023
City of Dover Residents 19,356 17,103
Kent County Residents 8,669 6,982
Non-County Residents 682 610
TOTAL 28,707 24,695
Other
Visitors 14,186 158,834 20,531 159,161
Meeting Room Attendance 2,541 30,270 4,438 24,586
Number of Computer Users 1,860 19,034 1,626 17,304
Number of Wireless Computer Users 1,478 17,053 1,510 16,317
Inter/Intralibrary - Loaned 53 39
Inter/Intralibrary - Borrowed 73 108
Holds Sent 2,727 2,642
Holds Received 1,740 1,984
TOTAL 4,593 52,003 4,773 53,871
Tech Services/Items Added 1,265 1,623
Tech Services/Items Deleted 1,321 940
Passport Services/Customers 314 2,859 258 2,875
Passport Services/Revenue $12,409 $114,082 $9,952 $116,285
Monthly Highlights
►491 attended 56 programs for adults.
►237 attended 12 program for teens.
►1,069 attended 38 programs for children.
► 0 volunteers.
Program Spotlight
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Página 189
Item #7.
Parks & Recreation
Monthly Report - May 2024
Parks & RecreaƟon Highlights
Five Park Projects Update
Dover Park Building and Spray Pad delays have been noted. Staff is following this project and have met with
Kent Contrac ng and Whitman Requardt & Associates to keep the project moving forward.
All Accessible Playground staff con nues to follow this project. Onsite mee ngs have taken place regarding
site prep and installa on.
Skate Park in progress as noted in the FY25 CIP list. Nothing new to report at this me.
Adult Volleyball League hosted 10 teams for the spring session. Stayed tuned, playoffs in June!
Healthy Kids Running Series partnered with us again on Sunday a ernoons in May. The program con nues to grow and we
happy to work with them again this season.
Dover Park so ball field was the home for a House of Refuge Church Memorial Day so ball tournament with 10 teams. They
sent a very kind thank you note to our staff no ng how nice the park area and so ball field area for their event.
Spring & Summer Performing Arts on The Green is returning for it’s 48th year! A special thanks goes to Bally’s of Dover for
their Gold Level Sponsorship and to Shore United Bank for their Friend Parks & Recrea on sponsorship. Mark your
calendars for Thursday Nights beginning June 6 at 7 pm for a night of free family entertainment!
Recreation Revenue Breakdown
Bike To Work Day
May 2024 May 2023
General Recrea on $2,021 General Recrea on $986
Camps $19,455 Camps $11,310
Leagues $4,610 Leagues $2,590
Sports $3,346 Sports $225
Park Permits/Bldg Rentals $450 Park Permits/Bldg. Rentals $1,150
Parks & RecreaƟon FYTD FYTD
May 24 May 23
Programs 24 23
General Recrea on 286 2,684 275 2,654
Open Gym 272 2,588 181 1,817
Sports 168 1,818 701 2,388
Leagues (Inside) 2,282 28,564 1,291 26,165
Bldg, Field, Facility permits 55 130 63 131
Camps 0 1,754 0 2,013
*Spring & Summer Concert Series ‐ Thursday evenings at 7pm ‐ The Green*
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Página 190
Item #7.
Grounds Monthly Report
May-24
Arborist Crew: Arborist Crew
- Alley trimming Tree Work Completed
- Street tree maintenance Tree's Trimmed 32
Tree's Removed 23
Beautification Crew: Root Pruning 3
- Assisted with alley trimming Stumps Removed 2
- Planted spring flowers Trees Planted 0
- Mulched perennial beds
Mowing Crew:
- Assisted with alley trimming
- Mowing routes are being completed on schedule
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule
- Litter person has been diligent in the reporting of destruction in City parks
- 393 Total 90 gallon cans collected
- Removed 11 Shopping Carts
Parks Crew:
- Completed parks route daily
- Set up Bocce ball at Pitts Center
- Graded parking lots at Schutte Park
- Lined fields for soccer season
- Prepped softball field weekly for games.
Miscellaneous:
- Spraying at Parks and City property
- Bush hogging at City property
- Installed new flag at Gateway
- Installed new rope and hardware for flag at Kings Hwy
- Installed sun shade at Schutte Park Ball field
- Assisted Code Enforcement with litter clean up on New St.
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Página 191
Item #7.
Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Removed
80
60
40
20
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Trimmed
250
200
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
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Item #7.
City Planner’s Monthly Report
Department of Planning & Inspections
MAY 2024
Planning & Inspections Highlights
Some Items to Call to Your Attention
As the month of May began, the typical springtime activities continued with the start of festivals and
outdoor events, enjoying the flowers and trees Downtown, and everyone hoping for the right peri-
ods of sunshine and rain for all these events and for construction activity.
The May construction pace continued to be high with Building Permits issued to sixteen (16) new
house starts and with $3.3 million in construction value for commercial permits. The number of In-
spections associated with construction activities for Building, Plumbing, and Mechanical Permits re-
mained steady with 351 inspections. By month’s end, Certificates of Occupancy were also issued to
nine (9) additional dwelling units completed in the City.
Department Revenue received continued to out pace the FY24 Budget estimates with increases in
the revenues from Building Permits and Fire Protection Permits. (See Revenue Report on next page).
The Code Enforcement Staff continued to conduct Annual Housing Inspections as part of the Rental
Dwelling Permit program with 76 completed in the month. There are currently close to 8,000 Rental
Dwelling Units within the City. Staffing in this area increased with the hire of a Code Enforcement
Inspector who started in May.
However, the main focus of Code Enforcement violations in May (thanks to earlier spring rains) were
the number of Tall Grass and Weeds violations at 154 cases. Code Enforcement Staff is utilizing the
Door Hangers to notify occupants of pending violations. Other Code Enforcement cases focused on
exterior property maintenance issues/violations and Dover Code of Ordinance violations. For the
month, there were over 789 inspections conducted.
For the Fire Marshal’s Office Staff, the number of fire investigations in May was thankfully lower at
only two incidents. The Fire Marshal’s Office was involved in inspections related to Special Events in
the Downtown area for the Dover Days Festival and the Delaware Pride Festival.
Welcome to
springtime
in Dover
to all residents
and visitors!
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Item #7.
Planning & Inspections Revenue
FY2024 Revenue
Estimates from FY2024 Actual
Revenue Stream Budget (YTD) May % of Budget
Business License $1,450,000 $ 1,438,035 99%
Manufactured Home License $16,000 $ 14,292 89%
Building Permits $450,000 $ 779,499 173%
Cert. of Occupancy $8,000 $ 10,005 125%
Public Occupancy $45,000 $ 46,615 104%
Lodging House $28,000 $ 29,351 105%
Plumbing/Heating/Air $105,000 $ 107,189 102%
Rental Inspection Fee $750,000 $ 728,383 97%
Miscellaneous $20,000 $ 22,233 111%
Fire Protection Fees $70,000 $ 124,133 177%
Code Enforcement Fines $100,000 $ 75,821 76%
Vacant Building Reg. $70,000 $ 37,125 53%
Total P&I Revenue $3,112,000 $ 3,412,681 110%
Planning Office Operations
The Meetings of the Boards and Commission supported by the Planning Office are presented
in the Hybrid format with both In-Person and Virtual (using Webex) meeting options for par-
ticipation. Electronic communications and conducting Meetings and Trainings in virtual for-
mats are commonplace due to realized efficiencies.
The Planning Office is part of the review process for certain types of construction activity
permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order
to confirm compliance with the Zoning Ordinance provisions. For May 2024, Planning Staff
was involved with the review of 81 Building Permits and 13 Certificates of Occupancy per-
mits that were issued for a monthly total of 94 and a year-to-date total of 364. The 2024
year-to-date tally is lower than the year-to-date totals of Permits and COs seen in 2023 at
446 and in 2022 at 401. Staff also reviews new applications for Business Licenses and Rental
Dwelling Permits.
MAY 2024 (FY24) TOTAL FOR FY24
New Home Permits Issued 16 95
Value of Commercial Projects $3,368,465.00 $76,034,621.00
Downtown Incentives (Fees Waived)
$2,211.00 $31,304.35
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Item #7.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan. Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
Other Activities
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership’s Strategic Master Plan is
known as “Transforming Downtown Dover: Capital City 2030” (January 2023). Various partners are
focusing on aspects of Plan implementation. Currently, the Downtown Dover Partnership and the Do-
ver/Kent County MPO are involved with the Downtown Dover Pathways Study (underway with consult-
ants). Also, the City is involved in planning for water and sanitary sewer improvement projects.
• Downtown Development District – Renewal Application: The Downtown Development District (DDD)
for the City of Dover was designated in January 2015 for a period of ten years. The City is eligible to ap-
ply for a five-year extension of this designation. Rossi, a consultant group, has been retained to assist
the City in preparation of the Renewal Application. Related to the Draft Renewal Application and DDD
Plan, Resolution #2024-06 was adopted by City Council on May 13, 2024, in support of the Renewal Ap-
plication for a five-year extension and including expansion of the DDD boundaries. The Renewal Appli-
cation will be submitted for formal review this summer.
Construction Activities
• In May 2024, Residential Building Permits were issued for eight (8) Townhouse units (by D.R. Horton)
and two (2) Duplex Units (By Chatham Bay) in the Eden Hill Farm TND; four (4) Townhouse units in the
Village of Maple Dale; and two (2) single-family detached dwellings in the Downtown Development
District area.
• Certificates of Occupancy were issued to two (2) Duplex units in Eden Hill Farm TND; five (5) Town-
house Units in Rojan Meadows PND; a single family detached dwelling in Patriot Village (Phase III); and
for one single family detached dwelling on Walker Road.
• Building Permits issued in May were for interior renovation projects including Office space at 60 Star-
lifter Avenue; a MRI replacement project at Bayhealth; interior renovations at Five Below; LaStanza
Event Space at 1035 Forrest Avenue; conversion of Car Wash to Mini-Storage Facility at 650 W. Divi-
sion Street; renovations at Bally’s for an outdoor gaming area; a tenant fit-out for Bubbakoo’s Restau-
rant; office renovation on DSU Downtown campus; and other small renovation projects. A Demolition
Permit was issued for demolition of the buildings at 680-684 Forest Street (previously location of
DIMH).
• Temporary Certificates of Occupancy were issued for an Apartment Building renovation on Roosevelt
Avenue and for interior renovations of Office Space for Bayhealth at 655 Bay Road facility. Certificates
of Occupancy were issued for the two eating establishes: Tropical Smoothie Café at 1225 N. DuPont
Highway Suite E and Insomnia Cookies at 1241 N. DuPont Highway.
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Página 195
Item #7.
2024: Welcome to Dover!
Progress in Pictures
655 Bay Road—Bayhealth Primary Care - Commercial Reno 1225 N. Dupont Hwy Unit E— Tropical Café Smoothie
1241 N. Dupont Hwy - Insomnia Cookies
133 Roosevelt Avenue - Unit 5 - Miller Investments LLC
213 Walker Road—C&M Homes 1517 Hopkins Avenue - Mast Homes
at Patriot Village III
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36
Página 196
Item #7.
2024: Welcome to Dover!
Progress in Pictures
529/531 Ruth Way— Eden Hill Farm TND (by
Chatham Bay)
211, 213, 215, 217, 219 Rojan Road - Bay to Bay Builders in Rojan
Meadows PND
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Página 197
Item #7.
BOARD AND COMMISSION ACTIVITY
There were Meetings in May of the Boards and Commissions supported by the Planning Office. The Planning
Commission Meeting on May 20, 2024 consisted of review of two (2) Requests for Extension of Plan Approv-
al, a Rezoning Application, and two (2) Site Plan Applications. The Historic District Commission met on May
16, 2024 to consider three (3) Applications for Architectural Review Certification. The Board of Adjustment
did not meet in May due to lack of agenda items.
Planning Commission:
The Planning Commission met on May 20, 2024. The next Planning Commission meeting is scheduled for
June 20, 2024.
• S-22-09 Dover Apartments at Leipsic Road (The Edge) – The Planning Commission granted the Re-
quest for One-Year Extension of the conditional approval of June 21, 2022 for a Site Development Appli-
cation for the construction of six (6) 3-story, 46,800 GSF garden style apartment buildings each contain-
ing thirty-six (36) units for a total of 216 apartment units. Also proposed are eleven (11) garage buildings,
a Clubhouse with Pool, Recreation Facilities, parking, and other site improvements. The approval includ-
ed a waiver to reduce the parking requirement and the Active Recreation Area Plan with Partial Fee-in-
lieu of Active Recreation Area Construction. The property is zoned SC-2 (Community Shopping Center
Development Zone) and partially subject to the SWPOZ (Source Water Protection Overlay Zone) Tier 3:
Excellent Recharge Area. The property is located on the southeast side of Leipsic Road east of North
DuPont Highway. The owner of record is currently Metropolitan 8, LLC.
• SB-23-03 Revised Stonebrook East Planned Neighborhood Design at McKee Road and W. Denneys
Road - The Planning Commission granted the Request for a Extension of the conditional approval grant-
ed December 18, 2023 for the Revised Subdivision Plan to increase the number of townhouses from 87 to
103 townhouses (increase of 16 townhouse units) and to decrease the number of garden apartment units
from 168 to 138 garden apartment units (decrease of 30 units). This development known as Stonebrook
East Planned Neighborhood Design (PND) proposes 241 dwelling units, recreational areas, open space,
and stormwater management areas. The conditional approval included PND- Alternative Design Stand-
ards. The property is zoned RM-1 (Medium Density Residential Zone) and approved as a PND (Planned
Neighborhood Design Option). The site is on the northeast corner of McKee Road and W. Denneys Road.
Property Address: intersection of McKee Road and West Denneys Road. Property Owners: Hanae Har-
mony Properties and Stonebrook East 168 LLC.
• Z-24-05 Lands of Chiang & Sons Properties, LLC at 1241 College Park Drive: Rezoning C-PO to
IO - The Planning Commission recommended approval to City Council of a Rezoning application for a
parcel of land consisting of 1.1024 acres +/-. The property is zoned C-PO (Commercial and Professional
Office Zone). The proposed zoning for the property is IO (Institutional and Office Zone). The property is
located on the east side of College Park Drive (a private street) and north of State College Road. The own-
er of record is Chiang & Sons Properties, LLC. Property Address: 1241 College Park Drive. Tax Parcel:
ED-05-067.00-02-12.08-000. Council District 4. Ordinance #2024-11. A Public Hearing is scheduled for
City Council on June 10, 2024.
• S-24-05 Lands of Ken Barrett Builders for Office Building at 1413 New Burton Road – The Planning
Commission granted conditional approval of a Site Development Plan Application to permit construction
of a one-story 3,026 SF office building and associated site improvements. The property is zoned C-1A
(Limited Commercial Zone) consisting of 0.41 acres. The property is located on the east side of New Bur-
ton Road, north of Garton Lane. The owner of record is Ken Barrett Builders LLC. Property Address:
1413 New Burton Road. Tax Parcel: ED-05-085.11-01-01.00-000. Council District 2. Also approved were
Waiver Requests for the Elimination of Upright Curbing and Elimination of Sidewalk..
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38
Página 198
Item #7.
Planning Commission (Continued)
• S-24-06 Revised Leander Lakes III Apartments – The Planning Commission granted conditional approv-
al of the Revision to the Site Development Plan Application S-23-04 for the construction of eight (8) 3-
story garden style apartment buildings and 1 (one) 2-story 8 unit building for a total of two hundred
(200) units and Active Recreation Areas to be known as Leander Lakes III. The Revised Plan involves
the reconfiguration and relocation of the access drive connection to Forrest Avenue for the apartment
complex. The parcel with the Access Drive is zoned RM-2 (Medium Density Residence Zone) and par-
tially subject to the COZ-1 (Corridor Overlay Zone). The Apartment Complex project area (future 25-
acre parcel) is zoned RM-2 (Medium Density Residence Zone) and partially subject to the COZ-1
(Corridor Overlay Zone) with the balance of this parcel zoned R-10 (One Family Residence Zone) and
partially subject to COZ-1 (Commercial Overlay Zone). The property is located on the south side of For-
rest Avenue west of Dover High Drive. The owners of record are Leander Lakes IV, LLC (previous
owner: Jireh Christian Center) and Calvary Baptist Church of Dover with equitable owner/developer as
Leander Lakes III, LLC. Property Addresses: 2161 Forrest Avenue and part of 2285 Forrest Avenue. Tax
Parcels: ED-05-075.00-01-05.00-000 and ED-05-075.00-01-06.00-000. Council District 1. Waiver Re-
quest: Elimination of Curbing on Access Drive. This site was granted conditional approval for a 200-
unit apartment complex with Site Plan S-23-04 Leander Lakes III by the Planning Commission on Feb-
ruary 21, 2023. A Minor Subdivision Plan to create the 25 acre parcel for Leander Lakes III has been
approved.
Historic District Commission:
The Historic District Commission met on May 16, 2024. The next Historic District Commission meeting is
scheduled for June 20, 2024.
• HI-24-02 Building at 148 S. Bradford Street: Demolition – The Historic District Commission moved
to deny the Architectural Review Certification for the Demolition of the existing 1 ½ story, stucco clad
building. The parcel consists of 0.13 +/- acres of land. The property is zoned C-2 (Central Commercial
Zone) and subject to H (Historic District Zone). The property is located on the west side of S. Bradford
Street and slightly north of Minor Street Alley. The owner of record is Russell and Dee Ann Widder. The
applicant is the Downtown Dover Partnership. Property Address: 148 S. Bradford Street.
• HI-24-03 Building at 150 S. Bradford Street: Demolition – The Historic District Commission moved
to deny the Architectural Review Certification for the Demolition of the existing 2 ½ story, frame
building. The parcel consists of 0.17 +/- acres of land. The property is zoned C-2 (Central Commercial
Zone) and subject to H (Historic District Zone). The property is located on the west side of S. Bradford
Street at the corner with Minor Street Alley. The owner of record is CEI Properties, LLC. The applicant
is the Downtown Dover Partnership. Property Address: 150 S. Bradford Street.
• HI-24-04 Legislative Hall Parking Garage at 425 East Avenue - The Historic District Commission
granted recommendation of approval on Architectural Review Certification for a Site Development Plan
Application for a new Parking Garage for Legislative Hall to be located at the corner of East Avenue/E.
Water Street and Martin Luther King Jr. Boulevard South. The proposal includes a three-story, 42,500
SF Parking Garage with 335 vehicle parking spaces and other site improvements. The 5.59 +/- acre prop-
erty includes an existing surface parking lot and an office/credit union building (to remain). The property
is zoned IO (Institutional and Office Zone) and is subject to H (Historic District Zone). The property is
located at the southeast corner of Martin Luther King Jr. Boulevard South and East Avenue/E. Water
Street. The owner of record is the State of Delaware. Property Address: 425 East Avenue and existing
building addressed as 150 E. Water Street.
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Página 199
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #7.
CDBG FY23 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the City of Dover. One family purchased a home and
two families are mortgage ready.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a
building for its new shelter location that will be renovated with CDBG funds. This project
is underway. Seventy percent 70% of project funds have been spent year to date and
100% of funds have been spent on renovations cost.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter. This project is
underway. Seventy percent (70%) of program funds have been spent year to date.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that
are in violation of the City’s Housing Code and complete emergency home repairs to
eliminate housing conditions that threaten the health and safety of low-income home-
owners. Two owner occupied homes have been rehabbed and six (6) homes received
emergency home repairs.
• American Rescue Act (ARPA) Funding
City Council approved to award a little over $1.8 million in grant funding for Housing and
Community Service projects. All projects are underway. A little under $1.5 million or
79% of funds have been spent on Round 1 of ARPA funding year to date. Dover Housing
Authority, Murphey School and Reading Assist have completed their projects. ARPA
Round 2 funding for a little under $500,000 was awarded to subgrantees in April 2023.
Projects are currently underway. Thirty percent (30%) of funds have been drawn down
for Round 2 with Murphey School completing their project.
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Página 200
Item #7.
CODE ENFORCEMENT ACTIVITY
DECEMEBER 2023 DECEMEBER
2023 DECEMEBER 2023 DE-
CEMEBER 2023 DECEMEBER 2023
DECEMEBER 2023 DECEMEBER
2023
Case Type Current MTD MTD FY23 % Changed YTD Total FY24 YTD Total
FY 23 % Changed YTD
Dangerous Buildings, Vacant Buildings, Demolitions & Announcements
Vacant Buildings currently registered - 129
Dangerous Buildings – 51
Active Rental Dwellings – 7,929 units
Active Demolitions - 137 S Queen St , 130 S New St, 132 S New St & 134 S New St
Completed Demolitions– 848 Forest St– Demolished by owner
Personnel Changes– Brittney Salzano joined the team (Code Enforcement staff).
Page 200
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Página 201
Building Inspections & Licensing Summary Item #7.
July 2022—
July 2023–
Current June 2024 May 2023 June 2023
PERMITTING AND LICENSING
Permits Issued MAY (2024) MAY (2023)
FY 24 FYTD 24 FY23 FYTD 23
Administrative Permit
5 53 6 62
Building Addition/Renovation Permits 30 333 47 330
Building Permits
33 222 24 242
Demolition Permits
1 29 5 24
Fence Permits 18 160 35 278
Fire Prevention Permits 6 106 10 70
Mechanical Permits
40 338 154 492
Plumbing Permits
31 292 140 537
Sign Permits 11 144 11 94
Swimming Pool Permits
0 8 2 15
Subtotal 1685 2144
Business Licenses 31 2000 41 1886
Merchant Licenses
4 365 2 330
Contractor Licenses
25 1348 37 1266
Subtotal 3713 3482
Lodging House Licenses
0 47 1 48
Public Occupancy
14 531 16 489
Rental Dwelling 19 2924 63 2977
Subtotal 3502 3514
Manufactured Homes 26 320 1 283
BUILDING INSPECTIONS
Inspections MAY (2024) MAY (2023)
FY 24 FYTD 24 FY23 FYTD 23
Building (Inspections/CBI/Site Meetings)
165 1647 528 3934
Plumbing/Mechanical
176 1708 539 4505
Certificate of Occupancy
10 133 25 196
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Página 202
Item #7.
Office of the Fire Marshal
-The Fire Marshal’s Office staff investigated two incidents
during the month of May including a loss at 1506 N Little
Creek Road.
-Staff worked Dover Days Festival and Delaware Pride
Festival to ensure that all of the citizens and visitors were
safe during the festivities.
- Staff attended Fire Inspection Principles at the National
Fire Academy
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 39 312 360
Deficiencies From the Above Inspections 79 862 1,234
Fire Code Violations/Deficiencies/ 30 248 291
Complaints
C/O & Fire Equipment Acceptance Tests 10 116 121
Meetings & Walk Through 22 225 195
Fire Plan Review & DAC 18 153 119
Month Year to Date Previous Year to Date
Accidental 2 totaling $15,000 32 totaling $2,046,505 33 totaling $1,248,601
Undetermined 0 13 totaling $706,603 12 totaling $800,002
Incendiary 0 10 totaling $26,503 8 totaling $4,086,003
Natural 0 1 totaling $60,000 0
Arrest Made with DPD 0 2 3
Investigation Time 4 hours 129 hours 219 hours
Injuries 1 9 1
Deaths 0 1 0
Page 202
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Página 203
Item #7.
Page 203
44
Página 204
Item #7.
Page 204
45
Página 205
Item #7.
Page 205
46
Página 206
Item #7.
Page 206
47
Página 207
Item #7.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
May-24
Inflow & Infiltration Costs
$300,000.00 This chart indicates the amount of money the City is
spending on treating ground and / or rain water
through Kent County. This cost is being offset by the
$250,000.00 Ground Water Inflow Adjustment rate passed on to the
customers. April 2024 had a large amout of rainfall,
causing a significant I & I deficit.
$200,000.00
$150,000.00
$100,000.00
$50,000.00
$-
May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24
I & I Cost
Water & Wastewater Repairs
Water mains and services are typically
7 repaired at a higher rate when drastic
change in temperature occurs. This
6 freeze and thaw cycle expands and
contracts the soil, causing cracks in the
water line. November 2023 had large
5 fluctuations of temperature, causing a
large volume of repairs.
4
3
2
1
0
May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
Page 207
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Página 208
Item #7.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
May-24
Number of Brown Water Complaints
20
This chart indicates the number of
18 complaints the Department receives.
March 2024 was high because it has
16 been over 5 months since the last
flushing operation.
14
12
10
8
6
4
2
0
May-23 Jun-23 Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Department Spotlight - May
The Department of Water & Wastewater secured a
contractor to remove and replace the College Road Pump
Station
Before
After
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49
Página 209
Item #8.
Page 209
Página 210
Item #8.
Finance Department Monthly Report April 2024
This page intentionally left blank
PagePage
2 210
Página 211
Item #8.
Finance Department Monthly Report April 2024
CITY OF DOVER
ACTIVITY REPORTS
May 2024
FY23 YTD FY24 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 5,870 6,033
Total Amount of All Deposits $ 186,885,395 $ 148,781,742
Other Activity
Number of Pay Periods 24 25
Number of Direct Deposits Issued 9,795 9,854
Number of Pension Checks Issued 2,894 2,844
Total Pension Benefits Paid - Defined Benefit Plan $ 5,056,618 $ 5,598,920
ACCOUNTS PAYABLE
Number of Check Vouchers 5,330 5,709
Number of EFT Vouchers 3,656 3,804
Vouchers Dollar Amount Disbursed $ 96,821,700 $ 98,670,850
$91,069 FY23 YTD Wages FY24 YTD Wages
$314,814
$221,883 $98,936 $868,164 $87,270 $667,764
$135,967
$740,766 $710,129
$1,483,895
$1,809,545
$1,781,448 $2,309,339
$18,118,111 $21,450,966
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout
Personal Personal
Comp Time Comp Time
Other Other
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation
tracking/adjustments, etc.
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Item #8.
Finance Department Monthly Report April 2024
City of Dover
General Fund Summary
Fiscal Year to Date (May 2024)
Revenues
Original Budget Revised Budget Actual %
Property & Transfer Taxes $ 18,056,100 $ 18,056,100 $ 18,362,228 102%
Program Revenues 12,354,700 12,626,500 14,030,543 111%
Utility Transfers 9,000,000 9,000,000 8,250,000 92%
Grants 883,500 923,500 952,932 103%
Interfund Services 6,236,400 6,236,400 5,536,712 89%
1 4,066,000 4,296,300 3,652,011 85%
All Other
$ 50,596,700 $ 51,138,800 $ 50,784,426 99%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 34,903,300 $ 34,832,500 $ 29,207,526 84%
Interfund Services 12,177,000 12,451,500 10,565,029 85%
Debt Service 630,700 630,700 576,315 91%
Post Retirement Benefits 2,548,000 2,548,000 2,335,667 92%
Pension Fund Contributions 1,000,000 1,000,000 1,000,000 100%
Capital Project Transfers 2,920,100 3,037,800 3,037,800 100%
2 3,052,800 3,052,800 2,697,328 88%
All Other
$ 57,231,900 $ 57,553,300 $ 49,419,665 86%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense
and Trf to Economic Development Reserve Fund.
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Item #8.
Finance Department Monthly Report April 2024
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Revised Budget Actual
General Fund Expenditures
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Revised Budget Actual
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Item #8.
Finance Department Monthly Report April 2024
City of Dover
Water Fund Summary
Fiscal Year to Date (May 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 6,550,000 $ 6,550,000 $ 5,961,919 91%
Impact Fees 225,000 225,000 323,738 144%
Rents 435,500 435,500 423,588 97%
Miscellaneous 1 75,200 75,200 341,264 454%
$ 7,285,700 $ 7,285,700 $ 7,050,509 97%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 4,156,100 $ 4,132,700 $ 3,271,415 79%
Interfund Services 1,138,000 1,138,000 1,004,138 88%
Debt Service 700,000 700,000 614,467 88%
Post Retirement Benefits 226,900 226,900 207,992 92%
Capital Project Transfers 1,536,700 1,536,700 1,536,700 100%
Electric I&E Fund Transfer 25,000 25,000 25,000 100%
General Fund Transfer 500,000 500,000 458,333 92%
All Other 2 32,000 32,000 20,246 63%
$ 8,314,700 $ 8,291,300 $ 7,138,290 86%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
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Página 215
Item #8.
Finance Department Monthly Report April 2024
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Revised Budget Actual
Water Expenditures
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Capital Project Transfers Electric I&E Fund Transfer General Fund Transfer All Other 2
Original Budget Revised Budget Actual
Page 7
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Página 216
Item #8.
Finance Department Monthly Report April 2024
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (May 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 10,326,000 $ 10,326,000 $ 9,352,139 91%
Impact Fees 225,000 225,000 285,505 127%
Miscellaneous 1 50,200 50,200 353,861 705%
$ 10,601,200 $ 10,601,200 $ 9,991,505 94%
Expenditures
Original Budget Revised Budget Actual %
Program Expenses $ 1,649,200 $ 1,689,200 $ 1,338,101 79%
Kent County Treatment Fee 4,730,000 4,690,000 4,510,337 96%
Interfund Services 870,900 870,900 771,642 89%
Debt Service 696,200 696,200 593,715 85%
Post Retirement Benefits 110,000 110,000 100,833 92%
Capital Project Transfers 2,270,900 2,270,900 2,270,900 100%
Electric I&E Transfer 25,000 25,000 25,000 100%
General Fund Transfer 500,000 500,000 458,333 92%
All Other 2 15,000 15,000 5,945 40%
$ 10,867,200 $ 10,867,200 $ 10,074,806 93%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees.
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Página 217
Item #8.
Finance Department Monthly Report April 2024
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Revised Budget Actual
Wastewater Expenditures
$5,000,000
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Kent County Treatment Interfund Services Debt Service Post Retirement Capital Project Transfers Electric I&E Transfer General Fund Transfer All Other 2
Fee Benefits
Original Budget Revised Budget Actual
Page 9
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Página 218
Item #8.
Finance Department Monthly Report April 2024
City of Dover
Electric Fund Summary
Fiscal Year to Date (May 2024)
Revenues
Original Budget Revised Budget Actual %
Customer Sales $ 92,743,400 $ 92,743,400 $ 79,024,679 85%
1 2,299,000 2,299,000 4,432,881 193%
All Other
$ 95,042,400 $ 95,042,400 $ 83,457,560 88%
Expenditures
Original Budget Revised Budget Actual %
Power Supply & Generation $ 82,658,600 $ 82,856,900 $ 40,651,616 49%
Electric Operating Div. Exp. 9,208,700 9,208,700 8,107,279 88%
Interfund Services 4,227,500 4,227,500 3,760,932 89%
Debt Service 1,482,600 1,482,600 1,283,850 87%
Post Retirement Benefits 997,000 997,000 913,917 92%
General Fund Transfer 8,000,000 8,000,000 7,333,333 92%
2 3,004,900 3,004,900 1,948,561 65%
All Other
$ 109,579,300 $ 109,777,600 $ 63,999,487 58%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment Management Fees,
New Service Fees, Sale of Assets, Trf from Uncollectible Reserves, General Service Billing, Revenue from Rate
Stabilization, Penalties, Green Energy Charges, and Delay Damages.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer to Uncollectible
Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 760,876 760,876 649,880
Sales per MWh $119.74 $119.74 $119.68
Purchased/Generated MWh 773,010- 773,010- 687,846-
All In MWh Supply & Generation $106.87 $107.12 $59.04
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Item #8.
Finance Department Monthly Report April 2024
Electric Fund - Revenues
Millions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Original Budget
Revised Budget
Actual
Customer Sales All Other 1
Electric Fund - Expenditures
$90,000,000
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Div. Post Retirement
Interfund Services Debt Service General Fund Transfer All Other 2
Generation Exp. Benefits
Original Budget $82,658,600 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Revised Budget $82,856,900 9,208,700 4,227,500 1,482,600 997,000 8,000,000 3,004,900
Actual $40,651,616 8,107,279 3,760,932 1,283,850 913,917 7,333,333 1,948,561
Original Budget Revised Budget Actual
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Item #8.
Finance Department Monthly Report April 2024
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (May 2024)
Original Budget Revised Budget Actual % General Fund Divisions % of Budget
City Clerk $ 414,200 $ 414,200 $ 375,832 91%
Council 260,000 260,000 210,355 81% Mayor
Fire 851,600 851,600 802,812 94% Human Resources
Grounds 1,741,100 1,741,100 1,428,181 82% Customer Services
Library 2,040,700 2,040,700 1,719,549 84%
Fleet Maintenance
Recreation 1,549,600 1,549,600 1,317,222 85%
Procurement & Inventory
Life Safety 690,600 690,600 551,600 80%
Code Enforcement 1,173,600 1,173,600 620,612 53% Engineering
Planning 826,100 826,100 546,526 66% Facilities Management
Public Inspections 800,800 800,800 662,208 83% Pub. Services Administration
Police 21,550,900 21,466,200 18,502,153 86% Finance
Police Extra Duty 405,000 405,000 683,753 169%
Information Technology
Streets 768,600 783,600 640,550 82%
Sanitation 3,060,100 3,060,100 2,316,957 76% City Manager
Stormwater 906,400 905,300 616,555 68% Stormwater
City Manager 1,300,100 1,432,400 1,291,593 90% Sanitation
Information Technology 874,100 874,100 751,248 86% Streets
Finance 1,032,300 1,032,300 682,071 66%
Police Extra Duty
Pub. Services Administration 646,900 646,900 553,167 86%
Police
Facilities Management 822,100 822,100 724,589 88%
Engineering 279,300 279,300 227,029 81% Public Inspections
Procurement & Inventory 873,600 873,600 785,389 90% Planning
Fleet Maintenance 1,078,600 1,078,600 970,150 90% Code Enforcement
Customer Services 1,417,500 1,417,500 1,156,122 82%
Life Safety
Human Resources 501,300 501,300 337,224 67%
Recreation
Mayor 245,200 245,200 186,923 76%
$ 46,110,300 $ 46,171,800 $ 38,660,370 84% Library
Grounds
Fire
Council
City Clerk
0% 20% 40% 60% 80% 100% 120% 140% 160% 180%
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Finance Department Monthly Report April 2024
Item #8.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (May 2024)
Water Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 386,500 $ 386,500 $ 267,466 69%
Water Department 862,100 862,100 684,543 79%
Water Treatment Plant 2,907,500 2,884,100 2,319,406 80%
$ 4,156,100 $ 4,132,700 $ 3,271,415 79%
Wastewater Divison
Original Budget Revised Budget Actual %
Engineering & Inspection $ 304,100 $ 304,100 $ 142,931 47%
Wastewater Department 1,345,100 1,385,100 1,195,170 86%
$ 1,649,200 $ 1,689,200 $ 1,338,101 79%
Electric Division
Original Budget Revised Budget Actual %
Transmission/Distribution $ 4,893,100 $ 4,893,100 $ 4,407,095 90%
Electrical Engineering 1,826,600 1,826,600 1,502,927 82%
Administration 1,020,200 1,020,200 833,644 82%
Meter Reading 460,500 460,500 501,349 109%
Systems Operations 1,008,300 1,008,300 862,263 86%
$ 9,208,700 $ 9,208,700 $ 8,107,279 88%
Page 221
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Página 222
Finance Department Monthly Report April 2024
Item #8.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
62% 64% 66% 68% 70% 72% 74% 76% 78% 80% 82%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 20% 40% 60% 80% 100% 120%
Page 222
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Página 223
Finance Department Monthly Report April 2024
Item #8.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (May 2024)
General Fund Original Budget Revised Budget Actual %
Fire $ 419,600 $ 419,600 $ 332,098 79%
City Manager - 40,000 32,000 80%
Code Enforcement 34,600 63,600 42,369 67%
Public Works Admin 30,000 30,000 27,660 92%
Public Works Eng 48,300 48,300 41,322 86%
Police 1,186,500 1,398,200 642,754 46%
Streets 852,300 3,577,800 798,254 22%
Sanitation 707,800 1,464,400 581,775 40%
Stormwater 1,135,000 3,554,700 149,582 4%
Grounds 214,500 249,300 236,160 95%
Library County Grant - 87,300 57,365 66%
Recreation 835,000 2,900,600 2,029,883 70%
Inspections - 30,100 30,068 100%
Purchasing - 70,000 - 0%
Information Technology 115,500 115,500 44,113 38%
Facilities Management 80,000 159,300 76,249 48%
Fleet Maintenance 30,000 535,700 504,150 94%
General Fund Capital Projects $ 5,689,100 $ 14,744,400 $ 5,625,803 38%
Water Fund
Water $ 4,579,300 $ 6,093,000 $ 1,624,148 27%
Water Engineering 48,000 48,000 41,322 86%
Water Treatment Plant 56,500 423,300 117,027 28%
Water Fund Capital Projects $ 4,683,800 $ 6,564,300 $ 1,782,497 27%
Wastewater Fund
Wastewater $ 2,576,900 $ 4,428,600 $ 811,989 18%
Wastewater Fund Capital Projects $ 2,576,900 $ 4,428,600 $ 811,989 18%
Electric Fund
Electric Generation $ 275,000 $ 12,723,400 $ 4,759,852 37%
Transmission/Distribution 2,497,400 2,936,100 1,631,548 56%
Electrical Engineering 2,076,000 8,670,600 3,988,406 46%
ERP System - 1,856,000 5,740 0%
Electric Administration 2,000,000 2,516,100 1,250,000 50%
Electric Fund Capital Projects $ 6,848,400 $ 28,702,200 $ 11,635,546 41%
TOTAL CAPITAL PROJECTS $ 19,798,200 $ 54,439,500 $ 19,855,835 36%
Page 223
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Página 224
Finance Department Monthly Report April 2024
Item #8.
Capital Outlay - All Divisions
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Original Budget Revised Budget Actual
Capital Outlay - By Fund
$35,000,000
$30,000,000 $28,702,200
$25,000,000
$20,000,000
$14,744,400
$15,000,000
$11,635,546
$10,000,000
$6,848,400 $6,564,300
$5,689,100 $5,625,803
$4,683,800 $4,428,600
$5,000,000
$2,576,900
$1,782,497
$811,989
$-
Original Budget Revised Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
Page 224
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Página 225
Item #9.
DOVER FIRE DEPARTMENT
May 2024
FIRE CHIEFS REPORT
Page 225
Página 226
Item #9.
Mayor and Council,
The Dover Fire Department responded to 126 calls in May, consisting of 584 personnel hours.
Members performed hours of training consisting of 229 personnel-hours.
Total Personnel hours for the month of May- 1347 Personnel hours
Recently, the fire department has reorganized its application and recruitment process. Our
application is now 100 percent online and we are seeing good results. In May, we took in 11
new members. We are working on a retention program to retain as many new members as
possible to continue to make us successful.
We would like to take a moment and congratulations to Uriel Morales, Thomas Kramedas,
Richard Zhuang, Javon Richardson, Jeremiah Cannon for graduating from the DSFS Fire
Academy. The Fire Academy Training Program is a new statewide training initiative to train
new members to a national standard, providing national firefighter certifications as interior
firefighter in a four-month period.
Members of the fire department attended the Old Dover Days Parade. and C5 Rescue training
at DAFB.
On May 13th, The Fire Department is proud to place in service a 2024 Pierce Enforcer 100ft
Ascendant Tower Ladder. The truck is equipped with a full range of truck company equipment,
214ft of ground ladders, a 2000gpm Waterous pump, 300 gallons of water, 800ft of 5-inch
supply line, 1-200ft and 1-300ft pre connected 1-3/4 hand lines as well as technical rescue
equipment for Confined space/high angle and water rescue. Firefighters gathered to “push”
Tower 2 into the building officially placing the Ladder truck into service.
The new Tower Ladder will be known as Dover Tower 2.
On Wednesday May 22, 3024 crews from Dover Fire, Little Creek Fire and St Francis EMS, paid
respects to a fallen hero Chief Petty Officer Daniel D. McCracken during his dignified transfer
home from DAFB.
He was a member of the US Navy that passed away on May 6, 2024, while on active duty.
McCracken was attached to the Maritime Expeditionary Security Squadron
Officer McCracken served as a Police Officer for the City of Chester and served 18 years as a
Firefighter/EMT at Newtown Square Fire Department.
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Página 227
Item #9.
On Saturday May 18th and Sunday May 19th, firefighters assisted Dover Air Force Base with the
First State Air Show. The Fire Department provided fire protection on base and base housing
areas, allowing the Dover AFB firefighters to focus on aircraft fire protection and safety.
Working Fires
House Fire 1506 N Little Creek Road
MVC’s
2100 Forrest Avenue car into the house with subject trapped (fatal)
Trash truck overturned S. Dupont Hwy/Puncheon Connector
Tractor Trailer accident with entrapment Halltown Road near the Royal Farms
Promotions
Drivers
Jack Fortney cleared on the Engines, Squad 1 and Ladder 1
Uriel Morales, Thomas Kramedas , Richard Zhuang, Javon Richardson, Jeremiah Cannon, Eric
Dawson and Bert Gartrell have completed the prerequisites and have been evaluated by the
officers and were promoted to Firefighter II on May 23rd.
Our live-in and Duty crew program is a work in progress, we currently have six Long Term Duty
Crew members (live-ins) and we are expanding our program to have live-in freighters at Station
2. We hope to increase this program to 8 firefighters soon. We are currently staffing a fire
engine 24 hours a day most of the time. This means we have members staying in the firehouse
ready to take calls.
The officers and members of the Fire department thank the budget team and City Council for
their outstanding support of the fire department. We appreciate everything you do for us, and
the long hours that are put into this to make the City of Dover Successful efforts on making
Dover a better place to live.
Any questions or concerns please contact me.
Thank you!
Page 227
Página 228
Item #9.
Page 228
Página 229
Item #9.
Page 229
Página 230
CITY OF DOVER DEPARTMENT OF POLICE Item #10.
400 SOUTH QUEEN STREET
DOVER, DELAWARE 19904
302-736-7111
Chief of Police Police Captains
THOMAS A. JOHNSON, JR. RANDY ROBBINS
Deputy Chief of Police KEVIN KOBER
DAVID E. SPICER AARON DICKINSON
July 8, 2024
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for May:
COMPLAINTS/EVENTS
YTD Totals compiled through May numbered 19,290.
This represents an increase of 2,154 from the 17,136 reported over the same period in 2023.
25,000
19,290
20,000 16,463 17,136
13,973 15,250
15,000
10,000
5,000
0
2020 2021 2022 2023 2024
CRIMINAL INVESTIGATIONS
Burglary: 3 cases reported, 0 cases cleared and 0 cases were cleared from previous months.
Robbery: 1 case reported, 1 case cleared and 0 cases was cleared from previous months.
Sex Assault: 2 cases reported, 1 case cleared and 1 case was cleared from previous months.
Homicide: 2 cases reported, 2 cases cleared and 0 cases cleared from previous months.
There were 4 Non-Criminal Death Investigations, 4 cases cleared and 0 cases cleared from previous months.
1
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Item #10.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 0 grams seized
Cocaine: 1,637.7 grams seized
Ecstasy: 0 doses seized
Prescription Pills: 0 doses seized
Heroin: 0.952 grams seized
Methamphetamine: 0 grams seized
Fentanyl: 0 grams seized
Other Rx Drugs: 0 grams/doses seized
Drug Proceeds: $113,951 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10
5 2 3 3
0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 8 Handguns
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through May numbered 1,820.
This represents a decrease of 1,324 from the 3,144 reported over the same period in 2023.
3,500
3,038 3,144
3,000
2,495 2,473
2,500
2,000 1,820
1,500
1,000
500
0
2019 2020 2021 2022 2023
TRAFFIC CRASHES: YTD = 826
2
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Página 232
Item #10.
911 CENTER ACTIVITY
Total compiled during May numbered 8,410 calls.
This represents a decrease of 126 from the 8,536 reported during the same period in 2023.
9,000 8,536 8,410
8,000 7,474
7,139
7,000 6,415
6,000
5,000
4,000
3,000
2,000
1,000
0
2020 2021 2022 2023 2024
CITY ORDINANCE SUMMONS
YTD Totals compiled through May numbered 654.
This represents a decrease of 415 from the 1,069 reported over the same period in 2023.
2,000 1,685 1,615
1,386
1,500
1,069
1,000 649 654
450 364
500 274 258
0
2020 2021 2022 2023 2024
ISSUED 1,685 1,615 1,386 1,069 654
PAID 649 450 274 364 258
3
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Página 233
COMMUNITY POLICING Item #10.
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement activities.
In addition to those duties, the unit accomplished the following in May:
Police Athletic League:
o Outdoor basketball at William Henry Middle School – 45 students
o Planning activity for the Day in their Boots event in July
o Planning activity for the summer Youth Academy at AOD Charter School
o CPR training at Dover Middle School – 2 students
o Outdoor basketball at Dover Middle School
o Outdoor basketball at Reily Brown Elementary
o Outdoor basketball at a Capitol Green Community Policing Event
Assisted with Dover Days Parade, Fireworks and daylong festivities [+ K9 Roy]
Assisted with Touch a Truck events: Hartley Elementary & Troop 7 w/ K9 Roy’s help
Participated in the Presidential Court and Kings Cliff HOA Meeting
Participated in the DSU Graduation Ceremonies – Honor Guard
Corporal Smith accepted a special PAL recognition from Capital School District
Participated in the Governor’s Prayer Breakfast – Modern Maturity Center
Participated in the annual Law Enforcement Memorial Ceremonies
Community Response Vehicle: Visit to New and Reed Streets with K9 Roy
Community Response Vehicle: 2 Visits to Capitol Green, one with K9 Roy
Participated in Delaware Bike Month activities
Participated in Story Time at the Dover Library with K9 Roy
Participation in the Color Run 5K
Visit with the management of Manchester Square & Bay Tree Apartments
Provided additional SRO support to the Dover High School campus
The Behavioral Health Unit was recognized w/ a Lt. Gov. Wellness Leadership Award
Participation in “Leader in Me” events at W. Reily Brown & Star Hill Elementary
Participated in Career Day at Lake Forest Elementary School
Participated in Field Day at South Dover & Reily Brown Elementary Schools
Supported a Rock the Block Party with Habitat and NeighborGood - With Roy
Conducted multiple, focused, property checks at 120 S. Governors and New & Reed
Community Outreach: Academy of Dover Charter School, River Chase, McKee Branch
Apts., Campus Community Charter School, & Reily Brown Elementary (mentoring)
Assisted Patrol Units during major incidents, high 911 call volume and/or low staffing
The BHU took the lead on 69 events and took official action to provide services to 41
people needing mental health support & 41 needing substance abuse referral. Some of the
field contacts needed both resources.
Members of the CPU attend numerous meetings with community associations and organizations as a
part of our ongoing liaison relationships.
4
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POLICE CHIEF ADVISORY COMMITTEE Item #10.
The Police Chief Advisory Committee is comprised of nine (9) diverse stakeholders living or
working in the City of Dover. It meets regularly to provide input/feedback to the Chief on the
various operations of the agency.
The Committee met on May 30th as scheduled. The meeting began with the consideration of three
prospective members. Dr. Charlisa Holloway Edelin and Mr. Rob Sheehan were able to attend in
person and information was shared in relation to Mr. Horacio Garcia-Korosec. All three candidates
were received favorably and they will be vetted for permanent placement.
A draft of proposed By-Laws was developed during this workshop style meeting. The working title of
the formal body is now the City of Dover Police Advisory Board. This change reflects the larger
stakeholder group and the idea that more than one police agency will be a part of the program. The
guidance for the By-Laws comes from existing laws, ordinances and regulations as well as the letter
produced by the POST Commission to the League of Local Governments earlier this year. The tentative
meeting schedule will be the evening of the third Thursday of odd numbered months. This will ensure
that there are no less than 6 meetings per year. Much more to come in anticipation of the first formal
meeting on July 18, 2024.
PROGRAMS AND INITIATIVES
Captain Kevin Kober had his last day on May 3rd. We wish him well in his retirement. He was
replaced by veteran Lieutenant Paul Kuntzi and Sgt. Mark Hoffman was promoted to fill the
vacancy created by the Kuntzi promotion. Both assumed their new responsibilities on the 4th of
May- just in time for Dover Days.
The spring Police Recruit assessment day took place on May 6th. A total of 8 candidates
survived the physical fitness, written, and oral board tests. They will proceed to the background
investigative stage. This group will be potential candidates for the Police Academy in the fall.
A second assessment day is slated for late June.
Two candidates for the many open Cadet positions had a favorable interviews and an offer of
employment was extended to both. One is on active duty at Dover Air Force Base and the other
is senior in college. Both ladies are interested in police work and we hope they will consider
Dover as they embark on their Cadet experience. The search continues for more viable
candidates for the remaining positions.
The Department held a press conference to announce an arrest in the shooting homicide that
occurred on the campus of Delaware State University. There was tremendous cooperation
between City and University officials. This was another senseless act of gun violence and our
continued sympathies are extended to the victim’s family.
With the advent of a staffing crisis at Dover Behavioral Health, the police department lost one of
its clinical field partners serving in the Behavioral Health Unit. The Mayor and the City
Manager concurred with the Department’s assessment that the program is successful and
converting a clinician from contractor to city employee was in the best interest of sustainability.
It was determined that a combination of grant dollars and State funding would make this move
cost-neutral to the city for at least two budget years. Steps are under way to develop the internal
position and extend an offer to our remaining clinician.
5
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Please visit our website at www.doverpolice.org for up to date information on crimes and activitiesItem #10.
in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
6
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Item #11.
CITY OF DOVER, DELAWARE
ACTION FORM
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Water & Wastewater SUBMITTED ON: June 28, 2024
PREPARED BY: Jason A. Lyon, P.E., Director of Water & Wastewater / Engineering Services
REVIEWED BY: David S. Hugg, III, City Manager
SUBJECT: Title VI Requirements and Proposed Procedures
TIMETABLE: Implement the procedures within seven (7) days of approval
RELATED PROJECT: X
REFERENCE: X
EXPENDITURE REQUIRED: $0
AMOUNT BUDGETED: $0
FUNDING SOURCE (Dept./Page in CIP & Budget): n/a
STAFF RECOMMENDATION:
Implement the proposed procedures to comply with Environmental Protection Agency requirements to
obtain Federal funding.
BACKGROUND AND ANALYSIS:
In 2022, the City of Dover submitted a request for funding through Delaware Senators and Representative. This
funding request was for water quality improvements. In 2023, staff was informed that we were awarded $2.25
million (20% city match) from the OMNIBUS package. Part of the requirements of receiving this funding is to
comply with the Environmental Protection Agency (EPA) form 4700, otherwise known as the pre-award
compliance review. The form has several items that a recipient must meet prior to receiving the funding, the city
did not have the following; a procedure for providing meaningful access to services for persons with limited English
proficiency, a civil rights coordinator and a grievance procedure for any discriminatory complaints.
The City of Dover Team worked together to create the necessary procedures and secure the necessary program to
assist with language assistance. These procedures have been reviewed and accepted by all affected parties,
including the Human Relations Commission.
Having these procedures will improve the equity level of the city as well as improve our chances to obtain future
Federal funding.
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Item #11.
Nondiscrimination Statement
The City of Dover is committed to a policy of non-discrimination in the conduct of its business,
including meeting its responsibilities under Title VI of the Civil Rights Act, the Americans with
Disabilities Act, Title IX of the Education Amendments, Section 504 of the Rehabilitation Act, Age
Discrimination Act and Section 13 of the Federal Water Pollution Contral Act Amendments and other
federal and state laws, and to the delivery of equitable and accessible services.
It is the policy of the city to ensure full compliance with federal nondiscrimination laws in all programs
and activities. The city will not discriminate on the basis of race, color, national origin, religion,
ancestry, ethnic group identification, creed, sex (including actual or perceived sexual orientation or
gender identity), disability, mental disability, physical disability, medical condition, genetic
information, marital status, veteran’s status, or age in any city programs, services, or activities.
It is unlawful for City of Dover programs, lessees, tenants, concessionaires. and contractors to
discriminate against any person because of race, color, religion, ancestry, ethnic group identification,
national origin, creed, disability, mental disability, physical disability, medical condition, genetic
information, marital status, age, or sex (including actual or perceived sexual orientation or gender
identity) in their public services, activities and employment opportunities.
The Civil Rights Compliance Coordinator for the City of Dover will be:
Donyale Hall
Vice Chairperson
City of Dover Human Relations Commission
PO Box 475
Dover, DE 19903-0475
302-399-8838
Click here to contact Donyale Hall
If you have any questions about this notice, or require language accommodations, you may contact:
Kay Sass
Public Affairs and Emergency Management Coordinator
PO Box 475
Dover, DE 19903-0475
302-736-7003
ksass@dover.de.us
For more information, or to file a complaint about discrimination or retaliation / intimidation, contact
City Clerk’s Office
City Hall
15 Loockerman Plaza
Dover, DE 19903
302-736-7008
cityclerk@dover.de.us
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Item #11.
Click here for both the complaint procedure and to download THE CITY OF DOVER HUMAN
RELATIONS COMMISSION INTAKE FORM / DISCRIMINATION COMPLAINT FORM
Completed forms may be mailed or emailed to:
City Clerk’s Office
City Hall
15 Loockerman Plaza
Dover, DE 19903
302-736-7008
cityclerk@dover.de.us
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Item #11.
Discrimination Complaint and
Compliance Review/Grievance Procedure
It is the policy of the City of Dover (“City”) to ensure full compliance with federal nondiscrimination
laws in all programs and activities. The City will not discriminate on the basis of race, color, national
origin, religion, ancestry, ethnic group identification, creed, sex (including actual or perceived sexual
orientation or gender identity), disability, mental disability, physical disability, medical condition,
genetic information, marital status, veteran’s status, or age in any City programs, services, or
activities.
The Civil Rights Compliance Coordinator for the City of Dover will be:
Donyale Hall
Vice Chairperson
City of Dover Human Relations Commission
PO Box 475
Dover, DE 19903-0475
302-399-8838
Click here to contact Donyale Hall
Title VI of the Civil Rights Act of 1964 (“Title VI”) prohibits discrimination on the basis of race, color,
and national origin in programs and activities receiving federal financial assistance. The Americans
with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act (“Section 504”) prohibit
discrimination on the basis of disability by state or local government agencies and recipients of
federal financial assistance.
Discrimination includes, but is not limited to, excluding an individual from participation in or denying
an individual the benefits of any program or activity receiving Federal financial assistance due to the
individual’s race, color, national origin, sex, age, or disability.
The City does not exclude, deny benefits to, or otherwise discriminate against any person on the
basis of race, color, religion, ancestry, ethnic group identification, national origin, creed, disability,
mental disability, physical disability, medical condition, genetic information, marital status, age,
veteran’s status, or sex (including actual or perceived sexual orientation or gender identity) in the
administration of its programs or activities, whether carried out by the City directly, through a
contractor, or any other entity with whom the City arranges to carry out its programs and activities.
The City is committed to taking reasonable steps to provide timely and meaningful access for
Limited English Proficient Persons coming into contact with the City’s programs, services, and
activities. The City will provide reasonable accommodation for persons that are visually impaired.
The City will provide free language assistance to such persons. For more information on language
assistance, contact
Kay Sass
Public Affairs and Emergency Management Coordinator
PO Box 475
Dover, DE 19903-0475
302-736-7003
ksass@dover.de.us
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Item #11.
This Complaint and Compliance Review/Grievance Procedure is established so that any member of
the public who believes he or she has been subjected to discrimination in the receipt of benefits
and/or services from the City on the basis of race, color, religion, ancestry, ethnic group
identification, national origin, creed, disability, mental disability, physical disability, medical condition,
genetic information, marital status, age, veteran’s status, or sex (including actual or perceived sexual
orientation or gender identity) and wishes to file a complaint may do so following the outline below.
In addition, the City’s Civil Rights Compliance Coordinator may, on their own initiative, undertake
compliance reviews to investigate compliance of City departments with Title VI, the ADA, Section
504, Title IX of the Education Amendments, Section 504 of the Rehabilitation Act, Age
Discrimination Act and Section 13 of the Federal Water Pollution Contral Act Amendments and other
federal and state civil rights laws in the absence of a complaint on a periodic basis. The City is
prohibited from retaliating against any member of the public who files a complaint under these
procedures and any retaliation / intimidation will be handled promptly if it occurs.
The complaint shall be in writing and contain information about the complainant and the alleged
discrimination such as:
1. The name, address, and phone number of complainant;
2. The location, date, and description of the alleged violation; and
3. The signature of the complainant or his or her designee.
Please see the THE CITY OF DOVER HUMAN RELATIONS COMMISSION INTAKE FORM /
DISCRIMINATION COMPLAINT FORM at the end of this Procedure.
If the complainant is unable to submit the complaint in writing, he or she may call the City Clerk’s
Office to submit a verbal complaint.
The complaint shall be submitted by the complainant or his or her designee as soon as possible but
no later than 180 calendar days (waiver may be applied for a reasonable cause) after the alleged
violation to:
City Clerk’s Office
City Hall
15 Loockerman Plaza
Dover, DE 19903
302-736-7008
cityclerk@dover.de.us
If a complaint is submitted directly to a City Department, office, or staff member, the City
Department, office, or staff member shall forward the complaint to the City Clerk’s Office within 5
calendar days.
Within 10 calendar days after receipt of the complaint:
1. the City Clerk’s Office will have the City Solicitor review the complaint to determine if the
Dover Human Relation Commission has jurisdiction of the complaint and send the
complainant an acknowledgment letter informing her/him whether the complaint will be
investigated. This letter will also inform the complainant of his/her right to file directly with the
State of Delaware Division of Human and Civil Rights, or a federal agency;
2. if the City Solicitor finds jurisdiction, the compliant will be scheduled to be heard at the next
Dover Human Relations Commission meeting for review and a direction will be provided.
The Dover Human Relations Commission will notify the City Department that is the subject of
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Item #11.
the complaint and request a response to the complaint and will begin an investigation. The
investigation may include interviews of the complainant, City employees, contractors,
subcontractors, subgrantees, and witnesses to the alleged discrimination, as well as review
of any physical or written evidence.
The City Civil Rights Compliance Coordinator may attempt to conciliate and resolve the complaint
through a mutually agreeable solution. Any such informal resolution must be signed by both the City
Department that is the subject of the complaint and the complainant. Absent extenuating
circumstances, the City Civil Rights Compliance Coordinator will complete the investigation and
resolution efforts within 30 days after beginning the investigation.
An appropriate, prompt, and impartial investigation of any allegations filed under federal non-
discrimination statutes will be conducted. A preponderance of the evidence standard will be applied
during the analysis of the complaint. This investigation shall include collaboration with the City’s
Human Relations Commission.
When the City Civil Rights Compliance Coordinator determines that discrimination has occurred, and
an informal resolution is not reached, the City Civil Rights Compliance Coordinator shall determine
any necessary remedial actions and order the complained-of City Department to implement the
accepted recommendations.
Absent extenuating circumstances, the City Civil Rights Compliance Coordinator will provide a
written response to the complaint within 60 calendar days after beginning the investigation. The
Coordinator will issue one of three letters:
1. a closure letter summarizing the allegations and stating that there was not a violation and
that the case will be closed; or
2. a letter of resolution summarizing the allegations and describing the informal resolution
mutually agreed to by the complainant and the City Department about which the complaint
was submitted; or
3. a letter of finding (“LOF”) summarizing the allegations and the investigation of the alleged
complaint and explaining any remedial action to be taken by the City.
If the response does not satisfactorily resolve the issue, the complainant or the City Department may
appeal the decision to the City Manager within 15 calendar days after receipt of the response from
the City Civil Rights Compliance Coordinator. Within 30 calendar days after receipt of the appeal, the
City Manager or his or her designee will meet with the complainant and the affected City Department
to discuss the complaint and possible resolutions. The City Manager of his or her designee may also
interview witnesses and review any physical or written evidence. Within 30 calendar days after the
meeting with the complainant and City Department, the City Manager or his or her designee will
respond in writing to the complainant, with a final resolution of the complaint. The City Manager
contact information:
David S. Hugg, III
City Manager
15 Loockerman Plaza
Dover, DE 19903
302-736-7005
dhugg@dover.de.us
If at any time a delay is expected, the City Civil Rights Compliance Coordinator will notify the
complainant in writing of the reasons(s) for the delay and the expected date for a response.
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Item #11.
The City Civil Rights Compliance Coordinator shall maintain records of complaints received, informal
resolutions, investigation findings, appeals, and appeal decisions. The City Civil Rights Compliance
Coordinator shall document actions taken to resolve each complaint, communicate complaint activity
to the appropriate federal agency as required, and maintain copies of complaints and documentation
of their resolution for a period of not less than two (2) years.
The City Civil Rights Compliance Coordinator (through the City Clerks office) shall furnish a report to
the City Council at least annually regarding the number, nature, and status of complaints.
These procedures do not deny the right of the complainant to file a complaint with state or federal
agencies, or to pursue litigation for complaints alleging discrimination, intimidation, or retaliation of
any kind that is prohibited by law.
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Item #11.
A. Intake Form Front Page
THE CITY OF DOVER HUMAN RELATIONS COMMISSION
INTAKE FORM / DISCRIMINATION COMPLAINT FORM
Name of person or organization filing: (last name, first name, middle Home Phone: Business Phone: Fax:
initial) Mr. Miss Mrs. Ms. ( ) ( ) ( )
Street Address: City: County: State: Zip Code:
Identify the contact person that the Commission should notify:
List the name, address and telephone number of any person or organization that you believe should be invited to appear before
the Commission to help resolve your concern:
Summarize what has or will occur that has given rise to your concern. Use this space for a brief and concise statement of facts (who,
what, where, when, why, how). Additional details may be submitted on an attachment.
What relief or action is being requested?
Completion of the following questions is OPTIONAL:
Ethnicity: Black White Hispanic Asian Native American Other:
Sex: Male Female Age: Nation of Origin:
If Applicable, Basis of Discriminatory Action(s):
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Item #11.
A. Intake Form Front Page
NOTICE: ALL DOCUMENTS AND TESTIMONY PRESENTED TO THE HUMAN RELATIONS COMMISSION ARE
AVAILABLE TO THE PUBLIC AND THE PRESS.
Signature: Date:
This form was delivered to: (person) on (date),
located at (address).
This form was mailed to: (person) on (date),
located at (address).
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Item #11.
A. Intake Form - Back of Page
THE CITY OF DOVER HUMAN RELATIONS COMMISSION
RECORD OF ACTION
Case No.
CITY CLERK ACTION:
1. On (date), the INTAKE FORM was received by the City Clerk’s Office.
2. On (date), the concerns expressed in the INTAKE FORM were placed on the New
Business section of the Agenda for the Commission meeting to be held.
3. On (date), a copy of the INTAKE FORM was mailed to members of the Commission
along with the Agenda for the Commission meeting.
4. On (date), notice of the date, time and location of the Commission meeting at which
the concern(s) expressed in the INTAKE FORM will be considered by the Commission was mailed to the
following:
a.) the party(ies) filing the INTAKE FORM;
b.) the interested party(ies) identified in the INTAKE FORM; and
c.) the person(s) or entity(ies) who caused the concern(s) to be raised.
5. On (date), notice of the Commission’s final action was sent to the person(s) filing the
INTAKE FORM and the other party(ies) listed on the INTAKE FORM.
COMMISSION ACTION:
1. On (date), the Commission decided it did/did not have jurisdiction over the matters
set forth in the INTAKE FORM.
2. On (date), the Commission considered the matters set forth in the INTAKE FORM.
3. On (date), the Commission took the following action:
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Item #12.
FIRST READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-27
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Appendix F – Fees and Fines, Chapter 82. - Planning be amended by inserting the text
5 indicated in bold, blue, font and deleting the text indicated in red strikeout as follows:
6
7 Chapter 82. – Planning
8
Chapter 82. Planning Fees and Fines
Sec. 82-3. Planning services
(a) Zoning verification letters/administrative interpretations $50.00 $60.00 per
letter/interpretation
9
10 BE IT FURTHER ORDAINED:
11
12 That Appendix F – Fees and Fines, Appendix A. – Subdivisions be amended by inserting the text
13 indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
14
15 Appendix A. – Subdivisions
16
Appendix A. Subdivisions Fees and Fines
Article IV. Subdivision—Procedure
Subsec. A.2. Preapplication; filing fee $200.00 $225.00
Subsec. B.2. Preliminary layout; filing fee $325.00 $350.00
Subsec. C.3. Plat; review fee $200.00 $225.00,
plus $85.00 per acre
for the first ten acres,
$60.00 per acre for
the next ten acres and
$45.00 per acre for
each acre thereafter
Subsec. C.3. Plat; review fee—Minor lot line adjustment Plats for minor lot
line adjustments shall
require a review fee
of $150.00 $200.00
Subsec. C.3. Plat; review fee—Minor subdivision Plats for minor
subdivisions shall
require a review fee
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Item #12.
Proposed Ordinance #2024-27 – Amending Appendix F - Chapter 82, App A, and App B Page 2
of $150.00 $200.00
plus $15.00 $20.00
per lot
17
18 BE IT FURTHER ORDAINED:
19
20 That Appendix F – Fees and Fines, Appendix B. – Zoning be amended by inserting the text
21 indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
22
23 Appendix B. Zoning
24
Appendix B. Zoning Fees and Fines
Article 3. District Regulations
Sec. 24. Planned Neighborhood Design option (PND)
Subsec. 24.2. Review process—General sketch plan review fee, $100.00 $150.00
each application
Subsec. 24.8. Conditional use plan approval
Subsec. 24.81. Plan approval fee, each application $200.00 $250.00,
plus $10.00 $20.00
per acre
Subsec. 24.9. Site development preliminary subdivision plan review
Subsec. 24.91. Preliminary plan approval fee; each application $325.00 $350.00,
plus $20.00 $25.00
per acre
Subsec. 24.10. Final subdivision plat approval
Subsec. 24.101. Final subdivision plat approval; each application $250.00 $300.00
Sec. 28. Traditional Neighborhood Design Zone (TND)
Subsec. 28.4. Procedure; application for rezoning of a land area to a
TND zone
Subsec. 28.411. Minimum fee; each rezoning petition $325.00 $350.00
Subsec. 28.422. Implementation plan approval; each application $325.00 $350.00,
plus $10.00 per acre
Subsec. 28.434. Site development plan or subdivision plat; each $250.00 $300.00
application
Article 5. Supplementary Regulations
Section 4. Supplementary sign regulations
Subsec. 4.8. Unified campuses and complexes
Subsec. D.4. Submission requirements; application fee $200.00 $250.00, due
at time of application
Subsec. 4.9. Supplementary sign provisions
Subsec. D.1. Temporary signs; permit $50.00
Article 9. Board of Adjustment
Sec. 3. Procedure
Subsec. 3.4. All variance requests and appeals from an order,
requirement, decision or determination made by an administrative
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Item #12.
Proposed Ordinance #2024-27 – Amending Appendix F - Chapter 82, App A, and App B Page 3
official, board, or agency of the city shall be accompanied by a fee
All variance requests for residential uses $300.00 $325.00
All variance requests for nonresidential uses $600.00 $625.00
All appeals from an order, requirement, decision, or determination $300.00
made by an administrative official, board, or agency of the city
The board of adjustment may, in its discretion, return to the applicant
part or all of the fee paid by him in the event that his appeal under
section 2.1 (interpretation) hereof is partially or wholly successful.
The fees filed in connection with applications under section 2.2
(variances) shall not be returnable, regardless of disposition of the
case by the board
Article 10. Planning Commission
Sec. 1. Approval of conditional uses
Subsec. 1.52. Application procedure; conditional use permit; each $425.00 $450.00,
application plus $25.00 per acre
of the area or
multiple thereof
involved in the
application
Sec. 2. Site development plan approval
Subsec. 2.42. Fees—Application for administrative site plans $300.00 $3250.00
Subsec. 2.43. Fees—Application for site development plan $425.00 $450.00 plus
approval $25 per acre
Sec. 3. Historic district commission and architectural review
Subsec. 3.26. Procedures for an architectural review by the historic
district commission or planning commission
Subsec. (b) Application and fee for an architectural review $250.00
certificate
Sec. 5. Amendments
Subsec. 5.32. Application. Each application for a zoning map
amendment:
Minimum fee, in addition to required district supplemental fee $425.00 $450.00
One-family residence zones (R-8, R-10, R-15, and R-20); $25.00 per acre
supplemental fee
General residence zones, Medium density residence zones, and $50.00 per acre
Mobile home park zones (RG-0, RG-1, RG-2, RG-3, RG-5, RM-1,
RM-2, and MHP MH); supplemental fee
Commercial and office (C-1, C-1A, C-2, C-2A, C-3, C-4, CPO, $70.00 $75.00 per
RC and IO); supplemental fee acre
Shopping center development (SC-1, SC-2 and SC-3); $75.00 per acre
supplemental fee
Industrial zones (M, IPM, and IPM2 IPM2, and IPM3); $75.00 per acre
supplemental fee
25
26
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Item #12.
Proposed Ordinance #2024-27 – Amending Appendix F - Chapter 82, App A, and App B Page 4
27 BE IT FURTHER ORDAINED:
28 That the Effective Date of this schedule of application fees be established as September 1, 2024,
29 and any application filed to meet an application filing deadline set for after September 1, 2024,
30 be subject to these new rates.
31
32
33 ADOPTED: *
34 EFFECTIVE DATE: September 1, 2024
35
36 SYNOPSIS
37 This is a series of text amendments to the application filing fees for applications to the Planning Office for
38 administrative reviews and to the Board of Adjustment, Historic District Commission, and Planning
39 Commission. These are proposed to update the Schedule of Application Fees that were last amended in
40 December 2015 (Effective January 1, 2016). The application processes and procedures are outlined in the
41 Land Subdivision Regulations and the Zoning Ordinance (Dover Code of Ordinances, Appendix A –
42 Subdivisions and Appendix B – Zoning). (Planning Reference MI-24-07)
43
44 (SPONSORS: ANDERSON and ROCHA)
45
46
47 Action History
48 07/08/2024 – Scheduled for First Reading – City Council
49 06/25/2024 – Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration
50 Committee
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Item #13.
FINAL READING
City of Dover
CITY OF DOVER PROPOSED ORDINANCE #2024-22
WITH COMMITTEE AMENDMENT #1
WITH STAFF AMENDMENT #1
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 26 – Business, Article II – Licenses, be amended by inserting the text indicated in
5 bold, blue, italics and deleting the text indicated in red strikeout as follows:
6
7 Sec. 26-31. Definitions.
8
9 The following words, terms, and phrases, when used in this article, shall have the meanings
10 ascribed to them in this section, except where the context clearly indicates a different meaning:
11 Advertising agency means every person engaged in the business of displaying advertising
12 matter by billboards, posters or circulars, signs or window displays, or undertaking the writing or
13 composition of advertisements for other persons on a commission, rental, or flat fee basis.
14 Amusement operator means every person or company engaged in the business of exhibiting
15 public amusements, such as rides, games, demonstrations, and sideshows. This category shall
16 include circuses, amusement parks, and carnivals, but shall not include persons defined as
17 Entertainers.
18 Architect means every person engaged in the business of designing, planning, and technically
19 supervising the construction of any building, edifice, or other structural unit.
20 ATM machines (third-party or off bank premises) means each machine that offers limited or
21 full banking services.
22 Attorney-at-law means every individual duly admitted to the bar of any court of this state and
23 engaged in the active practice of such profession, whether self-employed or a member or employee
24 of a law firm or private corporation.
25 Auctioneer means every person engaged in the business of crying sales of real or personal
26 property on behalf of other persons for profit, except as otherwise provided by this article. No
27 auctioneer shall be authorized by virtue of the license granted to employ any other person to act as
28 auctioneer in his behalf, except in his own store or warehouse or in his presence, nor shall the term
29 "auctioneer" apply or extend to a judicial or executive officer making sales in pursuance of any
30 execution, judgment, or decree of any court, nor to public sales made by executors or
31 administrators.
32 Automobile race operator includes every person in the business of conducting motor vehicle
33 races for profit, including competition involving all recognized classes of stock, modified or sports
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Item #13.
Proposed Ordinance #2024-22 – Chapter 26 – Businesses, Art. II – Licenses, App. F Page 2
34 car, midget racers, drag racers, and every type of motor vehicle in any form of race, competition,
35 or time trial. For purposes of this license, motorcycle races shall be included in such definition.
36 Bank and loan and trust company mean each bank, or building and loan association, or trust
37 company, including non-deposit and limited-service banks.
38 Barber means every person operating a business of shaving the beard and cutting, trimming,
39 washing, waving, or otherwise dressing the hair of human beings.
40 Beautician means any person operating a business of doing work which is generally and
41 usually performed by so-called hairdressers, cosmetologists, beauticians, or beauty culturists and
42 however denominated in so-called hairdressing and beauty shops, which work is for the
43 embellishment, cleanliness, and beautification of women.
44 Bottler means any person engaged in the business of bottling from the bulk all beverages
45 commonly known as soft drinks, whether the beverages shall be prepared in whole or in part by
46 the bottler.
47 Broadcasting station includes every person engaged in the business of transmitting radio or
48 television communications over assigned frequency and wave lengths and subject to the
49 jurisdiction of the Federal Communications Commission.
50 Broker means every person operating a business of buying and selling for the account of other
51 persons for a commission or for profit, stocks, bonds, currency, negotiable paper, securities, and
52 any other intangible personal property.
53 Car wash includes every person operating a continuing business of cleaning, washing, or
54 waxing motor vehicles for profit and not for charitable or educational purposes.
55 Certified public accountant means every individual qualified and registered under the laws
56 of the state to practice as a certified public accountant and engaged in the active practice of such
57 profession, whether self-employed or a member or employee of a firm or private corporation.
58 Cesspool cleaner means every person engaged in the business of cleaning cesspools for profit
59 or reward.
60 Chiropodist and podiatrist mean every person engaged in the practice of caring for the feet
61 of human beings.
62 Chiropractor means every person engaged in the practice of treating human ailments by
63 means of muscular or bone manipulation.
64 Clinical social worker includes every person qualified under the laws of the state to practice
65 social work and engaged in active practice of such profession.
66 Coin-operated amusement machine owner means any person engaged in the business of
67 owning and operating, on his own account or by his agent, or leasing to or placing with another on
68 a commission or other basis, any coin-operated machine, device, or table upon or by means of
69 which games are played by the general public for amusement and entertainment, but not for the
70 purpose of obtaining any money or other thing of value.
71 Coin-operated vending machine owner means any person engaged in the business of owning
72 and operating, on his own account or by his agent, or leasing to or placing with another on a
73 commission or other basis, any coin-operated vending machine, contrivance or device which, upon
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74 the insertion of a coin, slug, token, plate, disc or key into any slot, crevice or other opening, or by
75 the payment of any price, operates or may be operated for the emission of goods or services. Coin-
76 operated stamp vending machines owned by the United States government and any pay telephone
77 shall be exempted from any taxation.
78 Coin-operated video machine means any person engaged in the business of owning and
79 operating, on his own account or by his agent, or leasing to or placing with another on a
80 commission or other basis, any coin-operated video machine, device, or table upon or by means of
81 which games are played by the general public for amusement and entertainment, but not for the
82 purpose of obtaining any money.
83 Commercial sign business includes all persons engaged in an outside sign advertising
84 business consisting of the erection, construction, maintenance, or leasing of outside signs, bulletin
85 boards, and poster boards.
86 Computer-related services includes persons or companies engaged in computer program-
87 related services, system designing and consulting, computer processing and data preparation and
88 processing, information retrieval, computer facilities management, and computer maintenance and
89 repair.
90 Consultant means every person operating a business, not more specifically defined otherwise
91 in this section, who gives expert advice for profit or reward.
92 Contractor means any person or company, whether operating from a place within the city or
93 not, engaged in the business of the construction, alteration, repairing, dismantling, or demolition
94 of buildings, roads, bridges, sewers, water and gas mains and every other type of structure within
95 the definition of real estate, including all subcontractors.
96 Day care operator means any person or company that provides care, supervision, and
97 guidance for six or more children or dependent adults.
98 Dentist means every person qualified under the laws of the state to practice dentistry and
99 engaged in active practice of such profession.
100 Distributor means every person engaged in the business of distributing samples, handbills, or
101 posters for compensation or on commission.
102 Drayperson and mover mean every person operating a business of transporting for profit
103 tangible personal property of other persons.
104 Eating establishment means any restaurant, coffee shop, cafeteria, short order cafe,
105 luncheonette, tavern, sandwich stand, soda fountain, drink stand and all other public eating
106 establishments where food is prepared, handled and served to the public at wholesale or retail
107 prices or for no price at all, as well as kitchens and other places in which food is handled or
108 prepared for sale elsewhere to the public, provided that food processing and distributing
109 establishments that do not sell prepared food to the public directly are not included in such
110 definition.
111 Eating establishment operator means any person engaged in the business of operating a
112 public place for the sale of food prepared or consumed on the premises for the accommodation of
113 casual visitors.
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114 Employment agent means every person operating, for profit, a business of hiring laborers or
115 securing positions for other persons to be employed within the limits of the state.
116 Entertainer means every person or group of persons, whether operating from within the city
117 or not, performing together and engaged in the business of entertaining the public in the city
118 through live or recorded music, theater, or dance.
119 Entertainment agent or operator means persons or companies in the business of collecting
120 fees or commissions, or other payment for furnishing live or recorded music, theater, or dance
121 entertainment, whether in their own place of business or in the place of another.
122 Finance or small loan agency includes every person engaged in the business of lending
123 money, with or without security, to other persons, with repayments of the loans to be made by
124 installments or otherwise, but shall not include, either in reference to future or past transactions,
125 banks, or trust companies.
126 Fitness trainer means every person operating a business, whether full-time or part-time, of
127 providing physical training services to paying clients.
128 Food truck means any mobile or temporary cooking operation that stores, transports,
129 cooks, prepares, serves, or sells food and/or drinks. Any cooking apparatus or equipment
130 operated on a one-time basis, interim basis, or for less than 90 days in the same location,
131 other than at a fixed location, building, or structure that has been inspected and permitted
132 by the City of Dover Fire Marshal’s Office, City of Dover Licensing Office, and State of
133 Delaware Public Health.
134 Funeral director means every person engaged in the business and qualified under the laws of
135 the state to be so engaged as funeral directors and in active conduct thereof.
136 Gaming position means every individual space or seat, whether standing or sitting, authorized
137 to conduct gaming activities as identified on an approved floor plan.
138 General repairman means every person operating a business of repairing, reconditioning, or
139 otherwise restoring to useful service personal property of every kind and description not otherwise
140 provided for under this section.
141 Gas, light, and power company and cable TV and telephone company include the license fee
142 for utilities, provided that this license does not cover sales of appliances or equipment for which a
143 separate license shall be required.
144 Health spa and health club include every person engaged in the business of operating private
145 health, weight control, or physical culture facilities designed to establish and maintain the optimum
146 weight or physical conditioning of other persons.
147 Home daycare operator means any person that provides care, supervision, and guidance for
148 six or fewer children in an occupied residence excluding dependents of the operator or close
149 relatives.
150 Hotel includes every person engaged in the business of operating a place where the public
151 may, for a consideration, obtain sleeping accommodations and meals and which, within city limits,
152 has at least ten permanent bedrooms for the use of guests.
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153 Income tax consultant means every person, not licensed as an attorney or accountant under
154 this section, engaged in the business of providing federal or state income tax assistance to other
155 persons for a fee.
156 Incorporator includes every person operating a business or procuring corporate charters or
157 acting as resident, registration, or transfer agent of domestic corporations, except attorneys-at-law
158 having a license to practice such profession in this state.
159 Insurance adjustor office includes any person engaged in the business of settling claims for
160 any insurance company or for any other purpose where insurance is involved, and a fair appraisal
161 must be made of the loss, injury, or damage.
162 Itinerant merchant means any person, whether as owner, agent, or employee, who engages in
163 a temporary business of selling and delivering goods, prepared foods, beverages, wares, or
164 merchandise within the city who is not located within a licensed "open market," as defined by this
165 article, or participating in a "nonprofit sponsored event," as defined in this article, shall be required
166 to obtain an itinerant merchant's license for each event or holiday season during which the itinerant
167 merchant operates. The term "event" means any three-week period during which a special
168 occurrence or holiday falls.
169 Janitorial and cleaning service includes persons or companies engaged in the business of
170 maintaining and cleaning building and structures, including pool maintenance services, in-house
171 rug and carpet cleaners, and house washing businesses.
172 Land lease community operator includes every person engaged in the business of providing
173 home sites and facilities, for rent or lease, to owners of separately owned dwellings, including
174 owners of mobile homes and manufactured homes.
175 Landscape services includes persons or companies, whether operating from a place within
176 the city or not, engaged in the business of designing or maintaining lawns, trees, bushes, or other
177 ornamental plants, including but not limited to tree surgeons, grass cutting services, and landscape
178 architects.
179 Laundry service operator means every person engaged in the business of operating a laundry,
180 including coin-operated self-service laundries, and/or of securing goods or fabrics to be so
181 laundered, whether the actual work of laundering such goods or fabrics is done within or without
182 the state.
183 Linen supplier means every person actively engaged in holding himself out to do the business
184 of supplying, furnishing, or making available coats, caps, aprons, uniforms, towels, dresses,
185 diapers, industrial wipers, smocks, linens, or other like articles and laundering and otherwise
186 renewing such supplies for profit.
187 Manicurist means every person operating a business of caring for the appearance of hands.
188 Manufacturer means any person, as owner or agent, in the practice, conduct, pursuit, or
189 carrying on the business of working raw materials into products of a different character, finished
190 or unfinished, or of effecting any combination or composition of material, the nature of which is
191 changed; or of finishing, by hand or machinery, goods, wares, or merchandise, or any article or
192 material.
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193 Manufacturer's agent or representative means every independent contractor in the business
194 of representing one or more manufacturers for purposes of promoting the sale of the goods,
195 product, or line of goods or products of such manufacturer or manufacturers within the city.
196 Massage and bodywork therapist shall mean a person who represents himself or herself
197 to the public by any title or description of services incorporating the words “bodywork”,
198 “massage”, “massage therapist”, “massage therapy”, “massage practitioner”, “massagist”,
199 “masseur”, “masseuse”, or who engages in the practice of massage and bodywork for a fee,
200 monetary, or otherwise.
201 Mercantile agency and collection agency include every person operating a business or
202 investigation of financial ratings and credit and/or the collection of commercial accounts for other
203 persons, except attorneys-at-law having a license to practice such profession in this state.
204 Merchant means any person, as owner or agent, in the business of buying and selling
205 merchandise for cash or by barter, or engaged in prosecuting, following, or carrying on a retail or
206 wholesale business by purchasing and selling produce, goods, wares, or any property of whatever
207 description.
208 Motel includes every person engaged in the business of furnishing, for a consideration,
209 transient guests with sleeping accommodations, private bath and toilet facilities, linen service, and
210 a place to park an automobile and who is not in the business of operating a "hotel" or "tourist
211 home," as such terms are defined in this section.
212 Motion picture theater includes every person engaged in the business of displaying motion
213 pictures for public entertainment, regardless of the physical location of the projection facilities,
214 and shall include drive-in theaters.
215 Motor vehicle serviceman means every person operating a business of repairing, rebuilding,
216 repainting, or otherwise reconditioning motor vehicles or their parts.
217 NAICS means the North American Industry Classification System developed by the United
218 States Census Bureau and published as a manual. The NAICS was developed for use in the
219 classification of establishments by type of activity in which they are engaged. The licensing officer
220 shall use the NAICS to assist in the determination of license classes for this article and shall keep
221 a current copy of the NAICS on file in the licensing office.
222 Nursing, rest, or convalescent home (private) includes every person engaged in the business
223 of operating any institution, building, or agency in which accommodation is maintained, furnished,
224 or offered for any fee, gift, compensation, or reward for the care of aged, infirm, chronically ill, or
225 convalescent persons.
226 Online sales means any person conducting a business entirely on the internet. This
227 category shall include but not be limited to businesses selling goods and services online as a
228 home-based business.
229 Open market operator means any person or company primarily engaged in the business of
230 renting space, on a temporary or limited basis, to persons or businesses selling products and
231 services. This category shall include but not be limited to flea markets, bazaars, farmers' markets,
232 and common areas of shopping malls available for lease. Persons or businesses operating from
233 open markets shall not be required to obtain licenses under this Code.
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234 Optometrist includes every person qualified under the laws of the state to practice optometry
235 and engaged in active practice of such profession.
236 Pawnbroker means every person operating a business of lending money on pledge of tangible
237 personal property or purchasing the same on the condition of returning it to the seller at a stipulated
238 price and of selling the property in default of the pawner.
239 Payment means the annual license taxes paid by persons engaged in the occupations listed
240 and defined in this section, at the rates specified in section 26-35(d). In addition to the annual
241 license fee indicated in such section, each such person shall pay a fee for each additional separate
242 branch or business location.
243 Pest control services includes persons or companies engaged in the business of exterminating
244 or controlling vermin from structures or properties.
245 Pharmacist means every person qualified under the laws of the state to practice pharmacy
246 and engaged in active practice of such profession.
247 Photographer means every person operating a business of taking, making and/or developing
248 photographs or pictures by action of light, for profit or reward.
249 Physical therapist means every person operating a business of practicing physical therapy as
250 defined in 24 Del. C. § 2601 et seq.
251 Physician and surgeon mean every individual qualified under the laws of the state to practice
252 medicine, osteopathy, and surgery, and engaged in active practice of such profession, whether self-
253 employed or a member or employee of a firm or private corporation.
254 Plant nursery and florist include every person in the business of operating a place where trees,
255 shrubs, plants, flowers, and the like are cultivated, grown, or propagated from seed or otherwise
256 for transplanting, for use as stock, for grafting, and for sale. Persons purchasing trees, shrubs,
257 plants, flowers, and the like for resale are subject to the appropriate license fee in this article.
258 Pool table operator means every person operating a business of maintaining pool or billiard
259 tables for public use.
260 Printer means any person engaged in the business of impressing letters or characters upon
261 paper or other substance by mechanical act.
262 Private investigator agency includes every person engaged in the business of practicing as a
263 private investigator as defined in 24 Del. C. § 1301 et seq., provided nothing in this definition shall
264 be construed to include any person exclusively employed as a guard, security officer or private
265 patrol officer.
266 Professional counselor means every person qualified under the laws of the state to practice
267 counseling and engaged in active practice of such profession.
268 Professional engineer means every individual qualified under the laws of the state to practice
269 professional engineering and is engaged in active practice of such profession, whether self-
270 employed or a member or employee of a firm or private corporation offering professional
271 engineering services to the general public.
272 Professional land surveyor means every individual who is a professional specialist in the
273 techniques of the principles of mathematics and the related sciences; is experienced in the
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274 application of the principles of mathematics and the related sciences; understands the relevant
275 requirements of law for the presentation of adequate assistance relating to property descriptions
276 and the surveying of real property; is efficient in the practice of land surveying; and holds a valid
277 certificate to practice land surveying as defined by the state.
278 Psychologist means every person qualified under the laws of the state to practice psychology
279 and engaged in active practice of such profession.
280 Public accountant means every person actively operating a business of general public
281 accounting, who is not qualified and registered under the laws of the state to practice as a certified
282 public accountant.
283 Public stenographer means every person operating a business, whether full-time or part-time,
284 of providing stenographic services to the general public.
285 Publisher includes any person engaged in the business of manufacturing, promulgating, or
286 selling books, pamphlets, magazines, newspapers, or other literary productions, or issues or causes
287 to be issued books, pamphlets, magazines, newspapers, or other literary productions from the
288 press, for sale or for circulation.
289 Real estate brokers of record, appraisers, and property managers mean and include every
290 person or company, whether operating from the city or not, either certified by the state real estate
291 commission as brokers or appraisers engaged in the real estate business and/or those engaged in
292 real estate property management, whether owned by the management company or when acting as
293 an agent. The term includes those among such persons who deal exclusively or partly with rental
294 property. Persons or companies that combine one or more of these services shall pay for one license
295 only.
296 Real estate development corporation means every person or company in the business of real
297 estate development.
298 Real estate property manager means every person or company, whether operating from the
299 city or not, in the business of real estate rental property management and not required to be licensed
300 as a real estate broker of record, appraiser, or real estate agent by the state real estate commission.
301 Real estate salesperson or associate broker means every person, whether operating from
302 within the city or not, certified as such by the state real estate commission, and engaged in the real
303 estate business. Such term includes those among such persons who deal exclusively or partly with
304 rental property.
305 Rental services includes persons or companies engaged in the business of renting equipment,
306 motor vehicles, machinery, tools, furniture, videotapes and games, electronic sound, computer or
307 video systems, tents, and any other article.
308 Sales representative means every person, whether operating from a place within the city or
309 not, who works selling or supplying goods, commodities, or merchandise from place to place,
310 including fuel, food, services, goods, wares, and other articles. The term shall include peddlers,
311 home demonstrators, solicitors, and hucksters.
312 Schools and educational services (nonvocational) includes persons or companies engaged in
313 the business of providing instruction in areas of knowledge and skill not intended or principally
314 designed to provide a career. This definition shall include but is not limited to nonvocational art,
315 music, dance, driving, charm, and athletic instruction.
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316 Schools and educational services (vocational) includes persons or companies engaged in the
317 business of providing instruction in areas of knowledge and skill intended or designed to provide
318 a career. This definition shall include but is not limited to barber, beautician, and modeling
319 instruction.
320 Scientific laboratory includes every person who operates, as a private business for a profit, a
321 scientific or medical laboratory offering testing, research, analytical, and other such technical
322 services to the public.
323 Scrap and waste material dealer includes every person or company engaged in assembling,
324 breaking up, sorting, and distributing, either wholesale or retail, scrap, or waste material of all
325 compositions, including but not limited to junkyards, salvage yards, and recycling centers.
326 Security services includes every person or company engaged in the business of providing
327 private security services, including security officers, guards, or private patrol officers.
328 Shoe repairman means any person engaged in the business of repairing or rebuilding shoes.
329 Tailor and garment services include persons or companies who make repairs and alterations
330 to clothes and other fabric products, including textile renovators.
331 Taxicab or bus operator means every person in the business of the operation of motor vehicles
332 in transporting persons for hire in the accommodation of the general public. The tax shall not apply,
333 however, in the operation of school buses used solely in the transportation of children to and from
334 kindergarten, grade school, vocational school, and high school.
335 Tourist home includes every person who operates a place where tourists or transient guests,
336 for a consideration, may obtain sleeping accommodations and which has at least two permanent
337 bedrooms for the use of tourists or transient guests and who is not in the "hotel" or "motel" business
338 as defined in this section.
339 Travel agency includes every person who operates a full-service travel bureau which assists
340 in the planning and acquisition of tickets for trips of its customers by land, sea, or air and for related
341 accommodation, and includes transportation agents who sell tickets on behalf of others, for
342 commission, and airline ticket sales offices.
343 Veterinarian means every person qualified under the laws of the state to practice veterinary
344 medicine and engaged in active practice of such profession.
345 Warehouseman Warehouse Operator means every person operating a business of public
346 storage of tangible personal property, including all services in connection therewith.
347 Wholesale news agency includes every person engaged in the business of conducting a
348 wholesale news agency, except any such person who is licensed as a merchant under city
349 ordinance.
350
351 Sec. 26-35. License required; fees.
352 (a) Nonprofessional service businesses. Except where expressed by definition in section 26-
353 31, nonprofessional service businesses shall pay an annual license fee for each store, place
354 of business or vehicle from which the licensee conducts the business operated within the
355 city.
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356 (b) Professional services. Persons engaged in professional services, such as accountants,
357 certified or public, landscape architects, architects, optometrists, lawyers, dentists,
358 physicians and surgeons, psychologists, physical therapists, podiatrists, professional
359 engineers, and veterinarians shall pay an annual license fee for engaging in such
360 professional services within the city.
361 (c) Corporate employees. No license shall be required of any individual practicing a profession
362 or trade who is in the employ of any corporation licensed under any other provision of this
363 article and who does not practice his profession, except in his capacity as an employee of
364 such corporation and, provided further, that no attorney in the employ of any such
365 corporation shall be required to obtain a license under this section so as to fulfill
366 assignments made to him by any state court.
367 (d) Businesses licensed.
368 (1) No person shall conduct or engage in any of the following trades, businesses, or
369 occupations within the city without a license and paying the appropriate fee as provided
370 for in Appendix F—Fees and Fines.
371 (2) Manufacturers and contractors shall pay a license fee as provided for in Appendix F—
372 Fees and Fines.
373 (3) Merchants and bottlers shall pay a license fee as provided for in Appendix F—Fees and
374 Fines.
375 (4) Sports betting and horse racing (Simulcast) shall be licensed for each activity and shall
376 pay a license fee as provided for in Appendix F—Fees and Fines.
377
378 Sec. 26-36. Determination of license fee; duties of license officer; refunds.
379 (a) Generally. License fees shall be in the amounts established in this article, and as further
380 determined in this section.
381 (b) Duties of license officer. The license officer shall:
382 (1) Higher fee. Require the payment of an additional or higher license fee, to be prorated
383 for the balance of the license period, when a licensee places himself in that status under
384 this article by:
385 a. Increasing the number of his employees.
386 b. Expanding the size of his business, plant, or premises.
387 c. Increasing the number or size of his vehicles.
388 d. Making any other lawful and material change of any kind in his business.
389 (2) Partial refund. Refund a proportion of the amount of fee already paid, prorated for the
390 balance of the license period, upon notification by a licensee of his voluntary retirement
391 from business.
392 (3) Late commencement of business. Prorate the license fee quart