CPMCBA Packet Redacted

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, July 17, 2024 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Conference Room with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/xl05qg Event number: 2531 552 0362 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. CALL TO ORDER ADOPTION OF AGENDA 1. Election of Chair 2. Property Maintenance Code Citation (Chapter 3 - General Requirements, Section 302.3— Sidewalks and Driveways) - Appeal of Citation and Fines- 650 Bay Road (Dover Bay Court Plaza, LLC) 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

CHAPTER 3 GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather-resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land: the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; ac oessory structures, extermination of insects and rodents; access bari- ers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities. s—0306$6—6—030nhRann—aOroeoas=oa@>®>ammRwTquQqOQoqQqqoo SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require- ments of this chapter. Occupants of a divelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein So as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi- tion, 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon, Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURIS- 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shal] be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation, 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another fenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth, Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. "1

June 26, 2024 Dover Bay Court Plaza, LLC C/O John W. Paradee, Esquire 6 South State Street Dover, DE 19901 Re: Appeal of Citation #24-00001498 and Related Fines — Parking lot repair— 650 Bay Road Dear Mr. Paradee, We have received your request to appeal the citation and fines related to the violation of the 2009 International Property Maintenance Code Chapter 3 — General Requirements, Section 302.5 — Sidewalks and Driveways at 650 Bay Road, Dover, Delaware. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday, July 17, 2024, at 3:30 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 with electronic access via WebEx, which may be accessed through a computer, smartphone, or a telephone call. Below, | have listed the information needed to access the meeting electronically. If you have any additional documentation that you would like the Board to review when considering your appeal, please provide this information to the City Clerk’s Office prior to the appeal hearing. Please feel free to contact me by email at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-650-479-3208 Link: https://rb.gy/xl05qg Event number: 2531 552 0362 Event password: DOVER (if needed) Andria L. Bennett City Clerk ce: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Sharon Duca, Assistant City Manager Dawn Melson- Williams, Principal Planner Eddie Kopp, Chief Code Enforcement Officer Sierra Brown, Code Enforcement Officer P.O. Box 475 # Dover, Delaware #19903 [=] Community Excellence Through Quality Service

JOHN W. PARAD ce Be BAIRD 302.677.0061 » | DB MAN DALAS john@bmbde.com umm BROCKSTEDTY June 20, 2024 VIA ELECTRONIC & REGULAR MAIL Sierra Brown Code Enforcement Officer City of Dover Inspections Department 15 Loockerman Plaza Dover, Delaware 19901 RE: Notice of Appeal for Case/Citation #24-00001498 Lands of Dover Bay Court Plaza, LLC Tax Parcel #ED-05-077.00-01-160.00-000 650 Bay Road, Dover, Delaware Dear Ms. Brown: Please be advised that this law firm represents Dover Bay Court Plaza, LLC (the “Owner”), the owner of certain lands and premises located at 650 Bay Road, Dover, Delaware, otherwise identified as Tax Parcel #ED-05-077.00-01-160.00- 000 (the “Property”’). Please accept this letter as the Owner’s formal written appeal of (1) your determination that the Property is in violation of Section 302.3 of the International Property Maintenace Code of 2009, as adopted by Section 22-221 of the City of Dover Code, and (2) your citation #24-00001498 issued on June 6, 2024. At your earliest convenience, please advise when the Owner’s appeal may be properly heard (presumably, by the City’s Construction and Property Maintenance Code Board of Appeals). Thank you for your prompt attention. 6 South State Street | Dover, Delaware 19901 | 302-677-0061 | 302-677-0065 www.bmbde.com Dover | LEWES | WILMINGTON/GEORGETOWN [+]

Sierra Brown June 20, 2024 Page 2 Very truly yours, W. Paraflee JWP/lwr cc: Michael Turick (Capano Management)

Code Enforcement 15 Loockerman Plaza ovine «=» AY of saover Phone: (302) 736-7011 Fax: (302) 736-4217 Setar’ Dover, DE 19901 OFFICIAL CITATION Citation # 24-00001498 DOVER BAY COURT PLAZA LLC 105 FOULK RD WILMINGTON DE 19803 Location of Offense: 650 BAY RD type of Offense: PROPERTY MA LNTENANCE-EXTERIOR Date of Offense: June 6, 2024 - Time of Offense: Vi:17 Date of Issue: June 6, 2924 You are hereby fined fo! being in violation of the City of Dover Ordinance marked (x) below. Payment must be received by The city of Dover Inspections Dept., 15 Loockerman Plaza, Dover, Delaware prior to June 21, 2024. Appeals for this citation may be submitted in writing to the city of Dover Inspections Department at the above address. This appeal must be made within 30 days of the date of the offense. the City reserves the right to use its own If the vielation is not corrected, the below violationis) and to resources oc those of a contractor to abate bill the owner of the property for such cost-plus administrative fees. Every citation assued is a separate offense/fee. The amount listed below 18 his issued citation and does not reflect the outstanding intended solely for t balance that may be owed. It is the responsibility of the property owner to a total of the balance owed ensure all outstanding balances are paid. For for this case contact the Division of Code Enforcement. Correcting the violation(s) does not dismiss or resolve this citation. All citations issued will remain due until paid in full. Aeon Sierra Brown Code Enforcement Officer Violation: (X) FAILURE TO REPAIR/REPLACE PARKING LOT Sec No: DCO 22-221/2009 PM 302.3 SIDEWALKS AND DRIVEWAYS Fine as per code: $100.00 www.cityofdover.com/codeenforcement Community Excellence Through Quality Service

Phone: (302) 736-7011 Fax: (302) 736-4217 nvr «== ALY OF Hover Code Enforcement 15 Loockerman Plaza Dover, DE 19901 SECOND NOTICE June 6, 2024 DOVER BAY COURT PLAZA LLC 105 FOULK RD WILMINGTON DE 19803 RE: Property Address: 650 BAY RD Tax Parcel Number: FD-05-077 .00-01-160. 000-000 Case Number: 24-00001498 Dear SIR/MADAM: Brown with the City of On May 02, 2024, Code Enforcement Officer Sierra The Dover, Department of Inspections conducted an inspection at 650 BAY RD. inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. A follow-up inspection was fot scheduled for this case, or the re-inspection revealed that the violation(s) remain. Enclosed is 4 Citation for failure to correct the violation(s). An additional inspection must be scheduled by duly 05, 2024. Failure to comply will result im an additional citation and if the property is a rental unit, may result in the suspension of the rental license. It is the responsibility of the property owner/agent to contact this office to schedule all inspections. Please contact this office with a date and time to conduct your re- inspection. You are not required to contact this office if the re-i is for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice, please contact me at (302) 736-7011. nspection Sincerely, Sierra Brown Code Enforcement Officer cc: File www.cityofdover.com/codeenforcement Community Excellence Through Quality Service

VIOLATION DETAIL CASE NUMBER 24-00001498 PROPERTY ADDRESS 650 BAY RD VIOLATION: 256 QUANTITY: 1 DESCRIPTION: 256 REPAIR/ REPLACE PARKING LOT DATE: 5/02/24 LOCATION: PARKING LOT NARRATIVE : REPAIR/ REPLACE THE DETERIORATED PARKING LOT AND BRING TO A FINISHED CONDITION. ORDINANCE DESCRIPTION : SECTION PM 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. CORRECTIVE ACTION REQUIRED Repair or replace the dete and/or fire lanes. riorated parking lot, drive lanes PAGEL at

Phone: (302) 736-7011 Fax: (302) 736-4217 Code Enforcement 15 Loockerman Plaza Dover. DE 19901 May 2, 2024 DOVER BAY COURT PLAZA LLC 105 FOULK RD WILMINGTON DE 19803 RE: Property address: 650 BAY RD Tax Parcel Number: ED-05-077.00-01-160.000-000 Case Number: 24-00001498 Dear SIR/MADAM: On May 02, 2024, Code Enforcement Officer Sierra Brown with the City of Dover, Department of Inspections conducted an inspection at 650 BAY RD. Attached are the Code violations found during the inspection. A follow-up inspection must be conducted by June 03, 2024, to ensure compliance. Failure to comply will result in citation(s) being issued. It is the responsibility of the property owner/agent to contact this office to schedule all inspections. Please contact this office with a date and time convenient for you to conduct the re-inspection. You are not required to contact this office if the re- inspection is for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice, please contact me at (302) 736-7011. Sincerely, Sierra Brown Code Enforcement Officer cc: File www.cityofdover.com/codeenforcement Community Excellence Through Quality Service

VIOLATION DETAIL CASE NUMBER 24-00001498 PROPERTY ADDRESS 650 BAY RD QUANTITY: VIOLATION: 256 DESCRIPTION: 256 REPAIR/REPLACE PARKING LOT DATE: LOCATION: PARKING LOT NARRATIVE PAGE Item 2. 5/02/24 REPAIR/REPLACE THE DETERIORATED PARKING LOT AND BRING TO A FINISHED CONDITION. ORDINANCE DESCRIPTION SECTION PM 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from hazardous conditions. CORRECTIVE ACTION REQUIRED : Repair or replace the deteriorated parking lot, drive lanes and/or fire lanes. 1

Brown, Sierra D From: Kopp, Eddie L Sent: Thursday, May 2, 2024 3:01 PM To: Brown, Sierra D Subject: Fw: EXTERNAL: City of Dover Code Enforcement Complaint Form-Public Eddie Happ Chief Code Enforcement Officer City of Dover, Delaware 302- 760-4929 Phone 302-736-4217 Fax ekopp@dover.de.us From: noreply@formstack.com <noreply@formstack.com> Sent: Thursday, May 2, 2024 12:50 To: Kopp, Eddie L <ekopp@dover.de.us>; Brown, Matthew <mbrown@dover.de.us> Subject: EXTERNAL: City of Dover Code Enforcement Complaint Form-Public WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. [All formstack Formstack Submission For: City of Dover Code Enforcement Complaint Form-Public Submitted at 05/02/24 12:50 PM DATE AND TIME OF COMPLAINT May 02, 2024 12:23 PM

= ADDRESS OF PROPERTY IN 650 South Bay RD VIOLATION Dover, DE 19904 IS THE PROPERTY OCCUPIED HOW LONG HAS THIS ISSUE BEEN PRESENT? 5 years This is a Capano commercial shopping center where customers must drive in and out daily. The avenues of travel to enter and leave are riddled with pot holes. Most are at least 3’ wide and 6" deep. You can not avoid 1 pot hole without hitting another. Now there is a drainage grate that has collapsed and is hanging by a thread. Customers RIPTION OF THE are having major damage to their cars. Calling Capano PLAINT: about the unsafe conditions has not resulted in any repairs. The lot continues to get more and more dangerous. Although privatly owned | assume the owner of this shopping center has to meet Dover's standards for safety and public usage. Please let me know if you need pictures or documentation of costly repairs resulting for the lots condition. Ty Oat ' rn a YES f BL IC PW + 1B R i YES if WE CAN NOT SEE IT FROM TH PUBLIC WA FOUR COT NTTOENT {OUR YES PROPERTY TO VIEW AND SOCUMENT THE VIOLATION NT YES, BY EMAIL JPLOA A PICTURE TH . : : View File IOLATION AILABLE

ight © 2024 Formstack, LLC, All rights reserved. This is a customer service € nail Copyt Formstack, 11671 Lantern Road, Suite 300, Fishers, IN 46038

CHAPTER 3 GENERAL REQUIREMENTS User note: About this chapter: Chapter 3 is broad in scope and includes a variety of requirements for the maintenance of exterior property areas, as well as the interior and exterior elements of the structure, that are intended to maintain a minimum level of safety and sanitation for both the general public and the occupants of a structure, and to maintain a building's structural and weather-resistance performance. Specifically, Chapter 3 contains criteria for the maintenance of building components; vacant structures and land: the safety, sanitation and appearance of the interior and exterior of structures and all exterior property areas; ac oessory structures, extermination of insects and rodents; access bari- ers to swimming pools, spas and hot tubs; vehicle storage and owner/occupant responsibilities. s—0306$6—6—030nhRann—aOroeoas=oa@>®>ammRwTquQqOQoqQqqoo SECTION 301 GENERAL 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for maintenance of structures, equipment and exterior property. 301.2 Responsibility. The owner of the premises shall main- tain the structures and exterior property in compliance with these requirements, except as otherwise provided for in this code. A person shall not occupy as owner-occupant or permit another person to occupy premises that are not in a sanitary and safe condition and that do not comply with the require- ments of this chapter. Occupants of a divelling unit, rooming unit or housekeeping unit are responsible for keeping in a clean, sanitary and safe condition that part of the dwelling unit, rooming unit, housekeeping unit or premises they occupy and control. 301.3 Vacant structures and land. Vacant structures and premises thereof or vacant land shall be maintained in a clean, safe, secure and sanitary condition as provided herein So as not to cause a blighting problem or adversely affect the public health or safety. SECTION 302 EXTERIOR PROPERTY AREAS 302.1 Sanitation. Exterior property and premises shall be maintained in a clean, safe and sanitary condition. The occu- pant shall keep that part of the exterior property that such occupant occupies or controls in a clean and sanitary condi- tion, 302.2 Grading and drainage. Premises shall be graded and maintained to prevent the erosion of soil and to prevent the accumulation of stagnant water thereon, or within any struc- ture located thereon, Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. Sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept in a proper state of repair, and maintained free from haz- ardous conditions. 302.4 Weeds. Premises and exterior property shall be main- tained free from weeds or plant growth in excess of [JURIS- 2018 INTERNATIONAL PROPERTY MAINTENANCE CODE® DICTION TO INSERT HEIGHT IN INCHES]. Noxious weeds shall be prohibited. Weeds shal] be defined as all grasses, annual plants and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers and gardens. Upon failure of the owner or agent having charge of a property to cut and destroy weeds after service of a notice of violation, they shall be subject to prosecution in accordance with Section 106.3 and as prescribed by the authority having jurisdiction. Upon failure to comply with the notice of viola- tion, any duly authorized employee of the jurisdiction or con- tractor hired by the jurisdiction shall be authorized to enter upon the property in violation and cut and destroy the weeds growing thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 302.5 Rodent harborage. Structures and exterior property shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly extermi- nated by approved processes that will not be injurious to human health. After pest elimination, proper precautions shall be taken to eliminate rodent harborage and prevent rein- festation, 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blow- ers shall not discharge gases, steam, vapor, hot air, grease, smoke, odors or other gaseous or particulate wastes directly on abutting or adjacent public or private property or that of another fenant. 302.7 Accessory structures. Accessory structures, including detached garages, fences and walls, shall be maintained structurally sound and in good repair. 302.8 Motor vehicles. Except as provided for in other regula- tions, inoperative or unlicensed motor vehicles shall not be parked, kept or stored on any premises, and vehicles shall not at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehi- cles is prohibited unless conducted inside an approved spray booth, Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. "1

SENDER: COMPLETE THIS SECTION Complete items 1, 2, and 3. § Print your name and address on the reve so that we can return the card to you. @ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Adtctressed ter D. Is delivery address different from item 1? CI Yes if YES, enter delivery address below: + [] No DOVER BAY COURT PLAZA LLC 105 FOULK RD WILMINGTON DE 19803 CALL 9590 9402 8768 3310 4314 35 => 0 Collect on Delivery. on Delivery Restricted Delivery Artinia Riumhar (Tranefor fenm carina fahall O Collect Pontited Delivery 702e 2410 OOOO Lib 1442 saa nas , PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt U.S. Postal Service™ CERTIFIED MAIL® RECEIPT + Domestic Mail Only For delivery information, visit our website at Wivw.usps.com®. Certified Mal Fee g |Extra Services & Fees (check box, add feo a3 approp Ci Retum Receipt (hardcopy) $. D)Return Receipt (electranic) $ (Ci Certified Mail Restricted Dalivery $ (Cl Adutt signature Required $ [Asutt Signature Restricted Delivery VOLLOGdSNI * DOVER BAY COU *410SFOULKRD \ QL orsferree ?Oee 2410 GOOO 1196 L44e