CPMCBA Minutes
Construction and Property Maintenance Code Board of Appeals. 7 de agosto de 2024.
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CONSTRUCTION AND PROPERTY MAINTENANCE
CODE BOARD OF APPEALS
The Construction and Property Maintenance Code Board of Appeals meeting was held on August
07, 2024, at 3:30 p.m., with Mr. Neil presiding. The members present were Mr. Campana, Mr.
Rocha, Mr. Martin and Mr. Boggerty (in at 3:45 p.m.). The staff members present were Mr. Kopp
and Ms. Brown.
ADOPTION OF AGENDA
Mr. Rocha moved for approval of the agenda, seconded by Mr. Martin, and unanimously
carried.
PROPERTY MAINTENANCE CODE VIOLATION: (Chapter 22 - Buildings and Building
Regulations, Article XII - Vacant Buildings, Section 22-403 - Registration and Registration
Fee) - Appeal of Registration Fee - 3074 N. Dupont Hwy
Ms. Sierra Brown, Code Enforcement Officer, reviewed the case history for 3074 N. Dupont
Highway on behalf of John England.
Responding to Mr. Neil, Ms. Brown noted that payments have been made for two (2) of the four
(4) years. She confirmed that the first year's registration fee was paid. However, she did not find a
payment for the second year. The third year's $1,500 fee was paid, but the $5,000 and $750 from
the second year remain unpaid. Therefore, this appeal addresses the $5,000 fee for the vacant
building.
Responding to Mr. Neil, Ms. Brown referred to Mr. England’s notes, which indicate that roof work
was performed. According to Mr. England, the active permits show that some work was done on
the roof. Ms. Brown further explained that it appears Mr. England reported that the roof was being
raised, but he noted that there was no evidence of additional interior work, and that progress had
stalled for some time. This information was provided on July 12th.
Mr. Jesse Allen noted that his divorce occurred shortly after he moved into the city. He had been
under the impression that the city would provide sewer and water services up to the curb, but this
was not the case. Although Mr. Allen understood the impact fees and associated costs, he found
that he had to access the sewer across the highway. The divorce process took about two and a half
years and was not finalized until February 2022, largely due to delays caused by COVID-19.
Following the divorce, Mr. Allen sought architectural advice from Mr. Byler, who advised him to
obtain a plan. Mr. Allen secured a plan but was unable to proceed with any work during the
divorce. Once the divorce was finalized, Mr. Allen resumed working with Mr. Byler, who helped
him finalize the plan. They completed this process by June 2023.
With the plan in hand, Mr. Allen obtained the necessary permits from the City of Dover and began
the project. He successfully completed the top roof and arranged for an electrical inspection. The
shed was finished around October or November of last year. This year, rain caused some delays,
but Mr. Allen managed to install the beams as instructed by Mr. Byler. He is now prepared to put
on the roof, having installed the necessary supports. Regarding the sewer, Mr. Allen realized that
he needed to install a septic system, for which he has obtained a permit. In September, he visited
the City of Dover to arrange for his electric lines to be buried, as the existing overhead lines were
tangled in a tree. However, he was informed that this could not proceed as planned due to a well
in the area. Despite these challenges, Mr. Allen has been diligently working on the property for
about a year, starting from September of last year.
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CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF
AUGUST 07, 2024 PAGE 2
Mr. Allen clarified that he purchased the house in its existing condition, which was vacant and
lacked running water or utilities at the time of purchase. There may have been running water
previously, and the property has heating, but he does not use it. The electricity remains connected,
but he turns it off when he leaves to prevent break-ins. The property, which is near a trailer park,
was in poor condition when he bought it, and he has encountered some problematic issues.
Nevertheless, he continues to work on improving it.
Responding to Mr. Rocha, Ms. Brown stated that, according to Mr. England’s notes, during his
monthly 30-day inspections of his vacant properties, the building is always vacant, appears to be
secured, and has no active electric service.
Responding to Ms. Brown, Ms. Allen stated that it is active and that he gets a City of Dover bill
every month. The bill is roughly $12, and the account is in his name.
Responding to Mr. Boggerty, Mr. Kopp stated that it could just be a service fee. The intent of
having electricity in the property is to prevent expedited decomposition. Without active utilities,
the building rapidly deteriorates due to exposure to the elements, especially since there are no
windows. Heat, humidity, and cold air cause everything to buckle under these conditions. Mr.
Kopp clarified that it appears that Mr. Allen purchased this property around May 20, 2013,
according to Kent County records. This property remained vacant for six years until the first vacant
building case was discovered in 2019, meaning it has been vacant for 11 years, assuming Mr. Allen
bought it in the condition that he described. Based on the research and current records, a permit
was issued on August 7, 2024, but there have been no inspections on that permit as of today. When
they talk about an expedient manner, it is concerning that over a year has passed with no
inspections since the permit was issued. Mr. Kopp apologized that he misspoke earlier, the permit
was actually issued on June 20, 2023, not August. So, it has been over a year with no inspections,
no work, nothing done on this building which has been vacant for 11 years. That is why Mr.
England’s interpretation is that this does not meet the definition of an expedient manner as
prescribed in the Dover Code ordinances under the vacant building provisions.
Mr. Allen stated that the city has two different addresses listed with the City of Dover Electric
Department which is causing some confusion. Mr. Allen noted that the city has mixed up the
addresses, and he has let them know what in the past. The correct address should be 3074, not
1643 North DuPont Highway. He has let the city know that he pays his bill for 3074.
Responding to Mr. Allen, Mr. Kopp stated that the bill shows just $12, which is only a service fee,
not for actual electric usage.
Responding to Mr. Kopp, Mr. Allen stated he is using electric to run my saws and everything else.
Responding to Mr. Neil, Mr. Allen stated that he is doing all of the work himself. Mr. Allen
continued to state that he is asking for two (2) years and that includes all of the work. Mr. Allen
noted that he has not been communicating with the city, he just has the permit.
Responding to Mr. Neil, Mr. Allen explained that this is the first notice he has received, as he did
not receive any prior notices. He mentioned that he had the property up for sale and received a
notice, after which he spoke with Code Enforcement. Last year, they informed him that everything
was fine, but this year the situation is completely different, leaving him unsure why he is even
here.
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CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF
AUGUST 07, 2024 PAGE 3
Mr. Kopp explained that the purpose of the vacant building ordinance, which was adopted by city
council, is to prevent vacant buildings within the city. That is his interpretation of the ordinance.
It works by gradually increasing fees each year as a deterrent. In the first year, the fee is $375; in
the second year, it is $750; the third year is $1,500; the fourth year is $3,000; and for the fifth year
and beyond, the fee is $5,000. The reason for these escalating fees is to discourage long-term
vacancies within the city. In his view, the ordinance is designed to motivate property owners to
take action on their vacant buildings.
Mr. Kopp stated that the issue at hand is that he has previously been granted exemptions from the
fees. However, now that they are in the fifth year, they need to start making decisions about
fairness. Both code enforcement and Mr. England’s interpretation is that it is neither just nor fair
to continue granting exemptions at this stage. The building has now been vacant for 11 years, not
just five. In his opinion, as the Chief Code Enforcement Officer, it is not justified to grant any
further extensions. They have other citizens who are paying their fees for buildings that have been
vacant for five (5) years, and the penalty is intended to deter prolonged vacancies. Granting an
exemption under these circumstances contradicts the purpose of the ordinance, which is to address
extended vacancies and to serve the interests of the community. This is why they are addressing
this issue today.
Responding to Mr. Rocha, Mr. Kopp stated that he is unsure what was on the property before it
became vacant but recalls that it has been a vacant building since at least 2013. Mr. Kopp noted
that Mr. Allen purchased the property in 2013, so it is unclear how long it has been vacant since
then. The purpose of the ordinance is to address and reduce the number of vacant buildings. This
property technically falls under the Dangerous Building Ordinance, as any building that remains
vacant for more than 90 days is subject to this ordinance and potentially to demolition. While the
Vacant Building Ordinance aims to prevent such demolitions, this property’s extended vacancy
and lack of utilities contribute to its rapid deterioration, making it subject to the Dangerous
Building Ordinance.
Responding to Mr. Rocha, Mr. Allen stated that Mr. England has not gone inside the building and
that he plans to turn it into a hair salon. Mr. Allen explained that as he mentioned, he feels like he
has not been given enough time. He has been working on this property for almost a year, though
it might not even be a full year yet. The property was indeed vacant, but he did not want to start
significant work without doing things properly. He could have just started tearing it apart without
notifying anyone, but he chose to handle it the right way. Mr. Allen would just like to complete
this project. He understand the reasons for the ordinance and why the property has remained as it
is. The situation was complicated by personal issues, including a difficult divorce that delayed
progress. Mr. Allen was hesitant to invest in the property while facing the possibility of losing it.
It took me about three (3) years to resolve those issues, and that is why the property has been sitting
for so long.
Responding to Mr. Campana, Mr. Kopp stated that the $5,000 fee is the maximum amount, but it
will be charged annually. Each year, the fee will be $5,000. The purpose of this fee is to encourage
the elimination of vacant buildings. The ordinance has a graduated fee structure for the first five
(5) years: it starts at $375 in the first year to give property owners the opportunity to address issues.
This case originated in 2019, and there may have been exemptions granted previously, but the fee
structure is designed to escalate to incentivize timely action.
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CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF
AUGUST 07, 2024 PAGE 4
Responding to Mr. Rocha, Mr. Kopp stated that there has been leniency and exemptions granted
in good faith over the years. However, when they reach the fifth year, it becomes difficult to justify
granting another exemption, especially after providing them in years one (1) through four (4). The
initial exemptions were intended to offer grace and time to bring things up to standard, but by the
fifth year, it is hard for the city to continue offering exemptions.
Responding to Mr. Rocha, Mr. Kopp stated the code does not specify exact timelines, but it does
require that work be completed in an expedient manner. In his interpretation, if work is only
starting in the fourth or fifth year, that does not meet the standard of expediency. Years one (1),
two (2), and three (3) are when the work should have been underway. Waiting four (4) or five (5)
years to begin work and then seeking an exemption for expediency does not align with the intent
of the code, especially since the project has already been delayed for three (3) years. That is not
what they would consider expedient.
Responding to Mr. Rocha, Mr. Kopp explained that the way the code works is that they are paying
for the actual year. So, for instance, they might be exempted from paying the $375 fee for one (1)
year, but if they are not exempted in the second year, the fee increases to $750. The exemption
only applies to that specific year’s fee and does not prevent the escalation of fees in subsequent
years. There are cases where people pay the fee and continue working on their building.
Responding to Mr. Boggerty, Mr. Allen stated that he believes he received his divorce decree in
2022. Mr. Allen continued to state that the property settlement came after and was completed in
2022. He went right to Mr. Byler afterwards to get the paperwork done which took a year to
complete the plans.
Responding to Mr. Boggerty, Mr. Kopp stated that if it was in the second year the fee would be
$750.
Responding to Mr. Boggerty, Mr. Allen stated that if he had a deadline, he would most likely be
able to complete everything in less than two (2) years.
Responding to Mr. Kopp, Mr. Allen stated that regarding the timeline, it depends on how fast he
works. As he mentioned, he has had some difficulty getting things done, but his plan is to finish
within two years (2), hopefully before then. That is what he is aiming for.
Responding to Mr. Allen, Mr. Kopp noted that this is where code enforcement finds it challenging,
when a building has been sitting for as long as this one has. Mr. Kopp explained that to be fair,
they do have compassion for Mr. Allen’s situation, but they must also consider the broader
responsibility they have to the citizens of Dover. So, is it fair just grant Mr. Allen a two (2)-year
extension from today to complete this work when they are holding others to the same standard?
The big question here is, how do they justify giving Mr. Allen two (2) years? If they granted Mr.
Allen two (2) years today, they would need to pause enforcement for everyone else to be fair,
consistent, and just in upholding the code. That is just not feasible.
Ms. Brown clarified that, despite earlier claims of no communication with Mr. Allen from the city,
he was indeed informed about the situation. Mr. Allen is actually the one who registered the
building as vacant. He was met on-site by Ron Coburn in December 2021, during which they
discussed the condition of the building, the interior was gutted, and half the roof was missing. Mr.
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CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF
AUGUST 07, 2024 PAGE 5
Allen acknowledged that he was aware he would need permits and mentioned that Bill Byler would
be drawing up plans for submission. This conversation took place in December 2021.
Responding to Mr. Rocha, Mr. Kopp explained that to obtain a permit for this project, they would
need to undergo multiple inspections. Since the building is down to the studs, the Mr. Allen needs
inspections for electrical work, plumbing, mechanical systems, and the roof, among others. The
permit process involves several steps, including pre-drywall and pre-plumbing inspections,
depending on what is required. It is not a matter of simply completing the work and then moving
on; each stage needs to be inspected to ensure compliance with code. One issue they have
encountered is that people sometimes complete all the work and then have to tear it out because
inspections were not performed at the appropriate stages. Ideally, inspections would be conducted
as the work progresses, such as when the building inspector signs off on pre-drywall work to ensure
everything is done correctly and in an expedient manner.
Mr. Kopp continued to explain that, for the permit issued on June 20, 2023, there have been zero
inspections recorded. This indicates that, despite the permit being renewed, the required
inspections have not been completed, meaning the work is not progressing as required. Their
interpretation is that the completion of inspections demonstrates that steps are being taken towards
compliance. Without these inspections, the project is not considered to be moving forward in an
expedient manner.
Responding to Mr. Allen, Mr. Neil stated that he is asking them to support his project for his
benefit, which places a heavy burden on taxpayers to accommodate Mr. Allen’s timeline and costs.
No one else can do that, no one else is allowed to delay or defer their responsibilities in the same
way. Mr. Neil did not understand why this situation should be treated differently. If everyone else
had the same approach, saying they are working on it and will pay when they have extra funds,
there would be no end to such delays. If Mr. Allen cannot afford the project, perhaps he should
consider selling the property or recouping his investments in other ways. Mr. Neil explained that
they cannot support his budget or extend the timeline for completing this work. Their priority is to
protect the city, especially given the number of vacant properties they already have. Mr. Neil noted
that Mr. Allen is asking for an extension that could stretch beyond two (2) or even three (3) years.
If that is the case, the building will remain open and problematic, whereas other projects must meet
specific deadlines. It seems unreasonable to make an exception in this case. Therefore, Mr. Neil
cannot support any changes to the current requirements because the extended timeline Mr. Allen
proposes is not feasible for bringing the property into compliance.
Responding to Mr. Allen and Mr. Neil, Mr. Boggerty stated that he definitely echoes his
colleague’s concerns and understands Mr. Allen’s situation well. However, even considering that
things can happen, they are now faced with the reality of a two(2) year delay. They need to figure
out how to move forward from here. While he does not believe in scrutinizing another person’s
finances, Mr. Allen has mentioned having $10,000 available this year and possibly another
$10,000 next year. From his perspective, it seems likely that the total cost of the project will exceed
$20,000. For context, Mr. Boggerty previously owned a barber shop and a hair salon, and just the
initial furniture alone cost more than $10,000. In essence, Mr. Allen is asking the board to accept
a $10,000 budget for this year and wait to see progress, which is a significant concern. They need
to consider whether this approach is viable and fair to everyone involved.
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CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF
AUGUST 07, 2024 PAGE 6
Responding to Mr. Boggerty, Mr. Allen stated that he anticipates the entire project will cost
roughly $80,000. He explained that he will begin incurring more expenses once work starts on the
blacktop, sidewalk, electrical work, and other related tasks.
Responding to Mr. Boggerty, Mr. Allen explained that while he does have the funds available, he
does not plan to invest all of it in the project this year. His budget for this year is $10,000, and he
estimates that next year’s budget could be either $20,000 or $30,000, depending on how quickly
the work progresses.
Responding to Mr. Campana, Mr. Allen stated that right now he is just working on the building on
the weekend.
Responding to Mr. Allen, Mr. Campana noted that he has experience in construction and used to
sell materials to contractors. He stated that the project at hand is quite extensive and typically
requires more than one (1) person to complete. It is not feasible for a single individual to handle
all the tasks necessary for the property. Additionally, the longer the work is delayed, the more the
condition of the property will deteriorate, and the costs will continue to rise.
Responding to Mr. Rocha, Mr. Kopp stated that next year, it will be an additional $5,000 fee. Mr.
Allen is currently at the maximum amount, so every year, it will be an extra $5,000 until the work
is completed. They are at $5,000 now because they are in the fifth year. Mr. Kopp noted that he
believes that code enforcement’s interpretation of the code was correct. On behalf of code
enforcement, he feels that the $5,000 fee is justified and that the appeal should be denied.
Mr. Rocha moved to deny the appeal made by Mr. Jesse Allen and to uphold the decision of
the Code Enforcement Officer to declare this property in its fifth year of vacancy and to
apply the fifth-year vacant building registration fee, in the amount of $5,000. The motion
was seconded by Mr. Campana and unanimously carried.
Mr. Neil moved for an adjournment of the Construction and Property Maintenance Code Board
of Appeals meeting, seconded by Mr. Rocha, hearing no objection, the meeting adjourned at 4:25
p.m.
The meeting adjourned at 4:25 p.m.
Andre Boggerty
Chairman
AB/aw