CPMCBA PACKET Redacted-CANCELLATION
Construction and Property Maintenance Code Board of Appeals. 20 fevriye 2019.
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Paj 1
CONSTRUCTION AND PROPERTY MAINTENANCE
CODE BOARD OF APPEALS
AGENDA
FEBRUARY 20, 2019 - 4:00 P.M.
CITY HALL CONFERENCE ROOM
15 LOOCKERMAN PLAZA, DOVER, DELAWARE
This meeting has been canceled due to inclement weather. This agenda item will be
considered during the Construction and Property Maintenance Code Board of Appeals
meeting on March 13, 2019.
AGENDA ADDITIONS/DELETIONS
1. PROPERTY MAINTENANCE CODE CITATION (CHAPTER 22 - BUILDINGS AND BUILDING
REGULATIONS, ARTICLE XII - VACANT BUILDINGS, SECTION 22-403 - REGISTRATION AND
REGISTRATION FEE) - APPEAL OF DECISION AND REGISTRATION FEE - 527 NIMITZ ROAD (BENJAMIN
LUCAS)
2. ADJOURNMENT
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S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\CPMCBA\02-20-2019 CPMCBA CANCELLATION NOTICE.WPD
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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City of Dover
February 5, 2019
Attn: Mr. Benjamin Lucas
527 Nimitz Road
Dover, DE 19901
Bossload@yahoo.com
Re: Appeal of Decision - Vacant Building Registration and 7th Year Fee - 527 Nimitz Road, Dover, DE
Case #: 12-00003265
Mr. Lucas:
I have received your request to appeal the decision of the Building Inspector to register your property as vacant in
accordance with Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for
Wednesday, February 20, 2019 at 4:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE
19901 to hear your appeal.
Please feel free to contact me by e-mail at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Sincerely,
Traci A. McDowell, MMC
City Clerk
TAM/al
S:\APPEALS\2019\527 NIMITZ ROAD - VACANT BUILDING - LUCAS\Receipt of Appeal - Vacant Building - 527 Nimitz Road - Lucas.wpd
cc: David Hugg, Director of Planning and Community Development
Nicholas Rodriguez, City Solicitor
William Pepper, Deputy City Solicitor
Tim Taraila, Code Official
Ron Coburn, Code Official
P.O. Box 475 ˜ Dover, Delaware ˜19903
Community Excellence Through Quality Service
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11/8/2018 Dover, DE Code of Ordinances
ARTICLE XII. - VACANT BUILDINGS
Sec. 22-400. - Purpose; applicability; de nitions.
(a) Purpose. The purpose and intent of this article is to establish a registration and identi cation
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 a ected 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 a ecting or relating to
vacant buildings. Where, in this article, di erent sections of this Code may specify di erent
requirements, the most restrictive shall govern.
(c) De nitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribe to them in this subsection, except where the context clearly indicates a
di erent 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 o ered 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 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.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
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.
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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).
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
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 o ce 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
o ce located in the county, or shall be required to have a licensed property manager
residing or having an o ce located in the county, 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, 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.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
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 de ned.
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 the
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11/8/2018 Dover, DE Code of Ordinances
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 ndings, the building inspector may register the
property as a vacant building subject to this chapter.
a. Notice of registration. Within ve business days of such registration, the licensing
and permitting o ce shall notify the owners of the registered property by certi ed
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.
(Ord. of 6-26-2006; Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-03, 3-11-2013)
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.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
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 re damage. The owner has
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90 days to le 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:
(1) The building is actively being o ered for sale or lease for a maximum period of ve
years. After such time this article will be in e ect. Proof of activity shall fall on the owner
to provide. See de nition.
(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 undergoing currently 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 noti cation to do so by the City of Dover sta , then the property
owner/agent may not be entitled to exemption from the fees.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
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 de nition) 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.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013; Ord. No. 2016-19 , 8-22-2016)
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Chapter 22. - Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article XII. Vacant Buildings
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. 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 two years $750.00
Buildings vacant for more than two years but less than three years $1,500.00
Buildings vacant for more than three years but less than five years $3,000.00
Buildings vacant for five years or longer $5,000.00