SPECIAL COUNCIL MEETING VDBO MINUTES AND EXHIBITS 1-2 - REVISED
City Council Meetings. 6 me 2019.
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Paj 1
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on May 6, 2019 at 6:08 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson, Mr. Neil, Mr. Cole, Mr. Polce, and
Mr. Hare. Mr. Sudler and Mr. Lindell were absent. Mayor Christiansen was also present.
Council staff members present were Mrs. Mitchell, Mr. Hugg, Mrs. McDowell.
ADOPTION OF AGENDA
Mr. Neil moved for approval of the agenda, seconded by Mr. Cole and unanimously carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 33 SOUTH QUEEN STREET, OWNED BY OLIVER
COOPER IV AND OTHERS
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 33 South Queen Street, owned by Oliver Cooper IV and others.
Mr. David Hugg, Director of Planning and Community Development, reviewed a presentation
depicting the condition of the property (Exhibit #1).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by June 6, 2019 by the owner or equity owner at
their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not
completed by the owner within 10 days of the date established by City Council; 4) ordering the City
Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged
against the land on which the building exists as a municipal lien or cause such cost to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner.
Responding to Mr. Hare, Mr. Hugg confirmed that there was a newer home next door and the subject
property was a blight on the neighborhood and in continuous violation.
In response to Mr. Polce, Mayor Christiansen stated that he would provide him with statistics
regarding the number of police responses to this property.
Mr. Anderson asked when certified notifications were mailed and what responses were received.
Responding, Mr. Hugg advised a lien search was ordered in January 2019, a first notice was sent to
the owner and lien holders by certified and regular mail on March 18, 2019, and a notice was posted
on the property. He noted that a copy of the notice was also provided to the City Clerk’s Office.
Mr. Hugg stated that a follow up inspection was completed on April 4, 2019 and a date was set for
the Council public hearing. He explained that this notice was sent to five (5) private parties in Kent
County at their last known addresses.
Mr. Slavin declared the public hearing open.
Mr. Oliver Cooper, 6735 Yucca Street, Los Angeles, California, stated that he was speaking in
regard to the notice he received earlier this year, noting that he was unaware of any of the previous
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SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 2
statements. He explained that the house was built in 1920, belonged to his great-grandfather, and
he and his uncle acquired the property from his grandparents as an estate. Mr. Cooper advised that
the house was occupied as a rental property at one point, and after 2013 it was privately occupied
by a family member. He stated that most of the violations listed date back to 2013 and had been
rectified. Mr. Cooper noted that the foundation and roof do not show any issues, and he believed
the photos were misleading because they made the walls appear slanted or dilapidated, which they
are not. He explained that the windows and doors are not broken as indicated, noting that the house
is boarded up to prevent vandalism.
Mr. Cooper informed members that when he received the notification that the property was to be
condemned, he spoke to someone in the building department to request a stay until he could come
look at the property, since he lives in Los Angeles and is not able to travel to Delaware very often.
He stated that the person he spoke to told him he had to wait to come to this hearing, which is why
there was no direct response to the letter he received in March. Mr. Cooper advised members that
since that time, he had hired a construction person to assess the damages and hopefully to some
additions to the house. He stated that the house had been in his family for almost 100 years and
requested more time to fix the problems. Mr. Cooper noted that he did not believe most of the issues
rose to a level requiring demolition, for the simple fact that the cost of demolition far exceeds the
repairs that are necessary to be completed.
Mr. Anderson asked why Mr. Cooper did not make any effort to pay the $13,000 in back taxes and
fees after he received the notice. Responding, Mr. Cooper stated that $7,000 was a recent vacant
property fee which he received notification of within the last month. He explained that he came
prepared to make the $5,000 payment, which he believed was for taxes, the prior year’s vacant
property fee, as well as water and sewer bills.
Mr. Cooper noted that he owns the property jointly with his uncle, and he believed his uncle was
taking care of most of these things. He indicated that his uncle had now agreed to Quit Claim Deed
the house to him so that he can make all the necessary repairs without any issues. Mr. Cooper
informed members that they had consistently had the grass cut, and the debris and branches indicated
had since been removed.
Mr. Anderson asked how Mr. Cooper planned to make the repairs to the property within 30 days if
he was not even prepared to pay all the fees. In response, Mr. Cooper stated that the plan with his
contractor would take longer than 30 days because he is backed up and would not be able to begin
until the end of June. He explained that his biggest issue with correcting the violations was being
a co-owner of the property, not money, noting that he had been paying all the taxes for years.
Mr. Cooper informed members that his uncle was the initial executor for the estate and he had to go
through a legal proceeding to gain executorship, which ended in November 2014, to begin assessing
all of the properties owned by his family.
Responding to Mr. Anderson, Mr. Cooper stated that he had been executor since the end of 2014,
the taxes had been paid until last year. He explained that the vacant building fee is approximately
$4,000 per year which makes up most of the taxes; however the taxes were paid in 2014, 2015, and
2016. He stated that his grandmother died in 2011 and he had been paying the fees since then.
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SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 3
Mr. Slavin stated that he thought that the amount for the taxes seemed very high.
Mr. Anderson noted that even if Council gave Mr. Cooper time, he’s not even sure what repairs are
needed or a time frame before summer. Responding, Mr. Cooper stated that there was a list of
approximately 20 violations and many of the items date back to 2013 and are no longer valid. He
noted that there are no structural issues with the home, the roof was repaired within the last five (5)
years and does not leak, there are no drainage issues, there is a brand new water heater that hasn’t
been utilized since 2015, and the floors and bathroom have been redone. Mr. Cooper stated that it
is boarded to avoid someone breaking in and doing further damage to the interior of the home,
explaining that it isn’t the nicest street in the neighborhood and there are issues with vandals. He
noted that several homes on that block are boarded up.
Mr. Polce stated that he shared Mr. Anderson’s sympathy for Mr. Cooper’s situation; however, it was
completely unacceptable to have a home with 27 Code violations and utility shut-offs since
February 7, 2016, and to owe approximately $15,000. He stated that, as Mr. Cooper alluded, it is
not a good area, noting that he is there at least once a week handing out Narcan, which would mean
that Mr. Cooper has all the better reason to be a good steward and not create an environment where
squatting and loot activity could occur. Mr. Polce stated that he has always been up-front regarding
his feeling that the City needs to quickly remedy vacant buildings and blighted buildings and hold
people accountable at all costs. He advised that these issues not only depreciate home values around
the neighborhood but major thoroughfares in the City, like this home on South Queen Street which
is visible from one of the City’s major thoroughfares that he commutes on daily. Mr. Polce stated
that he appreciates what Mr. Cooper is trying to do; however, in his opinion, it is a little too late.
Mayor Christiansen stated that he appreciated Mr. Cooper’s allegiance to his family’s property,
noting that there is no bigger supporter of individual property rights’ than himself because this
country was founded on that. He explained that with property rights comes responsibility for your
own property and those in and around your area. Mayor Christiansen stated that he thought it is
incumbent on Mr. Cooper to make the difficult decision in the best interest of the greater good. He
expressed his opinion that this property is a blight, is depreciating the property values in the
community, and needs to go. He explained that it is a danger to the children, police officers, and
firefighters in the community, noting that someone could start a fire there at any given time and a
firefighter could lose their life. Mayor Christiansen indicated that he thought this property was a
dangerous and hazardous building, and detriment to the community. He asked that Council follow
through on the recommendation of staff. Mayor Christiansen stated that it is time that the City take
a stand against dangerous buildings that are detracting from the property values of our fellow
citizens.
Mr. Cooper noted that there had never been police activity on his property, to his knowledge. He
indicated his belief that tearing down the house was not the solution when correcting the few
remaining issues would cost much less.
Mr. Neil stated that the fines related to the vacant building code are progressive because Council is
concerned and wants people to have the opportunity to fix violations. He indicated that the fees are
designed as a warning for people to take action when they receive notification. Mr. Neil noted that
the problem the City has experienced is that people always say they need more time. He expressed
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SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 4
his opinion that Mr. Cooper had the time. He stated that someone had the responsibility, whether
it was Mr. Cooper or his uncle, to do what was right and contact the City to let staff know what was
happening and not let the issues go on for so long. Mr. Neil stated that he agreed with the comments
expressed by Mr. Anderson and Mr. Polce. He explained that it’s not fair to say that “it’s my
property, and I can do what I want with it” when it hurts other people, as this property does.
There being no one else present wishing to speak, Mr. Slavin declared the public hearing closed.
Mr. Cole moved to accept staff’s recommendation, seconded by Mr. Polce.
Mr. Anderson stated that he was a believer in providing the property owner a specific time frame to
repair or demolish the property when the property is not a danger to public health and safety, and
since that was lacking from the staff recommendation, he could not support the motion.
The motion to accept staff’s recommendation to: 1) declare this building and all accessory
structures on this property dangerous; 2) order the property demolished by June 6, 2019 by
the owners or equity owners at their own risk; 3) order the Building Inspector to cause the
demolition of the structures if not completed by the owners within 10 days of the date
established by City Council; 4) order the City Manager with the assistance of the City Solicitor
to cause the cost of the demolition to be charged against the land on which the building exists
as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to
be levied as a special tax, or to be recovered in a suit at law against the owners was carried
with Mr. Anderson voting no.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 938 SHANK ROAD, OWNED BY HECTOR A. VILLA
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 938 Shank Road, owned by Hector A. Villa.
Mr. David Hugg, Director of Planning and Community Development, advised that notification
regarding the Council public hearing was sent on April 11, 2019 by regular and certified mail to
Mr. Villa and any other parties who had a recognized interest, including Security Pacific Financial
Services and the Kent County Tax Office. He stated that the Department of Planning and Inspections
inspected the exterior of the dwelling on April 10, 2019 and found that no repairs had been made to
correct the violations detailed in a previous letter to the owner, dated March 18, 2019. Mr. Hugg
informed members that City staff conducted an inspection of the residence on September 13, 2007
and observed numerous code violations, including a lack of plumbing, damaged walls, and mold
throughout the dwelling. He stated that, during that inspection, the dwelling was condemned as unfit
for human habitation. Mr. Hugg reviewed a presentation depicting the condition of the property
(Exhibit #2).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by June 6, 2019 by the owner or equity owner at
their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not
completed by the owner within 10 days of the date established by City Council; 4) ordering the City
Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged
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SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 5
against the land on which the building exists as a municipal lien or cause such cost to be added to
the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owner.
Mr. Hare informed members that he is very familiar with this property because it is in his
neighborhood. He stated that during the winter people sneak in and, as a result, it is disgusting on
the inside and smells when the weather gets hot. Mr. Hare noted that nothing had been done with
the property in two (2) years. He indicated his support of staff’s recommendation.
Responding to Mr. Anderson, Mr. Hugg stated that all of the notices were sent both certified and
general mail. He advised that the property file included returned unaccepted copies of the general
mail notifications, as well as certification information that they were received. He advised that the
most recent notification was received on April 15, 2019 according to the certified mail receipt.
Mr. Hugg informed members that the first inspection occurred in September 2017. He stated that
the property was posted and a lien search was ordered in 2017. Mr. Hugg advised that it was ordered
for immediate hearing as an emergency project, and first notice was sent by certified and regular mail
to the owner on March 18th, and to lien holders and copied to the Clerk’s Office on April 11th. He
noted that the property was photographed for the presentation and the PowerPoint was presented on
May 2nd, and it was confirmed that there were no active permits on the property in April 2019.
Mr. Hare stated that the lien holders, including the banks, had been advised and had not done
anything. He noted that the sewer had been clogged and backed up for almost two (2) years.
Mr. Slavin declared the public hearing open.
Ms. Mary Conrad, 932 Shank Road, stated that she lives next door to the subject property. She
informed members that it stinks in the summertime, and she is constantly fighting snakes and the
vegetation, including vines which are growing all over her fence. Ms. Conrad informed members
that the house is terrible and the back porch is falling off. She noted that there is junk in the yard and
it is collecting water, which will soon be breeding mosquitoes. Ms. Conrad stated that she wants the
house gone, explaining that it is decreasing her property value and the aesthetics of the whole
neighborhood. She advised that the front of the house doesn’t look as bad because the bushes are
hiding it; however, the front porch is full of junk and the front porch is also falling off and tilted
toward the neighbors house. Ms. Conrad noted that the only reason there are not more grass
violations is because her other neighbor mows the grass. She stated that she had lived there for
23 years and was tired of dealing it, noting that it had been 23 years of people in and out constantly,
and people going onto her property uninvited and unwanted. Ms. Conrad advised that there had been
crime associated with people that have lived there as well. She stated that she wanted the house
gone, so someone could build a nice house and bring the property value up again.
Mr. Hare noted that Ms. Conrad was probably speaking for approximately 15 families on that block.
Mr. Slavin asked if there was anyone present who was in agreement with Ms. Conrad who did not
want to speak, to stand or raise their hand so members could see the level of support. Mr. Slavin
noted that five (5) individuals stood.
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SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 6
There being no one else present wishing to speak, Mr. Slavin declared the public hearing closed.
Mr. Hare moved to accept staff’s recommendation, seconded by Mr. Neil.
Mr. Anderson stated that he believed that the sewage and the plumbing situation created an imminent
risk to public health, so he would support the motion without the demolish or repair stipulation.
The motion to accept staff’s recommendation to: 1) declare this building and all accessory
structures on this property dangerous; 2) order the property demolished by June 6, 2019 by
the owner or equity owner at their own risk; 3) order the Building Inspector to cause the
demolition of the structures if not completed by the owner within 10 days of the date
established by City Council; 4) order the City Manager with the assistance of the City Solicitor
to cause the cost of the demolition to be charged against the land on which the building exists
as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to
be levied as a special tax, or to be recovered in a suit at law against the owner was unanimously
carried.
Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 6:47 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of May 6, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
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Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 33 South Queen Street
Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 938 Shank Road
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EXHIBIT #1
Special Council Meeting of 05/06/2019
Violation of Dangerous
Building Ordinance
33 S Queen Street
Planning & Inspections Department
Dover, Delaware
May 6, 2019
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33 S Queen Street
Case History
27 code enforcement cases since 2013
Numerous interior code violations found during the last
housing inspection which was in 2013.
Tall grass and weeds, junk and debris in yard
Vehicles parked in the yard
The utilities were terminated on February 7, 2016
Registered as vacant by the city on March 17,
2015
Condemned as unfit for human occupancy on July
9, 2013
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33 S Queen Street
Outstanding Fees
City taxes due of $5,566.97
VBO Registration Fees $7,500.00
Water/Sewer/Utilities $1,528.2
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33 S Queen Street
Interior code violations
From the housing inspection that in 2013.
Replace door/repair holes in walls
Install window glass/light fixtures
Replace missing smoke detectors
Repair the hot water heater
Clean interior through-out
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Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(9) General Welfare.
(10) Code Violations.
(11) Unoccupied Buildings
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Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by June 6, 2019 by the owner or
equity owner at their own risk.
Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of the
date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
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EXHIBIT #2
Special Council Meeting of 05/06/2019
Violation of Dangerous
Building Ordinance
938 Shank Road
Planning & Inspections Department
Dover, Delaware
May 6, 2019
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938 Shank Road
Case History
22 code enforcement cases since 2000
Numerous grass violations
Vehicles parked in the yard – unregistered & disabled
Junk and Debris stored in yard
Was being operated as a rooming house
The utilities were terminated on October 10, 2018
Registered as vacant by the city on October 10.
2018.
Condemned as unfit for human occupancy on
September 13, 2017.
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938 Shank Road
Outstanding Fees
City Taxes $858.56
County Taxes $2,000.12
1st Year VBO Registration Fee $375.00
$50.00 in current grass citations
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938 Shank Road
Current Condition
Extreme water damage through-out the
home. With damage to walls, floors, carpets,
furniture.
There is damage to the main sewer lateral
which caused the sewage to back into the
home. No working plumbing.
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Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(9) General Welfare
(10) Code Violations
(11) Unoccupied Buildings
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Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by June 6, 2019 by the owner or
equity owner at their own risk.
Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of the
date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.