09-18-19 CPMCBA Minutes and Attachment 1

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on September 18, 2019 at 4:10 p.m. with Chairman Anderson presiding. Mr. Martin was also present. ADOPTION OF AGENDA Mr. Martin moved for approval of the agenda, seconded by Mr. Anderson and unanimously carried. Property Maintenance Code Citation (Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings, Section 22-403 - Registration and Registration Fee) - Appeal of Registration Fee - 135 Lotus Street (Ronald D. LaSana, Donnamarie LaSana, and Constance R. Maher) Mr. Dave Hugg, Planning and Inspections Director, disclosed that he personally knew Mr. LaSana and advised that he was aware of the estate issues that involved 135 Lotus Street. He also noted that the property has been well kept and a couple attempts to market the home had been made by Mr. LaSana. Mr. Ronald D. LaSana, property owner, advised that it was his intention to sell the property located at 135 Lotus Street. He stated that he hired an attorney to further the progress on selling the home and provided the members of the board with a letter from his legal counsel confirming his claims. (Attachment #1). Mr. Martin noted that he was contacted by Mr. LaSana and met him at the property with Council President William Hare to see the condition of the house. Mr. Martin stated that during this meeting he suggested that Mr. LaSana ask for an extension, have his real estate agent list the home for sale, or provide some evidence that the home was not going to continue to be vacant. Mr. Martin moved to defer action, to be reheard in 6 months, understanding that the fee will be held until that time. The motion was seconded by Mr. Anderson and unanimously carried. Mr. Martin moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting adjourned at 4:33 p.m. David L. Anderson Chairman DLA/AL/tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\09-18-19 CPMCBA Minutes and Attachment 1.wpd Attachments Attachment #1 - Letter from Ms. Barbara Snapp Danberg, ESQ. provided by Mr. Ronald D. LaSana

BARBARA SNAPP DAN BERG, ESQ. BAIRD 302.3271100 bdanberg@bmbde.com MANDALAS BROCKSTEDT~ September 18,2019 Via Hand Deliverv City of Dover Attn: William Hare, President of City Council 5 East. Reed Street SEt-' 1 8 2019 Dover, DE 19901 OFFICE OF THE CITY CLERK RE: 135 Lotus Street, Dover, DE Dear Mr. Hare, This letter is to inform you that we have been engaged by Mr. LaSana to take the following steps with respect to 135 Lotus Street Dover: 1. Work with Donnamarie LaSana to waive her life estate in exchange for not bringing an action against her for waste and/or abandonment of the property. 2. Work with Constance Maher to sell the property, but if no agreement is reached within 90 days of today file an action in Chancery Court to sell this property. As you were able to see for yourself in person, Mr. LaSana has fixed the property so that It IS ready to be sold as soon as we have the legal right to do so. We appreciate your consideration in waiving any penalty for a vacant property while this situation is resolved. Y Irs truly. II,I~)-- 'DANB1~G () BSD/jah cc: Daniel McAllister, Esq. Mr. Ronald LaSana Little Falls Centre One 12711 Centerville Road, Suite 4011 Wilmington, Delaware 198081 T 302.327.1100 I F 302.327.1101 www.bmbde.com WILMINGTON I DOVER I LEWES I GEORGETOWN ----- --