CPMCBA PACKET Redacted

Construction and Property Maintenance Code Board of Appeals Agenda June 25, 2020 - 3:00 p.m. City Hall Conference Room 15 Loockerman Plaza, Dover, Delaware This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e9e92bedf2b4ecd90ae320b143f2 631ca Event number/Access code: 129 023 9372 Event password: DOVER (if needed) Adoption of Agenda 1. 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 A. 135 Lotus Street (Ronald D . LaSana, & Constance R. Maher) (During their meeting of September 18, 2020, the Board deferred action, to be reheard in 6 months, understanding that the fee would be held until that time. Due to the COVID-19 State of Emergency, a Construction and Property Maintenance Code Board of Appeals meeting was not scheduled until June 25, 2020.) B. 108 West Loockerman Street (Hogan J. & Sung S. Lee) 2. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum Height) - Appeal of Citation and Fines A. 44 South Governors Avenue (Nicholas Calvano) B. 448 North State Street (Alan P. & Janis T. Gaddis) 3. Property Maintenance Code Violations (Chapter 22 - Buildings and Building Regulations) - Appeal of Decision and Vacant Building Registration Fee- 40 Ridgely Street (Robert A. & Nancy M. Kauffman) 4. Adjournment /jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Agendas\CPMCBA\2020\06-25-2020 CPMCBA AGENDA.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.

City of Dover September 20, 2019 Mr. Ronald D. Lasana 3183 Leipsic Road Dover, DE 19901 Re: Appeal of Decision - Vacant Building Registration Fee - 135 Lotus Street, Dover, DE Case #: 15-00002026 Mr. Lasana: On Wednesday, September 18, 2019, the Construction and Property Maintenance Code Board of Appeals considered your appeal of the decision of the building inspector in regard to the 5th year vacant building fee in the amount of $5,000.00 related to your property located at 135 Lotus Street, in accordance with Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings and Appendix F - Fees and Fines, Section 22-403 - Registration and Registration Fees of the Dover Code. After reviewing the case history and considering your testimony, it was the decision of the Board to defer action to be reheard in six months with the understanding that the fee will be held until that time. Staff will contact you in six months regarding the scheduling of your hearing. If you have any questions regarding this matter, please contact the City of Dover Department of Planning and Inspections at (302) 736-7010. Sincerely, Traci A. McDowell, MMC City Clerk TAM/al S:\APPEALS\2019\9. 135 Lotus Street - LaSana\Hearing Action - Vacant Building - 135 Lotus Street.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 Donnamaria LaSana, Property Owner Constance Maher, Property Owner P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

City of Dover June 18, 2020 Mr. Ronald D. LaSana 3183 Leipsic Road Dover, DE 19901 Re: Appeal of Decision - Vacant Building Registration and Fee - 135 Lotus Street, Dover, DE Case #: 15-00002026 Mr. LaSana: On September 18, 2019, the Construction and Property Maintenance Code Board of Appeals considered your appeal of decision of the building inspector in regard to the 5th year vacant building fee in the amount of $5,000.00 related to your property located at 135 Lotus Street, in accordance with Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings and Appendix F - Fees and Fines, Section 22-403 - Registration and Registration Fees of the Dover Code. After reviewing the case history and considering your testimony, it was the decision of the Board to defer action to be reheard in six months with the understanding that the fee will be held until that time. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, June 25, 2020 at 3:00 p.m. to rehear your appeal. This meeting will be held through WebEx and may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting. 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: 1-408-419-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e9e92bedf2b4ecd90ae320b143f2631ca Event Number/Access Code: 129 023 9372 Event Password: DOVER Sincerely, Janella M. Tauchus Assistant City Clerk /jt S:\APPEALS\2020\2. 135 LOTUS STREET - LASANA (6 MONTHS)\Receipt of Appeal - Vacant Building-LaSana 06-17-2020.wpd cc: David Hugg, Director of Planning and Community Development Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Ron Coburn, Code Official Constance Maher, Property Owner Cheryl Bundek, City Assessor P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

SEP 0 4 2019 4 Sep 2019 To: City of Dover Clerk Office OFFICE OF THE CITY CLERK. From: Ron LaSana Subject: Appeal Vacant Building Fee for the property located at 135 Lotus Street, Dover, Delaware, case number 15-00002026 As the executor of my father's will I have been caring for the home he willed to me and my sister upon his death in 1999. We moved into the then new home in 1947 only 2 months before my 5th birthday. My stepmother has life estate, but she moved out in 2001, contrary to my Dad's wishes. However, she did not give up life estate, even though I spoke with her at least on 3 occasions for her to get her own lawyer in order to relinquish her life estate privileges. I could not do this for her, since it would not be lawful. I did offer to accompany her to any attorney she wanted to engage to provide assistance. The property needed attention, so during the past nearly 20 years, I collect the mail, cut the grass, perform all needed repairs, i.e., paint, replace appliances, light fixtures, update the furnace, rebuild the game room (floor, walls, ceiling, electrical wiring, etc.) and comply with ordinances as prescribed by the City of Dover. Several years ago, someone identified the house as vacant. This caused an inspection to be performed by the City. I was told that the home did not appear to be vacant, owing to the cared for condition of the property. Only a review of the water and electrical records maintained by the City revealed a vacant condition. My stepmother was not willing to do anything to keep the home up to an acceptable standard. I was not going to let the home fall into disrepair, so I have been maintaining the home ever since my stepmother left and even before she moved out to a lesser degree. I am at the house 4+ times per week to collect the mail and check on the overall condition of the home. I have stopped the cellar from leaking, repositioned the rain gutters, repaired the outside cellar entrance, rerouted the gutter downspouts, repaired the brick

entrance steps, installed a sump pump in the game room, replaced the gas range with a new one and replaced the toilet, the sink fixtures in both the bathroom and the kitchen. In compliance with the City, I installed four new smoke detectors, a ground fault interrupter outlet in the kitchen, 3 dead bolts on the entrance/exit doors and other items that at this time I cannot recall. My Dad distrusted my sister and her husband to the extent that he put barrel locks on all the doors and installed a hasp and padlock on the back door. This was to prevent them from entering the house when he was not there. The inspector had me remove the barrel locks and the hasp owing to the fire hazard they posed. I needed to get the home on the market, since my stepmother was not allowed by her son-in-law to return to the house which would have precluded the vacant fee. Unfortunately for me, my Dad, who was a skilled artisan, did all the work in the home to include carpentry, electrical, masonry, paint, plaster, and any other repairs needed. He also built the garage with the help of his brother, also an accomplished artisan. I could not in good conscience, let the property fall into disrepair. For this reason, I have kept the property up and it is now in much better condition than when my Dad passed on. Dad was a near-invalid during the last years of his life, requiring kidney dialysis on a daily basis. To complicate matters my sister, who is still very angry that my Dad made me the executor of his will, is being very uncooperative. I spent over $3000.00 in lawyer's fees just get her to sign the first listing agreement. The lawyer had to threaten twice to take the matter to court before she signed off. I had to comply with City guidelines to get the home on the market, so I had it listed for $120K. Upon a closer look by friends of mine, I found that many of the repairs my Dad did were really shortcuts and although they worked, had to be corrected before the home could be sold. I asked our realtor to delay putting up a sign in order for me to correct these problems.

Owing to the heart medicine I have to take (triple heart bypass in 2015) I can't handle the heat very well anymore. I needed to stop work for weeks at a time owing to the fact that the heat causes me vertigo and prevents me from doing much more than being confined to an air-conditioned area. By the time the home was ready to be legally placed on the market, there was only about 30 days left on the first listing agreement. The realty parent company would not list the home for that short period of time. So, I initiated a second listing agreement which my sister has had since early September of last year which she has refused to sign. In all fairness, the Plans and Inspection Department has been very understanding and even helpful regarding the vacant fee, since anyone can see that the house is well-maintained. Even though I painted the garage and its metal roof once, the paint peeled on the alley side and was cited by the City as needing paint. This I did and painted the roof also. I am hoping that I will be granted a delay of fee imposition owing to the extenuating circumstances which undermine my efforts to sell the home and allow me to care for just my own home and not 2 homes. I dread another winter of shoveling snow. Had it been up to me only, the house would have been sold in 2017. A further complication is the fact that my stepmother has to approve the listing. This is going to pose another complication since her son-in-law is inserting himself into the proceedings. I have another lawyer (the third) who is very particular in that she wants fine details of my expenses and work performed. I have about 500 pages of City of Dover tax and utilities documents in addition to Kent County tax documents. I have always paid utilities and taxes to the city and county for the estate. I have no idea how to induce my sister to sign the listing agreement. If there is a way to bypass my sister's intransigence I hope to be able to find it soon.

I certainly hope that the forgoing information will show that I have done my utmost to care for the property at 135 Lotus Street, complied with all City ordinances and have been a responsible citizen (38 years' military service and awarded the State of Delaware Conspicuous Service Medal), Thank you for considering my appeal.

City of Dover June 18, 2020 Mr. Hogan J. Lee and Mrs. Sung S. Lee 51 St. Bernadino Circle Dover, DE 19904 Re: Appeal of Decision - Vacant Building Registration and Fee - 108 West Loockerman Street, Dover, DE Case #: 14-00000049 Mr. and Mrs. Lee: I have received your request to appeal the decision of the Building Inspector in regard to the 7th year vacant building fee related to your property located at 108 West Loockerman Street, 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 Thursday, June 25, 2020 at 3:00 p.m. to hear your appeal. This meeting will be held through WebEx and may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting. 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: 1-408-419-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=ee72cdc3a7411500548396b2bd67e3ef2 Event Number/Access Code: 129 023 9372 Event Password: Dover Sincerely, Janella M. Tauchus Assistant City Clerk /jt S:\APPEALS\2020\3. 108 LOOCKERMAN STREET- LEE\Receipt of Appeal - Vacant Building 06-17-2020.wpd cc: David Hugg, Director of Planning and Community Development Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Ron Coburn, Code Official P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

Hogan J. & Sung S. Lee 51 5t. Beriladino Circle Dover, DE 19904 fR?fECGfE~~~fD) MAR 1 I 2020 City of Dover Code Enforcement 15 Loockerman st., OFFICE OF 1HE CITY CLERK Dover, DE 19901 March 11, 2020 RE: Property Address: 108 W. Loockerman st. Annual Vacant Building Registration Case Number: 14-00000049 Dear Sir, We are the owner of the above building. So many years we have tried to sell an& rent the building and still trying. We have paid Vacant registration fees a lot in the past but right now we are not able to pay the fee therefor we are asking ~ you for the first time an extension for six month. Meantime we ~ will do our best • Sincerely yours,

Sec. 114-32. - Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. (Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000) Charter reference— Power of council to define nuisances, subpart A, § 18.

Chapter 114. - Vegetation Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate o ense, for which the violator may be tried and convicted without necessity of further notice. Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien Subsec. (a) Summons; action by city $50.00 per hour for such work that must be done to render the property in compliance with this article Sec. 114-34. Fines Subsec. (a) Generally In addition to charges or assessments imposed, a ne of not less than $25.00, nor more than $100.00 in accordance with minimum ne schedule in subsec. (c)(1)

In determining the applicable minimum ne, an o ense shall be considered a recurring o ense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 18 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. Subsec. (c)(1) Minimums—Any ne assessed pursuant to subsection (a) of this section shall be no less than the following minimum: First o ense $25.00 Second o ense $50.00 Third and subsequent o enses $100.00

City of Dover June 18, 2020 Mr. Nicholas P. Calvano 44 South Governors Avenue Dover, DE 1990 Re: Appeal of Citation #20-00000669 and Related Fines - 44 South Governors Avenue, Dover, DE Mr. Calvano: I have received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum height, by unlawfully permitting grass/weeds in excess of eight (8) inches at 44 South Governors Avenue, Dover Delaware. Sec. 114-32 of the Dover Code states the following: Sec. 114-32. Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, June 25, 2020 at 3:00 p.m. to hear your appeal. This meeting will be held through WebEx and may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting. 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: 1-408-419-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e9e92bedf2b4ecd90ae320b143f2631ca Event Number/Access Code: 129 023 9372 Event Password: DOVER Sincerely, Janella M. Tauchus Assistant City Clerk /jt S:\APPEALS\2020\4. 44 SOUTH GOVERNORS STREET - CALVANO\Receipt of Appeal - Vegetation - Grass-Weeds 06-18-2020.wpd cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor David Hugg, Director of Planning and Community Development Ronald Coburn, Code Official Phillip Lewis, Code Official P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

From: Tauchus, Janella M To: "calvanonp@verizon.net" Cc: Coburn, Ron; Hugg, Dave; Lewis, Phillip M.; City Clerks Office Subject: FW: Appealing Citation 20-00000669 Date: Friday, May 1, 2020 4:59:10 PM Mr. Calvano, The City Clerk’s Office has received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum height, by unlawfully permitting grass/weeds in excess of eight (8) inches at 44 South Governors Avenue, Dover Delaware. Sec. 114-32 of the Dover Code states the following: Sec. 114-32. Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. Due to Governor Carney’s Declaration of a State of Emergency, a meeting of the Construction and Property Maintenance Code Board of Appeals will be scheduled 30 days after the State of Emergency has been lifted. Please let me know if you have any questions or concerns. Thank you, Janella Tauchus Assistant City Clerk City of Dover P.O. Box 475 Dover, DE 19903 (302) 736-7008 From: Coburn, Ron <RCoburn@dover.de.us> Sent: Thursday, April 30, 2020 8:11 AM To: calvanonp@verizon.net Cc: Lewis, Phillip M. <plewis@dover.de.us>; City Clerks Office <CityClerk@dover.de.us> Subject: FW: Appealing Citation 20-00000669 Mr. Calvano, I have forwarded your appeal to the City Clerk’s Office. They will schedule an appeals hearing before the Construction and Property Maintenance Board of Appeals. The hearing will be scheduled as soon as the current Covid-19 crisis allows. Ron Coburn City of Dover

Code Enforcement 15 Loockerman Plaza Dover DE 19901 Phone # 302.736.7010 Fax # 302.736.4217 From: Arnold, Nichole M <narnold@dover.de.us> Sent: Wednesday, April 29, 2020 11:42 AM To: Coburn, Ron <RCoburn@dover.de.us> Subject: FW: Appealing Citation 20-00000669 From: calvanonp@verizon.net <calvanonp@verizon.net> Sent: Wednesday, April 29, 2020 11:41 AM To: Permits & Licenses <permitsandlicenses@dover.de.us> Subject: Appealing Citation 20-00000669 To whom it may concern in the City of Dover Inspections Department, I am writing to appeal my citation for my tall grass. In the photo it does not show the grass to be above the 12 inch limit for Kent county and does not show evidence that it was above the 8 inches for the city of Dover. There is no actual measurement taken that shows it is above 8 inches. I had already cut the grass before your citation arrived at my home. I was working on my mower doing repairs which is why my grass was high. The grass in front of my home is also raised much higher than the side walk, feel free to schedule a time to come and inspect this again. I would like to have an explanation as to how this is proper use of tax payers dollars during a pandemic putting a government employee on non essential tasks that could expose them to Covid19 during a state wide shelter in place order from the Governor. I am replying by email because I am not able to go to the Division of code enforcement at 15 Loockerman St. Dover DE because of the shelter in place order for Delaware in effect until may 15th. I look forward to your expedient reply. Have a wonderful day, Nicholas Calvano 44 S. Governors Ave. Dover DE

Division of Code Enforcement QCttp of f!lober 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-42 J 7 April 23, 2020 NICHOLAS PHILIP CALVANO 44 S GOVERNORS AVE DOVER DE 19904 RE: Property Address: 44 S GOVERNORS AVE Tax Parcel Number: ED-OS-077.0S-03-360.000-000 Case Number: .••• 20-00000669 DEAR Sir/Madam: This letter is to notify you that your property located at 44 S GOVERNORS AVE is in violation of the Weed Ordinance of the City of Dover. The Ordinance reads as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN COUNCIL MET: The Dover Municipal Code is amended by adding the following sections under Article II, Weeds to read as follows: Sec. 114-32 Duty to contain weeds on property and maintain at a certain height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, grass, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of EIGHT (8) inches or more. Sec. 114-33 Failure to maintain weeds at proper height City Authority; costs and lien. (a) In the event that any owner, occupant, or tenant of any premises, or any agent caring for or in charge of the premises, wi thin the City, shall permit any grass, weeds, underbrush, deleterious or unhealthful growths or other noxious matter to grow to a height of EIGHT (8) inches or more as prohibited by Section 114-32 of this Code, then the Health Inspector or Fire Marshal or his authorized agents shall issue a citation showing a violation of Sec. 114-32, said citation to be served personally or by certified mail upon the owner, occupant or tenant of the premises, or any agent caring for or in charge of the premises. The citation shall cite the violation of this Code and shall state what corrective action must be taken and shall state the consequences 'I"I:q II for'£a~lure to take such corrective action. If the violation is not corrected within Three (3) days from the date of personal service of the citation or wi thin SEVEN (7) days from the date of (![011IllHmitp QC:xcJ.>llrnrr '(!Cl)rollulJ <!I211illitp ~rr)Jirr

Division of Q[itp of 7lBober Code Enforcement 15 Loockerman Plaza Phone: (302) 7:'A-7IJ II Dover, DE 19901 Fax: \ 102 J 7 j6-4~ I' mailing of the citation by certified mail, then the City at the direction of the Health Inspector or the Fire Marshal may remove the weeds, grass, underbrush, deleterious or other unhealthful growths or other noxious matter growing to a height in excess of EIGHT (8) inches or more in Violation of Section 114-32 of this Code and charge the respo sible person $50.00 per hour for such work that must be done to render the property in compliance with this Ordinance. When the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises has received a citation and failed to take corrective action, and he City has corrected the violation in accordance with this section, then no further notification shall be necessary for the City to take any further corrective action on any subsequent violations wi thin the following twelve (12) month period starting from the date of the first corrective action by the City. (b) In the event that the owner, occupant, tenant or other agent caring for or in charge of the premises is deemed to be in violation of Section 114-32 of this Code and in the event that the violation is corrected in compliance with Sub-section (a) and if the charges assessed by the City for correcting said deficiency are not paid, then the City, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property and the City Solicitor shall be directed to enforce said lien or to collect the charges imposed by the City by any other means that he may deem desirable and most advantageous. We sincerely request your cooperation in helping to keep the City clean by maintaining this type property in a well kept manner, thus making our City a more pleasant place in which to live. Sincerely, ~4__ Phillip Lewis Code Enforcement Officer Enclosure ([o11l1l1unitp QExrrllrnu' m:IJrougl) ®uahtJ? $l'rlJlrr

Division of Code Enforcement <!Citp of 1JBober 15 Loockerman Plaza Phone: (30:2) 736-70 II Dover, DE 1990 I Fax: (30:2) 736-4217 CITATION Citation # 20-00000669 NICHOLAS PHILIP CALVANO 44 S GOVERNORS AVE DOVER DE 19904 Location of Offense: 44 S GOVERNORS AVE Type of Offense: TALL GRASS AND WEEDS Date of Offense: April 23, 2020 Time of Offense: 10:18 Date of Issue: April 23, 2020 Previous Offense, If any - Date: You are hereby fined for being in violation of the City of Dover Ordinance marked (X) below. Payment must be received by The City of Dover Inspections Dept., 15 E. Loockerman St, Dover, Delaware prior to May 07,2020 Appeals of this citation may be submitted in writing to the City of Dover Inspections Department at the above address. This appeal must be made by the above date and time. Failure to pay this fine may result in the City of Dover seeking collections through an approved collections agency. The filing of an appeal does not excuse the obligation to pay the initial fine. Sec. 114-34. Fines (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid shall: (1) Be added to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (2) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred, and th~ procedures for enforcement or collection of said lien shall be as set out in section 114-33(b). Fines wi~L be doubLed if not paid within 14 days from the date the fine was issued. Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHES Sec No: 114-32 DCO GRASS/WEEDS MUSTi 'BE CUT WITHIN 7 DAYS (SEE EXHIBIT A) Fine as per code: $ 25.00 ([omlHunltp <!ExceUrncr ml)l'ongl) cmuahtp ~rrbICt>

Division of Code Enforcement QCitp of }1Bober 15 Loockerman Plaza Phone (302) 736-7011 Dover, DE 1990 I Fax: (3U2) 736-4217 EXHIBIT A (of the Citation) Enclosed is a citation issued by the Department of Inspections citing a violation of "failure to maintain grass/weeds at a proper height". Citation will double if not paid within 14 days of the issue date. The Ordinance allows a $50.00 per hour fee, if we have to arrange for the weeds and grass to be cut. This Code also provides a time period for corrective action. If the person fined does not bring the property in compliance within three (3) days, from the date of personal service of the citation, or within seven (7) days from the date of mailing of the citation, the City may remove the weeds, and charge the responsible person for such work that must be done to render the property in compliance with Section 114-32, 114-33, and 114-34 of the City of Dover Municipal Code. The penalties for this offense are as follows: First Offense $ 25.00 Second Offense $ 50.00 Third & Subsequent $100.00 We sincerely solicit your cooperation in helping to keep the City clean by maintaining this type property in a well kept manner, thus making our City a more pleasant place in which to live. If we can provide any further information concerning this matter, please feel free to contact our office at (302) 736-7011. Q[OllllllUnitp QExcl?lll?nrr mlJrOUfilJ <!I2uillitp $l?rbicr

Division of COde Enforcement QCitp of ilBober 15 Loockerman Plaza Phone: (302)736-7011 Dover. DEI 990I Fax:(302)736-4217 LAWN CARE REMINDER April 9, 2020 NICHOLAS PHILIP CALVANO 44 S GOVERNORS AVE OOVER OE 19904 RE: Property address: 44 S GOVERNORS AVE Tax Parcel Number: EO-05-077.05-03-360.000-000 Case Number: 20-00000669 OEAR Sir/Madam: The City Inspectors have noticed the grass and/or wee s in your yard are close to exceeding the EIGHT (8") inch high property code violation ( City Ordinance 114-32 grass and weeds may not exceed EIGHT (8") inches). Failure to maintain this ordinance can result in a citation being issued. If you are one of our many citizens who take good care of your property and this is the first time receiving this notice, please do not be offended. We understand that there may be an unusual circumstance causing the current situation. If you have any questions, please call 736-7011. Thank you f')r your cooperation. Sincerely, /%P~ Phillip Lewis Code Enforcement Officer Location: Exterior property areas Please cut grass before April 23, 2020

6/11/2020 Dover, DE Code of Ordinances Sec. 114-32. - Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. (Code 1968, § 30-4; Ord. of9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000) Charter reference- Power of council to define nuisances, subpart A, § 18. Sec. 114-34. - Fines. (a) Generally. Any person convicted of a violation of section 114-32, regardless of corrective actions taken, shall be punished for that violation by a fine as provided for in Appendix F- Fees and Fines. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to section 114-33(a). All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein. (b) Each day. Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. (c) Minimums. (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than the minimum amount as provided for in Appendix F-Fees and Fines. (2) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 18 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid shall: (1) Be added to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (2) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set out in section 114-33(b). (e) When not paid. 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. (Code 1981, § 21-19; Ord. of 3-23-1992; Ord. of 7-27-1992; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-22, 11-13-2012) 1/2

6/11/2020 Dover, DE Code of Ordinances Chapter 114. - Vegetation I Cha.pter 114. Vegetation I Fees and Fines__ ----II Article II. Weeds I I Every day that a violation of section 114-32 continues shall be considered a separate off:nsel for which the violator may be tried and convicted without necessity of further notice. 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. 114-33. Failure to maintain proper height; abatement by city; I costs and lien I ----+---~ Subsec. (a) Summons; action by city $50.00 per hour for such work that must be done to render the property in compliance with this article Sec. 114-34. Fines _J Subsec. (a) Generally In addition to charges or assessments imposed, a fine of not less than $25.00, nor more than $100.00 in accordance with minimum fine schedule in subsec. (c)( 1) 1/2

• Complete items' 1, 2, and 3. • Print your name and address on the reverse so that we ~an return the card to you. • Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1 If YES. enter delivery address below: NICHOLAS PHILIP CALVANO 44 S GOVERNORS AVE DOVER DE 19904 3. Service Type o Priority Mail (xpress® o Registered MailTM 1111111111111111111111111111111111111111111111 ~i~i!~~:l~;RestnctedDelive~ o Re!\listeredMail Restricted Dehve~ 9590 9402 3131 7166 3335 37 0 Certified Mail Restricted Delive~ o Return Receipt for Merchandise ---,------~-~-~--------l 0 Collect on Delive~ o Signature Confinnatlon™ 2. Article Number (Transfer from service label) 0 Collect on Delive~ Restricted Delive~ o Signature Confirmation 7018 1130 0001 2696 4045 ~;::RestrtctedDeIiVe~ Restricted Delive~ PS Form 3811. July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I ostal Service " '. ",' , . " ,~ Lt1 CERTIFIED MAIL® RECEIPT "" ::t' Domestic Mail Only CJ ::t' USE r-"l CJ CJ CJ .. -_ . - . ------ ------ -----

City of Dover June 18, 2020 Mr. Alan P. & Mrs. Janis T. Gaddis 448 North State Street, Dover, DE 19901 Re: Appeal of Citation #20-00001175 and Related Fines - 448 North State Street, Dover, Delaware Mr. and Mrs. Gaddis I have received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum height, by unlawfully permitting grass/weeds in excess of eight (8) inches at 448 North State Street, Dover Delaware. Sec. 114-32 of the Dover Code states the following: Sec. 114-32. Maximum height. It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths, or other noxious matter to grow to a height of eight inches or more. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, June 25, 2020 at 3:00 p.m. to hear your appeal. This meeting will be held through WebEx and may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting. 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 e-mail at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-408-419-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e9e92bedf2b4ecd90ae320b143f2631ca Event Number/Access Code: 129 023 9372 Event Password: DOVER Sincerely, Janella M. Tauchus Assistant City Clerk /jt S:\APPEALS\2020\6. 448 NORTH STATE STREET - GADDIS\Receipt of Appeal - Vegetation - Grass-Weeds 06-18-2020.wpd cc: Nicholas Rodriguez, City Solicitor William Pepper, Deputy City Solicitor David Hugg, Director of Planning and Community Development Ronald Coburn, Code Official Velvet Bowen, Code Official P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

June 10, 2020 Re: Alan P & Janis T Gaddis 448 N State St Dover, DE 19901 On June 6, 2020, we received a letter dated June 2, 2020 from Enforcement Officer Bowen indicating a property code violation. It stated that we are to correct the violation by June 12, 2020. We wish to appeal this violation and meet to discuss our active plan to address this matter. We have been given a remote meeting date of June 25 at 3:00 PM. Prior to the meeting we will email a packet of information supporting our position. Alan & Janis Gaddis

From: Alan Gaddis To: Tauchus, Janella M Subject: 6/25/20 appeal/meeting Date: Wednesday, June 10, 2020 3:16:33 PM Attachments: June 10,2020.docx

City of Dover June 18, 2020 Mr. Robert A. & Mrs. Nancy H. Kauffman McGinnis Commercial Real Estate Company 20 Eastgate Drive, Apt C Attn: Phillip McGinnis Boyneton Beach, FL 33436 555 E. Loockerman Street Dover, DE 19901 pjm@mcginnisrealty.com Re: Appeal of Decision - Change of Use and Vacant Building Registration and 8th Year Fee - 40 Ridgely Street, Dover, DE Case #: 12-00001089 Mr. and Mrs. Kauffman: I have received your request to appeal the decision of the Building Inspector regarding the change of use of the property located at 40 Ridgely Street and to register your property as vacant in accordance with Chapter 22 - Buildings and Building Regulations. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, June 25, 2020 at 3:00 p.m. to hear your appeal. This meeting will be held through WebEx and may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting. 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: 1-408-419-9388 Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=e9e92bedf2b4ecd90ae320b143f2631ca Event Number/Access Code: 129 023 9372 Event Password: DOVER Sincerely, Janella M. Tauchus Assistant City Clerk /TAM S:\APPEALS\2020\5. 40 RIDGLEY STREET - MCGINNIS\Receipt of Appeal - Vacant Building and Change of Use - 06-18-2020.wpd cc: David Hugg, Director of Planning and Community Development Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Greg Akers, Chief Building Inspector Ronald Coburn, Code Official Jason Osika, Fire Marshal P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

From: McDowell, Traci To: "Phil McGinnis" Cc: City Clerks Office Subject: RE: 40 Ridgley Street Date: Wednesday, June 3, 2020 10:45:40 AM Mr. McGinnis, We have received your appeal and will contact you about scheduling the hearing. Thank you, Traci A. McDowell, MMC City Clerk City of Dover, Delaware e-mail: tmcdowell@dover.de.us Ph: (302) 736-7009 Fax: (302) 736-5068 From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Wednesday, June 3, 2020 10:39 AM To: McDowell, Traci <tmcdowell@dover.de.us> Cc: hobo1702@comcast.net; Hugg, Dave <dhugg@dover.de.us>; Akers, Gregory C <GAkers@dover.de.us>; Mark Bonnie (markbonnie49@gmail.com) <markbonnie49@gmail.com> Subject: FW: 40 Ridgley Street Traci- On May 27, 2020, Greg Akers ruled that the Kauffman Building at 40 Ridgely Street was a manufacturing building, and that a proposed storage use would be a change of use. We dispute that determination, and therefore, on behalf of the property owner, we wish to appeal that decision. We will submit to you the necessary documentation proving the building use has not changed from the storage use that has continued since 1965 in the next week or so. Please advise if you need any other notice to file this appeal. Thank you in advance. Stay healthy – to all. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com From: ROBERT KAUFFMAN [mailto:hobo1702@comcast.net] Sent: Thursday, May 28, 2020 5:38 PM To: Phil McGinnis <pjm@mcginnisrealty.com> Subject: 40 Ridgley Street

Phil: Please file an appeal on our behalf on Greg Aker's decision that the proposed storage use is a change of use from manufacturing,because the building has always been used as storage. Thank you, Nancy and Bob Kauffman

From: McDowell, Traci To: Tauchus, Janella M Subject: FW: Kauffman 40 Ridgely Vacant Building Fine Date: Tuesday, June 16, 2020 1:35:16 PM Janella, Please see below. Thanks, Traci A. McDowell, MMC City Clerk City of Dover, Delaware e-mail: tmcdowell@dover.de.us Ph: (302) 736-7009 Fax: (302) 736-5068 From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, June 16, 2020 1:33 PM To: McDowell, Traci <tmcdowell@dover.de.us> Cc: Hugg, Dave <dhugg@dover.de.us> Subject: Kauffman 40 Ridgely Vacant Building Fine Traci- While I have not yet seen the actual form, I am told Mr Kauffman received yet another vacant building fine from the City of Dover. We will appeal that fine. Can we add it to the appeal we are hearing next week on the use? They are related in that the Inspections Dept won’t allow the man to use his building, and then pile on vacant building fines. Please advise. Thank you. Stay healthy. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com

KAUFFMAN WAREHOUSE PROPERTY BUILDING USE APPEAL EXHIBITS 40 RIDGELY STREET DOVER, KENT COUNTY, DELAWARE 19904

Phil McGinnis From: ROBERT KAUFFMAN <hobo1702@comcast.net> Sent: Thursday, May 28, 2020 6:19 PM To: Phil McGinnis Subject: 40 Ridgley Street Phil: The history of the property at 40 Ridgley Street is as follows: The building was built in 1965 by U.L.Harmon. They stored lumber and equipment. In1985 the building was purchased by Kauffman's Furniture to be used as a warehouse. In 1997 Kauffman's closed their business and in 1998 Kauffman's leased the building to Playtex for storage and display material. In 2001 or 2002 the Playtex lease was terminated. In 2001 or 2002 the building was leased to M & M Pallet for storage. In the latter part of 2009, the lease with M& M Pallet was terminated. We changed the zoning from M,Manufacturing, to C-3 Service Commercial on July 12,2010. Since that time to present, there were periods of short leases. We hope this is useful. Thanks,, Nancy and Bob 1

KAUFFMAN Property 40 RIDGELY street, dover, kent COUNTY, DELAWARE 19904 LEASE PRICE $ 3.75 PER SQUARE FOOT NET * $57,600 Per Year, $4,800 Per Month 24 – FOOT CEILINGS Tax Map Identification ED05-076.08-01-26.01 Deed Reference D299 - 136 Zoning M, Manufacturing, City of Dover Land Area 64,512 sq ft +/- 1.481 acre Frontage 177.25 ft +/- Depth 352.60 ft +/- Bldg Area (sq ft) 18,240 sq ft +/- LARGE BUILDING 15,360 sq ft +/- 84.21% SMALL BUILDING 2,880 sq ft +/- 15.79% Coverage Ratio 28.27% City Tax Assessment Per Sq Ft Rate Tax Per Sq Ft $304,900 $16.72 $0.330 $1,006.17 $0.06 PROPERTY $304,900 $16.72 $0.000 $0.00 $0.00 BID II $304,900 $16.72 $0.330 $1,006.17 $0.06 TOTAL County Tax Assessment Per Sq Ft Rate Tax Per Sq Ft $99,200 $5.44 $1.8519 $1,837.08 $0.10 TOTAL PROPERTY TAX $2,843.25 $0.16 ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 1 OF 6 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 2 OF 6 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 3 OF 6 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 4 OF 6 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 5 OF 6 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 6 OF 6 PAGES

KAUFFMAN WAREHOUSE PROPERTY 40 RIDGELY STREET, DOVER, KENT COUNTY, DELA 19904 LEASE PRICE $ 2.00 PER SQUARE FOOT NET * $30,720 PER YEAR, $2,560 PER MONTH 24 – FOOT CEILINGS ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 1 OF 5 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 2 OF 5 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 3 OF 5 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 4 OF 5 PAGES

ALL INFORMATION SUBMITTED SUBJECT TO ERRORS AND MODIFICATIONS. ALL INFORMATION CONTAINED HEREIN OBTAINED FROM RELIABLE SOURCES BUT NOT GUARANTEED. PROSPECTIVE PURCHASERS SHOULD VERIFY ALL INFORMATION SUBMITTED. LISTING BROKERAGE REPRESENTS SELLER. PAGE 5 OF 5 PAGES

COMMERCIAL PROPERTY RECORD CARD 2010 Printed: April 28, 2010 CITY OF DOVER Situs : 40 RIDGELY ST Map ID: ED05-076.08-01-26.01 Class: WAREHOUSES Card: 1 of 2 Routing#: CURRENT OWNER GENERAL INFORMATION KAUFFMAN ROBERT A & NANCY H Living Units 20 EASTGATE DR APT C Neighborhood C35 BOYNETON BEACH FL 33436 Alternate Id 5926 Vol / Pg District Zoning C-3 Class COMMERCIAL Property Notes Land Information Assessment Information Type Size Influence Factors Influence % Value Assessed Appraised Cost Income Market Primary AC 2.0000 Location -20 122,400 Land 122,400 122,400 122,400 0 Building 343,900 343,900 357,000 0 Total 466,300 466,300 479,400 0 Manual Override Reason Base Date of Value 01-JAN-2010 Value Flag INCOME APPROACH Effective Date of Value 01-JAN-2010 Total Acres: 2 Gross Building: Spot: Location: Entrance Information Permit Information Date ID Entry Code Source Date Issued Number Price Purpose % Complete 05/29/09 TH Unoccupied Other 04/09/07 0700000522 0 RAL Plumbing 04/03/07 0700000497 800 RAL Plumbing Sales/Ownership History Transfer Date Price Type Validity Deed Reference Deed Type Grantee Inspection Witnessed By _________________________________________________

COMMERCIAL PROPERTY RECORD CARD 2010 Printed: April 28, 2010 CITY OF DOVER Situs : 40 RIDGELY ST Parcel Id: ED05-076.08-01-26.01 Class: WAREHOUSES Card: 1 of 2 Routing#: Building Information Building Other Features Year Built/Eff Year 1965 / Line Type +/- Meas1 Meas2 # Stops Ident Units Line Type +/- Meas1 Meas2 # Stops Ident Units Building # 1 1 Truck & Train Wells 1 28 1 Structure Type Warehouse 1 Overhead Dr-Wood/Mtl 12 18 1 Identical Units 1 Total Units 1 1 Overhead Dr-Wood/Mtl 8 10 3 Grade C- # Covered Parking # Uncovered Parking DBA Interior/Exterior Information Line Level From - To Int Fin Area Perim Use Type Wall Height Ext Walls Construction Partitions Heating Cooling Plumbing Physical Functional 1 01 01 100 15,360 496 Warehouse/ Lt Mf 24 Metal, Light Fire Resistant Normal None None Normal 3 3 Interior/Exterior Valuation Detail Outbuilding Data Line Area Use Type % Good % Complete Use Value/RCNLD Line Type Yr Blt Meas1 Meas2 Qty Area Grade Phy Fun Value 1 15,360 Warehouse/ Lt Mfg 60 293,720 1 Light - In 1980 1 1 3 1 C 3 3 450 2 Asph Pav 1970 1 4,125 1 4,125 D 3 3 4,130

COMMERCIAL PROPERTY RECORD CARD 2010 Printed: April 28, 2010 CITY OF DOVER Situs : 40 RIDGELY ST Parcel Id: ED05-076.08-01-26.01 Class: WAREHOUSES Card: 1 of 2 Routing#: Addtional Property Photos

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Dover, DE : Assessor Database Property Search: Parcel ID: Owner 1 Name: Street Number: Street Name: kauffman ... Search Reset Property Detail: Parcel ID: Card: Street Number: Street Name: Zoning: LUC: Acres: ED05-076.08-01-26.01 1 40 RIDGELY ST C-3 WAREHOUSES 2.00 Owner Information: Property Images: Owner 1 Name: KAUFFMAN ROBERT A & NANCY H Picture: Owner 2 Name: REVOCABLE TRUST Building Information: Units: 1 Grade: C Structure Type: WAREHOUSE Year Built: 1965 Building Number: 1 Living Units: 0 Identical Units: 1 Valuation: Appraised Land: $160,800.00 Appraised Bldg: $345,900.00 Total: $506,700.00 Sketch:

Sales History: Book: Page: Sale Date: Price: Validity: Sale Type: VL-7839 74 09/29/2015 T 2 Out-Buildings: Code: Description: Units: Year Built: Size1: Size2: Area: Grade: Condition: LT2 LIGHT - INC-WL-MTD-FLD 3 1980 1 1 1 C NORMAL (Comm) PA1 PAVING ASPHALT PARKING 1 1970 1 4125 4125 D NORMAL (Comm) Building Interior/Exterior Information: Floor From: Floor To: Area: Use Type: Exterior Walls: Contruction Type: Heating: A/C: Plumbing: Functional Utility: 01 01 15360 WAREHOUSE/ LT MFG METAL, LIGHT FIRE RESISTANT NONE NONE NORMAL 3 01 01 3168 WAREHOUSE/ LT MFG CONCRETE BLOCK WOOD FRAME/JOIST/BEAM NONE NONE NORMAL 3

The information delivered through this on-line database is provided in the spirit of open access to government information and is intended as an enhanced service and convenience for citizens of Dover, DE. The providers of this database: Tyler CLT, Big Room Studios, and Dover, DE assume no liability for any error or omission in the information provided here. Comments regarding this service should be directed to: tim@bigroomstudios.com Mon. March 12, 2018 : 03:59 PM : 0.24s : 10mb

Dover, DE : Assessor Database Property Search: Parcel ID: Owner 1 Name: Street Number: Street Name: general ... Search Reset Property Detail: Parcel ID: Card: Street Number: Street Name: Zoning: LUC: Acres: ED05-076.00-01-12.00 1 1250 W NORTH ST IPM HEAVTY INDUSTRIAL 101.12 Owner Information: Property Images: Owner 1 Name: GENERAL FOODS CORP Picture: Owner 2 Name: Building Information: Units: 1 Grade: C Structure Type: MANUFACTURING Year Built: 1962 Building Number: 1 Living Units: 0 Identical Units: 1 Valuation: Appraised Land: $9,166,400.00 Appraised Bldg: $12,143,500.00 Total: $21,309,900.00 Sketch:

Out-Buildings: Code: Description: Units: Year Built: Size1: Size2: Area: Grade: Condition: PA1 PAVING ASPHALT PARKING 1 2008 0 0 10000 C NORMAL (Comm) LT3 LIGHT - FLO-POLE & BRK 24 1980 1 1 1 C NORMAL (Comm) LT4 LIGHT - INCN-POLE & BRK 44 1980 1 1 1 C NORMAL (Comm) PA1 PAVING ASPHALT PARKING 1 1980 0 0 400000 C NORMAL (Comm) CP6 CANOPY, ROOF/SLAB 1 2015 0 0 1750 C NORMAL (Comm) Building Interior/Exterior Information: Floor From: Floor To: Area: Use Type: Exterior Walls: Contruction Type: Heating: A/C: Plumbing: Functional Utility: 01 01 63980 MULTI-USE STORAGE METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 01 01 46646 MULTI-USE OFFICE CONCRETE NON-LOAD BEARING FIRE RESISTANT HOT WATER CENTRAL NORMAL 3 01 01 487535 WAREHOUSE/ LT MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 01 01 271253 HEAVY MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3

M1 M1 40855 MULTI-USE STORAGE METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 02 02 92459 HEAVY MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 03 03 23903 HEAVY MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 04 04 16222 HEAVY MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 05 06 6880 HEAVY MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 01 01 3288 HEAVY MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 The information delivered through this on-line database is provided in the spirit of open access to government information and is intended as an enhanced service and convenience for citizens of Dover, DE. The providers of this database: Tyler CLT, Big Room Studios, and Dover, DE assume no liability for any error or omission in the information provided here. Comments regarding this service should be directed to: tim@bigroomstudios.com Wed. June 17, 2020 : 04:01 PM : 1.45s : 10mb

Dover, DE : Assessor Database Property Search: Parcel ID: Owner 1 Name: Street Number: Street Name: W NORTH Search Reset Property Detail: Parcel ID: Card: Street Number: Street Name: Zoning: LUC: Acres: ED05-076.00-01-07.00 1 1340 W NORTH ST IPM LIGHT INDUSTRIAL 84.10 Owner Information: Property Images: Owner 1 Name: THE DOVER WIPES CO Picture: Owner 2 Name: Building Information: Units: 1 Grade: C Structure Type: MANUFACTURING Year Built: 1972 Building Number: 1 Living Units: 0 Identical Units: 1 Valuation: Appraised Land: $6,364,000.00 Appraised Bldg: $6,888,100.00 Total: $13,252,100.00 Sketch:

Out-Buildings: Code: Description: Units: Year Built: Size1: Size2: Area: Grade: Condition: RS3 BRICK/STN UTILITY SHED 1 1972 12 16 192 C NORMAL (Comm) SH3 FINISHED METAL SHED 1 1985 24 36 864 C NORMAL (Comm) RS1 FRAME UTILITY SHED 1 1993 20 26 520 C AVERAGE (Res) SH3 FINISHED METAL SHED 1 1985 32 75 2400 C NORMAL (Comm) LT1 LIGHT - MER-WL-MTD-FLD 77 1972 0 0 1 C NORMAL (Comm) LT4 LIGHT - INCN-POLE & BRK 24 1972 0 0 1 C NORMAL (Comm) PA1 PAVING ASPHALT PARKING 1 1972 0 0 125000 C NORMAL (Comm) Building Interior/Exterior Information: Floor From: Floor To: Area: Use Type: Exterior Walls: Contruction Type: Heating: A/C: Plumbing: Functional Utility: 01 01 5936 MULTI-USE OFFICE CONCRETE NON-LOAD BEARING FIRE RESISTANT HOT WATER CENTRAL NORMAL 3 02 02 1520 MULTI-USE OFFICE CONCRETE NON-LOAD BEARING FIRE RESISTANT HOT WATER CENTRAL NORMAL 3

01 01 382290 WAREHOUSE/ LT MFG METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 01 01 155004 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 02 02 15792 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 01 01 4416 MULTI-USE OFFICE CONCRETE NON-LOAD BEARING FIRE RESISTANT HOT WATER NONE NORMAL 3 M1 M1 3780 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 M2 M2 2380 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 M3 M3 21992 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 M4 M4 10416 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 M5 M5 1056 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 M6 M6 1320 SMALL MANUFACTURING METAL, SANDWICH PRE-ENGINEERED STEEL HOT WATER NONE NORMAL 3 The information delivered through this on-line database is provided in the spirit of open access to government information and is intended as an enhanced service and convenience for citizens of Dover, DE. The providers of this database: Tyler CLT, Big Room Studios, and Dover, DE assume no liability for any error or omission in the information provided here. Comments regarding this service should be directed to: tim@bigroomstudios.com Wed. June 17, 2020 : 04:16 PM : 1.58s : 11mb

Phil McGinnis From: Phil McGinnis Sent: Friday, May 22, 2020 11:24 AM To: gakers@dover.de.us Subject: Plans Kauffman Greg- I am retrieving the Kauffman plans. Are you available for me to drop them off please? Thanks. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com 1

Phil McGinnis From: Akers, Gregory C <GAkers@dover.de.us> Sent: Tuesday, May 26, 2020 5:34 PM To: Phil McGinnis Cc: gscott@scottengineering.com; Hugg, Dave; Osika, Jason A. Subject: RE: Kauffman Ridgely Street Hello Phil, Ag-matic submitted as an F-1, manufacturing Ag-matic sprayers, we have those plans – the most recent documented use going back to 2008 was an F-1 and we have that license…I advised you of the change – you provided new plans for the new occupancy, you dropped them off to me today. The buildings significantly exceeds 10,000 SF …..a sprinkler system is required. Regards, Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 26, 2020 3:40 PM To: Akers, Gregory C <GAkers@dover.de.us> Cc: gscott@scottengineering.com; Hugg, Dave <dhugg@dover.de.us> Subject: RE: Kauffman Ridgely Street Greg- The building was never used as F-1. We applied for F-1, for the Florida guy that was never able to comply with the requirements. The historical use has been storage, S-1 in Planning-speak, I guess. So we are not changing the occupancy. S-1 to S-1. Thanks in advance. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com 1

From: Akers, Gregory C [mailto:GAkers@dover.de.us] Sent: Tuesday, May 26, 2020 3:35 PM To: Phil McGinnis <pjm@mcginnisrealty.com> Subject: RE: Kauffman Ridgely Street 2

Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 26, 2020 3:08 PM To: Akers, Gregory C <GAkers@dover.de.us> Subject: RE: Kauffman Ridgely Street Greg- Please explain what F-1 occupancy is please. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com From: Akers, Gregory C [mailto:GAkers@dover.de.us] Sent: Tuesday, May 26, 2020 3:03 PM To: Phil McGinnis <pjm@mcginnisrealty.com>; gscott@scottengineering.com; Mark Bonnie (markbonnie49@gmail.com) <markbonnie49@gmail.com> Cc: Osika, Jason A. <josika@dover.de.us>; Hugg, Dave <dhugg@dover.de.us> Subject: RE: Kauffman Ridgely Street Phil, 3

You will want to read the entire section - your new plans confirm a change in occupancy in the existing building from an F-1 to an S-1. The plans are subject to a review for building code / life safety requirements, due to this just happening the assessment is likely not current….regardless – I am sorry - I cannot speak to tax assessment or those requirements regarding assessment. Respectfully, Greg Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 26, 2020 2:52 PM To: Akers, Gregory C <GAkers@dover.de.us>; gscott@scottengineering.com; Mark Bonnie (markbonnie49@gmail.com) <markbonnie49@gmail.com> Cc: Osika, Jason A. <josika@dover.de.us>; Hugg, Dave <dhugg@dover.de.us> Subject: RE: Kauffman Ridgely Street Greg- I am reading Section 1.1 which calls for “new” buildings, which we are not, and “existing buildings which undergo a change of occupancy,” which we are not. Nor are we modifying 50% of the floor area. The building has historically been used for storage, and is assessed as “warehouse” by Cheryl Bundek. So it does not appear to me that sprinklers would be required in this case. Thanks in advance. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com 4

From: Akers, Gregory C [mailto:GAkers@dover.de.us] Sent: Tuesday, May 26, 2020 1:58 PM To: Phil McGinnis <pjm@mcginnisrealty.com>; gscott@scottengineering.com; Mark Bonnie (markbonnie49@gmail.com) <markbonnie49@gmail.com> Cc: Osika, Jason A. <josika@dover.de.us>; Hugg, Dave <dhugg@dover.de.us> Subject: RE: Kauffman Ridgely Street 40 Ridgely St. PERMIT #20-285 Good afternoon, In receipt of your most recent addendum submission for the new proposed occupancy as a “Storage1” - please know that the there is a significant difference in the total square footage in this submission 15,232 total SF vs the previous submission as a Factory 1 which was 7,616 total SF. Please know that the actual square footage proves substantially to exceed 10,000 SF (see the DSFPR referenced in part just below - Section 1.2.1- “In all buildings exceeding 10,000 SF of aggregate, gross floor area.” As a result the plans as submitted cannot be approved without the required sprinkler system as required by Delaware’s State Fire Prevention Regulations – attached below for your information and reference. 5

Please feel free to contact us in regard for any questions or concerns. Respectfully, Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo 6

From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 26, 2020 10:05 AM To: Akers, Gregory C <GAkers@dover.de.us> Subject: RE: Kauffman Ridgely Street Greg- I will be there in three minutes. Thanks. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com 7

Phil McGinnis From: Greg Scott <gscott@scottengineering.com> Sent: Tuesday, May 26, 2020 3:22 PM To: Akers, Gregory C; Mark Bonnie (markbonnie49@gmail.com); Phil McGinnis Cc: Osika, Jason A.; Hugg, Dave Subject: Re: Kauffman Ridgely Street The square footage shown on the initial submission was in error and that was my fault. I read the dimension for half the building times the overall length when I calculated the square footage. What is in the plan now is correct. As Phil pointed out, the use is not changing from what it was previously before the prior submission. The square footage has not changed either. My interpretation of the existing building code indicated that if the use and space did not change the requirement for addding sprinklers did not kick in. Greg Scott, P.E. From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 26, 2020 2:51:39 PM To: Akers, Gregory C <GAkers@dover.de.us>; Greg Scott <gscott@scottengineering.com>; Mark Bonnie (markbonnie49@gmail.com) <markbonnie49@gmail.com> Cc: Osika, Jason A. <josika@dover.de.us>; Hugg, Dave <dhugg@dover.de.us> Subject: RE: Kauffman Ridgely Street Greg- I am reading Section 1.1 which calls for “new” buildings, which we are not, and “existing buildings which undergo a change of occupancy,” which we are not. Nor are we modifying 50% of the floor area. The building has historically been used for storage, and is assessed as “warehouse” by Cheryl Bundek. So it does not appear to me that sprinklers would be required in this case. Thanks in advance. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com From: Akers, Gregory C [mailto:GAkers@dover.de.us] Sent: Tuesday, May 26, 2020 1:58 PM To: Phil McGinnis <pjm@mcginnisrealty.com>; gscott@scottengineering.com; Mark Bonnie (markbonnie49@gmail.com) <markbonnie49@gmail.com> Cc: Osika, Jason A. <josika@dover.de.us>; Hugg, Dave <dhugg@dover.de.us> Subject: RE: Kauffman Ridgely Street 40 Ridgely St. PERMIT #20-285 Good afternoon, 1

In receipt of your most recent addendum submission for the new proposed occupancy as a “Storage1” - please know that the there is a significant difference in the total square footage in this submission 15,232 total SF vs the previous submission as a Factory 1 which was 7,616 total SF. Please know that the actual square footage proves substantially to exceed 10,000 SF (see the DSFPR referenced in part just below - Section 1.2.1- “In all buildings exceeding 10,000 SF of aggregate, gross floor area.” As a result the plans as submitted cannot be approved without the required sprinkler system as required by Delaware’s State Fire Prevention Regulations – attached below for your information and reference. Please feel free to contact us in regard for any questions or concerns. Respectfully, 2

Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Tuesday, May 26, 2020 10:05 AM To: Akers, Gregory C <GAkers@dover.de.us> Subject: RE: Kauffman Ridgely Street Greg- I will be there in three minutes. Thanks. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell mailto:pjm@mcginnisrealty.com 3

Phil McGinnis From: Akers, Gregory C <GAkers@dover.de.us> Sent: Friday, May 1, 2020 11:38 AM To: Phil McGinnis Subject: RE: 40 Ridgely St. Hello Phil You need to resubmit plans / permit that demonstrate compliance with a storage use- a versed architect will know what to provide. I want to make sure we are together here – so please understand you can’t just cross out the name on the existing plans and call it storage. The plans will have to be revised to comply with those minimums needed for a Storage Occupancy – there are different types of Storage – be certain you communicate what will be stored with your architect so he / she knows what to do. When you have someone on board – Jason and I can meet with them /conference call if need be. Thanks, Greg Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo From: Phil McGinnis <pjm@mcginnisrealty.com> Sent: Friday, May 1, 2020 11:18 AM To: Akers, Gregory C <GAkers@dover.de.us> Subject: RE: 40 Ridgely St. Okay Greg. Disappointing, but okay. So in a nutshell, what should I do, please? Thanks in advance. Stay healthy. Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO McGinnis Commercial Real Estate Company 302-736-2710 office 302-270-0656 cell 1

mailto:pjm@mcginnisrealty.com From: Akers, Gregory C [mailto:GAkers@dover.de.us] Sent: Friday, May 1, 2020 10:57 AM To: Phil McGinnis <pjm@mcginnisrealty.com>; Mark Bonnie <markbonnie49@gmail.com> Cc: Osika, Jason A. <josika@dover.de.us>; Hugg, Dave <dhugg@dover.de.us> Subject: 40 Ridgely St. Importance: High 40 Ridgely St. Permit 20-285 Phil, It is my understanding per the Fire Marshal’s office via todays inspection, that the referenced project is now intended for use as a storage facility and not as an approved F-1. Please understand that these are 2 different occupancies per the building / life safety codes. *If you are intending an occupancy different than the approved plans submitted – re submission for the new use is required that demonstrate compliance with the same. Inspections for a storage facility that is approved / intended for a factory use cannot be approved, your current permit is not valid- the related adopted code is referenced below. 2009 IBC (referenced) 105.4 Validity of permit. The issuance or granting of a permit shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this code or of any other ordinance of the jurisdiction. Permits presuming to give authority to violate or cancel the provisions of this code or other ordinances of the jurisdiction shall not be valid. The issuance of a permit based on construction documents and other data shall not prevent the building official from requiring the correction of errors in the construction documents and other data. The building official is also authorized to prevent occupancy or use of a structure where in violation of this code or of any other ordinances of this jurisdiction. If a “Storage” occupancy is what’s being proposed then in order to achieve a certificate of occupancy for Storage - compliance for the same is required. Respectfully, Greg Akers Greg Akers Greg Akers Chief Building Inspector Dover – The Capital City of Delaware 2

ICC Certified, IBC, IRC, AACE-IPMC Phone – 302.736.7010, 7011 or 302.736.4457 Laus Deo 3

Chapter 22 - BUILDINGS AND BUILDING REGULATIONS Footnotes: --- (1) --- Charter reference— Power to provide for fire protection, subpart A, § 20; power of city to regulate buildings, subpart A, § 22. State Law reference— Buildings and plumbing, 16 Del. C. § 7501 et seq. ARTICLE I. - IN GENERAL Sec. 22-1. - Construction and property maintenance code board of appeals. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local real estate industry association. Members shall serve one-year terms unless sooner removed. All appointments are subject to confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of appeals shall elect one of its members as chairperson. (b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing. Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994; Ord. No. 2016-19 , 8-22-2016) Sec. 22-2. - Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22-3—22-30. - Reserved. ARTICLE II. - BUILDING INSPECTOR Sec. 22-31. - O ce created; appointment. There is hereby created the office of building inspector. The building inspector shall be selected by the city council during its annual meeting. (Code 1968, § 2-75; Code 1981, § 5-1) Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-32. - Additional powers and authority. Along with other powers and authority granted to the building inspector in this chapter, including the codes adopted herein, the building inspector shall have the following powers and authority: (1) Temporary certificates of occupancy. The building inspector shall have authority to issue temporary certificates of occupancy for buildings and structures which do not comply with the codes, upon the terms and conditions as set forth in this section. (2) Affidavit to complete work. In the event that the owner and builder of a structure are in agreement that certain items, such as grading, seeding, soil stabilization, and other similar work, cannot be completed because of the weather or the season, but that these items can be completed by the builder after a temporary certificate of occupancy is granted, and the owner takes

possession of the property, then the building inspector may grant a temporary certificate of occupancy, conditioned upon the builder executing an affidavit agreeing to complete the necessary items specified therein, within a time period specified therein, with sanctions to be imposed by the building inspector for noncompliance by the builder, to include, but not to be limited to, revocation of the temporary certificate of occupancy, refusal to issue to the builder further building permits on other parcels, and such other administrative action as the building inspector may deem appropriate. (3) Hardship. Upon adequate hardship being shown to the building inspector and upon agreement of all parties, including the owner or equitable owner and the builder, the building inspector may issue temporary certificates of occupancy for buildings and structures where any work of a minor nature is required in the future to comply with the codes, provided that all parties sign an agreement to this effect and the builder executes an affidavit, with the conditions and stipulations provided in subsection (2) of this section, agreeing to the imposition of sanctions for noncompliance to be imposed by the building inspector. (4) Agreements and affidavits for granting certificates. The building inspector shall prepare uniform agreements and affidavits to be used in granting temporary certificates of occupancy as stated herein. (5) The building inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary, in the execution of their duties. a. The building inspector shall notify the owner and tenant before conducting any inspection. b. The building inspector or his duly authorized assistants shall display identification signed by the city manager upon commencing an inspection. c. Inspections shall be commenced in the presence of the owner, or his representative or tenant. (Code 1981, § 5-2; Ord. of 5-13-1991; Ord. of 4-14-2008) Secs. 22-33—22-60. - Reserved. ARTICLE III. - BUILDING CODE Sec. 22-61. - Adopted. (a) International Building Code adopted. Certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Building Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet. 2. Oil derricks. 3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. 7. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 8. Swings and other playground equipment accessory to a one or two-family dwelling. Window awnings supported by

an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U Occupancies. 9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height. Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end of the section: "and does not exceed the 3 year time limit as stated in 105.5.2."; and insert the following subsections: 105.5.1. Time limitation of permit. A permit for any activity for which a permit is required shall be valid for 180 days from the date of issuance. One 180-day extension may be granted without additional charge to the permit holder. Additional 180-day extensions may be granted with payment of a renewal fee as specified in Appendix F: Fees and Fines. 105.5.2. Completion of construction. All construction for which a building permit is required must be completed and pass final inspection within three (3) years after issuance of the building permit. If not completed within three (3) years, a new building permit must be obtained and any associated fees paid incurred by the previous submission. SECTION 107 SUBMITTAL DOCUMENTS 107.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed." Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance with the schedule as established by the applicable governing authority". New construction valuation will be confirmed using the most current ICC valuation chart information unless otherwise approved by the authority having jurisdiction. SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations, Article I—In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines as provided for in Appendix F—Fees and Fines. Each day that a violation continues shall be deemed a separate offense." in place of: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." Section 1612.3. Flood Insurance Study for the City of Dover, dated July 7, 2014, or as subsequently amended or revised. Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher. Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain document, three copies of which are on file in the licensing and permitting office in the city, being marked and designated as the International Residential Code 2009 edition, as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection,

installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the building code adopted in subsection (a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200". Delete numbers 2 through 5 in their entirety. Replace number 7 with the following: "Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2 sets and as defined by the professional registration laws of the State of Delaware and be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed". Where special conditions exist, the building official is authorized to require additional construction documents as described here. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. SECTION R108 FEES R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in accordance with the schedule as established by the applicable governing authority". SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. SECTION R113 VIOLATIONS Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation Penalties" in place of "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law." SECTION R114 STOP WORK ORDER Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Design Seismic Subject to Damage From Winter Ice Flood Air Mean Snow Design Design Barrier Hazards g Freezing Annual Speed Topo- Weathering Frost Termite c Load d Category f a Temp e Under- Index i Temperature j (mph) graphic line layment e ects Depth k b Required h

25 95 NO A Severe 24" Moderate 14° NO Adopted 450 55° gust To Heavy in 77 Chapter fastest 50 of the Code of the City of Dover Table R301.2(1), footnote (g): September 16, 1982, Flood Insurance Study for Kent County and Incorporated Areas, dated July 7, 2014, or as subsequently amended or revised. Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following at the end of footnote "c": Calculations demonstrating compliance with the minimum live load shall be provided by a registered design professional for stairs and fire escapes that do not have additional "stringer" or "carriage" support located and equally distributed in the middle section of the stair width. SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS—Delete this section in its entirety. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 18 inches or at least 3.5 feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. CHAPTER 4 FOUNDATIONS SECTION R403 FOOTINGS R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing." Insert ", but in all cases shall be a minimum of 24 inches × 24 inches × 12 inches deep." at the end of the following sentence: "The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table 401.4.1." R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15" overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety.

R403.1.4 Minimum Depth. Insert "24" in place of "12". Amend R403.1.4.1 Frost protection—Exceptions to read: 1. Frost Protection of freestanding residential accessory/utility structures with an area of 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be frost protected. Freestanding accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie-downs or equivalent manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors attached in the center of each side unless frost protection applies as stated herein. All accessory/utility structures greater than 240 square feet, all pole buildings and all garages shall have frost protection (footings). 2. Decks not supported by a dwelling shall also be provided with footings that extend below the frost line. Single story supported in part by a dwelling and with 4" × 4" posts shall have footings that are a minimum of 8 inches in diameter; with 6" × 6" posts a minimum of 12" diameter is required; the bottom of all such footings shall be a minimum of 24" below finished grade and be at least 6" deep. Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. (c) The ICC Performance Code for Buildings and Facilities. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The ICC Performance Code for Buildings and Facilities 2009 Edition" as published by the International Code Council be and is hereby adopted as the Performance Code of the City of Dover in the State of Delaware for regulating and governing the performance-based design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building and/or fire protection systems in the city. (d) The International Existing Building Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Existing Building Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Existing Building Code of the City of Dover in the State of Delaware for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided. (e) The International Energy Conservation Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Energy Conservation Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Energy Conservation Code of the City of Dover in the State of Delaware for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems as herein provided. (Code 1968, § 9-1; Code 1981, § 5-16; Ord. of 4-9-1984, § 1; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 9-11-1995; Ord. of 1-27-1997; Ord. of 3-13- 2000; Ord. of 4-11-2005(2); Ord. of 4-11-2005(3); Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2010-02, 5-10-2010; Ord. No. 2014-09, 6- 9-2014 ; Ord. No. 2016-19 , 8-22-2016) Sec. 22-62. - De nitions. (a) Whenever the term "municipality" or "city" is used in the publications adopted by reference in this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation council" or "city attorney" is used in the publications adopted by reference in this article, it shall be construed to mean the city solicitor. (c) Whenever in the publications adopted by reference in this article a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. (Code 1968, § 9-3; Code 1981, § 5-17) Sec. 22-63. - Con icting provisions. In the event of any conflict between the provisions of the publications adopted by reference in this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 5-18)

Sec. 22-64. - Enforcement. The building inspector shall enforce the provisions of this article. (Code 1968, § 2-75; Code 1981, § 5-19) Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-65. - Permit fees. (a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools, demolitions, moving, or construction plan reviews, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Reinspections. There will be no charge for the first reinspection of a permit. For subsequent reinspections the applicant shall pay a fee as provided for in Appendix F. (c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving permits shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (Code 1981, § 5-21; Ord. of 6-28-1982, § 1; Ord. of 4-13-1987; Ord. of 11-22-1993; Ord. of 4-25-1994; Ord. of 9-11-1995; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009) Secs. 22-66—22-100. - Reserved. ARTICLE IV. - ELECTRICAL INSTALLATIONS Footnotes: --- (2) --- Charter reference— Power of city to regulate use of electric current furnished by city, subpart A, § 25. Sec. 22-101. - Electrical code adopted. (a) Copies filed; effect. There is hereby adopted by reference, for the purpose of establishing rules and regulations for the installation, renewal, extension, and reception of electric wiring and electric apparatus in existing buildings, structures or outdoor electrical displays or signs, that certain code known as the "National Electrical Code," as recommended by the National Fire Protection Association, and the same is hereby adopted and incorporated as fully as if set out at length herein, and shall be controlling for all electrical wiring and apparatus in buildings, structures, or outdoor electrical displays, or signs within the city. (b) Violations. It shall be unlawful for any person to violate any of the provisions of the code adopted in subsection (a) of this section. (Ord. of 10-23-1972, § 1; Code 1981, § 5-31; Ord. of 3-11-1991; Ord. of 4-11-2005(3)) Sec. 22-102. - Enforcement and inspections generally. The publication adopted by reference in this article shall be enforced by the office of the building inspector. The building inspector shall, upon the installation, renewal, extension and reception of any electric wiring and electric apparatus pursuant to this article, cause an inspection or inspections to be made by himself or his duly authorized agents, to determine that the electrical work conforms with the provisions of this article of the city and the statutes of the state. (Ord. of 10-23-1972, § 2; Code 1981, § 5-32) Charter reference— Power of the city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-103. - Approved materials, ttings, and devices. Only the materials, fittings and devices enumerated in the listings of Underwriters' Laboratories, Inc., or approved by the inspection authority, as revised from time to time, shall be used in the electrical work regulated by this article.

(Ord. of 10-23-1972, § 7; Code 1981, § 5-33) Sec. 22-104. - Emergency shuto switch required for certain appliances. Whenever an application for inspection is required under the terms of this article for electrical wiring and apparatus to be done in connection with a gas or oil burner installation in any existing building or structure or in the construction, reconstruction, alteration or repair of buildings or structures, there shall be installed an emergency shutoff switch, with a red plate thereon marked "oil burner" or "gas burner," as the case may be, at the entrance to the basement or heating room. (Ord. of 10-23-1972, § 8; Code 1981, § 5-34) Sec. 22-105. - Application for inspection. (a) Required. No person shall install, receive, renew or extend electrical wires or conductors to be used for the transmission of electric current for electric light, heat or power purposes in existing buildings, structures or outdoor electrical displays or signs, or in the construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs, without first applying for an application for inspection to do so pursuant to the provisions of this article. (b) Addressee. All such applications for inspection shall be made to the building inspector or, in lieu thereof, to the city's authorized inspection agency, hereinafter referred to as that agency specializing in such inspections, as determined and approved by the building inspector. (c) Form; contents. Such application form shall contain questions designed to elicit information to determine whether or not said proposed electrical wiring and electrical apparatus complies with all ordinances of the city or laws of the state. (d) Fee. Each such application form shall be accompanied by a fee as prescribed by this article. (e) Proof to building inspector. The city's authorized inspection agency shall furnish to such building inspector proof, in writing, that an application for inspection of the proposed electrical wiring and electrical apparatus has been made to such agency to determine that the electrical work conforms with the provisions of this article. The payment of all inspection fees and charge of such agency shall be borne by the applicant. (f) Inspection of premises. Each applicant for inspection shall cause the premises covered by the application to be open for inspection to the building inspector and his agents and the representative or representatives of the city's authorized inspection agency at all reasonable times. (g) Certificate of approval. Upon determination by the building inspector or any authorized inspection organization that the proposed electrical wiring and electrical apparatus comply with the National Electrical Code adopted in this article and the provisions of this article and the provisions of the city ordinances and the laws of the state, a certificate of approval shall be issued forthwith. (h) Expiration. All applications for inspections shall expire at the expiration of one year from the date of issuance by the building inspector or the city's authorized inspection agency. (i) False information. Any person making any false answer to any of the questions or items set forth in such application form shall forthwith forfeit and surrender any application issued pursuant thereto. (Ord. of 10-23-1972, § 3; Code 1981, § 5-35) Sec. 22-106. - Inspection of work under application. (a) Purpose; concealed wiring. All inspections shall be made to ensure that the proposed electrical work complies with the provisions of this article. No electric wiring shall be concealed unless inspected and approved by the building inspector or his agents and the representative of the city's authorized inspection agency, but such inspection or reinspection shall be made within a reasonable time after notice of the completion of the electrical work sought to be inspected for approval. A duplicate record of each written approval made by the city's authorized inspection agency shall be filed with the building inspector. (b) Decisions by building inspector. All decisions made to determine whether or not the proposed electrical work complies with the provisions of the National Electrical Code shall be made by the building inspector. (c) Stop work orders. The building inspector shall have the power to stop electrical work and order the removal thereof when he determines that such work is being installed not in conformity with all ordinances and the laws of the state. (d) Waiver of inspection. The building inspector may waive his inspection of all or that portion of the proposed electrical work for which he shall have received a duplicate record of approval by the city's authorized inspection agency that it complies with the provisions

of this article. The building inspector shall be informed of all violations not corrected within 15 days of notification to the contractor by the city's authorized inspection agency. (Ord. of 10-23-1972, § 4; Code 1981, § 5-36) Sec. 22-107. - Inspection of existing wiring and apparatus. (a) Required. In order to safeguard persons and property against the hazards and perils incident to defective electric wiring and apparatus that are or may now be in existence within the city, the building inspector is hereby given the duty to inspect with his agents and the representative of the city's authorized inspection agency, when requested by proper authority, or when public interest so requires, any premises within the city at reasonable times to ensure that the existing electric wiring system and apparatus is not defective and unsafe. (b) Decisions by building inspector. All decisions that the existing electric wiring system and apparatus is defective shall be made by the building inspector, in writing, on notice to the owner of the premises served forthwith personally or by regular mail addressed to the address as shown on the latest tax records, with reasons for his decision. (c) Corrections. Upon the building inspector's decision that the existing electric wiring system is defective and unsafe as aforesaid, the system or portions of the system which are defective and unsafe shall be discontinued until it is corrected and made to comply with the provisions of this article. (Ord. of 10-23-1972, § 5; Code 1981, § 5-37) Sec. 22-108. - Permit exemptions. (a) Enumerated. No permit shall be required under this article for the following electrical work: (1) Minor repairs. Any minor repair work, such as the replacement of lamps and fuses; (2) Utility companies. Any electric light or power company, electric railway company, steam railway company, diesel railway company, or telegraph or telephone company, and any person performing the electrical work of any such company, when such work is a part of the plant or services used by the company in rendering its authorized service to the public; (3) Employees on the premises. Any person employed by any other person to repair and maintain or to supervise the repair and maintenance of any electrical equipment on the premises and buildings of the employer; (4) Home installations. Any person who installs his own electrical work, service or equipment in or about his own home and not for sale, except that such person shall be required to file an application for inspection with the proper electrical inspection authority; (5) Supervised employees. Any employee of any person engaged in the performance of electrical work while under the supervision of any master electrician, or general master electrician limited; (6) Agricultural property. Property used exclusively for agricultural purposes, except for the necessity to file for an application for an inspection certificate with the authorized inspection authority where new installations are involved; (7) Electrical engineers. Any manufacturing or industrial establishment retaining in its own employment a professional electrical engineer with at least ten years' experience in planning and design. Such engineer may inspect the plant's additional electrical installations if the said industrial plant files with the state board of electrical examiners and the building inspector the name of the electrical engineer that would be responsible for such electrical inspection and files with the board of electrical examiners and the building inspector a letter stating that all additional electrical installations meet the minimum standards of the National Electrical Code once a year. (b) Insertion of devices, appliances. Nothing in this article shall be construed so as to forbid the insertion in electrical circuits by unlicensed persons of devices or appliances which are properly designed for such insertion and for which proper wiring and insertion devices are installed. (c) Heating, etc. Nothing in this article shall be so construed as to restrict anyone from servicing equipment in the fields of heating, air conditioning, refrigeration, or appliances. (Ord. of 10-23-1972, § 10; Code 1981, § 5-38) Sec. 22-109. - Permit fees. (a) No fee. There shall be no fee for permits or renewals thereof by the building inspector as may be required by this article. (b) Applications for inspections. Fees for applications for inspections issued by the city's authorized inspection agency, as may be

required of this article, shall be as determined by said agency and approved by the building inspector. (Ord. of 10-23-1972, § 11; Code 1981, § 5-39) Sec. 22-110. - Violations. Any person who shall violate any of the provisions of this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall do or cause to be done electrical work in violation of any detailed statement, or specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building inspector within the time fixed therein, shall, severally for each and every such violation and noncompliance respectively, be punished as provided for in Appendix F—Fees and Fines. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. (Ord. of 10-23-1972, § 12; Code 1981, § 5-40; Ord. No. 2009-09, 6-22-2009) Sec. 22-111. - Modi cations. The building inspector shall have the power to modify any of the provisions of this article, upon application, in writing, by the owner of a premises or his agent, when there are practical difficulties in the way of carrying out the strict letter of this article, provided that the spirit of this article shall be observed, public safety secured, and substantial justice done. (Ord. of 10-23-1972, § 9; Code 1981, § 5-41) Sec. 22-112. - Appeals. (a) Demand for hearing. Every applicant and owner of a premises and other parties in interest shall have the right to demand, in writing, a hearing before the board of adjustment to contest any decision or order made by the building inspector pursuant to this article. Such demand for a hearing shall be signed by the contesting party, stating what portions of the building inspector's decision or orders are contested and his interest in the premises. (b) Time and place for hearing; notice. The board of adjustment shall fix a time and place for the hearing, not less than ten days, nor more than 30 days after receiving such demand for a hearing, and cause a notice of the hearing to be served personally or by regular mail on the contestant, owner of the premises and other parties in interest. (c) Appearances; evidence. The contestant, owner of the premises and other parties in interest shall have the right to appear in person, or otherwise, and give testimony at the hearing, and the rules of evidence prevailing in the courts shall not be controlling. (d) Decision; service on parties in interest. The board of adjustment, within a reasonable time after such hearing, shall make its decision, and the city clerk shall serve a copy of the decision personally or by regular mail on the contestant, owner of the premises and other parties in interest. (Ord. of 10-23-1972, § 6; Code 1981, § 5-42) Sec. 22-113. - Restriction on city's liability and inspections. The city shall not incur liability, with regard to the installation, wiring or appliances used, from any violation of this article or from any accident resulting from the installation, and shall not be obliged to inspect any installation before or after electricity is introduced. (Code 1968, § 12-3; Code 1981, § 5-43) Secs. 22-114—22-140. - Reserved. ARTICLE V. - MECHANICAL CODE Sec. 22-141. - Adopted. (a) Certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as the International Mechanical Code 2009 Edition, including appendix chapter "A", as referenced in the building code adopted in 22-

61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, as referenced in the building code adopted in section 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump permit fees" in place of "The fees for all mechanical work shall be as indicated in the following schedule:" In place of: Section 106.5.3 Fee refunds. Delete in its entirety. SECTION 108 VIOLATIONS Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See 22-61(a)International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" SECTION 109 MEANS OF APPEAL. Delete section in its entirety. (b) If any section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Code 1981, § 5-56; Ord. of 4-9-1984, § 2; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(4); Ord. of 4- 14-2008; Ord. No. 2010-02, 5-10-2010) Sec. 22-142. - De nitions. (a) Whenever the word "municipality" or the word "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall be construed to mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. (Code 1981, § 5-57) Sec. 22-143. - Con icting provisions.

In the event of any conflict between the provisions of the publication adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 5-58) Sec. 22-144. - Enforcement. The building inspector shall enforce the provisions of the publication adopted by reference in this article. (Code 1968, § 2-75; Code 1981, § 5-59) Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-145. - Heating, air conditioning, and heat pump permit fees. (a) Enumerated. Before any heating, air conditioning, or heat pump permit shall be issued, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (Code 1981, § 5-61; Ord. of 6-28-1982, § 3; Ord. of 4-13-1987; Ord. of 4-25-1994; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009) Secs. 22-146—22-180. - Reserved. ARTICLE VI. - PLUMBING CODE Footnotes: --- (3) --- State Law reference— Basic plumbing principles, 16 Del. C. § 7901 et seq. Sec. 22-181. - Adopted. (a) [International Plumbing Code.] Certain documents, three copies of which are on file in the licensing and permitting office in the city, being marked and designated as International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as referenced in the building code adopted in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced in the building code adopted in 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised: Exception: The 2009 International Private Sewage Disposal portion of this code is not adopted, as enforced by other authorities having jurisdiction. Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" Section 106.6.2 Fee Schedule. Insert "See Section 5.75 22-65 Permit Fees" in place of "The fees for all plumbing work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]". Section 106.6.3 Fee refunds. Delete in its entirety. Section 108.4 Violation Penalties. Insert: "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or

certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See Section 22-61(a) International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" (b) International Fuel and Gas Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city being marked and designated as "The International Fuel and Gas Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in the State of Delaware; for regulating and governing fuel gas systems and gas fired appliances as herein provided. (c) [Severability.] That if any section, subsection, sentences, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause and phrase therefore, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. (Code 1981, § 5-71; Ord. of 4-9-1984, § 3; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(5); Ord. of 4- 14-2008; Ord. No. 2010-02, 5-10-2010) Sec. 22-182. - De nitions. (a) Whenever the word "municipality" or the word "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation council" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. (Code 1981, § 5-72) Sec. 22-183. - Con icting provisions. In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 5-73) Sec. 22-184. - Enforcement. The building inspector shall enforce the provisions of the publication adopted by reference in this article. (Code 1968, § 2-75; Code 1981, § 5-74) Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-185. - Permit fees. (a) Enumerated. Before any permit shall be issued for a plumbing permit a fee shall be paid unto the city as provided for in Appendix F —Fees and Fines. (b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has

commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (Code 1981, § 5-75; Ord. of 6-28-1982, § 2; Ord. of 4-13-1987; Ord. of 4-25-1994; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009) Sec. 22-186. - Water conservation performance standards. (a) General policy. No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to be obtained (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water fixtures therein conform to the requirements and standards of subsection (b) of this section. The provisions of this section shall apply to any such building or structure for which such a building permit is issued or would otherwise be required to be issued but for such an exemption on or after December 10, 1990. (b) Plumbing fixtures and fittings. (1) Water closets and associated flushing mechanisms. The water consumption of water closets shall not exceed an average of 1.6 gallons per flush cycle. The fixture shall perform in accordance with the test requirements of the ANSI A122.19.2M and ANSI A112.19.6M. (2) Urinals and associated flushing mechanisms. Urinal water consumption shall not exceed an average of 1.5 gallons per flush cycle. The fixtures shall perform in accordance with the test requirements of ANSI 122.19.2M and ANSI A112.19.6M. (3) Showerheads. Showerhead discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in accordance with the test requirements of ANSI A122.18.1M. (4) Faucets. Sink and lavatory faucet discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M. (c) Special provisions. (1) Special purpose equipment. The performance standards of subsection (b) of this section shall not apply to fixtures and fittings, such as emergency showers, aspirator faucets and blowout fixtures, that, in order to perform a specialized function, cannot meet the specified standards. (2) Exemptions. Any person may apply to the city for an exemption to the terms of this section, which may be granted by the city manager upon proof that some other device, system or procedure will save as much or more water as those set forth herein or that those set forth herein cannot be complied with without undue hardship. (d) Modification and removal. The city may from time to time modify, add to or remove the standards and restrictions herein. (Code 1981, § 5-76; Ord. of 12-10-1990; Ord. of 4-25-1994) Secs. 22-187—22-220. - Reserved. ARTICLE VII. - PROPERTY MAINTENANCE CODE Footnotes: --- (4) --- Charter reference— Power of city to regulate buildings, subpart A, §§ 20, 22. Sec. 22-221. - Adopted. (a) A certain document, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"

SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). (Code 1981, § 10-1; Ord. of 7-10-1989; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010; Ord. No. 2016-19 , 8-22-2016) Sec. 22-222. - De nitions. (a) Whenever the word "municipality" or "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. (Code 1981, § 10-2; Ord. of 7-10-1989) Sec. 22-223. - Con icting provisions. In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 10-3; Ord. of 7-10-1989) Sec. 22-224. - Enforcement. The city planner shall enforce the provisions of the publication adopted by reference in this article. (Code 1981, § 10-4; Ord. of 7-10-1989; Ord. of 4-14-2008) Sec. 22-225. - Reserved. Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, repealed § 22-225. Former § 22-225 pertained to property maintenance board of appeals and derived from the Code of 1981; Ord. of 7-10-1989; and Ord. of 4-10-2000. Secs. 22-226—22-250. - Reserved. ARTICLE VIII. - LEASES Sec. 22-251. - Unlawful leases. (a) Compliance with zoning. No owner or landlord shall enter into any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates occupancy of any structure contrary to the use requirements of the city zoning ordinance as set forth in appendix B. Any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates such occupancy by more persons than permitted in appendix B to this Code is unlawful and hereby declared to be contrary to public policy. (b) Noise; disorderly conduct; drugs. All agreements, contracts, leases, or subleases for the occupancy of dwelling units shall prominently stipulate that any renter or occupier of the rental unit shall not violate section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct in connection with the use of the premises and shall also prominently stipulate that any renter or

occupant of the rental unit shall not commit any drug offense on the premises. The agreement, contract, lease, or sublease shall also prominently stipulate that if any renter or occupant shall be convicted more than one time in any one-year period of violating section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct in connection with the use of the premises or is convicted of any drug offense which occurred on the premises, the renter or occupier shall be considered to have breached a lawful obligation relating to his use of the premises and shall be grounds for termination of the agreement, contract, lease, or sublease as it applies to that renter or occupant. (c) Notice of conviction to landlord. The city shall notify the landlord, owner, or owner's agent if a renter or occupant of the rental unit is convicted of violating section 42-2 pertaining to noise, section 70-3 pertaining to disorderly conduct or any drug law. Notice shall be deemed to be properly served upon the owner or the owner's agent if a copy thereof is delivered to the owner, or the owner's agent; or by leaving a notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion, who shall be informed of the contents thereof, or by certified mail addressed to the owner or the owner's agent at the last known address, with return receipt requested; or lastly by posting a copy thereof in a conspicuous place in or about the structure affected by the notice. (d) Notice to renter. Within seven days of the receipt of notice that a renter or occupier has been convicted of violating section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, the landlord, owner, or owner's agent shall cause notice to be served upon the affected renter or occupier that if a second such violation occurs within one year, the rental agreement will be terminated. (e) Second violation; termination of lease. Within seven days of the receipt of the notice that a renter or occupier has been convicted of a second violation of section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, or has been convicted of a drug offense, the landlord, owner, or owner's agent shall cause to be served upon the affected renter or occupier, notice that the rental agreement is terminated and that the renter or occupier has not more than seven days to vacate the unit. (f) Failure of renter or landlord to comply. If the renter or occupier fails to vacate the unit within the time specified in the notice, the landlord, owner, or owner's agent shall immediately initiate and diligently pursue, in good faith, summary proceedings for possession as specified in the Residential Landlord-Tenant Code (25 Del. C. § 5101 et seq.). The failure of the landlord, owner, or owner's agent to initiate or diligently pursue, in good faith, summary proceedings for possession shall constitute a violation of this section and shall subject the landlord, owner, or owner's agent to the penalties provided herein. (g) Violations; penalties. Any person, firm, or corporation who violates any provision of this section shall have his rental license for the premises revoked and shall be punished by a fine as provided for in Appendix F—Fees and Fines. (Code 1981, § 10-41; Ord. of 10-15-1991; Ord. of 8-23-2004; Ord. No. 2009-09, 6-22-2009) Secs. 22-252—22-280. - Reserved. ARTICLE IX. - LODGINGHOUSES DIVISION 1. - GENERALLY Sec. 22-281. - Purpose; applicability; de nitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare insofar as the continued occupancy and maintenance of lodginghouses operated for public use affect them. The health, safety and welfare of the occupants of the lodginghouses are of the utmost importance to the city. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to lodginghouses. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Lodginghouse means a building operated principally for the temporary residence of the transient public, including but not limited to hotels, motels, tourist homes, and dormitories. (d) Compliance. No person shall operate, occupy or let to another for occupancy any lodginghouse which is not in compliance with this chapter. No person shall operate, occupy or let to another for occupancy any lodginghouse unless it is clean and sanitary, and complies with the requirements of this article.

(Code 1981, § 10-61; Ord. of 4-10-2000) Sec. 22-282. - Responsibilities of operator. The operator of every lodginghouse shall be responsible for: (1) Maintaining all supplied bedding in a clean and sanitary condition; (2) Changing all supplied bed linens and towels at least once each week and upon the renting of any room; (3) Supplying clean towels daily; (4) Maintaining the property in accordance with the International Property Maintenance Code adopted in section 22-221 and the International Fire Code adopted in section 46-121(a). (Code 1981, § 10-62; Ord. of 4-10-2000) Sec. 22-283. - Inspections. The licensing and permitting office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect lodginghouses for compliance with the property maintenance code and all other applicable codes to ensure compliance. (Code 1981, § 10-63; Ord. of 4-10-2000; Ord. of 4-14-2008) Secs. 22-284—22-300. - Reserved. DIVISION 2. - PERMIT Sec. 22-301. - Generally. (a) Required. It shall be unlawful for any person to let, or offer to let, space in any lodginghouse by advertisement, without first obtaining a permit from the licensing division of the department of planning and inspections in order to determine compliance with the provisions of this chapter. (b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. (c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F—Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-303 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then such fees may be entered into the municipal lien docket as a lien owing the city, and the same may be turned over to the city solicitor for collection. (f) Utilities. The owner or occupant of any lodginghouse shall not be entitled to receive city utilities until the permit fee required in this section is paid in full and city personnel shall refuse to provide sewage, water and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. (Code 1981, § 10-76; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009) Sec. 22-302. - Application and issuance. No permit shall be issued until the applicant has complied with the provisions of this chapter applicable to lodginghouses and until the applicant has furnished the licensing division of the department of planning and inspections with any other information that may be required. (Code 1981, § 10-77; Ord. of 4-10-2000) Sec. 22-303. - Suspension.

(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, wh determines that the lodginghouse or the premises surrounding the lodginghouse fails to meet the requirements of this chapter or any regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building insp the suspension shall have been reversed on appeal. (b) Notice to owner. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (c) Appeal. Any owner or operator of any lodginghouse, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed and an existing permit shall remain in force until the appeal is decided. (Code 1981, § 10-78; Ord. of 4-10-2000) Secs. 22-304—22-330. - Reserved. ARTICLE X. - RENTAL DWELLINGS DIVISION 1. - GENERALLY Sec. 22-331. - Purpose; applicability; de nitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of dwellings operated for lease to the public. The health, safety and welfare of the occupants of the dwellings are of the utmost importance to the city, as is the general community character in which these dwelling units are located. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to rental dwellings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, (b) Class A misdemeanor, or (c) any of the following offenses: any drug offense defined by Title 16 of the Delaware Code, and the following misdemeanors in addition to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601—Offensive touching, § 602—Menacing, § 628— Vehicular assault 3, § 763—Sexual harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—Graffiti, § 820— Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106—Unlawfully dealing with a child, § 1301—Disorderly conduct, § 1313—Malicious interference with emergency communications, § 1315—Public intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323—Obstructing of public passage, § 1341—Lewdness, § 1342— Prostitution, § 1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 1446—Unlawfully dealing with a switchblade knife. (2) Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (3) Multiple-family dwellings means dwelling units operated as a group, and located in the same building. This shall include apartments, roominghouses, condominium dwelling units, and accessory apartments located within structures principally used for owner occupancy. (4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or persons in exchange for monetary payment or provision of goods or services to the owner of the dwelling unit. (5) Single-family dwellings means dwelling units operated singly, and separated from other units. In general, this definition shall apply to single-family detached dwellings; mobile homes and manufactured homes; and attached units, including duplexes and townhouses. (d) Compliance required. No person shall operate, occupy or let to another for occupancy any dwelling which is not in compliance with the International Property Maintenance Code adopted in section 22-221 and all other applicable codes.

(Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8-2016) Sec. 22-332. - Inspection required. (a) The code enforcement office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to ensure compliance. (b) Following an inspection, the code enforcement office shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first followup inspection. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F—Fees and Fines. (Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013) Sec. 22-333. - Agent required. (a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other rental 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 rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the building inspector or city planner, within a reasonable time. (b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling shall have a designated member, partner, or employee having charge, care, and control of the rental dwelling. The designated member, partner or employee shall reside in or have an office located in the county, or shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other rental real estate for a fee, and who resides in the county, acting as a property manager. The property manager, family members or other designated individuals shall have charge, care and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the building inspector or city planner, within a reasonable time. (Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013-04, 4-8-2013) Secs. 22-334—22-350. - Reserved. DIVISION 2. - PERMIT Sec. 22-351. - Generally. (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental dwelling without obtaining a permit from the licensing division of the department of planning and inspections in order to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31. The fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31st will be prorated from the date the permit is issued until the next January 31st. (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling without first obtaining an annual permit therefor from the licensing division of the department of planning and inspections in order to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31st will be prorated from the date the permit is issued until the next January 31st. (c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F—Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then 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. (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive city utilities until the permit fee required in this

section is paid in full and city personnel shall refuse to provide sewage, water and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. (Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-2013) Sec. 22-352. - Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when: (1) The building inspector determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto; (2) The failure of the property owner or property manager to initiate and prosecute in good faith eviction proceedings following notification by the city that the terms of the safe communities lease addendum have been violated; or (3) The failure of the property owner or property manager to attend a safe communities seminar when required by section 22- 371(b). Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed. (b) Notice of violations. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed and an existing permit shall remain in force until the appeal is decided. (Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013) Secs. 22-353—22-369. - Reserved. DIVISION 3. - SAFE COMMUNITIES Sec. 22-370. - Criminal activity. Tenants of rental dwellings, any member of the tenant's household, any guest or other person under the tenant's control shall not engage in criminal activity on or within 500 feet of the lot on which the rental dwelling resides. (Ord. No. 2013-04, 4-8-2013) Sec. 22-371. - Safe communities seminar. (a) The City of Dover police department shall offer a safe communities seminar a minimum of two times each calendar year. The seminar shall be voluntary, except in the following circumstances: (1) When a rental dwelling permit has been suspended in accordance with section 22-352, the property owner or manager shall attend the seminar prior to reinstatement of the suspended rental dwelling permit; or (2) When a rental dwelling has been the subject of response by the police department on three or more occasions within a six month period, due to occasions where the tenant, any member of the tenant's family, or any guest or other person under the tenant's control have engaged in criminal activity, the property owner or managers shall attend the seminar. (b) Upon notification by the chief of police that the safe communities seminar is required in accordance with subsection (2) above, the department of planning and inspections shall notify the property owner and/or property manager that he is required to attend the next scheduled safe communities seminar. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing to the property owner and property manager if a property manager is on record with the department of planning and inspections. (Ord. No. 2013-04, 4-8-2013)

Sec. 22-372. - Safe communities lease addendum. (a) All residential leases shall include a safe communities lease addendum, signed by the property owner and tenant, in the following form: In addition to all other terms of the lease, landlord and tenant agree as follows: (1) The tenant, any member of the tenant's household, any guest or any other person under the tenant's control on or within 500 feet of the leased premises: i. Shall not engage in criminal activity, including drug-related criminal activity, on or within 500 feet of the leased premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession of any illegal or controlled substance defined by 16 Del. C. Ch. 47. ii. Shall not engage in any act intended to facilitate criminal activity. iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal activity. (2) Any activity prohibited by the safe communities lease addendum shall constitute a substantial violation of the lease, material noncompliance with the lease, and grounds for termination of tenancy and eviction. (b) The department of planning and inspections shall provide the safe communities lease addendum. (c) An executed copy of the safe communities lease addendum shall be required for all rental dwellings in the City of Dover prior to establishment of a utility account for the premises. (Ord. No. 2013-04, 4-8-2013) Sec. 22-373. - Eviction required. (a) If the tenant, any member of the tenant's household, any guest or other person under tenant's control engages in criminal activity as defined by section 22-331(c)(1) and Chapter 22, Buildings and Building Regulations, of the Dover Code on three or more occasions within a 12-month period, the chief of police shall notify the department of planning and inspections to initiate the safe communities lease termination notice procedure directing the property owner or property manager to terminate the tenancy in accordance with subsection (b). (b) Upon notification by the chief of police that termination of tenancy is required in accordance with subsection (a), the department of planning and inspections shall notify the property owner and property manager that they have 30 days to initiate the eviction or otherwise terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing, to the property owner and property manager if a property manager is on record with the department of planning and inspections. (Ord. No. 2013-04, 4-8-2013) Secs. 22-374—22-380. - Reserved. ARTICLE XI. - DANGEROUS BUILDINGS Sec. 22-381. - De nitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous buildings means all buildings or structures which have any or all of the following defects or uses: (1) Leaning interior walls. Those of which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering. (3) Loads on roofs. Those which have improperly distributed loads upon the floors or roofs or which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. (4) Fire damage, etc. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life,

safety, morals, or the general health and welfare of the occupants or the people of the city. (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. (6) Light, air, sanitation. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein. (7) Fire escapes, etc. Those having inadequate facilities in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication. (8) Loose parts. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people of this city. (10) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city. (11) Drug sales, use, etc. Those which are being used for the unlawful selling, serving, storing, giving away or manufacturing (which includes the production, preparation, compounding, conversion, processing, packaging or repackaging) of any drug, which includes all narcotic or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the Uniform Controlled Substances Act (16 Del. C. § 4701 et seq.). (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. (13) Incomplete buildings. Those under construction, if the authorized work is substantially suspended or abandoned for a period of three months or more. (Ord. of 2-28-1955, § 1; Code 1981, § 5-86; Ord. of 10-28-1996; Ord. of 3-13-2000) Sec. 22-382. - Standards for repair, vacation or demolition. The following standards shall be followed in substance by the building inspector in ordering repair, vacation, or demolition of dangerous buildings: (1) Repair. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired. (2) Vacation. If the dangerous building is in such a condition or is being used as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated and closed. Buildings ordered closed shall not be reopened until a certificate of occupancy is issued. (3) Demolition. In any case where a dangerous building is 50 percent damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard as determined by the fire marshal, or is existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it may be demolished. (Ord. of 2-28-1955, § 2; Code 1981, § 5-87; Ord. of 10-28-1996) Sec. 22-383. - Nuisance declared. All dangerous buildings within the terms of section 22-381 are hereby declared to be public nuisances, and shall be repaired, vacated and closed or demolished as hereinbefore and hereafter provided. (Ord. of 2-28-1955, § 3; Code 1981, § 5-88; Ord. of 10-28-1996) Sec. 22-384. - Duties of building inspector. The building inspector shall:

(1) Inspect public buildings. Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters, hote or commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such p dangerous building within the terms of section 22-381. (2) Complaints. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. (3) Reported violations. Inspect any building, wall or structure reported (as hereinafter provided for) by the fire or police departments of this city as probably existing in violation of this article. (4) Dangerous buildings. Inspect such other buildings as shall from time to time come to his attention as possibly dangerous buildings within the terms of section 22-381. (5) Notice to owner. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, of any building found by him to be a dangerous building within the standards set forth in section 22-381, that: a. Duties of owner. The owner must vacate and close, or repair, or demolish said building in accordance with the terms of the notice and this article; b. Duties of occupant. The occupant or lessee must vacate and close said building or may have it repaired in accordance with the notice and remain in possession; c. Persons with interest. The mortgagee, agent or other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, may, at their own risk, repair, vacate and close, or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate and close, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein; d. Appeal. The person or entity receiving notice by the building inspector shall have the right to appeal his decision directly to the council and have a hearing conducted in accordance with the provisions of section 22-385 before council, provided that the notice of appeal is filed with the city clerk no later than five days after receiving notice from the building inspector. (6) Order to remedy conditions. Set forth in the notice provided for in subsection (5) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable. (7) Noncompliance with notice. Report to the council any noncompliance with the notice provided for in subsections (5) and (6) hereof. (8) Testify at hearings. Appear at all hearings conducted by the council and testify as to the condition of dangerous buildings. (9) Notice on buildings. Place a notice on all dangerous buildings, reading as follows: "This building has been found to be a dangerous building by the building inspector. This notice is to remain on this building unit until it is repaired, vacated and closed, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of Kent County. It is unlawful to remove this notice until such notice is complied with." (10) Orders of council. Carry out all orders of the council to cause the repair, vacation and closure, or demolition of dangerous buildings pursuant to section 22-385. In causing the vacation of the dangerous building, the building inspector may order the city utilities to be disconnected. In causing the closure of dangerous buildings, the building inspector may direct the removal from the building of all furniture, equipment and other personal property left by vacated occupants. (Ord. of 2-28-1955, § 4; Code 1981, § 5-89; Ord. of 10-28-1996; Ord. of 7-8-2002) Sec. 22-385. - Hearing before council. The council of the city shall: (1) Notice of hearing. Upon receipt of a report of the building inspector as provided for in section 22-384(7), give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the

records of the recorder of deeds of the county, to appear before it on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated and closed, or demolished in accordance with the statement of particulars set forth in the building inspector's notice provided for herein in section 22- 384(6). (2) Conduct of hearing. Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as shown by the land records of the recorder of deeds of the county, shall offer relative to the dangerous building. Hearings relative to reported dangerous buildings as defined in section 22-381(11) shall include the testimony of the city chief of police, who may submit arrest records, complaint records, and affidavits relative to the property as evidence for the hearing. (3) Findings. Make written findings of fact from the testimony offered pursuant to subsection (2) of this section as to whether or not the building in question is a dangerous building within the terms of section 22-381. (4) Order. Issue an order based upon findings of fact made pursuant to subsection (3) of this section, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown on the land records of the recorder of deeds of the county, to repair, vacate and close, or demolish any building found to be a dangerous building within the terms of this article, setting the time within which said building shall be repaired, vacated and closed, or demolished, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the recorder of deeds of the county may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the city as provided in subsection (5) hereof. (5) Failure to comply. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4) hereof within ten days, cause such building or structure to be repaired, vacated and closed, or demolished, as the facts may warrant, under the standards hereinbefore provided for in section 22-384, and shall, with the assistance of the city solicitor, cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this city, the council shall notify the city solicitor to take legal action to force the owner to make all necessary repairs or demolish the building. (6) Report to solicitor. Report to the city solicitor the names of all persons not complying with the order provided for in subsection (4) hereof. (Ord. of 2-28-1955, § 5; Code 1981, § 5-90; Ord. of 10-28-1996) Sec. 22-386. - Violations; penalty for disregarding notices or orders. (a) Violations by owner. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate and close, or demolish said building given by the council shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F—Fees and Fines. (b) Violations by occupant or lessee. The occupant or lessee in possession who fails to comply with any notice to vacate and close or who fails to repair said building in accordance with any notice given by the council as provided for in this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F—Fees and Fines. (c) Removal of notice. Any person removing the notice provided for in section 22-384(9) shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided for in Appendix F—Fees and Fines. (d) [Late payment.] 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. (Ord. of 2-28-1955, § 6; Code 1981, § 5-91; Ord. of 10-28-1996; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009) Sec. 22-387. - Duties of the city solicitor. The city solicitor shall: (1) Prosecutions. Prosecute all persons failing to comply with the terms of the order provided for in section 22-385(4). (2) Hearings. Appear at all hearings before the council in regard to dangerous buildings.

(3) Collections. Bring suit to collect all municipal liens, assessments, or costs incurred in repairing or causing to be vacated and closed dangerous buildings. (4) Other legal action. Take such other legal action as is necessary to carry out the terms and provisions of this article. (Ord. of 2-28-1955, § 7; Code 1981, § 5-92; Ord. of 10-28-1996) Sec. 22-388. - Emergency cases. In cases where it reasonably appears that there is an immediate danger to the life or safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in section 22-385(5). (Ord. of 2-28-1955, § 8; Code 1981, § 5-93; Ord. of 10-28-1996) Sec. 22-389. - Procedure when owner absent from the city. In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. (Ord. of 2-28-1955, § 9; Code 1981, § 5-94) Sec. 22-390. - Administrative liability. No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit against any officer, agent, or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city solicitor until the final determination of the proceedings therein. (Ord. of 2-28-1955, § 10; Code 1981, § 5-95) Sec. 22-391. - Duties of re marshal and city employees. The fire marshal, all members of the fire department, all officers of the police department, and all other employees of the city shall report, in writing, to the building inspector all buildings or structures within the city which shall come to their knowledge or attention as being dangerous buildings within the terms of this article. (Ord. of 2-28-1955, § 11; Code 1981, § 5-96) Secs. 22-392—22-399. - Reserved. 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 identification 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 affected 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 affecting or relating to vacant buildings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. 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 different meaning.

(1) Vacant building means a building, structure, or dwelling that has been unoccupied for more than three consecutive months; or a c tenant space greater than 10,000 square feet in an otherwise occupied building, that has been left unoccupied for more than thre 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 offered 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. 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 office 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 office located in the county, or shall be required to have a licensed property manager residing or having an office 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 defined. 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 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 findings, the building inspector may register the property as a vacant building subject to this chapter. a. Notice of registration. Within five business days of such registration, the licensing and permitting office shall notify the

owners of the registered property by certified 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 fire damage. The owner has 90 days to file 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 offered for sale or lease for a maximum period of five years. After such time this article will be in effect. Proof of activity shall fall on the owner to provide. See definition. (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 notification to do so by the City of Dover staff, 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 definition) 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)

Chapter 22. - Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day granted with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than shall be deemed a separate o ense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First o ense $100.00 Second o ense $250.00 Third o ense $500.00 Fourth and subsequent o enses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor.

Subsec. (a) Building permits $25.00 for rst $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for rst $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00

Subsec. (a) Swimming pool permits $25.00 for rst $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if demolished for the purpose of vacating the land for future condemned and development or construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of to doubling) plans Subsec. (b) Reinspections (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Article IV. Electrical Installations Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount.

Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 rst 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the rst ve tons and $7.00 per ton over ve tons or multiple thereof

Subsec. (a) Heat pump permit $40.00 rst 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the rst ve tons and $7.00 per ton over ve tons or multiples thereof Article VI. Plumbing Code Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 rst ve xtures and $3.00 for each additional xture Garbage disposal and hot water heaters A minimum fee of $35.00

Gas, water and sewer inspection underground $30.00 for rst 150 feet and $0.75 for each additional ten feet or multiple thereof Article VIII. Leases Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First o ense $50.00 Each subsequent o ense $100.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $50.00 for the rst ten rooms and $5.00 for each additional room.

Annual dormitory permit fee $50.00 for the rst ten rooms and $2.50 for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $50.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit

Single-family detached dwelling, each dwelling $100.00 Single-family attached dwelling, each dwelling $80.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $100.00 Multiple dwellings consisting of four or more dwelling units: For the rst three dwelling units $100.00 For each additional dwelling unit in excess of three $35.00 Condominium units and accessory apartments located within $35.00 structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article XI. Dangerous Buildings Fines not paid within 14 days of the day the ne was issued, including the day the ne was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each o ense, minimum $100.00

Subsec. (b) Violations by occupant or lessee, each o ense, $100.00 minimum Subsec. (c) Removal of notice, each o ense, not to exceed $100.00 Article XII. Vacant Buildings Fines not paid within 14 days of the day the ne was issued, including the day the ne 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 $1,500.00 years Buildings vacant for more than three years but less than ve $3,000.00 years Buildings vacant for ve years or longer $5,000.00