CPMCBA PACKET Redacted
Construction and Property Maintenance Code Board of Appeals. 21 oktòb 2020.
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Paj 1
Construction and Property Maintenance
Code Board of Appeals
Agenda
October 21, 2020 - 3:30 p.m.
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=e3cce1092e090c41b474c7afde3d
c3e19
Event number/Access code: 173 976 4373
Event password: DOVER (if needed)
Adoption of Agenda
1. Property Maintenance Code Citation (Dover Code - Chapter 98 - Streets, Sidewalks, Storm Sewers
and Other Public Places, Article I - In General, Section 98-5 - Duty of Tenants or Owners to
Maintain Sidewalks and Landscaped Areas Within the Street Right-of-Way) - Appeal of Citation
and Fines - 125 Greentree Drive (James S. Pillsbury)
2. Property Maintenance Code Citation (2009 International Property Maintenance Code - Chapter 3
- General Requirements, Section 302.1 - Sanitation and Dover Code - Chapter 106 - Traffic and
Vehicles, Article III - Stopping, Standing and Parking, Division I - Generally, Section 106-130 -
Wrecked, Nonoperating, or Improperly Parked or Equipped Vehicles, (c) Parking in Grass) -
Appeal of Citation and Fines - 625 Lakewood Place (Emily B. Wilson)
3. Adjournment
/mr
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Agendas\CPMCBA\2020\10-21-2020 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.
Paj 2
Sec. 98-5. - Duty of tenants or owners to maintain sidewalks and landscaped areas within the street
right-of-way.
(a) It shall be unlawful for the owner or occupant of any premises abutting upon a sidewalk to permit or
allow snow or ice to remain thereon for longer than 12 hours of daylight after it has ceased snowing,
or to permit debris or other materials to accumulate at any time so that pedestrians may conveniently
and safely pass.
(b) It is the responsibility of the owner or occupant of any premises abutting upon a sidewalk to keep
the landscaped area between the sidewalk and the curbline, or where no sidewalk exists between
the property line and curbline or paved street, maintained in accordance with the standards set forth
in chapter 114, article II, pertaining to weeds.
(c) It shall be unlawful to sweep, blow, or otherwise discharge grass clippings into any street, sidewalk,
storm drain, or water course more than incidental amounts of grass.
(d) Violations; penalties. Any person(s) violating any provision of this section shall be fined as provided
for in Appendix F—Fees and Fines.
(Code 1968, § 28-25; Code 1981, § 19-5; Ord. of 8-10-1987, § 1; Ord. of 2-23-1998; Ord. No.
2014-19, 9-8-2014 )
Paj 3
City of Dover
October 14, 2020
Dr. James Pillsbury
141 Shinnecock Road
Dover, DE 19904
Re: Appeal of Citation #20-00002364 and Related Fines - 125 Greentree Drive, Dover Delaware
Dr. Pillsbury:
I have received your request to appeal the citation and fines related to the violation of Chapter 98 - Streets,
Sidewalks, Storm Sewers and Other Public Places, Article I - In General, Section 98-5 - Duty of tenants or owners
to maintain sidewalks and landscaped areas within the street right-of-way at 125 Greentree Drive, Dover Delaware.
Sec. 98-5 (b) of the Dover Code states the following:
Sec. 98-5. Duty of tenants or owners to maintain sidewalks and landscaped areas within the street right-of-way.
(b) It is the responsibility of the owner or occupant of any premises abutting upon a sidewalk to keep the
landscaped area between the sidewalk and the curbline, or where no sidewalk exists between the property
line and curbline or paved street, maintained in accordance with the standards set forth in chapter 114,
article II, pertaining to weeds.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled
for Wednesday, October 21, 2020 at 3:30 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=e3cce1092e090c41b474c7afde3dc3e19
Event Number/Access Code: 173 976 4373
Event Password: DOVER Sincerely,
Megan Ramsey
Administrative Assistant
TAM/mr
S:\APPEALS\2020\8. 125 GREENTREE DRIVE - JAMES PILLSBURY\RECEIPT OF APPEAL - PROPERTY MAINTENANCE - EXTERIOR - 125 GREENTREE DRIVE
- 1.DOCX
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service
Paj 4
Appeal of Citation #20-00002364 and Related Fines - 125 Greentree Drive, Dover Delaware Page 2
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Velvet Bowen, Inspector
Ronald Coburn, Inspector
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service
Paj 5
IRU~©~DW~[Q)
SEP 22- 2020
JMSJ Best LLC September 17, 2020
141 Shinnecock RD. OI'PICBOP 1HB CITY CLP.RI{
Dover, DE 19904
Division of Code Enforcement
15 Loockerman Plaza
Dover, DE 19901
Attn: Velvet Bowen
Dear Ms. Bowen,
I am writing to appeal citation # 20-00002364, copy attached. The areas of uncut
grass do not belong to JMSJ Best. Please see attached diagram clearly showing the
boundary of JMSJ Best property and the adjacent property of the" The Greens of
Dover."
I would also like my money back as I have already paid the fine and had the area
in question mowed.
JMSJ Best
2 Atch
Paj 6
Division of
Code Enforcement
<!Citp of 1!lobrr
15 Loockennan Plaza Phone: (302) 736-70 II
Dover. DE 19901 Fax: (302) 736-4217
CITATION
Citation # 20-00002364
JMSJ BEST LLC
141 SHINNECOCK RD
DOVER DE 19904
Location of Offense: 125 GREENj:RI!;t:
OK
Type of Offense: TALL GRASS AND WEED
Date of Offense: September 9, 2020
Time of Offense: 14:33
Date of Issue: September 9, 2020
Previous Offense, If any - Date: 5/28/2020
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 September 24, 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 Lax
collection process, and
(2) Be placed by the city as specified in the municipal lien dockeL
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 l14-33(b).
Fines wil.l. be doubl.edif not paid within 14 days from the date the
EVj];J71·~
VELVET BOWEN
Code Enforcement Officer
Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHES
Sec No: 114-32 DCO GRASS/WEEDS MUST BE CUT WITHIN 7 DAYS (SEE EXHIBIT A)
Fine as per code: $ 25.00
~ommunit!' QExcrIlrllCr'm:1)rOll«b ~ualit!' ~rrlJicr
Paj 7
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Paj 8
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141 Shinnecock Rd.
Dover, DE 19904
PHILADELPHIA PA 190
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Dover, DE 19901
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Attn: Velvet Bowen
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Paj 9
Planning & Inspections View Page 1 of 1
Planning & Inspections View with Web AppBuilder for ArcGIS
All rights reserved
I.
https:lldoverde.maps.arcgis.comlapps/webappviewer/index.html?id=e741 bc8780634 7c69cebcf443e736142 9/22/2020
Paj 12
Sec. 106-130. - Wrecked, nonoperating, or improperly parked or equipped vehicles.
(a) Prohibited. It shall be unlawful for any person to park any vehicle or permit any vehicle to remain
parked on the streets of the city when that vehicle is wrecked, nonoperating or improperly equipped
to such an extent that it would be unlawful to drive the vehicle upon the streets of the city in its
condition.
(b) Leaving vehicles on property.
(1) It shall be unlawful for any person in charge or in control of any property within the city, whether
as owner, tenant, occupant, lessee or otherwise, to:
a. Allow any vehicle partially dismantled, stripped, nonoperating or in such repair as to render
it unable to operate legally on a public street, or a wrecked, junked or discarded vehicle to
remain on the property for more than five days; or
b. Allow any operable unregistered or uninspected vehicle to remain on the property for more
than 90 days.
(2) This subsection shall not apply with regard to a vehicle in an enclosed building or enclosed
area designed and approved for such purposes, a vehicle on the premises of a business
enterprise licensed and approved for vehicle storage or salvage or repair, or a vehicle in an
appropriate storage place or depository maintained in a lawful place and manner as approved
by the city.
(3) Unregistered or uninspected vehicles whose owners have properly parked and secured them
and who have notified the department of planning and inspections may be granted extensions
of the 90-day limit on keeping of unregistered or uninspected vehicles for reasons including but
not limited to out-of-state military service, illness, extended travel or such other reasons as
approved by the department.
(c) Parking in grass. Vehicles shall not be permitted to be parked in front, side, or rear yards required
by appendix B pertaining to zoning, except in approved driveways, garages, carports, or parking
pads.
(Code 1968, § 31-81; Code 1981, § 13-37; Ord. of 11-12-1996; Ord. No. 2018-07 , 8-27-2018)
State Law reference— Driving of hazardous vehicles prohibited, 21 Del. C. § 4335.
Paj 13
City of Dover
October 14, 2020
Ms. Emily B Wilson
625 Lakewood Place
Dover, DE 19904
Re: Appeal of Citation #20-00002096 and Related Fines - 625 Lakewood Place, Dover Delaware
Ms. Wilson:
I have received your request to appeal the citation and fines related to the violation of the 2009 International Property
Maintenance Code - Chapter 3 - General Requirements, Section 302.1 - Sanitation and of the Dover Code, Chapter 106 -
Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 1 - Generally, Section 106-130 - Wrecked,
nonoperating, or improperly parked or equipped vehicles, (c) Parking in grass at 625 Lakewood Place, Dover Delaware.
Section 302.1 of the 2009 International Property Maintenance Code states the following:
Section 302.1 Sanitation.
All exterior property and premises shall be maintained in a clean, safe and sanitary condition. The
occupant shall keep that part of the exterior property which such occupant occupies or controls in
a clean and sanitary condition.
Section 106-130 of the Dover Code states the following:
Section 106-130 - Wrecked, nonoperating, or improperly parked or equipped vehicles.
(c) Parking in grass. Vehicles shall not be permitted to be parked in front, side, or rear yards required
by appendix B pertaining to zoning, except in approved driveways, garages, carports, or parking pads.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
October 21, 2020 at 3:30 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=e3cce1092e090c41b474c7afde3dc3e19
Event Number/Access Code: 173 976 4373
Event Password: DOVER
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service
Paj 14
Appeal of Citation #20-00002096 and Related Fines - 625 Lakewood Place, Dover Delaware Page 2
Sincerely,
Megan Ramsey
Administrative Assistant
TAM/mr
S:\APPEALS\2020\9. 625 LAKEWOOD PLACE - EMILY WILSON\Receipt of Appeal - Property Maintenance - Exterior - 125 Greentree Drive.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Velvet Bowen, Inspector
Ronald Coburn, Inspector
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service