CPMCBA REVISED PACKET MM

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, July 07, 2021 at 3:30 PM Virtual via WebEx AGENDA REVISED TO INCLUDE ITEM #3 - PROPERTY MAINTENANCE CODE VIOLATION (CHAPTER 114 - VEGETATION, ARTICLE II - WEEDS, SECTION 114-32 - MAXIMUM HEIGHT) - APPEAL OF CITATION AND FINES - 861 JANEKA LANE (MICHAEL PETERSEIL) VIRTUAL MEETING NOTICE This meeting will be held electronically. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/l0zoqc Event number: 173 802 4588 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. ADOPTION OF AGENDA 1. Election of Chair 2. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 713 Pear Street (Gabriella Bryce) 3. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 861 Janeka Lane (Michael Peterseil) ADJOURNMENT 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 1

Dover, DE Code of Ordinances Page 1 of 1 Item 2. 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. 2 file:/IIC:/Users/vbowen/ AppData/LocallTemp/Low/8CG 1K3Q5.htm 5/27/2021

Item 2. City of Dover June 2, 2021 Gabriella Bryce Nathan Maldonado 713 Pear Street Dover, DE 19904 Re: Appeal of Citation #21-00001700 and Related Fines - 713 Pear Street Dover, DE Ms. Bryce: 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 at 713 Pear 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 Wednesday, July 7, 2021 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 email at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-408-418-9388 Link: https://rb.gy/l0zoqc Event Number/Access Code: 173 802 4588 Event Password: DOVER Sincerely, Megan Ramsey Administrative Assistant /mr S:\APPEALS\2021\13. 968 S Little Creek Road - Tall Grass - Ebonie Taylor\Receipt of Appeal - Tall Grass - 968 South Little Creek Road - Ebonie Taylor.wpd cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor David Hugg, Director of Planning and Community Development Eddie Kopp, Code Enforcement Supervisor Velvet Johnson, Code Enforcement Officer P.O. Box 475 ˜ Dover, Delaware ˜19903 3 Community Excellence Through Quality Service

Item 2. 5 /z~ /202/ A-+~-hoY}: Di{(Si OY) of Code inforcJ2YY1l!A1+ Ci+a~OV1 -lJ Z 1- DO 001100 Or re,VI5-e: To / I (:; ru 55 AlVD We.o_c[_s W~ O(IL Wr; +-inCl +0 Q ppe-~I +hL -hn-e 0P $ 25 for +k Ci~-hO(), 4P-kr (e_ad;~ +h.L te+l-e_, and 1 OO~'11j ,0-+ ~ 'P' cwt, see ~'ha+ +he v+a-/-rOY) ;: CoY7 Wq~ w('(-i-uI Qbov+ ~ ,qrGSS+O,-/-he.- n~qV"J of OUr &i\(Q_, w~,~. We wefe__ L)n~ vvC re fha..-l-- (t-JcY5 0- yor-f-, of Our proJ7e.rtt, Tha+ pCi-kh t or '1 ruSS CJJ/ln&;h vvifh-Mal o OUI nVjh roor 's So we. asstJ/YJeel ,-I- tr/Ci. j -Ihe,r 2ropafJ. I Th i;; ',s our Pi ('5+ ~?rll1j S e.o.~Qt/ .1; v1/13 + 7/ ~ Yea r Q , af)c/ trJe_ fJeJier CeL-eivec/ Qny JG'flcl o·p II7,/ov-tnrkll.CY7 Otbou-l- 1ie_ bCLr'l dCu'y of OUr prupe-r-tv, _If . -Fhu../-- ,s o.vo,Jc.ble_, OG.V) you. yle..c)e:.. .Vo\ll'de.. N ow tli1~+ WQ.. ~J1DW ,+00+ I u, JI'-I-h ,-#10+ jVl!o~me._h(y11_ ? Se..C-hlY} is our prOPJl/-!:t/ \iJQ- ivJi I J 1t15ure_ ,+s lJj)~, We cl; d c.v+ +he__ SrGS5 -!-Ked- vJex-1L vn'or ,-+0 kG..\Jdlj ~r \f{lcc-HoV'\. 215" <200- S 3</q !)abr1eJ/a. bryce02 @JfYJQf~J • COM [R1~(C~U~~(D) MAY 262021 OFFICE OF 1liE CITY CLERK 4

Item 2. Division of Code Enforcement QCitp of 1!lober 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-4217 May 15, 2021 GABRIELLA BRYCE & NATHAN MALDONADO 713 PEAR ST DOVER DE 19904 RE: Property Address: 713 PEAR ST Tax Parcel Number: ED-05-067.16-01-100.000-000 Case Number: 21-00001700 DEAR Sir/Madam: This letter is to notify you that your property located at 713 PEAR ST 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, within the Ci ty, 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 for failure 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 within SEVEN (7) days from the date of 5 ([o1l1munitp QExceUenre \lrIJrougb ~uaht!' ~erbice

Item 2. Division of Code Enforcement <titp of Ilober 15 Loockennan Plaza Phone: (302) 736-7011 Dover, DE 1990 I Fax: (302) 736-4217 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 responsible 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 the 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 within 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, VELVET BOWEN Code Enforcement Officer Enclosure 6 ~omntunit!' ~X(rU£n(£ 'Or~rougfJ ~uaht!' ~rrbi(£

Item 2. Division of Code Enforcement ~it!' of ilBober 15 Loockennan Plaza Phone: (302) 736-70 II Dover, DE 1990 I Fax: (302) 736-4217 CITATION Citation # 21-00001700 GABRIELLA BRYCE & NATHAN MALDONADO 713 PEAR ST DOVER DE 19904 Location of Offense: 713 PEAR S1 Type of Offense: TALL GRASS AND WEED::: Date of Offense: May 15, 2021 Time of Offense: 08:23 Date of Issue: May 15, 2021 Previous Offense, If any - Date: You are hereby fined for being in violation of the City of Dover Ordinance marked (Xl below. Payment must be received by The City of Dover Inspections Dept., 15 E. Loockerman St, Dover, De':aware prior to May 31,2021 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 invoicpd 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) . Fines wi~~ be doubled if not paid within 14 days from the date the fine was issued. V)~ 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 ([Communitp <!Excellence ~brongb @ualitp $erbice 7

Item 2. Division of Code Enforcement (titp 'of 1ilober 15 Loockennan Plaza Phone: (302) 736-70 II Dover, DE 19901 Fax: (302) 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[onlntlmitp Qfxcdlence 'OrI)fongb ~uahtp ~frbice 8

Item 2. COMPLETE THIS SECTION ON DELIVERY A. Signature • Complete items 1, 2, and 3. " ( • Print your name and address on the reverse ~ so that we can return the card to you. X @) '~ent o Addressee B. Receyed by (Printed Name) C;-pate of I?eJivery • Attach this card to the back of the mail piece, or on the front if space permits. C\,,-, J- \'l J.' D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No GABRIELLA BRYCE & N-AT1-lAN MALDONADO 713 PEAR ST DOVER DE 19904 3. Service Type o Priority Mail Express® 1111111111111111111111111111 11111111111111 dUlt Signature o Registered Mail'M _______ 9590940261980220851561 -,- --10 m o dult Signature Restricted Delivery Certified Mail® Certified Mail Restricted Delivery Collect on Delivery Collect on Delivery Restricted Delivery o Registered Mail Restricted Delivery . o Signature Confirmationn, o Signature Confirmation Restricted Delivery 2. Article Number (Transfer from service label) ~ ,-_ .._-" '~ail 7020 1810 0002 3081 7408 ~ail Restricted 0) Delivery PS Form 3811, July 2020 PSN 7530-02-000-9053 Domestic Return Receipt 9

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Item 3. City of Dover June 28, 2021 Michael Peterseil 861 Janeka Lane Dover, DE 19904 Re: Appeal of Citation #21-00002141 and Related Fines - 861 Janeka Lane Dover, DE Mr. Peterseil: 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 at 861 Janeka Lane, 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 Wednesday, July 7, 2021 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 email at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-408-418-9388 Link: https://rb.gy/l0zoqc Event Number/Access Code: 173 802 4588 Event Password: DOVER Sincerely, Megan Ramsey Administrative Assistant /mr S:\APPEALS\2021\13. 968 S Little Creek Road - Tall Grass - Ebonie Taylor\Receipt of Appeal - Tall Grass - 968 South Little Creek Road - Ebonie Taylor.wpd cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor David Hugg, Director of Planning and Community Development Eddie Kopp, Code Enforcement Supervisor Jason Shellenberger, Code Enforcement Officer P.O. Box 475 ˜ Dover, Delaware ˜19903 12 Community Excellence Through Quality Service

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