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CITY OF DOVER, DELAWARE
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF
APPEALS
Wednesday, February 23, 2022 at 3:30 PM
This meeting will be held virtually via WebEx
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/lvew5a
Event number: 2337 950 4902
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/
CALL TO ORDER
ADOPTION OF AGENDA
1. Property Maintenance Code Violation: (Dover Code of Ordinances Chapter 46 - Fire
Prevention and Protection, Article I - In General, Section 46-8 - Maintaining a known
violation or hazard) - Appeal of Citation and Fines - 1446 McKee Road (Joe Burden Jr.)
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
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Dover, DE Code of Ordinances Page 1 of 1Item 1.
Sec. 46-8. - Maintaining a known violation or hazard.
(a) Known violation or hazard Any person is guilty of maintaining a known violation or
hazard if:
(1) After having been informed in writing by a code enforcement officer of a violation
of the fire code, property maintenance code, a city ordinance, or state law existing
on property he or she owns or occupies, he or she fails to correct the said violation;
(2) He or she prevents a fire protection system from functioning as designed;
(3) He or she knows that a fire protection system will not function as designed and
takes no action to repair the fire protection system;
(4) He or she interferes with any occupant's egress from a building;
(5) He or she knows of an obstruction that would interfere with any occupant's egress
form a building and takes no action to remove the obstruction;
(6) He or she engages in any act, written or verbal, within city limits that obstructs,
delays, hinders or interferes with the operations of the fire department during an
emergency.
(b) Penalties.
(1) Any fines issued for violation of this section shall be issued as provided for in
Appendix F-Fees and Fines.
(2) Occupancies that continue to maintain a known violation or hazard may be closed
by the code enforcement officer until such time as all violations and hazards have
been corrected.
(Ord. of 2-26-2007; Ord. No. 2009-09, 6-22-2009; Ord. No, 2014-21, 9-22-2014 )
about blank 3
2/7/2022
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Item 1.
QCitp of llBober
February 14,2022
Joe Burden Jr.
P.O. Box 1977
Dover, DE 19903
Re: Appeal of Citation #21-00002225 and Related Fines - 1446 McKee Road, Dover, Delaware
Mr. Burden:
I have received your request to appeal the citation and fines related to the violation of the Dover Code of Ordinances
Chapter 46- Fire Prevention and Protection, Article 1 - In General, Section 46-8 - Maintaining a known violation
or hazard at 1446 McKee Road, Dover Delaware.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for
Wednesday, February 23,2022 at 3:30 p.m. to hear your appeal. This meeting will be held via WebEx which may
be accessed through a computer, smart phone or through a telephone call. Below I have listed the information
needed to access the meeting electronically. 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 atcityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Dial: 1-408-418-9388
Link: https:llrb.gy/lvew5a
Event Number/Access Code: 2337 9504902
Event Password: DOVER
Sincerely,
lJt~t{A.Ncbow.02
Traci A. McDowell, MMC
City Clerk
fAR
S:IAPPEALSI202217. 1446 McKee Road - Dangerous BuildingCondemnation - Joe BurdenIReccipt of Appeal- Dangerous Building- 1446 McKee Road - Joe Burden Jr ..wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
Dave Hugg, Interim City Manager
Dawn Melson - Williams, Director of Planning and Conmmnity Development
Eddie Kopp, Code Official
John England, Code Official
P.O. Box 475 <-Dover, Delaware <-19903
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Item 1.
REQUEST FOR APPEAL
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS
Return Completed Form To:
City of Dover - City Clerk's Office
P.O. Box 475 fR1~(G~llW~fI5)
Dover, DE 19903, or
cityclerk@dover.de.us, or FEB 042022
Phone: (302) 736-7008; FAX: (302) 736-5068
OiIJeBOPnmcrrvCLERK
Name of Appellant: R Rl 0/ f .lliJ \ G\1rJrp_ ~ ~ Date of Request
Mailing Address:
~ TI I ~'t (W~ st,
I
Telephone: (3 oJ \) 6 0 \ " 5)_ 76 Email: iDe, bvrle~ fA. '~ij
Please provide the address associated with the violation, case number (iYavailable), and a :rief ~ 11/
Appeal:
description of why you are appealing the violation/citation.
·t f-eJS', Ii{
Ctfftf«ov
NOTICE: Under the City of Dover Code of Ordinances Chapter 22 - Buildings and Building Regulations, Article
I - In General, Section 22-1 (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.
NEXT STEPS
1. City Staff will review your appeal to confirm that it is in accordance with City Code to be brought before the
Construction and Property Maintenance Code Board of Appeals
2. Once staff review of the appeal is complete, the City Clerk's Office will reach out to advise you if and when the appeal
will be heard by the Construction and Property Maintenance Code Board of Appeals (if applicable).
3. If you have any documentation to provide to support your appeal, please submit it to the City Clerk's Office at 15
Loockerman Plaza or by email atcityclerk@dover.de.us no later than 7 days before your appeal is scheduled to be
heard.
4. Per the City of Dover Code of Ordinances Chapter 22 - Buildings and Building Regulations, Article 1 - In General,
Section 22-1 (c) - Notice; hearing "The determination by the construction and property maintenance code board of
appeals shall be final in all cases."
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CITY OF DOVER Item 1.
PLANNING & INSPECTIONS
15 LOOCKERMAN PLZ
DOVER DE 19901
Application Number 21-00001622 Date 12/01/~
Property Address 1446 MCKEE RD
Tax Map Number: ED-05-067.00-01-160.000-000
DRS from Location Master: 17641020
Application type description EXTERIOR DOOR
Application valuation . . . . 1200
-------------------------------------------------------------------------
Application desc
REPLACE DOOR, SHINGLESiREPAIR FASCIA, DRYWALL
-------------------------------------------------------------------------
Owner Contractor
------------------------
------------------------
BURDEN,JOE W JR OWNER
PO BOX 1977
DOVER DE 19903
-------------------------------------------------------------------------
Permit . . . ADDITION RENOVATION PERMIT
Additional desc
Permit Fee 33.00
Issue Date
Expiration Date
12/01/21 Valuation . . 121
5/30/22
Qty Unit Charge Per
Extensi(
BASE FEE 25. (
1. 00 8.0000 THOU COST $1001 UP TO 10 MILLION 8. (
------------------------------------------------------------------------_.
Fee summary Charged Paid Credited Due
----------------- ---------- ---------- ---------- ----------
Permit Fee Total 33.00 33.00 .00 .00
Grand Total 33.00 33.00 .00 .00
--------------------------------------------------------------------------
CALL (302)736 -7010, (302)736 -7011 or
(302)736-4457 for scheduling inspections
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Item 1.
Division of <!Citp of mallet
Code Enforcement
Phone: (302) 736-70 II
15 Loockennan Plaza
Fax: (302) 736-4217
Dover, DE 19901
OFFICIAL CITATION
Citation # 21-00002225
JOE W BURDEN JR
PO BOX 1977
DOVER DE 19903
Location of Offense: 1446 MCKEE RD
Type of Offense: DANGEROUS BLDG/CONDEMNATION
Date of Offense: January 5, 2022
Time of Offense: 13:27
Date of Issue: January 5, 2022
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 Loockerman Plaza, Dover, Delaware prior to January 20, 2022.
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 within
30 days of the date of the offense. Failure to pay this fine may result in
the City of Dover seeking collections through an approved collections agency
with a collection fee of 35%.
If the violation is not corrected, the City reserves the right to use its own
resources or those of a contractor to abate the below violation (s) and to
bill the owner of the property for such cost-plus administrative fees.
~ed if not paid within 14 days from the date the
fine was issued if an appea~ is not submitted within 14 days from
the date th
John Engla
Code Enforcement Officer
Violation: (X) Article 1. Maintaining a known violation or hazard
Sec No: SEC. 46-8 Maintaining a known violation or hazard. (a) Known
violation or hazard. Any person is guilty of maintaining a known violation or
hazard if: (1) After having been informed in writing by a code enforcement
officer of a violation of the fire code, property maintenance code, a city
ordinance code, or state law existing on property he or she owns or occupies,
he or she fails to correct the said violation.
Fine as per code: $1000.00
12
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Item 1.
Division of
Code Enforcement
QCitp of 1!lober
15 Loockennan Plaza Phone: (302) 736-70 II
Dover, DE 1990 I Fax: (302) 736-4217
THIRD NOTICE
January 18, 2022
JOE W JR BURDEN
PO BOX 1977
DOVER DE 19903
RE: Property Address: 1446 MCKEE RD
Tax Parcel Number: ED-05-067.00-01-160.000-000
Case Number: 21-00004759
Dear Sir/Madam:
On December 01, 2021, Code Enforcement Officer John England with the City of
Dover, Department of Inspections conducted an inspection at 1446 MCKEE RD.
The inspection revealed one or more City Code Violations on the property.
Attached are the violation(s) found.
A check on permits revealed you have not applied for the proper permits and
the violation(s) remain. Enclosed is a Citation for failure to correct the
violation(s). Citations will double if not paid within 14 days of the issue
date. An additional inspection will be conducted by February 22, 2022.
Failure to comply will result in an additional citation and if the property
is a rental unit, may result in the suspension of the rental license.
Contact this office to schedule your inspection.
If you have any questions or would like to schedule your inspection or appeal
this notice, please contact this office at (302) 736-7011.
Sincerely,
Code Enforcement Officer
cc: File
13
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Item 1.
Division of
Code Enforcement
QCitp of mober
15 Loockerman Plaza Phone: (302) 736-70 II
Dover, DE 19901 Fax: (302) 736-4217
OFFICIAL CITATION
Citation # 21-00004759
JOE W JR BURDEN
PO BOX 1977
DOVER DE 19903
Location of Offense: 1446 MCKEE RD
Type of Offense: NO VALID PERMIT
Date of Offense: January 18, 2022
Time of Offense: 08:16
Date of Issue: January 18, 2022
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 Loockerman Plaza, Dover, Delaware prior to February 01, 2022.
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 within
30 days of the date of the offense. Failure to pay this fine may result in
the City of Dover seeking collections through an approved collections agency
with a collection fee of 35%.
If the violation is not corrected, the City reserves the right to use its own
resources or those of a contractor to abate the below violation (s) and to
bill the owner of the property for such cost-plus administrative fees.
if not paid wi thin 14 days from the date the
Fines will be doubled ..
fine was issued or 'f an appeal is not submitted within 14 days from
the date the a issued.
Officer
Violation: (X) Failure to obtain proper building permits
Sec No: IRe R105 Permit Required
Fine as per code: $100.00
14
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