Transcript: Construction & Property Maintenance Code Board of Appeals Meeting

City Staff

Okay, go ahead.

Andre M. Boggerty

Good afternoon. This is Andre, Councilman Andre Boggerty, chair of the City of Dover, Delaware, Construction & Property Maintenance Code Board of Appeals. Um, today is Wednesday, June 24th, uh, at 3:30, at 3:36, and, um, we are I have the agenda before you. Um, I make a motion that we approve the agenda.

Board Member

Can you move to, uh, approve the agenda?

Board Member 2

Second.

Andre M. Boggerty

It's been properly moved and seconded. Are you ready for the question? All those in favor, signify by saying aye.

Board Members

Aye.

Andre M. Boggerty

Aye. The motion is is, um, passes by, um, consent. Uh, what I will do also is due to the logistics of our of the of Daniel jump, no, uh, we will call a recess. Is that a recess, uh, until 3:45? 3:45 to allow Daniel Jones an attempt to join us as he is located indicated that he's located outside of the country. So, we will recess from 3:37 to 3:45, which would have given him a total of 15 minutes to join. We are now coming out of recess. As of this As at 3:45, the, um, Mr. Daniel Jones, the subject listed representative for this matter, uh, agenda item 2009 Property Maintenance Code violation, Chapter 22, Buildings and Building Regulations, Article 12, Vacant Buildings, Section 22-403, registration and

Speaker 1

registration fee, uh, appeal of registration fee, 7 Scioto Court, 7 Scioto Court. Court, again 7 Scioto Court, uh, with the representative listed as Daniel Jones has not uh, joined us either in person or virtually regarding this matter.

Charles Martin

Uh, yeah, Charles Martin. It's Daniel Noel.

Speaker 1

Daniel Noel. Okay. What did I say, Noel?

Female Speaker

Jones.

Speaker 1

Jones! [laughter] Daniel Noel Daniel Noel. I'm sorry, Daniel Jones. I don't know where I got that from. I apologize, I recant. It is Daniel Noel.

Female Speaker

Daniel Jones played basketball.

Charles Martin

All right. So, uh, I'll go ahead, uh, Charles Martin, that, uh, I went by the property today and there is a coming soon, uh, real estate sign on that from, uh, Keller Williams. And, uh, so I just spoke with the agent whose name is on that sign, and she has, uh, a signed listing agreement and is going to email that listing agreement to Mr. Kopp. Uh, I expect he will get it this afternoon. Um, I told her just as quick as she could to to email that. Um, so that's the latest that I know, and I don't know. Go ahead.

Speaker 1

owner being afforded the opportunity to appeal, and not being present during the appeal.

Andre M. Boggerty

Um, however, we now know that there may be a a contract to sell the home. If the owner was here, would that What impact would that have?

Speaker 1

Uh that would be determination of the board. Uh I think I think it would probably be in the board's best in- best interest to hear uh John England's notes. Uh there's a lengthy history with this property.

Speaker 3

You You want me to present my case, or...

Speaker 1

Well, I think, uh, based on past past practices with the board, it'd be the recommendation of code enforcement to deny the appeal based on, um, that

Andre M. Boggerty

I agree.

Speaker 1

Okay.

John England

Okay. Um, John England, code enforcement officer for the City of Dover for the last six years.

John England

Um, this case was uh generated back in April 21st, 2023 by Ron Coburn. At the time, he was the vacant building inspector.

John England

Um, he sent out a certified letter um in regards to the vacant property.

John England

Um, on May 8th, 2023, we were notified by Customer Service that the electric was terminated to that property. On May 23rd, 2023, a second notice um stating that the city was reg- registrating- registris- registrating the property, um and a $375 invoice was sent certified. On 5/25/2023, um Mr. Coburn posted return- the returned certified mail, so it never got delivered or picked up, so he posted it on the property. June 22nd, 2023, uh the fee was transferred over to Customer Service for taxes.

City Staff

June 23rd, um, 2023, Mr. Coburn again returned the second mailing, certified mail, on the property.

City Staff

On June 27th, 2023, um, it looks like Mr. Noel um, submitted his registration to Ron Coburn, um, and at that time, the fee was removed um, because the owner stated that he was active military and he was deployed.

City Staff

May 23rd, 2024 was the second year vacant building uh, fee and letter. That was $750, and it was sent certified.

City Staff

June 25th, 2024, the fee transferred to the customer service for taxes.

City Staff

May 23rd, 2025, third year vacant building letter and $1,500 invoice sent certified. The certified letter was signed on an unknown date.

City Staff

June 5th, 2025, the return certified mail um, got post- um, June 24th, 2025, the fee transfer to customer service for taxes. On August 5th, 2025, the utilities were terminated again to the property. On September 3rd, 2025, utilities were reinstated. On May 12th, 2026, this year, utilities were terminated again. On 5/26/2026, I sent out the fourth year vacant building letter and $3,000 invoice certified. On the same day, May 26th, 2026, the utilities were reinstated. And then on June 8th, 2026...

City Staff

I posted the return certified letter on the property. And then June 9th, 2026, we received an email, or I should say that the city clerk's office received an email requesting an appeal. Just a point of information, since the home was properly purchased by Mr. Noel on March 31st, 2022, we have logged 13 cases against his property. Um, they- they ranged from tall grass or weeds to exterior property maintenance, vacant building fees, electric service terminations, um, et cetera. Um, and that brings us up to date.

Board Member

I can add one thing, uh, just for the record. To the best of my knowledge, we have not received any confirmation and deployment orders or written correspondence by any means, um, to go along with what Mr. Noel is- is claiming. He's claiming he's a DoD contractor. Uh, based on my previous experience with the military is, um, if you're on deployment orders, it's just that. That's why there's the Servicemembers Relief Act, because you're forced to be there. Um, in my conversations with Mr. Noel, it seems like he's there on voluntary duty as a civilian contractor. Uh, so I- I just want to put that clarification out there. He's- this isn't deployment order where you can force to be there. It's my interpretation that he's there voluntarily and he's not, um, an active-duty service member. He's a DoD contractor. So. I wasn't the real military service.

Andre M. Boggerty

Armiger? Armstrong? Uh, Council President Neil.

Fred A. Neil

Uh, thank you, Mr. Chairman. Uh, one, has he paid everything that has been billed?

City Staff

No. We have, um, most of his fees are still outstanding for, um, the numerous property maintenance cases with us.

Fred A. Neil

So nothing has been paid, or very little has been paid of this. And if he had an agent, he would not have this—not the sales agent, but an agent that's listed. I mean, I'm really saying this for the record because you guys know all this. He's a danger to the neighborhood. He's a danger as a magnet for addicts who will destroy the inside of the house and can burn it down. Right.

Fred A. Neil

So the reason for it is is important, and if he is a contractor for the government and not military that's on assignment, that represents an entirely different picture.

City Staff

And just for the record, most of these cases originated from complaints. So this these cases aren't, uh, inspector initiated or they're not coming from the Code Enforcement Office. Majority of these cases originated from other sources, um, as a complaint to the Division of Code Enforcement.

City Staff

the maintenance code. Unfortunately, based on the history of this property, it does not comply with the property maintenance code due to the repeated violations there. So, within the vacant building ordinance, you are required to maintain the property in accordance with all codes. This property has not met that requirement over the course of this

Fred A. Neil

So if if he we received this document that that this property is on sale, does that freeze, uh, any future damage or permit?

Board Member

Okay, I may direct this to Charles, who's a member of of this board. Would the sales agent be responsible for taking care of all those things on that property?

City Staff

So that's one aspect of it. According to the the vacant building ordinance, the property has to maintain utilities at all times and it has to, uh, maintain compliance with the property—

Charles Martin

Um, that sign has just gone up, so she has not been his agent for three years by any means. She's now the agent for that property owner.

Board Member

Yeah.

Charles Martin

And it's and it's going to be for sale. She said they're shooting for July the 2nd, I think is what she said.

City Staff

And just for clarification, correct me if I'm wrong, she would be specific to the sale of the property. She's not going to she's not going to take over any property maintenance things that would be there.

Charles Martin

No, that would be between her and the and the owner as to whether she was going to contract people to keep the grass cut. Uh, she said there was some work being done and she had taken over getting that work completed.

Board Member

But we would now have a lien on that property for the money he owes, is that correct?

Charles Martin

No.

City Staff

No. Um, the way the code is written currently, the only lien is vacant building fees and grass fees. Code enforcement citations are not lienable, uh, in the present code.

Board Member

So, Dover would be out of that money if it's sold?

Board Member

and the new owner would not have to pay that, and we don't get that money -- that we don't get the -- the fees or the fines back.

City Staff

Correct.

Board Member

Um... that's it. I yield. I yield.

Charles Wharton

Uh, Charles Wharton. Um, I thought I heard uh, just a minute ago as you were going through the history, about being referred to taxes or something.

City Staff

Yeah, so that's specific to vacant building fees and tall grass and weeds.

Charles Wharton

Okay.

City Staff

So, the...

Charles Wharton

...that's to his tax bill that he pays...

City Staff

Correct.

Charles Wharton

...when he pays his his city taxes.

City Staff

Yeah, that just those two specific cases, so it has to be either vacant building or weeds, unfortunately. Um, any property maintenance issue violations, so say there's abandoned cars, trash, broken fence, any citation we would issue for that, it doesn't get liened. Um, at the current moment, it I am reviewing, as always, all codes and ordinances. So, you know, just expect something forthcoming in the near future.

Staff Member

Since 2022 that's, that'd be significant. I don't have the actual number in front of me, but it's a significant, um, it's a significant number and it's due to the, the continued neglect of the property, unfortunately.

Charles Wharton

Good.

Dave Campana

Yeah, Dave Campana. Uh, so he's responsible for all the money he owes prior to this signed agreement, is that where we're at?

Chair

So we, so am I hearing that we want to deny the appeal?

City Staff

He's responsible, um, if the property were to sell right now...

Board Member 1

So moved.

Board Member 2

Second.

Dave Campana

Right.

Chair

Been properly moved and seconded. Are you ready for the question? All those in favor signify by saying aye.

City Staff

...he would only be responsible for the vacant building fees and the tall grass fees. So any other citation that was issued, unless it's captured at the time of sale, we cannot collect on it, basically.

Board Member 1

Aye.

Board Member 2

Aye.

Chair

All those opposed?

Martin

Aye.

Chair

Uh, three denies. Martin?

Martin

Opposed.

Chair

One opposed. And, um, so the appeal is denied.

Dave Campana

Okay.

City Staff

So, and out of 13 cases...

Chair

Um, I call for the adjournment of the Construction and Property Maintenance Code Board of Appeals.

Board Member 1

So moved.

Martin

Martin.

Board Member 2

Second.

Chair

Been properly moved and seconded. Ready for the question. All those in favor signify by saying aye.

Board Member 1

Aye.

Chair

Aye. By consent...