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Transcript: Construction and Property Maintenance Code Board of Appeals Meeting

Wednesday, July 29, 2026

Machine transcript. Speaker names are machine-identified and can be wrong. Check the recording.

Showing 571 of 571 statements

Andre M. Boggerty

All right, good afternoon. It is 3:30. My name is Councilman Andre Boggerty. I have the distinct pleasure of being your chair of the Construction and Property Maintenance Code Board of Appeals. Uh today is Wednesday, July 29th at 3:30. Um you have some we have the agenda before us. Uh call for approval of the agenda.

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Board Member

Move to adopt the agenda, Mr. Chair.

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Board Member

Second.

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Andre M. Boggerty

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

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Board Member

Aye.

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Andre M. Boggerty

Aye. By consent, the motion carries. Today we have uh four items before us. The first one, well we'll see we have before us, and thank you for all those who are here. Um, the item number one is 2009 Property Maintenance Code violation, Chapter 22, Buildings, don't get these words, Buildings regulations, Article 12, Vacant Buildings, Section 22-403, Registration and Registration Fee. Appeal of registration fee for the property located at 131 Orchard Avenue, um with the with Bob Bobby Hobbs indicated as the representative and owner of the home, owner owner of the home. Um, Bobby Hobbs is present with us. Uh so what we'll do is turn it over to a representative from our code enforcement officer uh of our code enforcement uh team, and let them present their case and then we'll give you a chance, okay? All right.

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City Staff

11th, uh 2024, the email from code enforcement officer Matt Layfield who is to my right, uh regarding a possible vacant building. At that time, there was a grass a tall grass and weeds case opened up on the property, but after reinspection, it was closed as compliance made. Uh June 12th, I sent out a vacant building registration uh letter via certified mail based on utility usage, uh with no water usage since September 19th, 2024, and minimal electric usage. Um July 8th, 2024, an appeal was sent to the city clerk's office, and uh that's what I have for the case. I did print out the the latest utilities for the property as of today, and up until the July reading for water usage, which was uh July 20th, 2024, there's still no water usage at the property, again dating back until September 19th of 2024. And then the electric account is minimal electric, with uh 244 kW uh for for the reading July 20th.

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John England

Good afternoon. Uh my name is John England. I am code enforcement officer with uh City of Dover for the last six years. I take care of vacant buildings for the city. Uh 131 Orchard Avenue uh was brought to my attention June of

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Board Member

Thank you.

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Homeowner

I'm just trying to learn why I'm here. I live in my house. I I I did have some tall grass one day, but I have a picture of it. It's not that tall. It isn't that tall.

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Board Member

So you reside in your house?

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Homeowner

I reside in my house.

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Board Member

Every day?

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Property Owner

every day. I have eight grandchildren, one fits in the state of Delaware. The rest Anyway, um I have I have house insurance. I have a brand new roof that's two years old. Did you notice that? I have Stover. If there's a problem with the weeds in the backyard that are bleeding over from the man behind me, cuz his wife died two years ago, and now he's not doing nothing, and all that's bleeding over into my yard.

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Roy Sudler, Jr.

So, so you you, you're every day at your home? You live primarily by yourself?

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Property Owner

This is my home. My guy died in 2013. I had to fight for two years to keep my house.

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Roy Sudler, Jr.

Mhm.

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Property Owner

And Mr. Schwartz took care of it, and and I'm all alone in my house. My daughter moved to Virginia. My son lives in Middletown.

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Roy Sudler, Jr.

Okay. And from time to time the grandkids come over?

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Property Owner

Yes. My girlfriend came from Texas last year, so she stayed with me for a week or two.

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Roy Sudler, Jr.

So the issue So uh Code Enforcement, are we solely basing this off of utility usage?

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City Staff

Uh that's correct, and the fact that the grass was tall one one prior time, so.

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Property Owner

Yeah, we already talked about that.

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Roy Sudler, Jr.

And but the grass has been resolved. If that case is closed, so that's a moot Okay, but that's that's

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Property Owner

I mean the grass wasn't tall.

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Roy Sudler, Jr.

Okay. But the grass the grass matter is moot. Um well, there's no I mean, Council President?

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Fred A. Neil

Yeah. Um the the question is, ma'am, how do you flush the toilet?

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Property Owner

Yes. There's a minimum a thousand used, right?

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Fred A. Neil

Yeah. A thousand.

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Property Owner

Do you know that we are third-generation cancer in this state? They're all dying from the water, because we have one large aquifer, I believe,

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Female Speaker

is polluted. From the base, from all the nuclear power plants.

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Roy Sudler, Jr.

Okay, let's stay, let's stay.

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Female Speaker

Um, I am, I don't use my water the way I should. I do not drink it. I have never drank this water.

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Roy Sudler, Jr.

So, but you just...

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Female Speaker

And I'm still alive. Nobody else is.

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Roy Sudler, Jr.

Okay. All right, so that's, so that's that. Council President?

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Male Speaker 1

basically I'm thinking in terms of water usage, it's washing clothes.

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Female Speaker

It's only me.

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Male Speaker 1

Right. Washing dishes.

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Female Speaker

It's only me.

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Roy Sudler, Jr.

Right. Yeah, because one of the, one of the challenges that we're having, and this is something that we probably need to meet about. Again, I said it last meeting, but we're going to discuss it. I don't want to discuss it here, but we, we need to discuss that. Um, there's you, there's

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Female Speaker

The lady beside me is just like me. She's like 60, almost 70 years old, and we're single.

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Male Speaker 2

Um, do we have anything on electric usage?

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Male Speaker 1

Minimal. Um, it's 244 kW, I think I said, for the month.

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Female Speaker

I live by myself.

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Male Speaker 1

Um...

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Roy Sudler, Jr.

So that's...

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Female Speaker

My guy died in 2013.

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Roy Sudler, Jr.

So that's, so that's um, that, that, that's refrigerator, sometimes washer, sometimes microwave, sometimes...

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Male Speaker 1

Yeah, typically it's been in the 100s, uh, 133.

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Female Speaker

My, my two grandchildren lived with me a couple years ago while one of them finished high school.

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Roy Sudler, Jr.

Yeah, and then, so, so minimal usage. All right, um, I don't, I don't have, you, you, you were there. I don't have any questions. Council President?

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Female Speaker

I've lived in Delaware my whole life. I was born in that hospital. My guy was the printer for the City of Dover.

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Faye White

...Dover High School. And he died.

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Roy Sudler, Jr.

Okay. Okay. Okay, um Councilman Rocha, Council, do you have any questions? Nope. You have any questions, Councilman Rocha?

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Gerald L. Rocha, Sr.

What other uh write-ups other than the grass?

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City Staff

That's about it. The reason why it came about, because when you know we're going around we're doing grass, you know, if it's over the 8 inches. But most of us give more than you know 12 inches. So the, a door hanger was left on the door. You know, I came back um like a week and the door hanger was never removed. You know, so if you're coming and going you would see it. It was never removed. So that's when I emailed John, was like, "Hey, this might be a possible vacant because, you know, the door hanger, you stick stuff under your door, it was never removed." So that's um that's what—

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Faye White

I found one in the street once. It was mine.

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Roy Sudler, Jr.

All right. So, I'm ready to to call for the question. Um it sense to sense that's where we are.

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Roy Sudler, Jr.

So, but yeah. So you've been by you've been by yourself since 2013?

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Unknown Speaker

What, somebody make a motion?

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Roy Sudler, Jr.

No, no, if any— I mean entertain, I'll entertain. Go ahead.

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Public Commenter

Yeah, and the certified letter I never got. It never went through the post office. I called them.

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City Staff

I I just want to state that I understand the 1,000, um there's a little discrepancy whether it's a couple months and a 1,000, but this is showing 2 years. So take that into consideration that um it's just not maybe 2 months of usage, it's 24 year— uh it's 24 months of usage that's not there.

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Roy Sudler, Jr.

Okay. All right, Council President?

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Fred A. Neil

Yeah, basically, I don't want to take the person out of it, but I think we need to do some door-knocking in the meantime. And what I would like to do is make a motion to come back with a report whether she's, knock on her door, she doesn't show up. If she shows up, then we know that she's in that house. That that's that's why my motion is raises the question of the timing when she would be able to come back, because it has to be a random knock to make sure that she's there. If she doesn't answer, and she says, "Well, I didn't hear it," uh, then I'm going to question whether she's still in the house.

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Roy Sudler, Jr.

Of less than a 1,000 a month, you're saying.

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City Staff

Yeah, no readings for 2 years.

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Roy Sudler, Jr.

Right.

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City Staff

Correct. The last reading was September 24th.

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Roy Sudler, Jr.

Okay.

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Roy Sudler, Jr.

I mean, ah, discussion on your motion there, but um, you is that your motion?

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Fred A. Neil

I make that motion, yes.

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Roy Sudler, Jr.

All right. Is there a second?

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Fred A. Neil

To go back.

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Roy Sudler, Jr.

Is there a second?

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Gerald L. Rocha, Sr.

I'll second it, Mr. Chair.

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Roy Sudler, Jr.

All right, second. All those in favor—

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Board Member 1

initiation date and this

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Andre M. Boggerty

A question.

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Roy Sudler, Jr.

Question. All those— question? Go ahead.

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Appellant

It's been my house since 2015.

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Andre M. Boggerty

Yeah. So, uh, ma'am, you said that, um, you know, your fiancé passed in in 2013, right?

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Board Member 1

Okay. That that's that's what I wanted to clarify.

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Appellant

But for two years I paid the mortgage in the dark, and my insurance, and everything I had to pay, but they cut off my electricity. Cut off everything, the family, as soon as they could. So all the food in the refrigerator spoiled. Everything was a mess. I was locked out of my house for two years.

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Public Commenter

Yes, he did.

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Andre M. Boggerty

Who was paying for the electric or the water between 2013—

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Public Commenter

I paid everything in the dark, including the mortgage.

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Andre M. Boggerty

Whose Whose name was it in?

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Public Commenter

It went to the estate, because we were only engaged.

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Andre M. Boggerty

Is it still in the estate's name now?

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Public Commenter

Oh, no.

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Andre M. Boggerty

It's in your name?

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Public Commenter

It's in my name. My name was on the will that they ripped up, but the attorney had a copy of it.

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Appellant

I lived there since 1997.

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no knock towards

All right. So, the motion on the floor, um are there is there any discussion? I'll repeat, the motion on the floor is to have a random knock. My question is, what if she just happens to be out of town?

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Andre M. Boggerty

So, cuz I'm only asking because the initial—

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Appellant

Like this week, I'm in Great Wolf Lodge for two days and I'm not there right now.

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no knock towards

or on vacation, you know.

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Appellant

And I was in Rehoboth.

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no knock towards

What happens if she's in Rehoboth on vacation and there's a knock? I mean, I I mean, I think that's a that's a

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Board Member 3

Could she could she indicate to the code enforcement that she's going to be away at a certain time?

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Female Speaker

I had like six kids that wrestled.

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Male Speaker 1

So, yeah, so grass still has to be cut.

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no knock towards

No, I think that's a tough ask because I don't think we get to police each other's coming and going. I mean, we're I'm not I I mean, I wouldn't want to have to sit at the house and wait, and then this is no knock towards code enforcement, I I wouldn't care if it was anyone. I mean, we know the quality of their work, but then they're, you know, they're, you know, what happens if she she she has to run and pick up the grandbaby and it's just that time? So only for that reason, um I mean, I it it appears only for that reason

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Female Speaker

And it is cut.

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Male Speaker 1

It is cut. It was a one time when the case was closed.

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Female Speaker

And I can choose the picture of them when they took that.

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Male Speaker 1

Okay. I'm ready. You got a question?

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Male Speaker 2

Yeah, let's let's go back to this random check. You don't want these guys to be the police.

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Male Speaker 1

Yeah, that's what I was saying. Yeah. Yeah.

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Male Speaker 2

So I think we need to do away with the check.

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Male Speaker 1

So So all those So all those in favor of the random check, signify by saying aye. All those opposed, say nay.

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Male Speaker 2

Nay. Nay. Nay.

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Male Speaker 1

Okay, that that is one that that fails. Now I will ask for a question. I will ask for-

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Appellant

And we go out every weekend to restaurants,

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Male Speaker 2

The question is again whether this is a vacant building. That's what-

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Male Speaker 3

Yeah, so I got a question. And I'm going to lean on your expertise, right?

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Male Speaker 3

For one individual in a home, because we've heard this a couple of times, right, over the last several weeks.

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Male Speaker 3

One person in a home, maybe taking a shower, maybe, you know, using minimum water. Like-

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Male Speaker 3

for the thousand, what is it, gallons or something?

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Building Inspector

1,000 gallons.

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Male Speaker 3

Right. What do you think or estimate a usage would be for one person?

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Building Inspector

1,000 gallons. That's, when I took this job over as vacant building inspector, that was the, um-

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Male Speaker 3

Threshold or whatever.

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Building Inspector

Threshold.

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Male Speaker 3

For one For one person or for a family of four?

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Building Inspector

For one person. So if it's a family of four, it should register 4,000 gallons.

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Building Inspector

On the aspect of electric, um, and I don't know how many people, but the norm was 900 kWh for for that residence.

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Building Inspector

So, and then we're at-

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City Staff 1

200 kW, 100 kW. So those are the numbers that we we kind of gauge.

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Board Member 1

And 900 kW would be something like a refrigerator, washer and dryer,

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City Staff 1

Lights.

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Board Member 1

Lights, yeah.

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City Staff 1

Activity, yeah.

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City Staff 1

Uh the minimal the minimal uh watt uh kilowatts they they tell me it could be just a general refrigerator running. You know, just...

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Board Member 1

For 900 kW?

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City Staff 1

No, no, no, no, for like something for like 100 kW.

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Board Member 1

Oh, okay.

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City Staff 1

Just minimal, you know, lighting. You know, maybe a porch light that comes on on a timer or something.

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Board Member 1

Okay.

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Board Member 1

Um, so, I yield.

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City Staff 2

If I may, just want to add to that. That's um those numbers were previously gotten at a uh national average. Um so obviously they're not set in stone fixed number, but it was an approximate average across a national level.

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Board Member 2

So there is some...

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City Staff 2

There is wiggle room one way or another.

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Board Member 2

Yeah.

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Board Member 1

All right. Um, we...

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David L. Anderson

and entertain this uh next month.

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City Staff 1

I got one more thing, yeah, one more thing.

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City Staff 1

So, if if if if the board would um entertain this suggestion, um maybe we can send the water department out there to check the water meter uh because...

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Andre M. Boggerty

I I I think that—thank you. I think that we we we we need to have a set practice. So I think one of one of the one of the things that I'm going to do again outside of this is maybe we need to call for a meeting with just us to discuss that specific thing. So because the uncertainty of where of the water usage that was presented by the Assistant City Manager, Sharon Duca, which really shifted the the narrative the uh argument with that, and it's nothing against you all. I think we should develop something instead of just, you know, kind of winging it right now, cuz I I don't think, you know, it's unfair to our customers uh who are our city residents to to do that. I think your idea is great. I just think we should put something that a that people can go back to and say this is what happened. Because right now, if we were to argue with, there's no policy or procedure that we could say we stand on, we stood on for that. And so let's let's let me let me get with the city manager. So, Council President?

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Appellant

I have no water meter.

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City Staff 1

...because from the time that this letter was sent out until the appeal there was only couple weeks. Um maybe have the water department direct the water department go out and check the meter. Um two years is a long time for no water usage. So, um if that's so what the board chooses, and...

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Fred A. Neil

Yeah, we are considering a vacant building ordinance now, and it is in the mill. So if you have something to contribute to that, I would suggest you contact Eddie Kopp,

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Andre M. Boggerty

Yeah, let's do that.

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Fred A. Neil

because it could have come up at any time, and it's been held back,

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Andre M. Boggerty

Yeah.

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Fred A. Neil

in terms of other times. And the reason for the vacant building is that if a the house is vacant for any period of time, it gets destroyed. The people who are looking to shoot up cause problems. And that, then, doesn't affect just that house. It affects—

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Board Member 1

all the neighborhoods. So when we look at a vacant house, it's not for the for that person alone. It's for the neighbors, because that's where the properties are destroyed and the values of the properties are destroyed. So, vacant building is extremely important because of the fact you have homeless people, you have people on drugs, who want to get into that nice house, and when they do, it's absolutely destroyed.

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Chair

Thank you. So let's just call so I'll entertain a question or a motion if anybody wants to make a motion regarding this.

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Board Member 2

I got a question. So what are we voting on now? Are we making...

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Chair

I mean, what do you think on the appeal? Do you want to do you want to deny the appeal or uphold the appeal?

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Board Member 2

So that's where we're at?

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Chair

That's where we're at.

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Board Member 2

We're not going to be doing any rechecks or door banging or whatever?

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Chair

So, what's your motion?

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Board Member 2

Um we uh accept the appeal.

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Chair

It's okay to accept.

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Board Member 3

I'll second that.

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Chair

It's been properly moved and seconded that we grant the appeal for uh um the property located at 131 Orchard Avenue. All those in favor signify by saying aye.

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Board Member 2

Aye. Aye.

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Chair

All those opposed?

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Board Member 2

Any abstentions? I don't It don't matter to me.

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Board Member 3

We got some work to do, I think.

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Chair

So the appeal is is is granted. There's no fee for you, ma'am. So thank you and happy...

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Appellant

I have a man coming Friday, he's going to fix the back six foot...

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Chair

We don't want to hear We don't want to hear any of that. Save yourself. Have a good day. All right.

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Chair

Thank you.

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Public Commenter

I was like I want to go back with the babies.

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Chair

Go go back to the babies.

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Public Commenter

They have a very nice, what do you call it? A water park thing over there now. And those babies wanted to go.

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Chair

All right. Have a good one.

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Public Commenter

Thank you.

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Chair

All right. Item number two, uh, is Ms. Goode happen did she, was she able to join us?

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City Staff

She is not online.

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Chair

Okay, we'll hold her, we'll hold that one, and then we'll move to item three.

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Public Commenter

Thank you, everyone.

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Chair

Thank you. We will move to item three. Well, item three has two... But so we'll...

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City Staff

Three items.

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City Staff

Three items. One is on the back.

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Chair

Oh, it's the same house?

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City Staff

Yes, three citations.

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Chair

Okay, three citations. Okay, um, item, item number, okay, so we'll just heal- hear, hear them in tandem. The first one is item number three, which is Prop- 2009 Property Maintenance Code Violation, Chapter 3, General Requirements, Section 302.1 Sanitation.

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Chair

Appeal a citation, uh, number provided is 25-00003074-09, and related fees for the property located at 838 Monroe Terrace. Uh, the representative here is, please, correct me if incorrect, Michelle Statts?

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Code Enforcement Officer

where I'm certified through the International Code Council, the ICC. So, the case is for junk and debris.

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Code Enforcement Officer

On June of last year, 23rd, 10:30, I rode by following up on an additional case that there was going to follow up, and I found junk and debris in the driveway, on the side yard, and in the backyard.

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Michelle Statts

That's correct. And Scott Secrest, he's also a resident of the home.

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Chair

Okay, so Ms. Statts, Ms. Statts is located is here, along with a resident of the home, Scott Secrest.

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Chair

Um, all right. So we're hearing number three first. Okay, we're ready.

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Code Enforcement Officer

And that's a violation of ECO 22-221-2009, per section PM 302-1, sanitation.

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Matthew Leightfield

All right. Um, this one is the longest one, but...

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Chair

Okay. Okay.

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Matthew Leightfield

So just for the record, uh, my name is Matthew Leightfield, uh, code enforcement officer. Uh, this is my third year with the City of Dover.

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Code Enforcement Officer

I sent—so everything is in Mrs. Stat's name, so I sent her the notice and gave her 30 days, which would have been a follow up day of July 23rd to have the violations brought into compliance.

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Code Enforcement Officer

On July 23rd, the—so the certified mail was returned. It wasn't delivered, so I posted it to the onto the property. And then that same day, I rode by to do the follow-up. Junk and debris was still there, so that remained in violation, so I sent a citation of $25, 00074-01, and gave them until August 25th to have it corrected. August 25th came, around 10:10 I rode by and it was still in violation, so I sent them a third notice and a second citation of $200. And I was giving them until September 25th. September 20th. On September 9th, the certified mail was sent back to me, so I—

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City Staff

posted on the door around 11:30, and a and a 30-day extension was granted. On October 8th, I met, um, a gentleman, I don't know if it was him, so I met the gentleman out there, we went over everything, I pointed out exactly what needed to be cleaned up. He was in agreement, and I told him that, okay, since you agree that all this needs to be cleaned up, I gave them until November. I gave him a month of November to have it cleaned up. And so November came around and nothing was done. So, November 3rd, 10:17, I rode by and nothing was done even after an extension and the meeting. So then I sent them a fourth notice and a third citation, which was $300, and they were given until December 3rd.

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City Staff

December 3rd, there was another extension given until January 5th. January 5th, the prop- and I rode by around 9:30. The property remains in violation. So I sent another notice and a fourth citation, which was $500. They were given until February to come into compliance. They didn't come into compliance. As I rode by on the 6th of February, 10:20, the property the property remains in violation. And we sent I sent a sixth notice and a fifth citation, which was $1,000. And then March came around. It was the same. So, March, April, May, June, it was the same. The property is still in violation today.

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Code Enforcement Officer

So I actually took pictures today. I just, um, I went to print them out. They didn't print out for some reason.

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Board Member

What what the by your good faith, is it still in that condition?

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Code Enforcement Officer

Yes, there's still an a dismantled engine in the driveway. Like that picture right there is still the same. And, yeah, there's still debris on the side of this the garage. There's debris on the side of the house.

Play from 25:07

Board Member

Would you would you all say it's still in the same-

Play from 25:22

Property Owner

Yeah, but I have some questions. So, all right, first off-

Play from 25:25

Board Member

All right. Hold on. Would you say that- Hold on. Would you say it's in the state of It's still in the same- All right, so they presented their argument. I yield to you for any questions.

Play from 25:27

Property Owner

Yes, exactly the same.

Play from 25:32

Board Member

When are when is the latest pictures taken?

Play from 25:36

Property Owner

May I? Okay. One, so first of all, I'm the property owner, so have you ever spoken to me?

Play from 25:36

Code Enforcement Officer

Uh, I believe early on when we were dealing with the fence.

Play from 25:43

Property Owner

I think early on I did speak to you one time, but it wasn't about the fence. It's because you took pictures of the front of my house and the back of somebody else's. Wrong, completely wrong house. That's one, only one citation I've gotten.

Play from 25:46

Property Owner

I am not aware of all of these. Two, these are the pictures that you present. So you never spoke to me. What is it you're talking about? What is trash and debris?

Play from 25:58

Appellant

What's trash and debris?

Play from 26:07

Property Owner

What is trash and debris is what I would like to know.

Play from 26:09

Code Enforcement Officer

Well, so you you've received at least two citations because they were posted to the property.

Play from 26:11

Property Owner

I must- Okay, so what is trash and debris?

Play from 26:14

Code Enforcement Officer

And I pointed out, so, sir, didn't I meet with you and I pointed out everything, right? I pointed out the stuff in the driveway, the stuff on the side of the house.

Play from 26:18

Appellant

Yeah, yeah, we did meet, but I don't remember me agreeing that that the stuff you were pointing out was trash. The discussion I remember us having was me explaining to you that this is not trash. This is stuff that we're going to use. It is it has it is intended for a purpose. It's it's going to be going, and I mean that's a shower enclosure that's going in our shower upstairs.

Play from 26:27

Appellant

That's my son's bicycle and my bicycle.

Play from 26:45

City Inspector

It wasn't So that I mean explain it to you, right? So junk and debris is anything that's not ordinarily supposed to be there, so right?

Play from 26:47

Appellant

No, no, no, no, no. That's not what the International Property Maintenance Code says. The International Property Maintenance Code says anything that has no use, is unsanitary, poses a public health risk, or or so forth. It doesn't say anything about that that that has doesn't have a purpose. And for you to say that doesn't have a purpose, that's subjective, because it does have a purpose to me. It just doesn't have a purpose to you.

Play from 26:54

City Inspector

So, you mean that the broke down engine there that has no...

Play from 27:16

Appellant

Absolutely it does. That has $1,000 worth of new rebuild parts, and that's slated to go in my Jeep. 100%.

Play from 27:19

City Inspector

And so, okay, so like all But I'm just explaining it to you, right? So all that

Play from 27:26

Appellant

What?

Play from 27:31

City Inspector

So the

Play from 27:32

Appellant

Point it out.

Play from 27:33

City Inspector

Everything there, right? You have the windows, the um

Play from 27:34

Appellant

They're going in the house, for the house.

Play from 27:37

City Inspector

Yes, they might be You say that, but they've been there for

Play from 27:38

Appellant

I don't care, that's But so what? I haven't got around to it yet.

Play from 27:41

Board Chair

So yeah, just stand by. Uh the Chair recognizes

Play from 27:45

Cierra Brown

If I may, um, Cierra Brown.

Play from 27:48

Board Chair

Cierra Brown.

Play from 27:49

Cierra Brown

So, Officer Brown. As far as the 2009 International Property Maintenance Code, you you are correct with with um part of what you cited there. 302.1 Sanitation does state that 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. Um as far as the comment being made about what might be useful to you might not be useful to us, things of that nature, um it's completely understandable. I get where you're coming from with that. Unfortunately, when it comes to construction materials, um vehicle maintenance material,

Play from 27:50

City Staff

things of that nature. They There's also additional regulations that govern that.

Play from 28:32

Public Commenter

Well what what are those regulations?

Play from 28:36

City Staff

So in the zoning code, the Dover zoning code, um it talks about any--

Play from 28:38

Public Commenter

Well we're not being cited for the zoning code. We're being cited for IPMC.

Play from 28:43

City Staff

Yep, and I get that. I'm going to It'll It'll all tie in in a minute. Um, as far as like the engine of the vehicle, um any vehicle maintenance can't be done in a residential zone. Um any storage of any vehicle maintenance um parts, lifts, things of that nature, they can't be stored in the exterior portion of a residential zone.

Play from 28:46

Public Commenter

Under what code?

Play from 29:10

City Staff

So, Dover zoning code.

Play from 29:11

Public Commenter

What's in the code?

Play from 29:13

City Staff

Okay.

Play from 29:14

Public Commenter

Like what's the code?

Play from 29:16

City Staff

There's There's Dover zoning code, and I can pull that up for you here in just a second. But when it comes to switching gears a little bit to the construction materials, the windows, I believe there was a door...

Play from 29:17

Public Commenter

Two doors.

Play from 29:28

City Staff

Yep, so things of that nature. When it comes to that, those items could be there if they were getting ready to be used. So if you're getting ready to replace windows, they're new ones that are in, um and we would overlook that if there was a permit in place. So say you guys got pulled your permits for window replacement and, you know, you're a couple weeks out of actually making that replacement, that's when we would say, okay, good faith, we're going to let them have a couple weeks of these sitting here due to a permit being in place.

Play from 29:29

Female Staff Member

There's, I believe there was tires in the one picture. Um tires are a whole other portion of where they pose an issue with stagnant water.

Play from 30:19

Appellant

They do.

Play from 30:27

Female Staff Member

Um which could be a breeding ground for mosquitoes.

Play from 30:28

Appellant

Absolutely, but they didn't hold any stagnant water.

Play from 30:30

Female Staff Member

But they have the opportunity to.

Play from 30:33

Appellant

They don't.

Play from 30:34

Female Staff Member

Um and I I understand that. So, due to that, we would consider it junk and debris. That would be our interpretation.

Play from 30:35

Public Commenter

What's the code that says I can't store that that stuff on my property?

Play from 30:38

City Staff

Okay. So, the our interpretation of the International Property Maintenance Code says that any materials that aren't being used for their intended purpose, um whether that's a door, windows, um what we would consider to be um I believe there was tires--

Play from 30:42

Board Chair

Okay. I have a question, and um and if this this those pictures go all the way back to last year, is that correct? Including that with the engine, correct?

Play from 30:42

Female Board Member

Oh, no.

Play from 30:54

Appellant

No, the engine No, the engine was just recently. Just recently.

Play from 30:55

Board Chair

What's first? But it goes back to how long ago?

Play from 30:59

Male Staff Member

June of last year.

Play from 31:02

Board Chair

June of last year. Okay.

Play from 31:04

Appellant

So, like the point is it's it's still supposed to be a clean and sanitary condition, and the property's clean and sanitary. There's nothing on the property—

Play from 31:06

Female Board Member

Where is the picture from last year with the motors in the front of the house?

Play from 31:13

Appellant

Yeah, that was that was probably mine.

Play from 31:17

Female Staff Member

June 23rd of 2025 is when this—

Play from 31:59

Appellant

Yeah, that's right. That's right.

Play from 32:02

Board Chair

Yeah, so one year. Okay, so that was around that time. So, all right, um any questions from from members of the board?

Play from 32:03

Speaker 1

I'm saying it was not I don't I'm not sure

Play from 32:06

Charles Martin

Did you have a property deed?

Play from 32:08

Speaker 1

and Mr. Boyd's, he's very elderly, and he lives by himself. He has a very hard time getting around. I wasn't going to harass him about it. I've since fixed the fence. It's been fixed and repaired. And I'm not talking about this bottom picture here. I'm talking about, um, I don't know

Play from 32:09

Male Board Member

The fence The fence is still there?

Play from 32:13

Appellant

Um yeah, our fence is repaired.

Play from 32:16

Female Board Member

The back?

Play from 32:19

Appellant

That fence has been repaired.

Play from 32:20

Female Board Member

I thought the back part was—

Play from 32:21

Appellant

Yeah, it's all been taken care of. That's been taken care of.

Play from 32:22

Speaker 2

Well, we assumed.

Play from 32:22

Speaker 1

Yeah, the picture was on the other side where there were some slats missing. Um, not this fence, but on the other side of the yard. Yeah, you can see it kind of there on the top picture there where it, uh, goes down that way. And the fence is actually installed so the finished side faces faces, uh, the opposite side.

Play from 32:23

Female Board Member

And I do have a question. You were there today and took pictures?

Play from 32:24

Appellant

And I'm not even sure that's our fence either, because the fence it faces the opposite way.

Play from 32:26

Male Board Member

Well, it's inside your chain-link, isn't it?

Play from 32:30

Appellant

I I don't know if that's inside my chain-link fence. But that that fence was installed so that the boards are on the other side, and the and the finished side is to us.

Play from 32:32

Speaker 2

Yeah.

Play from 32:39

Male Staff Member

Well, the the fence was closed as non-compliant as the um—

Play from 32:40

Speaker 1

Or it it face it and and so we weren't even sure it was our fence.

Play from 32:40

Speaker 2

Yeah, and that's completely understandable. A lot of times, especially when somebody moves into a house and they're not the one that built it or installed the fence, a lot of times, you're not sure.

Play from 32:43

Female Board Member

It may not be ours is what he's saying.

Play from 32:44

Speaker 1

Yeah. We had always assumed it was Mr. Boyd's fence. I I just would you know, I didn't spin it.

Play from 32:51

Speaker 2

And that's where um, if anybody ever does have a question to that, we always say we're not surveyors. Our plot plot lines aren't 100% accurate on our GIS mapping. So, we always just tell people if if there ever is a question as to who owns something, your best bet's always going to be a surveyor. So that

Play from 32:55

Speaker 3

Alright, stand by. Stand by. I know I allow for a robust discussion, which is sometimes healthy, but we have a question from the Chairman.

Play from 33:51

Unknown Speaker

My God, that's the that's the antenna. I don't think that's the antenna. That is the antenna. All right, standby, standby.

Play from 33:53

Charles Martin

How long, uh, Charles Martin speaking, uh, how long do you have to appeal a citation?

Play from 33:59

Appellant

One one more question. Okay. The the citation that's that's listed here is number three, it's 74-09 for the last four digits.

Play from 34:01

Speaker 3

It has to be done within 30 days of receiving it.

Play from 34:06

Charles Martin

Okay. So there have been citations that were that you mentioned,

Play from 34:09

Speaker 3

Right.

Play from 34:13

Charles Martin

going back to like August or September.

Play from 34:13

Appellant

Um, when was What does that pertain to for that one? And then

Play from 34:14

Speaker 3

Right.

Play from 34:16

Charles Martin

So you can't appeal those because the 30 days

Play from 34:17

Speaker 3

That's they're only appealing on the current one. The only reason I put that on there because they've been receiving thousand dollars for multiples, you know, multiple violations.

Play from 34:20

Appellant

19-07, which is under number four, uh I

Play from 34:21

Female Speaker

We haven't done that one yet.

Play from 34:25

Speaker 1

Which, you know, it's gotten to the point now where, you know, he's just coming and hitting us with fines cause we're not moving our stuff.

Play from 34:27

Appellant

Okay, we haven't even gotten to that. Okay, all we're talking about is number three. Right.

Play from 34:28

Female Speaker

Trash and debris.

Play from 34:33

Roy Sudler, Jr.

Okay. Um, I think we've heard, uh Anybody want to? Does, uh, Council President, do you have any, uh? Alright, alright.

Play from 34:35

Board Member

What what what is the fine currently for number citation number three?

Play from 34:45

City Staff

It was a it was a thousand because we only go up to a thousand, so they they've been getting a thousand for each month.

Play from 34:50

Board Member

For all three?

Play from 34:57

City Staff

Um, no, just just one. The the two, just the two of them. Yeah.

Play from 34:58

Board Member

Yeah, every 30 days.

Play from 35:02

Female Board Member

What's the total that they owe on these fines?

Play from 35:03

City Staff

I don't have the total top off my head.

Play from 35:05

Female Board Member

Could be up to 5, 6, 7, 8, $10,000, probably?

Play from 35:07

Roy Sudler, Jr.

Well, we have to we have to bi- bifurcate the sep- bifurcate the issues so we don't we can't commingle. So right now we're on item number three, and the fine is a thousand dollars.

Play from 35:11

City Staff

Right.

Play from 35:21

Roy Sudler, Jr.

So what is the pleasure of the Board?

Play from 35:22

Board Member

I move to deny the appeal.

Play from 35:24

Board Member 2

Second.

Play from 35:27

Roy Sudler, Jr.

It's been properly moved and seconded. Are you ready for the question? All those in discussion?

Play from 35:28

Appellant

I I have a I have a question.

Play from 35:33

Roy Sudler, Jr.

Okay, discussion.

Play from 35:35

Appellant

Um, and that is

Play from 35:36

Board Member

You've been receiving these notices?

Play from 35:40

Female Resident

Not for receipt.

Play from 35:42

Male Resident

See, we didn't we didn't know about all of the citations until I put in a FOIA request and we got a print out of all the citations that we had. And we knew of a couple of them and we didn't realize exactly how many there were. He says he's posted them on the door. There have been a couple stuck to the door, but I I mean maybe two, maybe two.

Play from 35:43

Female Resident

And we also have wait a minute and also understand, too, recently we had a teenager living in the home that got our mail, so we didn't always get our mail. We just now he's a member of Marine, so we're getting that maybe that's why. I'm not saying he didn't. I don't know, but we I was not aware. He's never spoken to me except for the one that I did get.

Play from 36:03

Male Staff

That's why there's communications though, then.

Play from 36:19

Female Resident

Right. Okay. But you've never spoken to me, so I wasn't aware. But you keep saying junk and debris, and I look at these pictures and I shouldn't have to guess on what it is you're looking at.

Play from 36:21

Male Resident

And I also need to verify, too. It's not mostly the communication. We've only communicated one time, and that was

Play from 36:30

Male Staff

No, that's not true.

Play from 36:34

Male Resident

Okay.

Play from 36:35

Chair

All right. Um, the Chair recognizes...

Play from 36:36

Female Staff

Um, if I could just add, we naturally have some photographs um included in the case files when he's posted the return mail to the door. Code dictates that anything that's returned to us by the post office gets posted on the property. Um, so he does have photographs of that. And then, I'm looking at some of the um envelopes from the post office where it says that they try to make contact. Um, they do put dates on the envelope of when they tried to deliver the the mail. Um, and they did mark it as unclaimed.

Play from 36:38

Roy Sudler, Jr.

appeal is denied, therefore the fine stays. Now we're moving to uh item number four, 2009 Property Maintenance Code Violation, Chapter 3, uh General Requirements, Section 302.1, Sanitation. Appeal of citation, end of 25-0-0-0-0-4-1-1-9-0-7, and related fines for the property located at 838 Monroe Terrace. Uh Michelle Sachs is here present again. Um um I yield to Code Enforcement to present their argument regarding this particular matter.

Play from 37:27

Chair

Okay. All right. Um, if that that is uh Is there Is there a motion?

Play from 37:45

Board Member 2

Yeah, that That answered my question.

Play from 37:51

Chair

There's a motion on the floor, has been properly moved and seconded. Um, the motion has been to deny the appeal. All those in favor of denying the appeal signify by saying aye.

Play from 37:54

Matthew Layfield

Okay. My name is Matthew Layfield, and um this case started in August of last year. As um you can match the dates up, I was there performing a follow-up body a follow-up when the violations found, and tires were found in the driveway and the backyard in two spots. And um, as stated earlier, and um tires, which is a violation of the DCO 22-221 um /2009, Section PM 302.1, Sanitation. I sent them the notice on 8/25, gave them 30 days to remove it. On September 25th, I gave them I gave them extension um from when we had a couple con- a couple phone calls. Um so I gave them an extension on September 25th and gave them 30 days extension, and I followed up on 10/25. So on November cuz so when I met with them when I met with

Play from 38:03

Multiple Speakers

Aye.

Play from 38:04

Chair

Any opposed? The appeal...

Play from 38:05

Code Enforcement Officer

and pointed them out. That went for both of these cases.

Play from 39:14

Board Chair

So, so let me, so I'm sorry, let me let you continue cuz I want to, well I just want to clarify. You were going for the previous one that we just voted on and then you've seen additional items, and there, the additional items were the tires that are being that are shown. Okay, go...

Play from 39:17

Board Member

He got he has to still finish it.

Play from 39:34

Code Enforcement Officer

And then on November 3rd at 10:15, cuz I gave an extension in September. So then, the follow-up was in December, I mean the follow-up was in October. I gave them another 30 days, so then I went back in November 3rd, 10:15, the tires were still there and they and I issued the first citation of $100.

Play from 39:37

Code Enforcement Officer

And then, um, they had until December 3rd to come into compliance. Again, they were given a 30-day extension with, um, a new follow-up of January 5th.

Play from 40:00

Code Enforcement Officer

January 5th, 9:30, 9:39, the property was still in violation, so I sent a second citation with $200 fine and, uh, gave them 30 more days to follow up.

Play from 40:11

Code Enforcement Officer

And then February 6th, um, at 10:17, the property was still in violation. I sent a fourth notice and a third citation of $300.

Play from 40:25

Board Chair

Okay. All right, so now there's are you there's a position do you do you have any position regarding the tires?

Play from 40:36

Appellant (Male)

Well, yeah. Do you said you went by today. Are we in are are we in compliance with the tires today?

Play from 40:43

Code Enforcement Officer

No.

Play from 40:48

Appellant (Male)

Where are they at?

Play from 40:48

Code Enforcement Officer

Uh, so, if you're in your back, um, next to the shed, like you see this pile that's by that corner?

Play from 40:49

Appellant (Male)

There's no tires there.

Play from 40:55

Appellant (Female)

There's no tires there.

Play from 40:56

Code Enforcement Officer

There's There is.

Play from 40:57

Appellant (Female)

There There can't be.

Play from 40:58

Appellant (Male)

Those That picture looks exact the same...

Play from 40:59

Female Public Commenter

There's absolutely no tires—

Play from 41:01

Male Public Commenter

100% there's no tires.

Play from 41:03

Female Public Commenter

I can tell you where they are. They're in the front yard.

Play from 41:04

Code Enforcement Officer

I can go print the picture out and bring it in here.

Play from 41:06

Board Member

Yeah, I would like you to do that.

Play from 41:08

Male Public Commenter

'Cause there's nothing out there, man, I'm telling you.

Play from 41:10

Chair

Stand by. You moved the tires from the back to the front yard?

Play from 41:12

Male Public Commenter

No.

Play from 41:14

Female Public Commenter

Well, yes.

Play from 41:15

Male Public Commenter

Better finish.

Play from 41:16

Female Public Commenter

Yes, they are. They are sitting in the front yard now.

Play from 41:16

Male Public Commenter

They're on my memory card, you know.

Play from 41:19

Female Public Commenter

And they're painted because they were use— they were supposed to be for crafts and now they're— so now they're planters. So they're not a violation. So they, and I took, I specifically—

Play from 41:21

Code Enforcement Officer

So the one— those two right there and the white canister is still sitting right there?

Play from 41:31

Female Public Commenter

What white canister?

Play from 41:35

Code Enforcement Officer

Something—

Play from 41:37

Female Public Commenter

Oh, that white— okay, next to the—

Play from 41:37

Code Enforcement Officer

That one, those two tires— I have the picture that shows that, but—

Play from 41:39

Male Public Commenter

Those are the ones you got.

Play from 41:42

Female Public Commenter

Those are the ones I paint— that one that's yellow?

Play from 41:43

Male Public Commenter

The one on the right, yeah.

Play from 41:45

Code Enforcement Officer

Yeah, I mean, the ones on the right, yes. You moved those stack of three—

Play from 41:46

Female Public Commenter

The stack— no, the stack of two is what I moved.

Play from 41:50

Code Enforcement Officer

So, but there's still a tire behind this car, and there's still those two tires—

Play from 41:53

Male Public Commenter

How would you be able to see a tire behind the car?

Play from 41:58

Code Enforcement Officer

When you're at the... on an angle. It still has a rim on it.

Play from 42:00

Female Public Commenter

It has a rim on it.

Play from 42:05

Male Public Commenter

Yeah, that's his spare tire for his truck.

Play from 42:07

Female Public Commenter

That's his spare tire.

Play from 42:08

Male Public Commenter

The spare tire has a metal rim.

Play from 42:09

Code Enforcement Officer

It's still a tire in there. But like I said, these two tires here on the left, they're still there.

Play from 42:11

Chair

All right. Um, Councilman Rocha.

Play from 42:20

Gerald L. Rocha, Sr.

The fine is how much for this one?

Play from 42:24

Code Enforcement Officer

Uh, they it's— so it's been since last year, so they're up to a thousand as well.

Play from 42:26

Male Public Commenter

Well, I I got to say something here, you know—

Play from 42:31

Chair

Stand by. I have to acknowledge you, but go ahead, Councilman Rocha.

Play from 42:33

Gerald L. Rocha, Sr.

So, is it— we're citing this— I understand that it was two different instances when you were doing your inspection...

Play from 42:37

Roy Sudler, Jr.

And and uh I understand the write-up, but I I think that since we are citing the same violation that it is what it is. It's not in addition to, it's

Play from 42:48

Roy Sudler, Jr.

No, I I under- I understand that. Um so there wasn't a subsection listed, so uh it's under the same...

Play from 42:59

City Staff

Well, you see, you have two separate codes. You have the old tire code and then you have the junk and debris code. They just fall under sanitation.

Play from 43:03

City Staff

Same code.

Play from 43:07

Roy Sudler, Jr.

It's being cited under the same code, so to me, it's it's all the same. Clean up the yard, basically, is it.

Play from 43:08

Roy Sudler, Jr.

And you know that's the thing. So they both say three 302.1.

Play from 43:13

City Staff

Yeah, just remove it.

Play from 43:14

Roy Sudler, Jr.

So I don't think that we need to hit him with $2,000 because of that.

Play from 43:15

Council Member

So you're saying it's a subsection for each?

Play from 43:19

Fred A. Neil

Council President?

Play from 43:19

Roy Sudler, Jr.

My opinion.

Play from 43:20

City Staff

Correct. Yeah.

Play from 43:21

Fred A. Neil

Yep. That's surprising to hear. If you go into the Maryland State Pest Control Association, you will see my picture. I had a scholarship by the Maryland State Pest Control Association, which I served on...

Play from 43:21

Council Member

So the subsection should have been listed like for tire versus...

Play from 43:22

City Staff

Right, and um...

Play from 43:25

Roy Sudler, Jr.

What's the subsection say for for tire?

Play from 43:27

City Staff

Well, the tires is it's um a um It's a DCO code, and um...

Play from 43:29

Council Member

So that's part of the international code?

Play from 43:35

City Staff

Yeah, it's because due to sanitation because it's it has to do with the same of keeping, you know, the the property clean and s- Just like Sierra said earlier, the tires, keeping old tires around...

Play from 43:37

Roy Sudler, Jr.

No, I understand that.

Play from 43:48

City Staff

a fire risk and a a fire risk, because if they catch on fire, then tires are one of the hardest things to put out. And they breed they breed um mosquitoes.

Play from 43:49

Appellant

...on a regular basis, it will be 30 years.

Play from 44:35

Fred A. Neil

That is a harbinger of mosquitoes, all kinds of pests. When he says that this is unsafe, this is unsafe. And even if we give you the freedom of saying we're not going to fine you on top of the other, and I'm inclined to do that for the same reasons Councilman Rocha has mentioned.

Play from 44:38

Fred A. Neil

Get rid of the damn tires! It is not just a problem for you, it's a problem for your neighbors, it's a problem for your son, it's a problem because it's a pest that will use those tires as well as the other stuff to basically grow and continue and foster. So it is a cleanliness type of thing.

Play from 45:02

Fred A. Neil

So you can argue whatever you want that it isn't seen or whatever, but they are- there's a reason for that. You heard it. I didn't mention it before.

Play from 45:25

Appellant

All right, I'm in complete agreement with that. 100%.

Play from 45:35

Fred A. Neil

I understand that. So even if we give that to you, and I'm inclined to do that because you've been hit already—

Play from 45:37

Appellant

Right.

Play from 45:44

Fred A. Neil

I I'm not interested in taking your money, but I'm interested in seeing that cleaned up, and that includes the neighbors because you're dragging down the neighborhood.

Play from 45:45

Appellant

Thank you.

Play from 45:54

Board Member

All right, Councilman Rocha has a motion.

Play from 45:55

Gerald L. Rocha, Sr.

Yeah, uh on- based on what Council President said, um, I- I move that we, um, accept the appeal in this case because, well, accept the appeal uh for of the citation uh 25000004119-07...

Play from 45:57

Board Member

I'll second with the caveat that everything gets cleaned up.

Play from 46:23

Board Member

Tires in line in line with our international code...

Play from 46:29

Board Member

In what amount of time?

Play from 46:34

Board Member

We'll do it today. It'll be taken care of.

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Board Member

Why not today?

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Board Member

30 days.

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Board Member

The tires. Talking about the tires.

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Board Member

All right, I'll set I'll second that motion.

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Chair

All right, it's been properly moved and seconded um that that this this the appeal is is is um approved, um

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Board Member

Accepted.

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Chair

approved that the appeal is accepted with the understanding that this that all the cleaning with the tires, et cetera, will be included with the cleanup as it was previously voted

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Board Member

Within 30 days.

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Chair

within 30 days. Um, so all those in favor, signify by saying aye.

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Board Member

Aye.

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Chair

Any opposed? Okay, that appeal is is accepted. Same, um, 2009 Property Maintenance Code violation, Chapter 3, General Requirements, Section 302.8. If you can start bringing up the pictures of 302.8, motor vehicles. Appellant citation, uh, number 2600001174-01, related fines, address 838 Monroe Terrace. Michelle Stotts is here. Um, again, um, we, um, I yield to code enforcement. Um, code enforcement, um, for their argument, but before we, before we do it, can we ask we see pictures?

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Chairperson

All right, well, uh, what- in lieu of argument, the, um, the the the the appellants have agreed that they're in violation of the appeal, I mean, in violation, so therefore, we entertain...

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Male Appellant

What- I just need one thing. I need an itemized list of what I need to clean up in the yard. I can't- him just sending pictures and saying junk and debris, I mean, I need to know what he's considering junk and debris, and exactly what I need to move, and that's- I can't-

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Female Appellant

I think that- I think that should be understandable because what you consider junk and debris, he doesn't. I mean-

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Male Appellant

Yeah, I don't know what he's referring to as junk and debris. I mean, the pictures are just pictures of stuff, and it could be anything in there. It could be everything, it could be one thing. I don't know. I need to know precisely what is junk and debris that I need to get rid of.

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Female Appellant

And I don't understand how come if you come to the house to cite us for a violation, like, I'm a nurse. If you come into the office and you have something wrong with you, we're going to look at the whole you, not just the one thing. So I don't understand if you come to the house and you're saying, "junk and debris, tires, this, the outside needs to be cleaned up." Why are you hitting us for this and this, and then coming back and hitting us for this, and then coming back and hitting us for the bicycle, and then coming back and hitting us for... they're all there!

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Audience Member

make a motion.

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Chair

Okay. So we are entertained, can you make a motion?

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Male Appellant

Yeah, the stuff the stuff was there in the beginning. It's never been like hidden issues, and he issues one citation, and then another citation for stuff that was there when the first citation was issued.

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Audience Member

What's the fine?

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Board Member

I don't know, we didn't get that far. Okay.

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Audience Member

$100?

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Eddie Kopp

That's all that's been charged.

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Brian E. Lewis

What is it, because the car has

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Female Appellant

So we sit there and think, "So what's he- what's he looking at? Is he looking at this? Is he looking at that?"

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Audience Member

Expired tags.

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Brian E. Lewis

Oh, the tags. Okay. Okay.

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Board Member 1

All right. Uh I make a motion to deny the appeal for number 5 on our list with the last 4 digits being 74-01 of the citation number.

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Chairperson

All right, we understand your question. Um, um, and I'm- let me just make sure we address- we have to make sure we address the other item. The appel- the appellants, um, agreed to number four. So do we have to take a vote on it, based on the fact that they agreed-

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Chair

Second, it's been properly moved and seconded. All in favor signify by saying aye.

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Board Attorney

I don't know. Crystal?

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Board Members

Aye.

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Chairperson

-that they agreed that they-

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Chair

Aye. The appeal is denied.

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Board Attorney

Because they filed, but the board still needs to make a-

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Chair

Now, as for a discussion sit now for

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Chairperson

Okay.

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Brian E. Lewis

Well, they could just work with

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Chair

Yeah, so so that the appeal's denied.

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Brian E. Lewis

I would I would call them. You know,

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Chair

So, but what we

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Audience Member

But in the future, can you do that though? I mean, cuz that's I mean,

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Chair

Yeah, so

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Audience Member

we have I mean, we're like I get we work different shifts. I mean, we're busy, we work. And I hid oh, damn, uh, is it fixed? I mean, it's what are you looking at? I have no idea.

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Chair

Can we can we can we can we can we work with them to, for you, for two of you all?

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Female Speaker

So did you get cited for that today?

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Appellant

No, but-

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Eddie Kopp

See, well I've been working with them this whole time, but they can extension that I've given them.

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Code Enforcement Officer

No, you have to get and put them out there for them.

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Appellant

No, that-

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Brian E. Lewis

Right.

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Board Member

That's the only other thing that's on the site right now. If when you use them for the flower bed, if you paint them and, you know-

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Eddie Kopp

And I went out there and explained everything, so.

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Chair

But at the but at the request of

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Eddie Kopp

I mean, I don't have problems. I work with people, it doesn't matter. It's just when you don't when you just stonewall us, when you don't Go ahead, Councilman.

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Appellant

Now if they're if they're fixed in such a way that they can't hold standing water, if they're filled with dirt, they're okay, right?

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Code Enforcement Officer

Right.

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Appellant

Yeah, okay. Yeah, well they're good.

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Brian E. Lewis

When the tires cuz I think we had this problem before, right? The tires are going to be used for like a flower bed, don't they have to be buried?

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Code Enforcement Officer

They're gone.

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Board Chair

All right. So, um, did you want- Is there, and I don't know how, excuse me, I don't know how your your schedules for where you're going and that sort of thing, but can you, since everybody's here, can you guys compare calendars and figure out a a time in the next week that that you could go visit them, they'll be there, and you can talk to them about what needs to be removed?

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Eddie Kopp

No.

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Brian E. Lewis

I think they have to be buried. They are?

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Brian E. Lewis

I think Eddie said that, because the water could still go in them.

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Eddie Kopp

Yeah, because if you still have them just sitting in your yard, they're going to the same thing's going to happen.

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Code Enforcement Officer

Yeah, and I can bring Eddie with me, too, that that night short notice.

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Board Chair

Yeah. Two, if two of you would go, I would recommend that. I can't dictate work schedules, but I definitely recommend two. Now that that's settled, move for adjournment?

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Appellant

Well, hold up, hold up. What about-

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Female Speaker

She's on that?

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Appellant

What about, what about, um, she went forward with enforcement on the wanton dumping debris. So does that, am I starting that up in 30 days again, like-

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Code Enforcement Officer

August 2nd.

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Appellant

Yeah, because that what we was meeting-

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Code Enforcement Officer

The car as well is being 30 days in there to take enforcement again.

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Female Speaker

Knocked on my door. And she actually lifted-

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Code Enforcement Officer

She did? Did she did actually?

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Female Speaker

No, so, and, no.

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Board Member

Oh, we'll find that out. We'll find that from them, yeah.

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Code Enforcement Officer

Okay. Okay. Yeah, we have to go back to-

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Board Chair

All right. So, all right, thank you. You all are dismissed.

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Appellant

I just, one quick question, I don't want to hold you guys up any more, but I-

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Appellant

All right. What code are we under? Are we under the I IPMC, International Property Maintenance Code, because I heard you mention some other code for the tires and and So you have Is it two different codes or?

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City Staff

So, you have the Dover, the DCO, which is the Dover Code of Ordinances, which is you can find on the City of Dover website. And then also we also follow the 2009 um IPMC.

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Appellant

Don't they both do the same thing? Or no?

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City Staff

No, not not necessarily.

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Board Member 1

Well, we The City of Dover has adopted the International Code.

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Appellant

Yeah, I understand you've adopted that Property Maintenance Code, but I didn't know there was an additional Property Maintenance Code outside of that that we have to adhere to.

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Board Member 1

That's the zoning That's the codes that the Council approved, and they're placed Zoning.

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Appellant

Zoning. All right, gotcha. Gotcha. Okay. Thank you.

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Board Member 1

Yep.

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Board Member 2

Um we had the the other case mister wasn't here. However, I understand you all have an update on that case?

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Code Enforcement Officer

So, we're ready?

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Board Member 2

Yes.

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Code Enforcement Officer

So, um based on the last uh hearing, um we were advised to uh do a visit to the home. Um so, uh myself, Chief uh Code Enforcement Officer Eddie Kopp, and Code Enforcement Officer Tom Miller went out to the property on July 23rd at 11:03. Knocked on the door, we rang the door the Ring doorbell multiple times, uh there's no answer. I observed again the foyer light uh on inside the house. Uh I observed the um roof in the condition that it's been in. Uh there's been no attempt to protect the roof or uh the contents inside...

Play from 54:23

City Staff

inside the house. The phone number that's in the utility account is bad, so I couldn't even call the owner. And now that we've brought to the attention that how the water meter works and how we look at, you know, utilities, on July 1st, the reading for water now jumped to 1,000 gallons, and then electric now jumped to 1584 kilowatts. But we still have not been able to make contact with somebody at the residence.

Play from 55:17

Andre M. Boggerty

And this is the this is so the this is the one with the roof had the hole in it?

Play from 55:56

City Staff

Right, and there are violations.

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Andre M. Boggerty

And it's still there?

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City Staff

It's still there. And that's a separate case, and I've issued citations for that.

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Board Member

So she didn't show up for for that?

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Board Member

This This is the lady who I really believed is... some social help...

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Andre M. Boggerty

Yeah, yeah, she was online before, right?

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Board Member

Yeah. to save her.

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Board Member

So do are we allowed to to to vote on it based on even her absence?

Play from 56:24

Andre M. Boggerty

All right, I'll make a motion that uh we deny the appeal based on the information, um because we're still, even though the numbers jumped, and then of of course, you know, with the roof like that, I can't imagine anybody living there anyway. There's no way that with the amount of rain we've been getting...

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City Staff

I mean I have pictures as of today.

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Andre M. Boggerty

...that's not leaking into through the ceiling into the house.

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City Staff

Right. And the same light is on.

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Andre M. Boggerty

Same light's on. Yeah, so I'd deny the appeal.

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Board Member

What What is the appeal that they were trying to deny?

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Andre M. Boggerty

Vacant building.

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Board Member

Oh.

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Board Member

So it's a vacant building.

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Board Member

Right. Nothing else.

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Board Member

No, that's it, right? He said at this time the roof is separate.

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Board Member

That's not done yet. This is just the appeal.

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Board Member

This is the girl who was sitting right here?

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Board Member

No, she was online.

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Board Member

She was here last week?

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Chair

No, she was she was online saying on the phone saying that she was having some emotional issues.

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Board Member

Yeah, she wasn't here. She was online.

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Board Member

Well, she also said that she never leaves her house. So if you're knocking on the door and nobody answers, I mean, you know.

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Chair

All right. It's been properly motion's been made, it's been seconded. Uh,

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Board Member

Second.

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Chair

All right. It's been properly moved and seconded. Are you ready for a question that all those in favor of denying the appeal for uh appeal number um, appeal number the appeal registration with the address associated at 236 North Governors Avenue with Warren Good as the um named representative, all those in favor signify by saying aye.

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Board Members

Aye.

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Chair

Any opposed? Motion carried. All right. That concludes our If there be no further action, I move for adjournment.

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Board Member

So moved.

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Board Member

Second.

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Chair

Properly moved and seconded. Meeting adjourned.

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