Transcript: Construction and Property Maintenance Code Board of Appeals Meeting
Wednesday, July 29, 2026
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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.
Play from 00:00Andre M. Boggerty
It's properly moved and seconded. Are you ready for the question? All those in favor, signify by saying aye.
Play from 00:23Andre 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.
Play from 00:28City 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.
Play from 01:47John 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
Play from 02:11Homeowner
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.
Play from 03:17Property 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.
Play from 03:34Roy Sudler, Jr.
So, so you you, you're every day at your home? You live primarily by yourself?
Play from 03:59Property Owner
This is my home. My guy died in 2013. I had to fight for two years to keep my house.
Play from 04:04Property 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.
Play from 04:11Property Owner
Yes. My girlfriend came from Texas last year, so she stayed with me for a week or two.
Play from 04:24Roy Sudler, Jr.
So the issue So uh Code Enforcement, are we solely basing this off of utility usage?
Play from 04:29City Staff
Uh that's correct, and the fact that the grass was tall one one prior time, so.
Play from 04:34Roy 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
Play from 04:42Roy Sudler, Jr.
Okay. But the grass the grass matter is moot. Um well, there's no I mean, Council President?
Play from 04:49Property 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,
Play from 05:11Female 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.
Play from 05:28Roy 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
Play from 05:54Female Speaker
The lady beside me is just like me. She's like 60, almost 70 years old, and we're single.
Play from 06:12Roy Sudler, Jr.
So that's, so that's um, that, that, that's refrigerator, sometimes washer, sometimes microwave, sometimes...
Play from 06:33Female Speaker
My, my two grandchildren lived with me a couple years ago while one of them finished high school.
Play from 06:44Roy 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?
Play from 06:49Female 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.
Play from 07:00Roy Sudler, Jr.
Okay. Okay. Okay, um Councilman Rocha, Council, do you have any questions? Nope. You have any questions, Councilman Rocha?
Play from 07:12City 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—
Play from 07:25Roy Sudler, Jr.
All right. So, I'm ready to to call for the question. Um it sense to sense that's where we are.
Play from 08:48Public Commenter
Yeah, and the certified letter I never got. It never went through the post office. I called them.
Play from 08:59City 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.
Play from 09:01Fred 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.
Play from 09:07Roy Sudler, Jr.
I mean, ah, discussion on your motion there, but um, you is that your motion?
Play from 09:50Andre M. Boggerty
Yeah. So, uh, ma'am, you said that, um, you know, your fiancé passed in in 2013, right?
Play from 10:45Appellant
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.
Play from 10:49Public Commenter
It's in my name. My name was on the will that they ripped up, but the attorney had a copy of it.
Play from 11:12no 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?
Play from 11:17Appellant
Like this week, I'm in Great Wolf Lodge for two days and I'm not there right now.
Play from 11:30no 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
Play from 11:39Board Member 3
Could she could she indicate to the code enforcement that she's going to be away at a certain time?
Play from 12:26no 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
Play from 12:33Male Speaker 2
Yeah, let's let's go back to this random check. You don't want these guys to be the police.
Play from 12:45Male Speaker 1
So So all those So all those in favor of the random check, signify by saying aye. All those opposed, say nay.
Play from 12:54Male Speaker 1
Okay, that that is one that that fails. Now I will ask for a question. I will ask for-
Play from 13:00Male Speaker 3
Yeah, so I got a question. And I'm going to lean on your expertise, right?
Play from 13:10Male Speaker 3
For one individual in a home, because we've heard this a couple of times, right, over the last several weeks.
Play from 13:18Male Speaker 3
One person in a home, maybe taking a shower, maybe, you know, using minimum water. Like-
Play from 13:25Building Inspector
1,000 gallons. That's, when I took this job over as vacant building inspector, that was the, um-
Play from 13:46Building Inspector
For one person. So if it's a family of four, it should register 4,000 gallons.
Play from 13:58Building 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.
Play from 14:03City 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...
Play from 14:30City Staff 1
Just minimal, you know, lighting. You know, maybe a porch light that comes on on a timer or something.
Play from 14:46City 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.
Play from 15:03City 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...
Play from 16:05Andre 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?
Play from 16:06City 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...
Play from 16:21Fred 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,
Play from 17:12Fred 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—
Play from 17:30Board 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.
Play from 17:50Chair
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.
Play from 18:22Chair
I mean, what do you think on the appeal? Do you want to do you want to deny the appeal or uphold the appeal?
Play from 18:35Chair
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.
Play from 18:56Chair
So the appeal is is is granted. There's no fee for you, ma'am. So thank you and happy...
Play from 19:17Chair
We don't want to hear We don't want to hear any of that. Save yourself. Have a good day. All right.
Play from 19:30Public Commenter
They have a very nice, what do you call it? A water park thing over there now. And those babies wanted to go.
Play from 19:41Chair
All right. Item number two, uh, is Ms. Goode happen did she, was she able to join us?
Play from 19:52Chair
Thank you. We will move to item three. Well, item three has two... But so we'll...
Play from 20:03Chair
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.
Play from 20:17Chair
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?
Play from 20:33Code Enforcement Officer
where I'm certified through the International Code Council, the ICC. So, the case is for junk and debris.
Play from 21:24Code 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.
Play from 21:32Chair
Okay, so Ms. Statts, Ms. Statts is located is here, along with a resident of the home, Scott Secrest.
Play from 21:38Code Enforcement Officer
And that's a violation of ECO 22-221-2009, per section PM 302-1, sanitation.
Play from 21:49Matthew 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.
Play from 21:56Code 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.
Play from 22:01Code 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—
Play from 22:18City 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.
Play from 23:11City 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.
Play from 24:06Code 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.
Play from 24:58Code 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 25:07Board 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 25:27Property Owner
May I? Okay. One, so first of all, I'm the property owner, so have you ever spoken to me?
Play from 25:36Property 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 25:46Property 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 25:58Code Enforcement Officer
Well, so you you've received at least two citations because they were posted to the property.
Play from 26:11Code 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 26:18Appellant
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 26:27City 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 26:47Appellant
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 26:54Appellant
Absolutely it does. That has $1,000 worth of new rebuild parts, and that's slated to go in my Jeep. 100%.
Play from 27:19City Inspector
And so, okay, so like all But I'm just explaining it to you, right? So all that
Play from 27:26Cierra 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 27:50City Staff
things of that nature. They There's also additional regulations that govern that.
Play from 28:32Public Commenter
Well we're not being cited for the zoning code. We're being cited for IPMC.
Play from 28:43City 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 28:46City 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 29:17City 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 29:29Female 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 30:19Female 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 30:35Public Commenter
What's the code that says I can't store that that stuff on my property?
Play from 30:38City 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 30:42Board 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 30:42Appellant
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 31:06Female Board Member
Where is the picture from last year with the motors in the front of the house?
Play from 31:13Board 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 32:03Speaker 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 32:09Speaker 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 32:23Appellant
And I'm not even sure that's our fence either, because the fence it faces the opposite way.
Play from 32:26Appellant
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 32:32Speaker 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 32:43Speaker 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 32:51Speaker 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 32:55Speaker 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 33:51Unknown 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 33:53Charles Martin
How long, uh, Charles Martin speaking, uh, how long do you have to appeal a citation?
Play from 33:59Appellant
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 34:01Speaker 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 34:20Speaker 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 34:27Appellant
Okay, we haven't even gotten to that. Okay, all we're talking about is number three. Right.
Play from 34:28Roy 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 34:35City 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 34:50Roy 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 35:11Roy Sudler, Jr.
It's been properly moved and seconded. Are you ready for the question? All those in discussion?
Play from 35:28Male 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 35:43Female 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 36:03Female 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 36:21Male 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 36:30Female 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 36:38Roy 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 37:27Chair
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 37:54Matthew 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 38:03Board 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 39:17Code 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 39:37Code 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 40:00Code 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 40:11Code 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 40:25Board 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 40:36Appellant (Male)
Well, yeah. Do you said you went by today. Are we in are are we in compliance with the tires today?
Play from 40:43Code 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 40:49Female 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 41:21Code Enforcement Officer
So the one— those two right there and the white canister is still sitting right there?
Play from 41:31Code Enforcement Officer
That one, those two tires— I have the picture that shows that, but—
Play from 41:39Code Enforcement Officer
Yeah, I mean, the ones on the right, yes. You moved those stack of three—
Play from 41:46Code Enforcement Officer
So, but there's still a tire behind this car, and there's still those two tires—
Play from 41:53Code 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 42:11Code Enforcement Officer
Uh, they it's— so it's been since last year, so they're up to a thousand as well.
Play from 42:26Gerald 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 42:37Roy 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 42:48Roy 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 42:59City 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 43:03Roy 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 43:08Fred 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 43:21City 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 43:37City 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 43:49Fred 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 44:38Fred 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 45:02Fred 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 45:25Fred 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 45:37Fred 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 45:45Gerald 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 45:57Chair
All right, it's been properly moved and seconded um that that this this the appeal is is is um approved, um
Play from 46:46Chair
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
Play from 46:58Chair
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?
Play from 47:17Chairperson
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...
Play from 48:09Male 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-
Play from 48:23Female Appellant
I think that- I think that should be understandable because what you consider junk and debris, he doesn't. I mean-
Play from 48:36Male 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.
Play from 48:41Female 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!
Play from 48:53Male 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.
Play from 49:58Female 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?"
Play from 50:07Board 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.
Play from 50:12Chairperson
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-
Play from 50:12Chair
Second, it's been properly moved and seconded. All in favor signify by saying aye.
Play from 50:27Audience 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.
Play from 50:48Chair
Can we can we can we can we can we work with them to, for you, for two of you all?
Play from 51:40Eddie Kopp
See, well I've been working with them this whole time, but they can extension that I've given them.
Play from 51:46Board 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-
Play from 51:50Eddie 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.
Play from 51:54Appellant
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?
Play from 51:56Brian 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?
Play from 52:01Board 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?
Play from 52:04Eddie Kopp
Yeah, because if you still have them just sitting in your yard, they're going to the same thing's going to happen.
Play from 52:19Code Enforcement Officer
Yeah, and I can bring Eddie with me, too, that that night short notice.
Play from 52:38Board 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?
Play from 52:40Appellant
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-
Play from 52:54Code Enforcement Officer
The car as well is being 30 days in there to take enforcement again.
Play from 53:07Appellant
I just, one quick question, I don't want to hold you guys up any more, but I-
Play from 53:27Appellant
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?
Play from 53:30City 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.
Play from 53:38Appellant
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.
Play from 53:58Board Member 1
That's the zoning That's the codes that the Council approved, and they're placed Zoning.
Play from 54:05Board Member 2
Um we had the the other case mister wasn't here. However, I understand you all have an update on that case?
Play from 54:12Code 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 54:23City 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 55:17Andre M. Boggerty
And this is the this is so the this is the one with the roof had the hole in it?
Play from 55:56City Staff
It's still there. And that's a separate case, and I've issued citations for that.
Play from 56:02Andre 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...
Play from 56:30Chair
No, she was she was online saying on the phone saying that she was having some emotional issues.
Play from 57:19Board 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.
Play from 57:29Chair
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.
Play from 57:41Chair
Any opposed? Motion carried. All right. That concludes our If there be no further action, I move for adjournment.
Play from 58:47