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SPECIAL COUNCIL AGENDA MARCH 6, 2017 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA - DOVER, DELAWARE AGENDA ADDITIONS/DELETIONS 1. PUBLIC HEARINGS - VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE (STAFF RECOMMENDS: 1) DECLARING THESE BUILDINGS AND ALL ACCESSORY STRUCTURES ON THESE PROPERTIES DANGEROUS; 2) ORDERING THE PROPERTIES DEMOLISHED BY APRIL 6, 2017 BY THE OWNERS OR EQUITY OWNERS AT THEIR OWN RISK; 3) ORDERING THE BUILDING INSPECTOR TO CAUSE THE DEMOLITION OF THE STRUCTURES IF NOT COMPLETED BY THE OWNERS WITHIN 10 DAYS OF THE DATE ESTABLISHED BY CITY COUNCIL; AND 4) ORDERING THE CITY MANAGER, WITH THE ASSISTANCE OF THE CITY SOLICITOR, TO CAUSE THE COST OF DEMOLITION TO BE CHARGED AGAINST THE LANDS ON WHICH THE BUILDINGS EXIST AS MUNICIPAL LIENS OR CAUSE SUCH COSTS TO BE ADDED TO THE TAX DUPLICATE AS ASSESSMENTS, OR TO BE LEVIED AS A SPECIAL TAX, OR TO BE RECOVERED IN A SUIT AT LAW AGAINST THE OWNERS.) A. PROPERTY LOCATED AT 236 EISENHOWER DRIVE, OWNED BY ANGELA WESTER AND MARTHA GARRATT B. PROPERTY LOCATED AT 1175 HORSEPOND ROAD, OWNED BY MICHAEL S. GOODHAND 2. CITY MANAGER’S ANNOUNCEMENTS 3. COUNCIL MEMBERS’ ANNOUNCEMENTS 4. ADJOURNMENT /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2017\03-06-2017 SPECIAL - Violations of the Dangerous Building Ordinance.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 2-27-17 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: 236 Eisenhower Drive, Dover, Delaware – Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22, Article XI - Dangerous Buildings Case #16-576 & 17-436 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $15,000. AMOUNT BUDGETED: $175,000 Budgeted for all demolitions Citywide in the FY-2017 Budget; As of Februay 27, 2017, there is $76,449.90 remaining in the line item. FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare this building and all accessory structures on this property dangerous. 2. Order the property demolished by April 6, 2017 by the owner or equity owner at their own risk. 3. Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council. 4. Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. BACKGROUND AND ANALYSIS The property is owned by Angela Wester & Martha Garratt. The property is a single story ranch wood framed dwelling. On March 11, 2016, City Staff condected an exterior inspection of the home and observed several code violations, including damage to the roof and a dilapidated fence. Several notices were sent to the homeowner over the course of the summer with no response. On August 29, 2016, City Staff condemned the dwelling and posted it as unsafe for human occupancy due to the amount of damage to the structure and the lack of work being done to repair it. To date, the owner has made no contact with the City regarding the code violations or registering the dwelling as vacant. Currently the structure is vacant, with no active utilities and in a serious state of disrepair.

Division of Code Enforcement <!Cttp of 1!.lober 15 Loockerman Plaza Phone: (302) 736-7010 Dover, DE 19901 Fax: (302) 736-4217 NOTICE SENT VIA CERTIFIED & REGULAR MAIL PHYSICALLY POSTED ON PREMISES February 9, 2017 Angela Wester & Martha Garratt Angela Wester 236 Eisenhower Drive 526 N Governors Ave Dover, DE 19901 Dover, DE 19904 LSF9 Master Participation Trust LSF9 Master Participation Trust c/o Daniel T. Conway, Esquire c/o Caliber Home Loans, Inc. 512 East Market Street 13801 Wireless Way Georgetown, DE 19947 Oklahoma City, OK 73134 Texas Commerce Bank N.A. 801 West Greens Rd Houston, TX 77067 RE: 236 Eisenhower Drive, Dover, DE 19901 Parcel #ED05-068.14-0l-550.000 Case #16-576 Dear Madams: On August 29,2016, the Department of Planning and Inspections condemned the dwelling located at 236 Eisenhower Drive as unfit for human occupancy due to the amount of damage to the structure and the lack of work being done to repair it. Prior to this, the Department had sent several notices regarding code violations, such as a deteriorated roof, damaged wall siding and missing gutters. To date, the owner has made no contact with the city regarding these violations and has made no corrections for the code violations. Due to the condition of the property and the lack of responsiveness on the part of the owner to correct violations, the building is found to be in violation of the Dangerous Building Ordinance of the City. Presently the dwelling has no utilities, is condemned as unsafe for human occupancy, and is registered as a vacant building. There are exterior and interior code violations that have not been corrected from previous inspections. The following defects have been sited from Article XI, Dangerous Buildings, Section 22-381 ofthe Dover City Ordinance. • (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. Ql:ommunit!' Qfxcellence ~brouub 12auaht!' 6erbite

• (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people of this city. • (1 0) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city. • (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or marunade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. This letter is to notify you that the structures must be repaired and brought into code compliance by Februu ry 2 , 20 17, or staff will report your non-compliance to City Council. The Council will then set a date and time for a public hearing to afford you the opportunity to appear and show cause why this building should not be demolished. This property has been duly posted as legally prescribed by the ordinance and all other parties will be notified as required. Please call (302) 736-7010 between 8:30AM to 5:00PM if you have any questions concerning this correspondence. Sincerely, Ann Marie Townshend, AICP Director of Planning and Community Development at wnshend@d ver.dc.u cc: Traci McDowell - City Clerk Timothy M. Taraila- Code Enforcement Supervisor City Solicitor Attachment: Code Violation Notice P.O. Box475 +Dover, Delaware +19903 QCommunit!' QexceUence 'Otbrougb <laualit!' gs,erbite

Division of Code Enforcement QCitp of 11Bob r 15 Loockerman Plaza Phone: (302) 73n-70 II Dover, DE 1990 I Fax: (302) 736-4217 FIFTH NOTICE August 30, 2016 ANGELA & WESTER GARRATT,MARTHA 236 EISENHOWER DR DOVER DE 19901 RE: Property Address: 236 EISENHOWER DR Tax Parcel Number: ED-05-068.14-01-550.000-000 Case Number: 16-00000576 Dear SIR I MADAM: On March 11, 2016, the City of Dover, Department of Inspections conducted an inspection at 236 EISENHOWER DR. The inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. ter furttier investigation tha •truetur haa b en conaemn d •• unfit :for uman occupancy du to exceaeive damage and l ck ot rapaire. Anyone found in h structure atter September 1, 2016 will be canaider d treepasain • A re-inspection revealed that the violation(s) remain. Enclosed is a third citation. Citations will double if not paid within 14 days of the iaaua data. Failure to comply by September :~9, 201~ will result in an additional Citation. If you have any questions or to appeal this notice, please contact this office at (302) 736-7011. Sincerely, 2 6 -fP5 JAKE SHEPHERD Code Enforcement Officer co: File Ql:ommunit~ excellence tEbrouub ~unlitp 6erbice

Division of Code Enforcement ([itp of 71Bob r I 5 Loockcrman Plaza Phone: (302) 736-7011 Dover, DE 1990 l Fax: (302) 736-4217 OFFICIAL CITATION Citation # 16-00000576 ANGELA & WESTER GARRATT,MARTHA 236 EISENHOWER DR DOVER DE 19901 Location of Offense: 236 EISENHOWER DR Type of Offense: PROPERTY MAINTENANCE-EXTERIOR Date of Offense: August 30, 2016 Time of Offense: 08:25 Date of Issue: August 30, 2016 Previous Offense, If any - Date: You are hereby fined for being in violation of the City of Dover Ordinance marked (X) below. Payment must be received by The City of Dover Inspections Dept., 15 Loockerman Plaza, Dover, Delaware prior to Sepf.eri\ber 29, 2016 . Appeals of this citation may be submi tted in writing to the City of Dover Inspections Department at the above address. This appeal must be made within 30 days of the date of the offense. Failure to pay this fine may result in the City of Dover seeking collections through an approved collections agency with a collection fee of 35%. If the violation is not corrected, the City reserves the right to use its own resources or those of a contractor to abate the below violation (s) and to bill the owner of the property for such cost plus administrative fees. Fines will be doubled i~ not paid within l4 ~ys from the data the ~ine was issued or if an appeal is not subm.i tted within 14 days from the data the fine was issued. JAKE SHEPHERD Code Enforcement Officer Violation: HSG/BLDG Condemnation Sao No: DCO 22-221 I 2009 IP.MC Section 109 Unsafe Structures and Equipment Fine as per coda: $200.00 ClComnmnitp Ql!xrellence «brouub (!flu alit~ 6et·utce

VIOLATION DETAIL PAGE 1 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR VIOLATION: 248 QUANTITY: 1 DESCRIPTION: 248 REPLACE ROOF DATE: 3/ll/16 LOCATION: ROOF NARRATIVE : Replace the roof on the house. This includes the shingles, felt, and any damaged sheathing. Bring it to a proper condition. Do so in a workmanship like manner. Failure to do so may result in a citation being issued and the City using its own resources to abate the violation at the property owners expense. In addition, if the roof continues to deteriorate without correction, there is a possibility of condemnation of the property. A permit will be required. ORDINANCE DESCRIPTION : SECTION PM 304.7 ROOFS CORRECTIVE ACTION REQUIRED : REPLACE ROOF SHINGLES AND/OR ROOFING MATERIAL TO MAKE THE ROOF WEATHER TIGHT VIOLATION: 386 QUANTITY: 1 DESCRIPTION: 386 REPAIR YARD FENCE DATE: 3/11/16 LOCATION: BACK YARD NARRATIVE : Replace or remove the damaged fence in the rear yard. Properly dispose of trash pieces. In the case of taking down the fence and replacing it with a new fence then a permit is required. ORDINANCE DESCRIPTION : SECTION PM 302.7 ACCESSORY STRUCTURES/MAINTENANCE CORRECTIVE ACTION REQUIRED : REPAIR, REPLACE OR REMOVE DAMAGED OR DETERIORATED YARD FENCE VIOLATION: 717 QUANTITY: l DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 3/11/16 LOCATION: EXTERIOR NARRATIVE : Remove and properly dispose of all junk, trash and debris on the exterior of the house. Keep exterior in a neat, organized and sanitary manner. ORDINANCE DESCRIPTION : SECTION PM 302.1 SANITATION CORRECTIVE ACTION REQUIRED : REMOVE GARBAGE, TRASH AND/OR JUNK AND DEBRIS FROM

VIOLATION DETAIL PAGE 2 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR CORRECTIVE ACTION REQUIRED : EXTERIOR PROPERTY AREAS. VIOLATION: 000 QUANTITY: 1 DESCRIPTION: 000 HSG/BLDG CONDEMNATION DATE: 8/29/16 LOCATION: ATTENTION NARRATIVE : This building is hereby condemned as unfit for human occupancy due to the amount of damage to the structure and the lack of work being done to r epair it. Anyone found in the structure after 9/1/ 16 will be considered trespassing and further action will be taken. ORDINANCE DESCRIPTION : NOTICE THIS BUILDING IS HEREBY "CONDEMNED" AS "UNFIT FOR HUMAN OCCUPANCY", AND MUST BE VACATED IMMEDIATELY AND/OR ALL CODE VIOLATIONS CAUSING THIS ACTION CORRECTED IMMEDIATELY SECTION PM 108.1 UNSAFE STRUCTURES AND EQUIPMENT GENERAL CORRECTIVE ACTION REQUIRED : BUILDING/DWELLING IS TO BE VACATED AND REMAIN VACATED UNTIL SUCH TIME THAT ALL VIOLATIONS HAVE BEEN CORRECTED AND APPROVAL OF OCCUPANCY HAS BEEN OBTAINED BY THE CODE OFFICIAL VIOLATION: 001 QUANTITY: 1 DESCRIPTION: 001 WORKMANSHIP DATE: 8/30/16 LOCATION: ATTENTION NARRATIVE : Please correct all violations in a workmanlike manner and obtain permits if necessary. ORDINANCE DESCRIPTION : SECTION PM 102.5 ALL REPAIRS AND MAINTENANCE WORK IS TO BE DONE IN A WORKMANLIKE MANNER AND INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTALLATION INSTRUCTIONS. TO BE WORKMANLIKE THE REPAIR MUST BE PERFORMED IN A MANNER CONSISTENT WITH WORK DONE BY A SKILLED CRAFTSMAN. CORRECTIVE ACTION REQUIRED : MAKE ALL REPAIRS IN A WORKMANLIKE MANNER. VIOLATION: 108 QUANTITY: 1 DESCRIPTION: 108 REPAIR CONCRETE STEPS DATE: 8/30/16 LOCATION: FRONT ENTRY NARRATIVE : Please repair the damaged and deteriorating front walkway,

VIOLATION DETAIL PAGE 3 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR NARRATIVE : which leads to the front door. ORDINANCE DESCRIPTION : SECTION PM 304.10 BUILDING/STRUCTURAL CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE CONCRETE STEPS VIOLATION: 242 QUANTITY: 1 DESCRIPTION: 242 REPAIR WALL SIDING DATE: 8/30/16 LOCATION: EXTERIOR NARRATIVE : Please repair all missing and broken sections of siding. ORDINANCE DESCRIPTION : SECTION PM 304.2 EXTERIOR SURFACES CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE WALL SIDING VIOLATION: 246(a) QUANTITY: 1 DESCRIPTION: 246(a) REPAIR OVERHANG DATE: 8/30/16 LOCATION: REAR NARRATIVE : Please repair the badly damaged and deteriorating section of overhang, soffit, and fascia on the rear of the structure. ORDINANCE DESCRIPTION : SECTION PM 304.9 OVERHANG EXTENSION CORRECTIVE ACTION REQUIRED : Repair, replace or remove deteriorated and or damaged overhang extension. VIOLATION: 255 QUANTITY: 1 DESCRIPTION: 255 REPAIR OR REPLACE DRIVEWAY DATE: 8/30/16 LOCATION: DRIVEWAY NARRATIVE : Please replace the cracked and damaged driveway and obtain permits to do so. ORDINANCE DESCRIPTION : SECTION PM 302.3 DRIVEWAY SURFACE CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE DAMAGED AND/OR DETERIORATED DRIVEWAY VIOLATION: 391 QUANTITY: 1 DESCRIPTION: 391 REPAIR/REPLACE GUTTER(S) DATE: 8/30/16 LOCATION: EXTERIOR

VIOLATION DETAIL PAGE 4 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR NARRATIVE : CONTINUED Please repair or replace and clean all damaged sections of gutter to ensure proper drainage of water. ORDINANCE DESCRIPTION : SECTION PM 304.7 BUILDING/EQUIPMENT/MAINTENANCE CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE GUTTER(S) VIOLATION: 715 QUANTITY: 1 DESCRIPTION: 715 RMV HIGH GRASS/OVERGROWTHS DATE: 8/30/16 LOCATION: EXTERIOR NARRATIVE : Please remove and properly dispose of all high grass, noxious weeds, and overgrowth from the property. ORDINANCE DESCRIPTION : SECTION PM 302.4 and DCO 114-32 GENERAL REQUIREMENTS CORRECTIVE ACTION REQUIRED : REMOVE HIGH GRASS, WEEDS AND/OR NOXIOUS WEEDS FROM EXTERIOR PROPERTY AREAS

Division of ~itp of !JBob r Code Enforcement 15 Loockerman Plaza Phone: (302) 736-7010 Dover, DE 1990 I Fax: (302) 736-4217 NOTICE February 24, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED Angela Wester & Martha Garratt Angela Wester 236 Eisenhower Drive 526 N Governors Ave Dover, DE 19901 Dover, DE 19904 LSF9 Master Participation Trust LSF9 Master Participation Trust c/o Daniel T. Conway, Esquire z/o Caliber Home Loans, Inc. 512 East Market Street 13801 Wireless Way Georgetown, DE 19947 Oklahoma City, Ok 73134 Texas Commerce Bank N.A. 801 West Greens Rd Houston, TX 77067 RE: 236 Eisenhower Drive, Dover, DE 19901 Parcel #ED05-068.14-01-550.000 Case #16-576 Dear Madams: The Department of Planning and Inspections for the City of Dover inspected the exterior of the dwelling located at 236 Eisenhower Drive on February 23,2017, and found that no repairs have been made to correct the violations detailed in a previous letter dated February 9, 2017. The building is in violation of the Dangerous Building Ordinance of the City and is scheduled to be presented to City Council as such on Monda March 2017 t 6:00 .m., in accordance with the provisions of Article XI Dangerous Buildings. At this hearing, Staff will recommend that Council order the building to be demolished, including all accessory structures, either by the owner or the City. You may present testimony to City Council stating your case as to why the house should not be declared dangerous and ordered demolished. On March 11,2016, City Stafffrom the Department of Planning and Inspections conducted an exterior inspection of the home and observed several code violations, including damage to the roof and a dilapidated fence. Several notices were sent to the homeowner over the course of the summer with no response. On August 29, 2016, City Staff condemned the dwelling and posted it as unsafe for human occupancy due to the amount of damage to the structure and the lack of work being done to repair it. Ql:ommuntt!' Qfxcellence ~brouub <!auallt!' 6eruice

Presently the structure is registered as a vacant building, with no utilities and has been condemned as unfit for human occupancy. The structure is a fire hazard and a danger to the residents in the surrounding area. The following defects have been sited from Article XI, Dangerous Buildings, Section 22-381 of the Dover City Ordinance. • (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. • (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people of this city. • (1 0) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city. • (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. This property has been duly posted as legally prescribed by the ordinance and all other parties will be notified as required. Please call (302) 736-7010 between 8:30AM to 5:00PM if you have any questions concerning this correspondence. Sincerely, Ann Marie Townshend, AICP Director of Planning and Community Development atownshend@dover.de. u cc: Traci McDowell - City Clerk Timothy M. Taraila- Code Enforcement Supervisor City Solicitor P.O. Box 475 +Dover, Delaware +19903 C!ommunitp ~xcellence t!rbrougb ~uaHtp i;erbice

Division of QCitp of ~ober Code Enforcement 15 Loockennan Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302)736-4217 FIFTH NOTICE August 30, 2016 ANGELA & WESTER GARRATT,MARTHA 236 EISENHOWER DR DOVER DE 19901 RE: Property Address: 236 EISENHOWER DR Tax Parcel Number: ED-05-068,14-01-550.000-000 Case Number: 16-00000576 Dear SIR I MADAM: On March 11, 2016, the City of Dover, Department of Inspections conducted an inspection at 236 EISENHOWER DR. The inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. After further investigation the structure has been condemned,. as unfit for human occupancy due to excessive damage and lack of repairs. Anyone. found in the structure after s_~pte~~r 1, 20~6 will be considered: tr.es.p~_ssing .: A re-inspection revealed that the violation(s) remain. Enclosed is a third citation. Citations will double if not paid within 14 days of the isaua date. Failure to comply by s:~p:temp'c;~r 29, 2..01:~ will result in an additional Citation. If you have any questions or to appeal this notice, please contact this office at (302) 736-7011. Sincerely, ~ JAKE SHEPHERD Code Enforcement Officer cc: File Ql:ommunitp <lfxcellence ~IJt'ouab <launlltp ~et•btte

Division of Code Enforcement QCitp of 1!lober 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736A217 OFFICIAL CITATION Citation # 16-00000576 ANGELA & WESTER GARRATT,MARTHA 236 EISENHOWER DR DOVER DE 19901 Location of Offense: 236 EISENHOWER DR Type of Offense: PROPERTY MAINTENANCE-EXTERIOR Date of Offense: August 30, 2016 Time of Offense: 08:25 Date of Issue: August 30, 2016 Previous Offense, If any - Date: You are hereby fined for being in violation of the City of Dover Ordinance marked (X) below. Payment must be received by The City of Dover Inspections Dept., 15 Loockerman Plaza, Dover, Delaware prior to September 29, 2016. Appeals of this citation may be submitted in writing to the City of Dover Inspections Department at the above address. This appeal must be made within 30 days of the date of the offense. Failure to pay this fine may result in the City of Dover seeking collections through an approvea collections agency with a collection fee of 35%. If the violation is not corrected, the City reserves the right to use its own resources or those of a contractor to abate the below violation (s) and to bill the owner of the property for such cost plus administrative fees. Fines will be doubled i f not paid within 14 ~ys £rom the date the £ine was issued or i£ an appeal is not submitted within l4 days £rom the date the fine was issued. JAKE SHEPHERD Code Enforcement Officer Violation: HSG/BLDG Condemnation Seo No: nco 22-221 I 2009 IPMC Seot~on 108 Unsafe Structures and Equipment Fine as per code: $200.00 Ql:omnmnitp ~!Excellence 'OtiJt'oug}J <aunlitp :i>erbice

VIOLATION DETAIL PAGE 1 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR VIOLATION: 248 QUANTITY: 1 DESCRIPTION: 248 REPLACE ROOF DATE: 3/11/16 LOCATION: ROOF NARRATIVE : Replace the roof on the house. This includes the shingles, felt, and any damaged sheathing. Bring it to a proper condition. Do so in a workmanship like manner. Failure to do so may result in a citation being issued and the City using its own resources to abate the violation at the property owners expense. In addition, if the roof continues to deteriorate without correction, there is a possibility of condemnation of the property. A permit will be required. ORDINANCE DESCRIPTION : SECTION PM 304.7 ROOFS CORRECTIVE ACTION REQUIRED : REPLACE ROOF SHINGLES AND/OR ROOFING MATERIAL TO MAKE THE ROOF WEATHER TIGHT VIOLATION: 386 QUANTITY: 1 DESCRIPTION: 386 REPAIR YARD FENCE DATE: 3/11/16 LOCATION: BACK YARD NARRATIVE : Replace or remove the damaged fence in the rear yard. Properly dispose of trash pieces. In the case of taking down the fence and replacing it with a new fence then a permit is required. ORDINANCE DESCRIPTION : SECTION PM 302.7 ACCESSORY STRUCTURES/MAINTENANCE CORRECTIVE ACTION REQUIRED : REPAIR, REPLACE OR REMOVE DAMAGED OR DETERIORATED YARD FENCE VIOLATION: 717 QUANTITY: 1 DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 3/11/16 LOCATION: EXTERIOR NARRATIVE : Remove and properly dispose of all junk, trash and debris on the exterior of the house. Keep exterior in a neat, organized and sanitary manner. ORDINANCE DESCRIPTION : SECTION PM 302.1 SANITATION CORRECTIVE ACTION REQUIRED : REMOVE GARBAGE, TRASH AND/OR JUNK AND DEBRIS FROM

VIOLATION DETAIL PAGE 2 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR CORRECTIVE ACTION REQUIRED : EXTERIOR PROPERTY AREAS. VIOLATION: 000 QUANTITY: 1 DESCRIPTION: 000 HSG/BLDG CONDEMNATION DATE: 8/29/16 LOCATION: ATTENTION NARRATIVE : This building is hereby condemned as unfit for human occupancy due to the amount of damage to the structure and the lack of work being done to repair it. Anyone found in the structure after 9/1/16 will be considered trespassing and further action will be taken. ORDINANCE DESCRIPTION : NOTICE THIS BUILDING IS HEREBY 11 CONDEMNED 11 AS "UNFIT FOR HUMAN OCCUPANCY", AND MUST BE VACATED IMMED~TELY AND/OR ALL CODE VIOLATIONS CAUSING THIS ACTION CORRECTED IMMEDIATELY SECTION PM 108.1 UNSAFE STRUCTURES AND EQUIPMENT GENERAL CORRECTIVE ACTION REQUIRED : BUILDING/DWELLING IS TO BE VACATED AND REMAIN VACATED UNTIL SUCH TIME THAT ALL VIOLATIONS HAVE BEEN CORRECTED AND APPROVAL OF OCCUPANCY HAS BEEN OBTAINED BY THE CODE OFFICIAL VIOLATION: 001 QUANTITY: 1 DESCRIPTION: 001 WORKMANSHIP DATE: 8/30/16 LOCATION: ATTENTION NARRATIVE : Please correct all violations in a workmanlike manner and obtain permits if necessary. ORDINANCE DESCRIPTION : SECTION PM 102.5 ALL REPAIRS AND MAINTENANCE WORK IS TO BE DONE IN A WORKMANLIKE MANNER AND INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTALLATION INSTRUCTIONS. TO BE WORKMANLIKE THE REPAIR MUST BE PERFORMED IN A MANNER CONSISTENT WITH WORK DONE BY A SKILLED CRAFTSMAN. CORRECTIVE ACTION REQUIRED : MAKE ALL REPAIRS IN A WORKMANLIKE MANNER. VIOLATION: 108 QUANTITY: 1 DESCRIPTION: 108 REPAIR CONCRETE STEPS DATE : 8/30/16 LOCATION: FRONT ENTRY NARRATIVE : Please repair the damaged and deteriorating front walkway,

VIOLATION DETAIL PAGE 3 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR NARRATIVE : which leads to the front door. ORDINANCE DESCRIPTION : SECTION PM 304.10 BUILDING/STRUCTURAL CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE CONCRETE STEPS VIOLATION: 242 QUANTITY: 1 DESCRIPTION: 242 REPAIR WALL SIDING DATE: 8/30/16 LOCATION: EXTERIOR NARRATIVE : Please repair all missing and broken sections of siding. ORDINANCE DESCRIPTION : SECTION PM 304.2 EXTERIOR SURFACES CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE WALL SIDING VIOLATION: 246(a) QUANTITY: 1 DESCRIPTION: 246(a) REPAIR OVERHANG DATE: 8/30/16 LOCATION: REAR NARRATIVE : Please repair the badly damaged and deteriorating section of overhang, soffit, and fascia on the rear of the structure. ORDINANCE DESCRIPTION SECTION PM 304.9 OVERHANG EXTENSION CORRECTIVE ACTION REQUIRED : Repair, replace or remove deteriorated and or damaged overhang extension. VIOLATION: 255 QUANTITY: 1 DESCRIPTION: 255 REPAIR OR REPLACE DRIVEWAY DATE: 8/30/16 LOCATION: DRIVEWAY NARRATIVE : Please replace the cracked and damaged driveway and obtain permits to do so. ORDINANCE DESCRIPTION : SECTION PM 302.3 DRIVEWAY SURFACE CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE DAMAGED AND/OR DETERIORATED DRIVEWAY VIOLATION: 391 QUANTITY: 1 DESCRIPTION: 391 REPAIR/REPLACE GUTTER(S) DATE: 8/30/16 LOCATION: EXTERIOR

VIOLATION DETAIL PAGE 4 CASE NUMBER 16-00000576 PROPERTY ADDRESS 236 EISENHOWER DR NARRATIVE : CONTINUED Please repair or replace and clean all damaged sections of gutter to ensure proper drainage of water. ORDINANCE DESCRIPTION : SECTION PM 304.7 BUILDING/EQUIPMENT/MAINTENANCE CORRECTIVE ACTION REQUIRED : REPAIR OR REPLACE GUTTER(S) VIOLATION: 715 QUANTITY: 1 DESCRIPTION: 715 RMV HIGH GRASS/OVERGROWTHS DATE: 8/30/16 LOCATION: EXTERIOR NARRATIVE : Please remove and properly dispose of all high grass, noxious weeds, and overgrowth from the property. ORDINANCE DESCRIPTION : SECTION PM 302.4 and DCO 114-32 GENERAL REQUIREMENTS CORRECTIVE ACTION REQUIRED : REMOVE HIGH GRASS, WEEDS AND/OR NOXIOUS WEEDS FROM EXTERIOR PROPERTY AREAS ,.

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 2-27-17 PREPARED BY: Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: 1175 Horsepond Road, Dover, Delaware – Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI – Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22, Article XI - Dangerous Buildings Case #13-370 & 16-3080 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $10,000. AMOUNT BUDGETED: $175,000 Budgeted for all demolitions Citywide in the FY-2017 Budget; As of Februay 27, 2017, there is $76,449.90 remaining in the line item. FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare this building and all accessory structures on this property dangerous. 2. Order the property demolished by April 6, 2017 by the owner or equity owner at their own risk. 3. Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council. 4. Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. BACKGROUND AND ANALYSIS The property is owned by Michael S. Goodhand. The property is a single wide mobile home with a one room addition added. The dwelling was condemned as unfit for human habitation on February 8, 2017 due to the condition of the property and the lack of responsiveness on the part of the owner to correct violations. The dwelling is in a dilapidated condition, with two windows boarded, deteriorated skirting, damaged siding and a rear wooding deck that is rotted and a danger to walk on. Additionally, there are two wooding sheds that are also in a dilapidated condition. On March 7, 2013, the dwelling was registered as a vacant building. Since that time, the City has had to have the grass and overgrowth cut by a City Contractor on nine separate occasions. To date, the owner has made no contact with the City regarding the code violations or registering the dwelling as vacant. Currently the structure is vacant, with no active utilities and in a serious state of disrepair.

Division of Code Enforcement <1:itp of 1!\ob r 15 Loockennan Plaza Phone: (302) 736-7010 Dover, DE 19901 Fax: (302) 736-4217 NOTICE SENT VIA CERTIFIED & REGULAR MAIL PHYSICALLY POSTED ON PREMISES February 9, 2017 Michael S. Goodhand Michael S Goodhand 2923 Elm St c/o Asset Construction, LLC Winter Haven, FL 33881 POBox400 Camden Wyoming, DE 19934 RE: 1175 Horsepond Rd, Dover, DE 19901 Parcel #EDOS-078.00-01-070.000 Case #13-370 & 16-3080 Dear Mr. Goodhand: On February 8, 2017, the Department of~lanning and Inspections condemned the dwelling located at 1 175 Horse on Rd after the structure, along with two additional sheds, were found to be in a dilapidated condition. Prior to this, the Department had sent notice on February 2, 2013 that the dwelling was a vacant house and would need to be registered as such. To date, the owner has made no contact with the city regarding registering the dwelling as vacant. The City has also sent notice to make repairs to the property with no corrections being made, along with The City having to have a contractor cut the grass since 2013. Due to the condition of the property and the lack of responsiveness on the part of the owner to correct violations, the building is found to be in violation of the Dangerous Building Ordinance of the City. Presently the dwelling has no utilities, is condemned as unsafe for human occupancy, and is registered as a vacant building. There are exterior code violations that have not been corrected from previous inspections. The following defects have been sited from Article XI, Dangerous Buildings, Section 22-381 of the Dover City Ordinance. • (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. • (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people of this city. • ( 10) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city. QCommunltp ~xcellente t!I:brougb <!auaUtp ~erbtce

• (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. This letter is to notify you that the structures must be repaired and brought into code compliance by February 23, 2017, or staff will report your non-compliance to City Council. The Council will then set a date and time for a public hearing to afford you the opportunity to appear and show cause why this building should not be demolished. This property has been duly posted as legally prescribed by the ordinance and all other parties will be notified as required. Please call (302) 736-7010 between 8:30AM to 5:00PM if you have any questions concerning this correspondence. Sincerely, ~~~ Ann Marie Townshend, AICP Director of Planning and Community Development al wnshend@dover.de.u · cc: Traci McDowell - City Clerk Timothy M. Taraila- Code Enforcement Supervisor City Solicitor Attachment: Code Violation Notice P.O. Box475 +Dover, Delaware +19903 Qtommunit!' Qfxcellence 'Qt:brougb aualit!' ~erbice

Division of Code Enforcement <!Citp of 11Bobe 15 Loockennan Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-4217 SECOND NOTICE February 8, 2017 MICHAEL S GOODHAND 2923 ELM ST WINTER HAVEN FL 33881 RE : Property Address: 1175 HORSEPOND RD Tax Parcel Number: ED-05-078.00-01-070.000-000 Case Number: 16-00003080 Dear Mr. Goodhand: On November 14, 2016, the City of Dover, Department of Inspections conducted an inspection at 1175 HORSEPOND RD. The inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. A follow up inspection was conducted and the violation(s) still remain. Failure to have the property brought into compliance with the City Codes by February 23, 2017 will result in City Staff taking this property to City Council with the recommendation to have the structures demolished. Please contact this office with a date and time to conduct your re- inspection. You are not required to contact this office if the re-inspection is for an exterior violation. If you have any questions or would like to schedule your inspection or appeal this notice, please contact me at (302) 736-7011. Sincerely, TIMOTHY M. TARAILA Chief Code Enforcement Officer cc: File Qtommunit!' Cfxcellence tltbrougb <aualitp &trbitt

VIOLATION DETAIL PAGE 1 CASE NUMBER 16-00003080 PROPERTY ADDRESS 1175 HORSEPOND RD VIOLATION: 715 QUANTITY: 1 DESCRIPTION: 715 RMV HIGH GRASS/OVERGROWTHS DATE: 11/14/16 LOCATION: EXTERIOR NARRATIVE : Remove all overgrowth from the property to include the overgrowth around the shed and primary building. ORDINANCE DESCRIPTION : SECTION PM 302.4 and DCO 114-32 GENERAL REQUIREMENTS CORRECTIVE ACTION REQUIRED : REMOVE HIGH GRASS, WEEDS AND/OR NOXIOUS WEEDS FROM EXTERIOR PROPERTY AREAS VIOLATION: 717 QUANTITY: 1 DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 11/14/16 LOCATION: EXTERIOR NARRATIVE : Remove and properly dispose of all trash, litter, junk and debris from the exterior areas of the property. ORDINANCE DESCRIPTION : SECTION PM 302.1 SANITATION CORRECTIVE ACTION REQUIRED : REMOVE GARBAGE, TRASH AND/OR JUNK AND DEBRIS FROM EXTERIOR PROPERTY AREAS. VIOLATION: 719 QUANTITY: 1 DESCRIPTION: 719 RPR/RMV ACCESSORY STRUC. DATE: 11/14/16 LOCATION: SHEDS NARRATIVE : Repair or remove and dispose of the two wooden sheds. The sheds have failing roofs, walls and floors. ORDINANCE DESCRIPTION : SECTION PM 302.7 ACCESSORY STRUCTURES/MAINTENANCE CORRECTIVE ACTION REQUIRED : REPAIR/REPLACE OR REMOVE DAMAGED AND/OR DILAPIDATED ACCESSORY STRUCTURE VIOLATION: 000 QUANTITY : 1 DESCRIPTION: 000 HSG/BLDG CONDEMNATION DATE: 2/08/17 LOCATION: DWELLING NARRATIVE :

VIOLATION DETAIL PAGE 2 CASE NUMBER 16-00003080 PROPERTY ADDRESS 1175 HORSEPOND RD NARRATIVE : Currently the home is in a delapidated condition, with no utilities and has been registered as a vacant building since 2013. ORDINANCE DESCRIPTION NOTICE THIS BUILDING IS HEREBY "CONDEMNED" AS "UNFIT FOR HUMAN OCCUPANCY", AND MUST BE VACATED IMMEDIATELY AND/OR ALL CODE VIOLATIONS CAUSING THIS ACTION CORRECTED IMMEDIATELY SECTION PM 108.1 UNSAFE STRUCTURES AND EQUIPMENT GENERAL CORRECTIVE ACTION REQUIRED : BUILDING/DWELLING IS TO BE VACATED AND REMAIN VACATED UNTIL SUCH TIME THAT ALL VIOLATIONS HAVE BEEN CORRECTED AND APPROVAL OF OCCUPANCY HAS BEEN OBTAINED BY THE CODE OFFICIAL

Division of Code Enforcement QCitp f 1!lober 15 Loockerman Plaza Phone: (302) 736-7010 Dover, DE 19901 Fax: (302) 736-4217 NOTICE February 24, 2017 CERTIFIED MAIL RETURN RECEIPT REQUESTED MichaelS. Goodhand Michael S. Goodhand 2923 Elm Street c/o Asset Construction, LLC Winter Haven, FL 33881 P0Box400 Camden Wyoming, DE 19934 RE: 1175 Horsepond Rei, Dover, DE 19901 Parcel #EDOS-078.00-0 1-070.000 Case #13-370 & 16-3080 Dear Mr. Goodhand: The Department of Planning and Inspections for the City of Dover inspected the exterior of the structures located at 1175 Horsepond Rd on February 23,2017, and found that no repairs have been made to correct the violations detailed in a previous letter dated February 9, 2017. The buildings are in violation ofthe Dangerous Building Ordinance of the City and are scheduled to be presented to City Council as such on M nday. Mar h , 201 7 al :00 p.m., in accordance with the provisions of Article XI Dangerous Buildings. At this hearing, Staff will recommend that Council order the buildings to be demolished, including all accessory structures, either by the owner or the City. You may present testimony to City Council stating your case as to why the buildings should not be declared dangerous and ordered demolished. On March 7, 2013, City Staff from the Planning and Inspections Department registered the dwelling as a vacant building. Since the date of registration, City Staffhas had to have the grass cut by City contractors nine times. On November 11, 2016, a code violation notice was sent to the owner regarding several code violations including the condition of the two dilapidated sheds. As oftoday's date, no repairs have been made. Presently the structure is registered as a vacant building, with no utilities and has been condemned as unfit for human occupancy. The structure is a fire hazard and a danger to the residents in the surrounding area. The following defects have been sited from Article XI, Dangerous Buildings, Section 22-381 ofthe Dover City Ordinance. • (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein. Ql:ommunitp QexceUence m:brougb <laualitp ~erbice

• (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people ofthis city. • (1 0) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city. • (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. This property has been duly posted as legally prescribed by the ordinance and all other parties will be notified as required. Please call (302) 736-7010 between 8:30AM to 5:00PM if you have any questions concerning this correspondence. Sincerely, cc: Traci McDowell - City Clerk Timothy M. Taraila- Code Enforcement Supervisor City Solicitor P.O. Box 475 +Dover, Delaware +19903 Qeommunttp Qfxullence 'Mbrougb ~ualltp i1>erbice

Division of Code Enforcement QCitp of 1!lober 15 Loockennan Plaza Phone: (302) 736-70 II Dover, DE 19901 Fax: (302) 736-4217 THIRD NOTICE February 24, 2017 MICHAEL S GOODHAND 2923 ELM ST WINTER HAVEN FL 33881 RE : Property Address: 1175 HORSEPOND RD Tax Parcel Number: ED-05-078.00-01-070.000-000 Case Number: 16-00003080 Dear Mr. Goodhand: On November 14, 2016, the City of Dover, Department of Inspections conducted an inspection at 1175 HORSEPOND RD. The inspection revealed one or more City Code Violations on the property. Attached are the violation(s) found. If you have any questions or would like to schedule your inspection or appeal this notice, please contact this office at (302) 736-7011. TIM TARAILA Code Enforcement Officer cc: File €ommunitp Qexctlltnct 'atbrouab Q!ualitp 6trbite

VIOLATION DETAIL PAGE 1 CASE NUMBER 16-00003080 PROPERTY ADDRESS 1175 HORSEPOND RD VIOLATION: 715 QUANTITY: 1 DESCRIPTION: 715 RMV HIGH GRASS/OVERGROWTHS DATE: 11/14/16 LOCATION: EXTERIOR NARRATIVE : Remove all overgrowth from the property to include the overgrowth around the shed and primary building. ORDINANCE DESCRIPTION : SECTION PM 302.4 and DCO 114-32 GENERAL REQUIREMENTS CORRECTIVE ACTION REQUIRED : REMOVE HIGH GRASS, WEEDS AND/OR NOXIOUS WEEDS FROM EXTERIOR PROPERTY AREAS VIOLATION: 717 QUANTITY: 1 DESCRIPTION: 717 RMV JUNK AND DEBRIS DATE: 11/14/16 LOCATION: EXTERIOR NARRATIVE : Remove and properly dispose of all trash, litter, junk and debris from the exterior areas of the property. ORDINANCE DESCRIPTION : SECTION PM 302.1 SANITATION CORRECTIVE ACTION REQUIRED : REMOVE GARBAGE, TRASH AND/OR JUNK AND DEBRIS FROM EXTERIOR PROPERTY AREAS. VIOLATION: 719 QUANTITY: 1 DESCRIPTION: 719 RPR/RMV ACCESSORY STRUC. DATE: 11/14/16 LOCATION: SHEDS NARRATIVE : Repair or remove and dispose of the two wooden sheds. The sheds have failing roofs, walls and floors. ORDINANCE DESCRIPTION : SECTION PM 302.7 ACCESSORY STRUCTURES/MAINTENANCE CORRECTIVE ACTION REQUIRED : REPAIR/REPLACE OR REMOVE DAMAGED AND/OR DILAPIDATED ACCESSORY STRUCTURE VIOLATION: 000 QUANTITY: 1 DESCRIPTION: 000 HSG/BLDG CONDEMNATION DATE: 2/08/17 LOCATION: DWELLING NARRATIVE :

VIOLATION DETAIL PAGE 2 CASE NUMBER 16-00003080 PROPERTY ADDRESS 1175 HORSEPOND RD NARRATIVE : Currently the home is in a delapidated condition, with two windows boarded, deteriorted skirting, damaged siding and a rotted rear deck that is a danger to walk on. The dwelling and sheds have no utilities with the main dwelling being registered as a vacant building. ORDINANCE DESCRIPTION : NOTICE THIS BUILDING IS HEREBY "CONDEMNED" AS "UNFIT FOR HUMAN OCCUPANCY", AND MUST BE VACATED IMMEDIATELY AND/OR ALL CODE VIOLATIONS CAUSING THIS ACTION CORRECTED IMMEDIATELY SECTION PM 108.1 UNSAFE STRUCTURES AND EQUIPMENT GENERAL CORRECTIVE ACTION REQUIRED : BUILDING/DWELLING IS TO BE VACATED AND REMAIN VACATED UNTIL SUCH TIME THAT ALL VIOLATIONS HAVE BEEN CORRECTED AND APPROVAL OF OCCUPANCY HAS BEEN OBTAINED BY THE CODE OFFICIAL