CPMCBOA PACKET Redacted
Construction and Property Maintenance Code Board of Appeals. Jul 31, 2018.
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CONSTRUCTION AND PROPERTY MAINTENANCE
CODE BOARD OF APPEALS
AGENDA
JULY 31, 2018 - 4:00 P.M.
CITY HALL CONFERENCE ROOM
15 LOOCKERMAN PLAZA, DOVER, DELAWARE
AGENDA ADDITIONS/DELETIONS
1. CODE VIOLATIONS (CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 70-4 -
THROWING AND KICKING OBJECTS AND PLAYING GAMES IN STREETS AND PUBLIC PLACES; AND
CHAPTER 98 - STREETS, SIDEWALKS, STORM SEWERS AND OTHER PUBLIC PLACES, ARTICLE I - IN
GENERAL, SECTION 98-6 - DUTY OF PERSONS OCCUPYING COMMERCIAL ESTABLISHMENTS AND
PREMISES TO KEEP SIDEWALKS CLEAR) - APPEAL OF DECISION TO REMOVE BASKETBALL GOAL
FROM CITY RIGHT-OF-WAY - 18 BALTUSROL COURT (JOSEPH P. MAIER IV)
2. PROPERTY MAINTENANCE CODE CITATIONS (CHAPTER 22 - BUILDINGS AND BUILDING
REGULATIONS, ARTICLE XII - VACANT BUILDINGS, SECTION 22-403 - REGISTRATION AND
REGISTRATION FEE) - APPEAL OF DECISION AND REGISTRATION FEE - 915 EAST DIVISION STREET
(RHAE KONSCHAK)
3. ADJOURNMENT
/DD
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\CPMCBA\07-31-2018 CPMCBOA AGENDA.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.
Page 2
City of Dover
July 27, 2018
Attn: Mr. Joseph P. Maier IV
18 Baltusrol Court
Dover, DE 19904
Re: Appeal of Decision - Basketball Goal in Right-of-Way - 18 Baltusrol Court, Dover, DE
Case #: 18-00001878
Mr. Maier:
I have received your request to appeal the decision of the Building Inspector to have the basketball goal removed
from the right-of-way, in accordance with Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-4 -
Throwing and kicking objects and playing games in streets and public places; and Chapter 98 - Streets, Sidewalks,
Storm Sewers and Other Public Places, Article I - In General, Section 98-6 - Duty of persons occupying commercial
establishments and premises to keep sidewalks clear.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Tuesday,
July 31, 2018 at 4:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your
appeal.
Please feel free to contact me by e-mail at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Sincerely,
Traci A. McDowell, MMC
City Clerk
TAM/dld
S:\APPEALS\2018\18 BALTUSROL COURT-BASKETBALL GOAL IN RIGHT-OF-WAY-MAIER\Receipt of Appeal-Basketball Goal in Right-of-Way-18 Baltusrol Ct-Maier.wpd
cc: David Hugg, Director of Planning and Community Development
Nicholas Rodriguez, City Solicitor
William Pepper, Deputy City Solicitor
Tim Taraila, Code Enforcement Supervisor
Velvet Bowen, Code Enforcement Officer
P.O. Box 475 ˜ Dover, Delaware ˜19903
Community Excellence Through Quality Service
Page 7
Division of
Code Enforcement
<!Citp of 7!lober
15 Loockerman Plaza Phone: (302) 736-7011
Dover, DE 19901 Fax: (302) 736-4217
SECOND NOTICE
July 6, 2018
JOSEPH PATRICK IV MAIER
18 BALTUSROL CT
DOVER DE 19904
RE : Property address: 18 BALTUSROL CT
Tax Parcel Number: ED-05-067.13-01-800.00 0-000
Case Number: 18-00001878
Dear Sir/Madam:
On June 15, 2018, Code Enforcement Officer Velvet Bowen from the City of
Dover, Department of Inspections conducted a re-inspection of 18 BALTUSROL
CT. The re-inspection revealed that the basketball goal in the City Right of
Way violation still exists.
The basketball goal being placed in the Right of Way is a violation of the
City of Dover Code of Ordinances Section 70-4. The goal being placed on the
sidewalk is a violation of Section 98-6.
Please have the basketball goal removed from the Right of Way by July 20,
2018, or a summons will be issued. Be advised that fines may run as high as
One Thousand Dollars ($1000.00) per day for as long as the violation exists.
Thank you for your cooperation in this matter. If you have any questions or
concerns, please do not hesitate to contact me at (302) 736-7011.
VELVET BOWEN
Code Enforcement Officer
cc: File
Qeommunitp QfxceUence \!Cbrougf) @ualitp ~erbice
Page 9
Division of '!Citp of !!lo bet
Code Enforcement Phone: (302) 736-7011
15 Loockerman Plaza
Fax: (302) 736-4217
Dover, DE 19901
June 15, 2018
JOSEPH PATRICK IV MAIER
18 BALTUSROL CT
DOVER DE 19904
RE: Property address: 18 BALTUSROL CT
Tax Parcel Number: ED-05-067.13-0 1-800.000-000
Case Number: 18-00001878
Dear Sir/Madam :
On June 15, 2018, the City of Dover, Department of Inspections during a
routine drive by inspection noticed a basketball goal in the City Right of
Way at 18 BALTUSROL CT.
The goal being placed in the Right of Way is a violation of the City of Dover
Code of Ordinances Section 70-4 (copy enclosed) . The goal being placed on the
sidewalk is a violation of Section 98-6 (copy enclosed).
Please have the basketball goal removed from the Right of Way by July 06,
2018, or further action will be taken. The intent of this ordinance is to
prevent games from being played in the street or within public places. If
the basketball goal is placed on private property in such a manner that it
allows games to be played in the public way, the basketball goal is in
violation of the code.
Thank you for your cooperation in this matter. If you have any questions or
concerns, please do not hesitate to contact me at (302) 736-7011.
Sincerely,
V~I. - '~
VELVET BOWEN
Code Enforcement Officer
cc: File
08J15/ID18 13:G
QCommunitp ~xcellence ~brougb <mualitp ~e1·bice
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7/27/2018 Dover, DE Code of Ordinances
Sec. 70-4. - Throwing and kicking objects and playing games in streets and public places.
It shall be unlawful for any person to throw, kick or project, in any manner whatsoever, any stone, ball
or other object in the city streets and public places, or to play or practice athletic games, quoits, pitching
pennies and like games on the city streets and public places, unless those places are speci cally designated
for those purposes by lawful authority.
(Code 1968, § 20-20; Ord. of 5-12-1975; Code 1981, § 14-7)
Charter reference— Power of council to regulate use of streets, subpart A, § 29.
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7/27/2018 Dover, DE Code of Ordinances
Sec. 98-6. - Duty of persons occupying commercial establishments and premises to keep sidewalks clear.
All persons occupying commercial establishments or premises fronting on any street or public place
shall keep the sidewalk immediately in front of their premises clear of debris or other materials so that
pedestrians may conveniently pass, and shall not sell, display or advertise goods or services on the
sidewalk. Further, upon obtaining special permission from the city manager, such persons may utilize, for
the display of merchandise, areas within the sidewalk right-of-way.
(Code 1968, § 28-34; Ord. of 6-13-1977; Code 1981, § 19-6; Ord. of 7-12-1993; Ord. of 5-10-1999)
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City of Dover
July 27, 2018
Attn: Mrs. Rhae Konschak
706 Wyoming Avenue
Dover, DE 19904
Re: Appeal of Decision - Vacant Building Registration and Fee - 915 East Division Street, Dover, DE
Case #: 15-00001360
Mrs. Konschak:
I have received your request to appeal the decision of the Building Inspector to register your property as vacant in
accordance with Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Tuesday,
July 31, 2018 at 4:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 to hear your
appeal.
Please feel free to contact me by e-mail at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Sincerely,
Traci A. McDowell, MMC
City Clerk
TAM/dld
S:\APPEALS\2018\915 EAST DIVISION STREET - KONSCHAK - VACANT BLDG\Receipt of Appeal - Vacant Building - 915 East Division Street - Konschak.wpd
cc: David Hugg, Director of Planning and Community Development
Nicholas Rodriguez, City Solicitor
William Pepper, Deputy City Solicitor
Tim Taraila, Code Enforcement Supervisor
Ron Coburn, Code Enforcement Officer
P.O. Box 475 ˜ Dover, Delaware ˜19903
Community Excellence Through Quality Service
Page 13
JUL 1 2 2018
OFRCE OF ruE CITY CLERK
July 5, 2018
The City Clerk
Dover, Delaware
To whom it may concern:
I am requesting an appeal on the Vacant Building Registration for 915 E. Division
Street. This was my parents house. My mother passed away and I am trying to clean
the house out to sell.
I would appreciate a little extra time to accomplish this.
I appreciate your help in this matter.
7a G L-0,OM; I\.) ') fjl'-e_
Col'Y~!f 3~ h~
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7/27/2018 Dover, DE Code of Ordinances
ARTICLE XII. - VACANT BUILDINGS
Sec. 22-400. - Purpose; applicability; de nitions.
(a) Purpose. The purpose and intent of this article is to establish a registration and identi cation
program of vacant buildings within the city. Vacant buildings are detrimental to the
surrounding buildings and neighborhoods in which they exist. The article is also to ensure
the public health, safety and welfare insofar as they are a ected by vacant buildings within
the city. The health, safety and welfare of the neighborhoods in which vacant buildings are
located are of the utmost importance to the city, as is the general community character in
which these vacant buildings are located.
(b) Applicability. The provisions of this article shall apply to all matters a ecting or relating to
vacant buildings. Where, in this article, di erent sections of this Code may specify di erent
requirements, the most restrictive shall govern.
(c) De nitions. The following words, terms and phrases, when used in this article, shall have the
meanings ascribe to them in this subsection, except where the context clearly indicates a
di erent meaning.
(1) Vacant building means a building, structure, or dwelling that has been unoccupied for
more than three consecutive months; or a commercial tenant space greater than 10,000
square feet in an otherwise occupied building, that has been left unoccupied for more
than three consecutive months.
(2) Actively for sale or lease means the building is being actively marketed through a
licensed real estate broker or the owner who is regularly advertising the property in
newspapers circulated in and around Dover, it is being o ered for sale or lease at a cost
of no more than 25 percent over market rate as determined by the city assessor, and
the building is in reasonable condition for sale or lease, including but not limited to: no
trash has collected inside or outside of the building, the utilities are functional, and it is
not being used as storage that is unrelated to the former use.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-401. - Monitoring, inspection and condition standards.
(a) The building inspector shall inspect any premises in the city for the purpose of enforcing and
assuring compliance with the provisions of this article. Upon request of the building
inspector, an owner shall provide access to all interior portions of a vacant building in order
to permit a complete inspection.
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7/27/2018 Dover, DE Code of Ordinances
Once a building/structure/unit or residence (hereon after referred to as building) is registered
as a vacant building, the vacant building shall be inspected annually for as long as it is
considered vacant.
(b) The vacant building shall be secured; the exterior building and premises shall be maintained
in accordance with all City of Dover Code requirements.
(c) The vacant building shall be in reasonable condition (all utilities shall be functional, there
shall be no trash or debris inside or outside the building and it shall not to be used as storage
that is unrelated to the former use).
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-402. - Agent—Responsible person required.
(a) Property manager. Any owner of a vacant building, residing outside of the county, shall be
required to have a licensed property manager residing or having an o ce located in the
county, or a family member or other designated individual who does not manage any other
real estate for a fee and who resides in the county acting as a property manager. The
property manager, including family members and designated individuals, shall have charge,
care and control of the vacant building, and shall provide access to the vacant building for
inspection upon request by the building inspector, within 30 days.
(b) Corporate or partnership owners. Any corporation or partnership owning a vacant building
shall have a designated member, partner, or employee having charge, care and control of the
vacant building. The designated member, partner or employee shall reside in or have an
o ce located in the county, or shall be required to have a licensed property manager
residing or having an o ce located in the county, or other designated individual who does
not manage any other real estate for a fee, and who resides in the county, acting as a
property manager. The property manager, or other designated individuals shall have charge,
care and control of the vacant building, and shall provide access to the vacant building for
inspection, upon request by the building inspector, within 30 days.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-403. - Registration and registration fee.
(a) Registration of building. There are two ways to register the building as vacant.
(1) The owner shall register with the city not later than 30 days after any building in the city
becomes vacant, as de ned.
The registration of the vacant building shall include the site address, the name of the
current owner or owners, current address of the owner and of all applicable owners,
tax parcel number, proof of insurance on the building, description of the condition of
the building, plans for the building (to eliminate the vacancy), the responsible person
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7/27/2018 Dover, DE Code of Ordinances
or agent and their contact information and any other applicable information. If any
information changes the owner is responsible for informing the city of those
changes in a timely manner.
(2) The building inspector or his designee, shall investigate any property that may be
subject to registration. Based upon his ndings, the building inspector may register the
property as a vacant building subject to this chapter.
a. Notice of registration. Within ve business days of such registration, the licensing
and permitting o ce shall notify the owners of the registered property by certi ed
mail at their last known address according to the records of the city and Kent
County.
b. Registration fee.
(i) The annual registration fee shall be paid at the time of registration. If the
building inspector registers the building as vacant the fee shall be due not
later than 30 days after the building is registered as vacant. The annual
registration fee will then be due on the registration anniversary date every
year after that as long as it remains vacant. The starting point for counting a
building as being vacant will begin on the date of the enactment of this article
[June 26, 2006].
(ii) The annual fee is as provided for in Appendix F—Fees and Fines.
(Ord. of 6-26-2006; Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-03, 3-11-2013)
Sec. 22-404. - Violation and penalties.
(a) If the registration fee is not paid within 30 days of being due, the owner shall be in violation
of this article.
(1) A lien can be assessed against the property. Such fees shall be entered in the municipal
lien docket as a lien owing the city, and the same may be turned over to the city solicitor
for collection.
(2) The fee will be assessed to the parcel's tax bill.
(3) The fee shall be paid in full prior to the transfer of title.
(4) The fee shall be paid in full prior to the issuance of any building permits for the subject
building and for any other building that is owned by the owner within the city.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-405. - Exemptions—Types of buildings eligible for exemption status from the registration fee.
(a) The following are exempt from the registration: The building has re damage. The owner has
90 days to le for a permit to start construction or demolition or it will be determined a
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vacant property.
(b) The following properties shall be registered as vacant, but they are exempt from the
registration fee:
(1) The building is actively being o ered for sale or lease for a maximum period of ve
years. After such time this article will be in e ect. Proof of activity shall fall on the owner
to provide. See de nition.
(2) The owner has obtained a building permit and is progressing in an expedient manner to
prepare the premises for occupancy.
(3) The property is in probate or where the owner has entered a long term care facility
within six months of the building being vacant.
(4) The property is undergoing currently environmental cleanup or assessment.
(c) Failure to register. If the owner of the property fails to register the property with the City of
Dover within 30 days of noti cation to do so by the City of Dover sta , then the property
owner/agent may not be entitled to exemption from the fees.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-406. - Appeal of the 25 percent over market rate.
An appeal of the 25 percent over market rate (from the actively for sale or lease de nition) can be
considered through an appraisal using accepted appraisal standards to determine market rate. The owner
has the option of asking the city tax assessor to perform the appraisal or having one performed (using
accepted appraisal standards) at their own expense.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013; Ord. No. 2016-19 , 8-22-2016)
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Chapter 22. - Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article XII. Vacant Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall
be automatically doubled in amount.
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings <10,000 SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than two years $750.00
Buildings vacant for more than two years but less than three years $1,500.00
Buildings vacant for more than three years but less than five years $3,000.00
Buildings vacant for five years or longer $5,000.00