CPMCBA Packet - REVISED

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS AGENDA NOVEMBER 15, 2018 - 4:00 P.M. REVISED CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA, DOVER, DELAWARE REVISED BY REMOVING PROPERTY MAINTENANCE CODE CITATION (CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS, ARTICLE XII - VACANT BUILDINGS, SECTION 22-403 - REGISTRATION AND REGISTRATION FEE) - APPEAL OF REGISTRATION FEE - 44 FOREST CREEK DRIVE (JAMES AND DOROTHY SCHULTZ) AGENDA ADDITIONS/DELETIONS 1. CODE CITATION (CHAPTER 46 - FIRE PREVENTION AND PROTECTION, ARTICLE I - IN GENERAL, SECTION 46-8 - MAINTAINING A KNOWN VIOLATION OR HAZARD, (A)(1)) - APPEAL OF CITATION - 500 WEST LOOCKERMAN STREET (DUNCAN CENTER LLC, C/O ROBERT M. DUNCAN) 2. SCHEDULING MONTHLY CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETINGS 3. ADJOURNMENT /DD S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\MISC-AGENDAS\CPMCBA\11-15-2018 CPMCBA AGENDA - REVISED.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.

City of Dover November 8, 2018 Duncan Center LLC C/O Robert M. Duncan 555 Pennsylvania Ave Ext Dover, DE 19901 lbcduncan555@gmail.com Re: Appeal of Citation - Maintaining a Known Violation - 500 West Loockerman Street, Dover, DE Case #: 18-00003042 Mr. Duncan: I have received your request to appeal the decision of the Fire Marshal and the fine associated with citation #18-00003042 in violation of Chapter 46 - Fire Prevention and Protection, Article I - In General, Section 46-8 - Maintaining a Known Violation or Hazard, (a)(1) of the Dover Code. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday, November 15, 2018 at 4:00 p.m. in the City Hall Council Chambers, 15 Loockerman Plaza, Dover, DE 19901 to hear your appeal. If you have any additional documentation that you would like the Committee to review when considering your appeal, please provide this information to the City Clerk's Office prior to the appeal hearing. 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\500 WEST LOOCKERMAN STREET-MAINTAINING A KNOWN VIOLATION-DUNCAN\Receipt of Appeal-Maintaining a Known Violation-500 West Loockerman Street-Duncan.wpd cc: David Hugg, Director of Planning and Community Development Nicholas Rodriguez, City Solicitor William Pepper, Deputy City Solicitor Jason Osika, Fire Marshal Tim Taraila, Code Enforcement Supervisor Ron Coburn, Code Enforcement Officer P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

From: Linda Duncan To: Devine, Denise Subject: Re: NOTICE OF APPEAL HEARING - NOVEMBER 15, 2018 Date: Monday, November 12, 2018 5:01:58 PM Attachments: Duncan Center Fine.docx Please see the attached letter. We are not in Dover until next week, so we will miss the meeting. Thank you On Thu, Nov 8, 2018 at 5:46 PM Devine, Denise <ddevine@dover.de.us> wrote: Mr. Duncan, Attached please find correspondence regarding the Construction and Property Maintenance Code Board of Appeals meeting scheduled for Thursday, November 15, 2018 at 4:00 p.m. to hear your appeal. A paper copy was mailed to you as well. Thank you, Denise L. Devine, MMC Assistant City Clerk City of Dover e-mail: ddevine@dover.de.us (302) 736-7008 phone (302) 736-5068 fax -- Linda

Duncan Center 500 West Loockerman Street Dover, Delaware 19904 November 12, 2018 Construction and Property Maintenance Code Board of Appeals: We are not in Dover until after the date set for your meeting, so we would like this letter, in addition to the letters we have already submitted, to represent our position in this matter. Raymond Williams has found a place to move, but he is unable to reside there until after Thanksgiving. Jason Osika has granted the current extension to him. It was very difficult for Raymond to find another place to live as he does not drive, and he needed a location close something for him to walk to work. The original citation asked him to leave in just a few days. That was impossible for him. We, however, could not dictate to him when he had to move, or he would have been homeless. Also, we are not in the position to find his housing. Giving us a fine for something we have no control over does not seem fair to us. We said many times that the City should just evict him. At one point we were told that the City would condemn the property; then he would be evicted. The City did not do that. We continued to urge Raymond to move once we were not given any variance or change in zoning, and we believe he was looking. It just took him time. We paid $600 to the City to meet with the Board of Adjustment. They told us that the Board of Adjustment was not the correct place to make our plea for change of zoning but that we should go to the City Council. If that was the case, why was the money accepted and the meeting set only to tell us that we were with the wrong Board? In addition, we asked for help from our councilmen who very graciously offered to present our case to the City Council. They were never given that opportunity by the President, Mr. Slavin. He simply had it put to vote allowing no discussion. Now, we are being fined $500.00 because a tenant was not able to find housing quickly enough. We are asking you to cancel this citation because we feel it is unfair to us and improperly directed. The one to fine is the tenant who did not move in time, but we would certainly hope that you would never do that as he has enough problems in his life without adding addition burden. Please reconsider your citation as this whole incident has been long and stressful for all. Sincerely, Robert and Linda Duncan

RECEIVED Duncan Center OCT 2 4 2018 OCT 24 2018 500 West Loockerman Street \]tct c0v\~'L OFFICE OF THE CITY CLERK Dover, DE 19904 October 23, 2018 City of Dover Inspections Department: This letter is our appeal to the citation # 18-00003042 which we recently received pertaining to a space in the basement of the Duncan Center. We would like to appeal this fine because we have told Mr. Williams to vacate the premises due to the City of Dover's not allowing a residence in the building. We have asked Mr. Williams to find a place to live suitable to his requirements. He said he has been looking quite a lot, but he has not found a location as of today. He does not drive, so he has to find a place close enough to work, or he will also be without employment as well as a place to live. However, it is not our responsibility to find him a place to live. He must do that. If your solution is to condemn his residence, then do it. If you want him evicted, just give him the eviction notice. He seems to believe that the Landlord/Tenant Act gives him more time than you have given him. That is what he tells us. So, we do not feel that citing us a $500.00 fee is fair as we landlords have asked him several times to vacate. We have done what the City of Dover mandated. We request a hearing on this citation if this appeal does not suffice. Thank you for your time and consideration. Sincerely, Robert and Linda Duncan

Dover, DE Code of Ordinances about:blank 1 of 2 10/29/2018, 3:23 PM