CPMCBA Minutes and Attachment 1

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on March 13, 2019 at 4:00 p.m. with Councilman Neil presiding in the absence of Chairman Anderson. Mr. Martin was also present. ADOPTION OF AGENDA By unanimous consent, the agenda was adopted as presented. Property Maintenance Code Citation (Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings, Section 22-403 - Registration and Registration Fee) - Appeal of Decision and Registration Fee - 527 Nimitz Road (Benjamin Lucas) Mr. Ron Coburn, Code Official, reviewed the case history for 527 Nimitz Road. Responding to Mr. Neil regarding the minimal utility usage, Mr. Benjamin Lucas advised that he spends much of his day away from home and returns at night to rest. Mr. Lucas presented signed affidavits from neighbors stating that he occupies the home, a letter sent to 527 Nimitz Road on October 22, 2018 from the City of Dover regarding a code violation, and recent utility bills (Attachment #1). Responding to Mr. Martin, Mr. Lucas advised that he would accept an exemption based on his active mechanical permit. Mr. Martin moved to grant an exemption due to the open mechanical permit for the property, contingent on Mr. Benjamin Lucas filling out a Vacant Building Registration Form and requesting the exemption. The motion was seconded by Mr. Neil and unanimously carried. Property Maintenance Code Citation (Chapter 22 - Buildings and Building Regulations, Article XII - Vacant Buildings, Section 22-403 - Registration and Registration Fee) - Appeal of Decision and Registration Fee - 720 River Road (Darron Henry) Mr. Ron Coburn, Code Official, reviewed the case history for 720 River Road. Mr. Darron Henry stated that he occupies the home at least a couple of times a week but is often out of town for work. He stated that his neighbors look after the property when he is away. Mr. Neil noted the minimal usage of utilities and the statement from Mr. Henry that his neighbors look after the property is not grounds for an exemption of the fourth year fee. Mr. Coburn stated that properties deemed vacant are visited once a month and the home appeared vacant during every visit to the property. Responding to Mr. Coburn regarding visiting vacant buildings monthly, Mr. Martin advised that he went by the home prior to the meeting and it appeared vacant.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF MARCH 13, 2019 PAGE 2 Mr. Martin moved to uphold the decision of the Building Inspector to declare this property in its fourth year of vacancy and to apply the fourth year vacant building registration fee, in the amount of $3,000.00. The motion was seconded by Mr. Neil and unanimously carried. Mr. Martin moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 4:31 p.m. Fred A. Neil Acting Chair FAN/AL/dd S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS\03-13-2019 CPMCBA Minutes\03-13-2019 CPMCBA Minutes - AL current 07-25-2019.wpd Attachments Attachment #1 - Signed affidavits, a letter from the City of Dover, and utility bills for 527 Nimitz Road, provided by Benjamin Lucas

MAR 1 3 2019 OFFICE OF THE CITY CLERK Affidavit of ------------------------------ State of Delaware County of Kent The undersigned, {(ifY\tJ_J L f V I~ being duly sworn hereby deposes and says: 1. I am over the age of 18 and is a resident of the State of Delaware. I have personal knowledge of the facts herein, and if called could testify completely thereto. 2. I suffer no legal disabilities and have personal knowledge of the facts set below: I am a resident of Dover and live in the Towne Pointe neighborhood. I pass 527 Nimitz Rd, Dover DE regularly while traveling to and from work. I can confirm that Ben Lucas stays at this address. Additionally, I have visited Ben Lucas on several occasions since he moved back to Dover in September 2018. I declare that, to the best of my knowledge and belief, the information herein is true, correct and complete NOTARY ACKNOWLEDGEMENTS STATE OF DELAWARE, COUNTY OF KENT, SS: Notary PUbliC'_i-;:;:;1~- __ ~_' 03 __ ------- Title (and Rank) /Job.'f::] Pu.~\ {'D My commission expires \ \ Ias} 2.c ONTHIS~_DAYOF tetx-V\c,(~ ,20jS_ 17 \d l-. \)t'" \ (,' e APPEARED ~Q'('9.. - BEFORE ME t::>o.....u \,'"'\ (0 G- V\. e 'l- V\ e v- v\ A NOTARY PUBLIC FOR THE STATE OF DELAWARE, COUNTY OF KENT. --_._-'-' -. ,----- ---- ---~-..- ---_-

Affidavit of Etta Davis State of Delaware County of Kent The undersigned, Etta Davis being duly sworn hereby deposes and says: 1. I am over the age of 18 and is a resident of the State of Delaware. I have personal knowledge of the facts herein, and if called could testify completely thereto. 2. I suffer no legal disabilities and have personal knowledge of the facts set below: I am a resident of Dover and live at 1432 Hancock Av, Dover, DE. I have been managing 527 Nimitz Rd, Dover DE for the past five years. Mr Lucas advised me in early 2018 that he will be moving back to Dover in June 2018 and my service will no longer be needed. In August 2018 Mr Lucas terminated our agreement and took possession of the property. I have visited Ben on several occasions since he back to Dover. I declare that, to the best of my knowledge and belief, the information herein is true, correct and complete &a f (1, e~I{.PI ~~Cf, 2019 NOTARY ACKNOWLEDGEMENTS STATE OF DELAWARE, COUNTY OF KENT, ss: '2-1'1-1(\ Title (and Rank) j\{ o--+Q\I'~ P 0\. Ie \ (! My commission expires II /0.5 120

Affidavit of Jeffery Flemings State of Delaware County of Kent The undersigned, Jeffery Flemings being duly sworn hereby deposes and says: 1. I am over the age of 18 and is a resident of the State of Delaware. I have personal knowledge of the facts herein, and if called could testify completely thereto. 2. I suffer no legal disabilities and have personal knowledge of the facts set below I am a resident of Kent County and reside at 610 Oats Lane, Wyoming, DE. I have visited Benjamin L. Lucas, Sr at his residence which is located at 527 Nimitz Rd, Dover, DE 19901. I can confirm that Ben moved to his residence in late August 2018. I declare that, to the best of my knowledge and belief, the information herein is true, correct and complete Executed this / ~ day of (£,cv I~ , 2019 #z/!-~ NOTARY ACKNOWLEDGEMENTS Title (and ~a~k) A)~~'I'~ PtA.\J\ I'e My commISSIOnexpIres ll/<'sl1..C>

Division of Code Enforcement <ttt!' of mober Phone: (302) 73A-7011 15 Loockennan Plaza I·ax: (]02) 73A-42 I 7 Dover, DE 1990 I October 22, 2018 BENJAMIN L & LOUISA E LUCAS 527 NIMITZ RD DOVER DE 19901 RE: Property address: 527 NIMITZ RD Tax Parcel Number: ED-05-068.10-01-660.000-000 Case Number: 18-0000 105 Dear Mr. & Mrs. Lucas: On October 22, 2018, the City of Dover, Department of Inspections conducted an inspection at 527 NIMITZ RD. Attached is the Code violation found durin the inspection. A follow up inspection must be onducted by November 01, 2018, to ensure compliance. Please contact this office with a date and time convenient for you to conduct the re-inspection. You are not required to conta t 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 his notice, please contact me at (302) 736-7011. 12 re1Y RON ~ , G2_&b~. Code Enforcement Officer cc: File Q[ommunitp QCxcplll'llCP UI:l)ronu(J ®ualitp $prU(Cp

&countJ.oform atiof] Contact Information Customel': BENJAMIN L LUCAS 8:30 a.m. - 5:00 p.m. Monday-Friday Service Address: 527 NIMITZ RD Customer Service: 302-736-7035 Account it: 30-22 Emergency after 5 p.m.: 302-736·7086 Bill Date: 01/18/2019 Website: www.(icyofdover.(om City of Dover Due Upon Receipt. tr-llan,- r·'!!.!...1~rPIII . __ 1 Au(om:uic &3."" Or:lft I'- j. rl"l-:-IJf ~ t'lifll,;,1 01/ l8WIli ap~'t?dr "·n T1~" r t'llt •• '\!· .••• •• "" •• I ·'·,.·I' "1I111 <l;1;'t,eJ('l" ___ ___l; 49.08 Equ:a.l~ed P'1y,.....~"t PI:an . ~ t·,.d (" ~j';~1 '11q ",II,' t'l' ! """)1''= I "I ,·,.·.Ioj •.••· '1,1' 'r" .I''''~r· - •••••• '__':' .-~ ••.rl j 49.08 Online P'lYnlcnt ·...,ich I. c,.edit (').rd Meter Information Res1d.mt1al Meter * Days Serv1ce Per10d PreV10US Present Hult Usage Svc Un1ts 31037435E 33 12/12/18 1/14/19 1.00 EL KWH Cust~il 48465977W 33 12/12/18 1/14/19 1.00 WA TGAL InfQl"ll1iltion Cbarges for current cyc~e Service Consumption Rate Charge EL RES CUSTOMER CHG EL ENERGY CHG EL PURCHASE POWER COST EL GREEN ENERGY CHARGE 'lM14 ELECTRIC E1ect~~~_ U~2.'le _ WA WATER CUSTOMER CHG 'lM14 WATER SERVICE SE SEWER CUSTOMER CHG ~ SEWER SERVICE TR TRASH SERVICE FEE 'lM1tIi TRASH 7~ CHARGES FOR PERIOD 49.08 '1 _'._J :.' ;.. ,vq daily b,h: Water Usage r-- - .----.- 1 . '- -~- .. ·-;···r:·~~ATTENTION: ;...•...••.. __ ..__ __ To Avoid ---_ Disconnection __ ._------_ - __ _-.- .. : . .' .t:.'''' ,c; ,.~'.~ I ". I P lJ I)':' !- .n .. u 0?/08/2019; pel L uue b lances dre SUI)l, I.,) :: ~ ~ t clJ t :.s,- il:,-,'; Iith ·••. -to :drth 1 III tj{':'. ?ecei i.. a n w b 11 "'111 not nulllt~· hts :: :.-; . 1,·, ..•. r\ ...:,••• ' •• !.""'!t-' ul oJ: ",'I \0:111 --1- ~ I- i~-""'. nt~rT .-1cr-·llrtt!=-. :t _.'_'.J~.:.l.':'~~::~.~~:.::~ _.:.:~_.1.._.~_~~__. . ~~.~t.::.:: . . . ... .. _.__: : ~- ---_ .._ _ _ - •... - _. _ _ - --- _ _ ...•...... - - _. _ .....• - •.....................•. - - _ .• - .....••.. _ ..- _ .....• : Plc~c dct:a.ch ihi.t: portion ~d r"Cmitwiu, p3.ymcnt n,ad. by milil or in penon. Not"ify cm1:orner ~ervice to IIp<l,11( I1Idilill!( addl "\1. phorw BENJAMIN L LUCAS T_OU__IA__MOU __ "_t_D_u_e --. IIIIIUi1t'f, <,' ('((I <Iii 49.08 ('j ty of Dover Due Upon ReC81pt; 49.08L- ~ Mili P:aymcnu to: City of Dover Utility BENJAMIN L LUCAS Po Box 15040 527 NIMITZ RD Wilmington, DE 19886-5040 DOVER DE 19901-6640 1,1,111 I1,,11 11,1, II II1'," III III II I,I IIIII" II 11111 000052021000011038000000049088

Current Charges o -07 AS CHARGE(SEE COMP) 109 B lance Informa ion 02- 7 TOTAL AMOUNT DUE 109.71 02-07 GAS BALA CE 109.71 07-07 SRVC BALANCE 0.00 Present Difference 141 (=) 81 (=) =) Rate CCF's Used 81 RS2H Route-Sequence 574- 770 USTOMER CHARGE FIRST 20 $'. NEXT 30 NEXT 31 GSR 81 ENVIR N 8] TOT.I\L s 10 .71 For Natural Gas Emergencies or suspected gas leaks in Jour area, call our 24-hour Emergency Telephone Number: 800.427.2883. --- ---- ~- ~ - - _---- Natural gas has been Known to leak into buildings by following other Statement Summary utility lines and underground structures - even if the building aoes not nave gas service. 109.71 Feb 19 30 Jan 19 32 02128/2019 Feb 18 30 For Billing Call: Statement Summary (800)427-2883 CHE¥.PEAKE~ UTILITIES For Emergencies (800)427-2883 Call: Past Due $109.71 Gas 109.71••••••••••• 500 ENERGY LANE Other Chgs DOVER DE 19901 TIN 51-0064146 Sharing www.chpkgas.com If you ever detect the smell of natural gas, call the 24-hour emergency Please return this portion with your payment. Make check payable to: number immediately. 800.427.2883 Budget customers must remain Chesapeake Utilities Corporation. Please bring entire statement when paying enrolled in the program through June to Qualify for auto enrollment for the in person. Write your account number on your check exactly as shown including dashes. next heating season. ~'all Payment To: '1111111,111 111,1111'111'1' 1111'11111,11111111'11'11-1,11111,1111 CHESAPEAKE UTILITIES ···········AUTO··S·DIGIT 19901 2191 61 PO BOX 826531 e If~ BENJAMIN LUCAS 527 NIMITZ RD DOVER, DE 19901-6640 PHILADELPHIA, PA 19182-6531 D Checl< here if address change and note change on reverse side. 001000544600005005001000201902070010000200000000010971