SPECIAL COUNCIL MEETING VDBO MINUTES AND EXHIBITS 1-2 - REVISED

SPECIAL COUNCIL MEETING A Special Council Meeting was held on May 6, 2019 at 6:08 p.m. with Council President Slavin presiding. Council members present were Mr. Anderson, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Hare. Mr. Sudler and Mr. Lindell were absent. Mayor Christiansen was also present. Council staff members present were Mrs. Mitchell, Mr. Hugg, Mrs. McDowell. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Cole and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 33 SOUTH QUEEN STREET, OWNED BY OLIVER COOPER IV AND OTHERS A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 33 South Queen Street, owned by Oliver Cooper IV and others. Mr. David Hugg, Director of Planning and Community Development, reviewed a presentation depicting the condition of the property (Exhibit #1). Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished by June 6, 2019 by the owner or equity owner at their own risk; 3) ordering 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) ordering the City Manager with the assistance of the City Solicitor to cause the cost of the 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. Responding to Mr. Hare, Mr. Hugg confirmed that there was a newer home next door and the subject property was a blight on the neighborhood and in continuous violation. In response to Mr. Polce, Mayor Christiansen stated that he would provide him with statistics regarding the number of police responses to this property. Mr. Anderson asked when certified notifications were mailed and what responses were received. Responding, Mr. Hugg advised a lien search was ordered in January 2019, a first notice was sent to the owner and lien holders by certified and regular mail on March 18, 2019, and a notice was posted on the property. He noted that a copy of the notice was also provided to the City Clerk’s Office. Mr. Hugg stated that a follow up inspection was completed on April 4, 2019 and a date was set for the Council public hearing. He explained that this notice was sent to five (5) private parties in Kent County at their last known addresses. Mr. Slavin declared the public hearing open. Mr. Oliver Cooper, 6735 Yucca Street, Los Angeles, California, stated that he was speaking in regard to the notice he received earlier this year, noting that he was unaware of any of the previous

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 2 statements. He explained that the house was built in 1920, belonged to his great-grandfather, and he and his uncle acquired the property from his grandparents as an estate. Mr. Cooper advised that the house was occupied as a rental property at one point, and after 2013 it was privately occupied by a family member. He stated that most of the violations listed date back to 2013 and had been rectified. Mr. Cooper noted that the foundation and roof do not show any issues, and he believed the photos were misleading because they made the walls appear slanted or dilapidated, which they are not. He explained that the windows and doors are not broken as indicated, noting that the house is boarded up to prevent vandalism. Mr. Cooper informed members that when he received the notification that the property was to be condemned, he spoke to someone in the building department to request a stay until he could come look at the property, since he lives in Los Angeles and is not able to travel to Delaware very often. He stated that the person he spoke to told him he had to wait to come to this hearing, which is why there was no direct response to the letter he received in March. Mr. Cooper advised members that since that time, he had hired a construction person to assess the damages and hopefully to some additions to the house. He stated that the house had been in his family for almost 100 years and requested more time to fix the problems. Mr. Cooper noted that he did not believe most of the issues rose to a level requiring demolition, for the simple fact that the cost of demolition far exceeds the repairs that are necessary to be completed. Mr. Anderson asked why Mr. Cooper did not make any effort to pay the $13,000 in back taxes and fees after he received the notice. Responding, Mr. Cooper stated that $7,000 was a recent vacant property fee which he received notification of within the last month. He explained that he came prepared to make the $5,000 payment, which he believed was for taxes, the prior year’s vacant property fee, as well as water and sewer bills. Mr. Cooper noted that he owns the property jointly with his uncle, and he believed his uncle was taking care of most of these things. He indicated that his uncle had now agreed to Quit Claim Deed the house to him so that he can make all the necessary repairs without any issues. Mr. Cooper informed members that they had consistently had the grass cut, and the debris and branches indicated had since been removed. Mr. Anderson asked how Mr. Cooper planned to make the repairs to the property within 30 days if he was not even prepared to pay all the fees. In response, Mr. Cooper stated that the plan with his contractor would take longer than 30 days because he is backed up and would not be able to begin until the end of June. He explained that his biggest issue with correcting the violations was being a co-owner of the property, not money, noting that he had been paying all the taxes for years. Mr. Cooper informed members that his uncle was the initial executor for the estate and he had to go through a legal proceeding to gain executorship, which ended in November 2014, to begin assessing all of the properties owned by his family. Responding to Mr. Anderson, Mr. Cooper stated that he had been executor since the end of 2014, the taxes had been paid until last year. He explained that the vacant building fee is approximately $4,000 per year which makes up most of the taxes; however the taxes were paid in 2014, 2015, and 2016. He stated that his grandmother died in 2011 and he had been paying the fees since then.

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 3 Mr. Slavin stated that he thought that the amount for the taxes seemed very high. Mr. Anderson noted that even if Council gave Mr. Cooper time, he’s not even sure what repairs are needed or a time frame before summer. Responding, Mr. Cooper stated that there was a list of approximately 20 violations and many of the items date back to 2013 and are no longer valid. He noted that there are no structural issues with the home, the roof was repaired within the last five (5) years and does not leak, there are no drainage issues, there is a brand new water heater that hasn’t been utilized since 2015, and the floors and bathroom have been redone. Mr. Cooper stated that it is boarded to avoid someone breaking in and doing further damage to the interior of the home, explaining that it isn’t the nicest street in the neighborhood and there are issues with vandals. He noted that several homes on that block are boarded up. Mr. Polce stated that he shared Mr. Anderson’s sympathy for Mr. Cooper’s situation; however, it was completely unacceptable to have a home with 27 Code violations and utility shut-offs since February 7, 2016, and to owe approximately $15,000. He stated that, as Mr. Cooper alluded, it is not a good area, noting that he is there at least once a week handing out Narcan, which would mean that Mr. Cooper has all the better reason to be a good steward and not create an environment where squatting and loot activity could occur. Mr. Polce stated that he has always been up-front regarding his feeling that the City needs to quickly remedy vacant buildings and blighted buildings and hold people accountable at all costs. He advised that these issues not only depreciate home values around the neighborhood but major thoroughfares in the City, like this home on South Queen Street which is visible from one of the City’s major thoroughfares that he commutes on daily. Mr. Polce stated that he appreciates what Mr. Cooper is trying to do; however, in his opinion, it is a little too late. Mayor Christiansen stated that he appreciated Mr. Cooper’s allegiance to his family’s property, noting that there is no bigger supporter of individual property rights’ than himself because this country was founded on that. He explained that with property rights comes responsibility for your own property and those in and around your area. Mayor Christiansen stated that he thought it is incumbent on Mr. Cooper to make the difficult decision in the best interest of the greater good. He expressed his opinion that this property is a blight, is depreciating the property values in the community, and needs to go. He explained that it is a danger to the children, police officers, and firefighters in the community, noting that someone could start a fire there at any given time and a firefighter could lose their life. Mayor Christiansen indicated that he thought this property was a dangerous and hazardous building, and detriment to the community. He asked that Council follow through on the recommendation of staff. Mayor Christiansen stated that it is time that the City take a stand against dangerous buildings that are detracting from the property values of our fellow citizens. Mr. Cooper noted that there had never been police activity on his property, to his knowledge. He indicated his belief that tearing down the house was not the solution when correcting the few remaining issues would cost much less. Mr. Neil stated that the fines related to the vacant building code are progressive because Council is concerned and wants people to have the opportunity to fix violations. He indicated that the fees are designed as a warning for people to take action when they receive notification. Mr. Neil noted that the problem the City has experienced is that people always say they need more time. He expressed

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 4 his opinion that Mr. Cooper had the time. He stated that someone had the responsibility, whether it was Mr. Cooper or his uncle, to do what was right and contact the City to let staff know what was happening and not let the issues go on for so long. Mr. Neil stated that he agreed with the comments expressed by Mr. Anderson and Mr. Polce. He explained that it’s not fair to say that “it’s my property, and I can do what I want with it” when it hurts other people, as this property does. There being no one else present wishing to speak, Mr. Slavin declared the public hearing closed. Mr. Cole moved to accept staff’s recommendation, seconded by Mr. Polce. Mr. Anderson stated that he was a believer in providing the property owner a specific time frame to repair or demolish the property when the property is not a danger to public health and safety, and since that was lacking from the staff recommendation, he could not support the motion. The motion to accept staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished by June 6, 2019 by the owners or equity owners at their own risk; 3) order 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; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of the 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 owners was carried with Mr. Anderson voting no. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 938 SHANK ROAD, OWNED BY HECTOR A. VILLA A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 938 Shank Road, owned by Hector A. Villa. Mr. David Hugg, Director of Planning and Community Development, advised that notification regarding the Council public hearing was sent on April 11, 2019 by regular and certified mail to Mr. Villa and any other parties who had a recognized interest, including Security Pacific Financial Services and the Kent County Tax Office. He stated that the Department of Planning and Inspections inspected the exterior of the dwelling on April 10, 2019 and found that no repairs had been made to correct the violations detailed in a previous letter to the owner, dated March 18, 2019. Mr. Hugg informed members that City staff conducted an inspection of the residence on September 13, 2007 and observed numerous code violations, including a lack of plumbing, damaged walls, and mold throughout the dwelling. He stated that, during that inspection, the dwelling was condemned as unfit for human habitation. Mr. Hugg reviewed a presentation depicting the condition of the property (Exhibit #2). Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished by June 6, 2019 by the owner or equity owner at their own risk; 3) ordering 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) ordering the City Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 5 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. Mr. Hare informed members that he is very familiar with this property because it is in his neighborhood. He stated that during the winter people sneak in and, as a result, it is disgusting on the inside and smells when the weather gets hot. Mr. Hare noted that nothing had been done with the property in two (2) years. He indicated his support of staff’s recommendation. Responding to Mr. Anderson, Mr. Hugg stated that all of the notices were sent both certified and general mail. He advised that the property file included returned unaccepted copies of the general mail notifications, as well as certification information that they were received. He advised that the most recent notification was received on April 15, 2019 according to the certified mail receipt. Mr. Hugg informed members that the first inspection occurred in September 2017. He stated that the property was posted and a lien search was ordered in 2017. Mr. Hugg advised that it was ordered for immediate hearing as an emergency project, and first notice was sent by certified and regular mail to the owner on March 18th, and to lien holders and copied to the Clerk’s Office on April 11th. He noted that the property was photographed for the presentation and the PowerPoint was presented on May 2nd, and it was confirmed that there were no active permits on the property in April 2019. Mr. Hare stated that the lien holders, including the banks, had been advised and had not done anything. He noted that the sewer had been clogged and backed up for almost two (2) years. Mr. Slavin declared the public hearing open. Ms. Mary Conrad, 932 Shank Road, stated that she lives next door to the subject property. She informed members that it stinks in the summertime, and she is constantly fighting snakes and the vegetation, including vines which are growing all over her fence. Ms. Conrad informed members that the house is terrible and the back porch is falling off. She noted that there is junk in the yard and it is collecting water, which will soon be breeding mosquitoes. Ms. Conrad stated that she wants the house gone, explaining that it is decreasing her property value and the aesthetics of the whole neighborhood. She advised that the front of the house doesn’t look as bad because the bushes are hiding it; however, the front porch is full of junk and the front porch is also falling off and tilted toward the neighbors house. Ms. Conrad noted that the only reason there are not more grass violations is because her other neighbor mows the grass. She stated that she had lived there for 23 years and was tired of dealing it, noting that it had been 23 years of people in and out constantly, and people going onto her property uninvited and unwanted. Ms. Conrad advised that there had been crime associated with people that have lived there as well. She stated that she wanted the house gone, so someone could build a nice house and bring the property value up again. Mr. Hare noted that Ms. Conrad was probably speaking for approximately 15 families on that block. Mr. Slavin asked if there was anyone present who was in agreement with Ms. Conrad who did not want to speak, to stand or raise their hand so members could see the level of support. Mr. Slavin noted that five (5) individuals stood.

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 6 There being no one else present wishing to speak, Mr. Slavin declared the public hearing closed. Mr. Hare moved to accept staff’s recommendation, seconded by Mr. Neil. Mr. Anderson stated that he believed that the sewage and the plumbing situation created an imminent risk to public health, so he would support the motion without the demolish or repair stipulation. The motion to accept staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished by June 6, 2019 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 the 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 was unanimously carried. Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 6:47 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of May 6, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\05-06-2019 SPECIAL COUNCIL MEETING VDBO MINUTES.wpd Exhibits Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 33 South Queen Street Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 938 Shank Road

EXHIBIT #1 Special Council Meeting of 05/06/2019 Violation of Dangerous Building Ordinance 33 S Queen Street Planning & Inspections Department Dover, Delaware May 6, 2019

33 S Queen Street Case History  27 code enforcement cases since 2013  Numerous interior code violations found during the last housing inspection which was in 2013.  Tall grass and weeds, junk and debris in yard  Vehicles parked in the yard  The utilities were terminated on February 7, 2016  Registered as vacant by the city on March 17, 2015  Condemned as unfit for human occupancy on July 9, 2013

33 S Queen Street Outstanding Fees  City taxes due of $5,566.97  VBO Registration Fees $7,500.00  Water/Sewer/Utilities $1,528.2

33 S Queen Street Interior code violations  From the housing inspection that in 2013.  Replace door/repair holes in walls  Install window glass/light fixtures  Replace missing smoke detectors  Repair the hot water heater  Clean interior through-out

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (9) General Welfare. (10) Code Violations. (11) Unoccupied Buildings

Recommended Council Action  Declare this building and all accessory structures on this property dangerous.  Order the property demolished by June 6, 2019 by the owner or equity owner at their own risk.  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.  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.

EXHIBIT #2 Special Council Meeting of 05/06/2019 Violation of Dangerous Building Ordinance 938 Shank Road Planning & Inspections Department Dover, Delaware May 6, 2019

938 Shank Road Case History  22 code enforcement cases since 2000  Numerous grass violations  Vehicles parked in the yard – unregistered & disabled Junk and Debris stored in yard  Was being operated as a rooming house  The utilities were terminated on October 10, 2018  Registered as vacant by the city on October 10. 2018.  Condemned as unfit for human occupancy on September 13, 2017.

938 Shank Road Outstanding Fees  City Taxes $858.56  County Taxes $2,000.12  1st Year VBO Registration Fee $375.00  $50.00 in current grass citations

938 Shank Road Current Condition  Extreme water damage through-out the home. With damage to walls, floors, carpets, furniture.  There is damage to the main sewer lateral which caused the sewage to back into the home. No working plumbing.

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (9) General Welfare (10) Code Violations (11) Unoccupied Buildings

Recommended Council Action  Declare this building and all accessory structures on this property dangerous.  Order the property demolished by June 6, 2019 by the owner or equity owner at their own risk.  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.  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.