SPECIAL COUNCIL - VDBO PACKET

SPECIAL COUNCIL MEETING AGENDA NOVEMBER 5, 2019 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA - DOVER, DELAWARE THIS AGENDA WAS POSTED WITH LESS THAN SEVEN (7) DAYS NOTICE DUE TO THE URGENCY OF THE SITUATION REQUIRING CONSIDERATION. ADOPTION OF AGENDA 1. VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 304 SOUTH STATE STREET, OWNED BY JAMES P. HYLIND (EMERGENCY CASE) (STAFF RECOMMENDS: 1) DECLARING THIS PROPERTY DANGEROUS; 2) ORDERING THE PROPERTY REPAIRED SO THAT IT IS DEEMED SAFE BY THE BUILDING OFFICIAL BY NOVEMBER 15, 2019 BY THE OWNERS OR EQUITY OWNERS AT THEIR OWN RISK; 3) ORDERING THE BUILDING INSPECTOR TO CAUSE THE REPAIRS SO THAT IT IS DEEMED SAFE BY THE BUILDING OFFICIAL 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 REPAIRS TO BE CHARGED AGAINST THE LANDS ON WHICH THE BUILDING EXISTS AS A MUNICIPAL LIEN OR CAUSE SUCH COSTS 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.) 2. ADJOURNMENT /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2019\11-05-2019 SPECIAL COUNCIL - VDBO.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: Special Council Meeting DEPARTMENT OF ORIGIN: Planning DATE SUBMITTED: Nov 1, 2019 PREPARED BY: David Hugg and Jason Osika SUBJECT: Emergency Order Dangerous Building REFERENCE: Dover Code, Chapter 22, Article XI, Sec.22-388 RELATED PROJECT: N/A REVIEWED BY: David Hugg EXHIBITS: Power Point (Prepared by Jason Osika, Fire Marshal) EXPENDITURE REQUIRED: AMOUNT BUDGETED: FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: November 5, 2019 Special Council Meeting STAFF RECOMMENDATION: Council Request to Order Repair or Demolition • Declare this building dangerous • Order the property repaired so that it is deemed safe by the Building Official by November 15, 2019 by the owner or equity owner at their own risk • Order the Building Inspector to cause repairs of the structure so that it is deemed safe by the Building official 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 repairs 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 SPONSORS: BACKGROUND AND ANALYSIS On October 20, 2019 at 18:12 hours the Fire Marshal was contacted by Dover Fire Department after they responded to 304 S. State Street for a structural collapse with a subject possibly trapped. The Fire Marshal observed damage to the building including damage to the first floor overhang, a section of the second floor wall which had collapsed, facia which was hanging, large cracks above the third floor and at the parapet wall, and the front of the building bowing.The building was condemned on October 20, 2019. State Street was closed between North Street and the Green due to concerns of the building collapsing more. Contact was made by the Fire Marshal, Building Inspector and Code Enforcement officer with the owner, an engineer and contractor (both hired by the owner) to discuss plans to stabilize the building and evaluate what was needed to make the building safe. Per Dover Code, “Iin cases where it reasonably appears that there is immediate danger to the life or safety of any person, unless a dangerous building is immediately repaired, vacate and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building.” (Chapter 22, Article XI, Sec. 22-388).