SPECIAL COUNCIL MINUTES - VDBO AND EXHIBITS 1-4

SPECIAL COUNCIL MEETING A Special Council Meeting was held on January 22, 2020 at 6:03 p.m. with Council President Hare presiding. Council members present were Mr. Neil, Mr. Slavin, Mr. Polce, Mr. Taylor (arrived at 6:08 p.m.), and Mr. Lindell. Mr. Anderson, Mr. Sudler, and Mr. Cole were absent. Mayor Christiansen was also present. Council staff members present were City Solicitor Rodriguez, Mr. Hugg, and Mrs. McDowell. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Slavin and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 115 NORTH KIRKWOOD STREET, OWNED BY JOE W. BURDEN, JR. A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 115 North Kirkwood Street, owned by Joe W. Burden, Jr. Mr. David Hugg, Director of Planning and Community Development, reviewed the background and analysis as follows: The property is a wood, one-story, single-family home. On May 9, 2016, the dwelling was registered as vacant by City Staff. On January 10, 2019 an exterior inspection was done by Code Enforcement Staff. The dwelling was condemned as unfit for human occupancy on October 1, 2019 due to the owner failing to make repairs. Currently the home is vacant with numerous outstanding code violations and no active utilities. On December 20, 2019 the owner obtained a permit for roof and siding. Additional permits will be required for interior renovations, plumbing, and windows. Mr. Hugg also 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 or repaired with a certificate of occupancy issued by March 25, 2020 by the owners or equity owners at their own risk; 3) ordering 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; and 4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged against the lands on which the buildings exist 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. Mr. Hugg advised that Mr. Burden initiated some work to try and repair this property and has indicated his desire to take the necessary actions to bring the building into compliance. He noted that they were finding in a number of properties, and this one in particular, that even though these properties have a history that goes back a number of years, building owners are willing to make a last ditch effort to save their buildings. Mr. Hugg stated that Mr. Burden did this on a property on Division Street not very long ago when Council allowed him a 90-day period to get the building to code compliance, which he did. He advised that Staff would be willing to accept a short period of time for Mr. Burden to complete his building permits if Council were so inclined.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 2 Mr. Polce, noting the number of times that this specific owner has appeared before Council regarding his dangerous buildings, stated that he would not be inclined to provide additional time. Mr. Slavin noted that the Staff recommendations listed on the agenda were contrary to those presented on the slides. He also stated that his issue was not with Mr. Burden in particular, although he seems to be someone who comes before them quite often, but it is with anyone who allows their property to come before them under the violations of dangerous building ordinance for Council action because it is beyond the 11th hour. Mr. Slavin noted that they have allowed people to have hundreds of opportunities to remediate the problem and do what every other citizen in this community does, which is keep their properties up. Mr. Slavin noted three concerns, as follows: • That they are giving people more time and allowing them to come right to the edge and giving them an audience in front of Council. The property owners come in and yell at Council or criticize them for being unfair and then Council backs down and gives them more time. • Any vote to delay the recommended action is a vote of no confidence in their own Inspections Department Staff, who are asked to go out and do very, very difficult work for the City. Council sometimes takes the recommendations, but sometimes they think they know better because they have turned past the property or looked at the pictures that are in the packets. • If Council members want to delay action on these properties there should be a motion that says they believe the residents of their districts should live in these conditions. Mayor Christiansen stated that he concurred with Councilman Slavin's remarks and advised that he asked the City Planner to develop a different process that removes the politics from the dangerous building ordinances, such as a board comprised of Staff and other professionals so that they are not politically engaged in whether these buildings rise or fall. Mr. Hugg noted that Staff recommended additional time in this particular case because there were active permits on this property. Otherwise, the amount of time given is 30 days. Mr. Taylor stated that he wanted to support both Staff and the property owner solely because there are active permits and due to the fact that there is a shortage of affordable housing in the City. However, they have encountered the same individual time and time again and this property should have been repaired a long time ago so he supports Staff in their recommendation to go forward. Council President Hare declared the public hearing open. Ms. Carmen Hardcastle, 121 North Kirkwood Street, advised that she lives right beside the property and it has been an issue and she has been advocating for it to be demolished. She noted that although nothing had been done, she supports Mr. Burden because he has been making repairs to the property in the last two weeks, including a new roof, carpets, and flooring.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 3 Ms. Seminel Abdullah, 203 North Kirkwood Street, advised that she lives across the street from the property and she was very pleased with the way it looks to the public side. She stated that Mr. Burden was doing a great job repairing the houses and that they look better than some of the houses on the street. Responding to Mr. Slavin, Ms. Hardcastle stated that she owns the property that she lives in and Ms. Abdullah stated that she rents from Sharon Mosley. There being no one else present wishing to speak, Council President Hare declared the public hearing closed. Mr. Neil clarified that if they approved Staff’s recommendation and the house was completed by March 25, 2020, it would not be demolished. Mr. Slavin moved to accept Staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired with certificate of occupancy issued by March 25, 2020 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 owner within 10 days of the date established by City Council; and 4) 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. The motion was seconded by Mr. Neil and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 726 SLAUGHTER STREET, OWNED BY JOE W. BURDEN, JR. A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 726 Slaughter Street, owned by Joe W. Burden, Jr. Mr. David Hugg, Director of Planning and Community Development, reviewed the background and analysis as follows: The property is a wood, one-story, single-family home. On August 5, 2019, the City's Fire Marshal's Office condemned the dwelling due to fire damage. Currently the home is vacant with no active utilities and there are no active permits. Mr. Hugg also 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 February 24, 2020 by the owners or equity owners at their own risk; 3) ordering 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; and 4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged against the lands on which the buildings exist 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.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 4 Responding to Mr. Polce, Mr. Ron Coburn, Acting Chief Code Enforcement Officer, stated that the fire occurred on August 2, 2019. Council President Hare declared the public hearing open. There being no one present wishing to speak, Council President Hare declared the public hearing closed. Mr. Slavin moved to accept staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished by February 24, 2020 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; and 4) 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. The motion was seconded by Mr. Neil and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 309 MACARTHUR DRIVE, OWNED BY BRITTANY A. WILLIAMS A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 309 MacArthur Drive, owned by Brittany A. Williams. Mr. David Hugg, Director of Planning and Community Development, reviewed the background and analysis as follows: The property is a wood, two-story, single-family home with a basement. On February 22, 2019, the dwelling was condemned by the City's Fire Marshal's Office due to fire. Currently the home is vacant with no active utilities. On January 7, 2020, a permit was applied for for residential renovations. Mr. Hugg also reviewed a presentation depicting the condition of the property (Exhibit #3). Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished or repaired by February 24, 2020 by the owners or equity owners at their own risk; 3) ordering 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; and 4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged against the lands on which the buildings exist 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. Council President Hare declared the public hearing open. Mr. Dallas Glass, 1638 Thicket Road, Wyoming, Delaware, advised that he was the contractor for the property owner, Ms. Brittany Williams. He noted that they had been in negotiations with the insurance companies since February 2019. Mr. Glass stated that the insurance company agreed a month ago to the overall scope of work which they had set forth and they have an agreed upon amount. He noted that they have submitted four permits with the City of Dover.

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 5 Mr. Glass stated that they had done some demolition in the house to determine the necessary repairs. He advised that only the top, from the roof down to the top plates of the first floor, required repair and that they have incorporated plans to bring the home up to the current code, which would include egress out of the basement, electrical upgrades and things of that nature. Mr. Slavin asked why there were no utilities at the property for the past four years. Responding, Ms. Williams advised that the utilities were not terminated until after the house fire in 2019. Ms. Kimmy Taylor Tolson, former address 309 MacArthur Drive, advised that she resided there at the time of the fire and the utilities were on. Ms. Williams advised that she had worked with three different insurance company adjusters and they have finally come to some sort of resolution within the last month. She noted that was the delay in addressing the structure. Responding to Mr. Neil, Ms. Williams stated that she had not contacted the City to let them know what was happening in regard to the property because she travels often for work and she was unaware. She advised that she had never experienced a house fire before and that she recently inherited the property and was not caught up on all of the ins and outs of different processes, especially a house fire. Mr. Taylor advised that he and Mr. Glass had done work together in the past and that they have a very good working relationship. He noted that Mr. Glass has been consistent with everything that he has said he was going do in the past, and he had no doubt that he would this time. Responding to Mr. Taylor, Mr. Glass stated that he had a signed contract to fix the property and that once they receive the permit from planning and are able to start work, it would be approximately six months from start to a certificate of occupancy. He advised that they had adequate funds to move forward and had ordered trusses and have Aztec from Clayton scheduled to do the asbestos removal. Mr. Glass stated that Mr. Mike McGregor of the Inspections Department had approved the building portion of the permit and he forwarded it to the Planning Department for review and approval. Mr. Ron Coburn, Acting Chief Code Enforcement Officer, advised that they were waiting for additional emergency egress information. He noted that it would probably take a week for Planning to sign off on the permit and then they would be able to issue the permit right away. Responding to Mayor Christiansen, Mr. Coburn stated that the damage to the building was probably close to 50% because they are required to bring it up to code. Responding to Mr. Slavin, Mr. Glass advised that the insurance funds had not yet been received; however, there is a signed agreement with the insurance company and a copy of the contract with the agreed upon amount was submitted to them two weeks ago. He assured members that his intention was not to wait for the funds, but to begin work as soon as they receive the permit. Mr. Slavin, noting the picture of the house with the blue tarp, asked what he was supposed to tell the two neighbors whose properties were also in the photograph and who have lived with this as their neighboring property for a year now. Responding, Mr. Glass noted that if they moved forward with

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 6 the demolition it would leave them with the building in its current dilapidated state even longer and then an empty lot longer than what it will take for them to rebuild the building as it currently sits. Ms. Williams clarified that she grew up in this house and had lived there since the early nineties and the neighbors were very familiar with her. Responding to Mr. Polce, Ms. Williams stated that she had recently spoken with a lawyer who advised her to contact the insurance commissioner's office. Mr. Polce stated that he would call the insurance commissioner the following day. There being no one else present wishing to speak, Council President Hare declared the public hearing closed. Responding to Mr. Slavin, Mr. Coburn advised that the permit would be considered active for six months without any activity on the site. If activity is going on it remains active. Mr. Slavin asked if Staff would be comfortable if Council were to give a six-month window. Mr. Dave Hugg, Director of Planning and Community Development, advised that they would. Responding to Mr. Lindell, Mr. Coburn advised that the City had received complaints from the neighbors regarding the length of time the property has remained in this condition. He noted that he explains that there had been turnover in staffing, along with illnesses and pregnancies, and that it was an oversight on Staff’s part. Mr. Lindell advised that they need to establish tight deadlines. Mr. Taylor moved to delay action for six months after the issuance of the permit and if there is no activity on the permit for the period of six months after the issuance, the matter will be brought back for consideration. The motion was seconded by Mr. Neil and unanimously carried. Mr. Hugg advised that they would be doing periodic inspections for the plumbing, electric, and trusses. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 749 OAK DRIVE, OWNED BY ALLEN AND CHRISTINE BARNHART A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 749 Oak Drive, owned by Allen and Christine Barnhart. Mr. David Hugg, Director of Planning and Community Development, reviewed the background and analysis as follows: The dwelling unit is a wood one-story single family home with basement. On November 1, 2019, the dwelling was condemned by the Fire Marshal's Office as unfit for human occupancy due to a collapsed basement wall. On September 23, 2019, it was registered as a vacant building. Currently the home is vacant, no permit has been applied for or issued to make the repairs to the exterior basement wall. Mr. Hugg also reviewed a presentation depicting the condition of the property (Exhibit #4).

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 7 Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished or repaired by February 24, 2020 by the owners or equity owners at their own risk; 3) ordering 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; and 4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of demolition to be charged against the lands on which the buildings exist 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. Mr. Taylor advised that he had been inside of this building and it was his opinion that it was beyond repair. He noted that the basement wall is totally collapsed in the rear and there is excessive mold. Mr. Taylor noted that it was caused by an act of nature and was not the fault of the homeowners. Council President Hare declared the public hearing open and, with no one present wishing to speak, the public hearing was closed. Mr. Taylor moved to accept staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished or repaired by February 24, 2020 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; and 4) 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. The motion was seconded by Mr. Neil and unanimously carried. Mr. Slavin moved for adjournment, seconded by Mr. Lindell and unanimously carried. Meeting adjourned at 7:01 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of January 22, 2020 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR

SPECIAL COUNCIL MEETING OF JANUARY 22, 2020 PAGE 8 /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\01-22-2020 SPECIAL COUNCIL MINUTES - VDBO.wpd Exhibits Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 115 North Kirkwood Street Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 726 Slaughter Street Exhibit #3 - Presentation - Violation of Dangerous Building Ordinance - 309 MacArthur Drive Exhibit #4 - Presentation - Violation of Dangerous Building Ordinance - 749 Oak Drive

EXHIBIT #1 Special Council Meeting of 01/22/2020 Violation of Dangerous Building Ordinance 115 N Kirkwood St Planning & Inspections Department Dover, Delaware January 22, 2020

115 N Kirkwood St Case History ➢ 26 code enforcement cases since 2015 ➢ Structural report requested January 01, 2019 ➢ Tall grass and weeds, junk and debris in yard ➢ Several reports of the dwelling being unsecured ➢ Complaints from neighbors of condition ➢ The utilities were terminated on November 26, 2014 ➢ Registered as vacant by the city on May 09, 2020 ➢ Condemned as unfit for human occupancy on October 01, 2019

115 N Kirkwood Street Code violations ➢ From the inspection that occurred in 2019. ➢ Provide Structural Report ➢ Replace roof ➢ Repair foundation wall ➢ Electrical inspection required/restore electric service ➢ Clean interior through-out

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 ⚫ (1) Leaning interior walls ⚫ (2) Damaged walls, etc. ⚫ (3) Loads on roofs ⚫ (5) Unfit for habitation ⚫ (6) Light, air, sanitation ⚫ (9) General welfare ⚫ (10) Code violations ⚫ (12) Unoccupied buildings

Recommended Council Action ⚫ Declare this building and all accessory structures on this property dangerous. ⚫ Order the property demolished or repaired with Certificate of Occupancy issued by March 25, 2020 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 01/22/2020 Violation of Dangerous Building Ordinance 726 Slaughter Street Planning & Inspections Department Dover, Delaware January 22, 2020

726 Slaughter Street Case History ➢ 12 code enforcement cases since 2015 ➢ Numerous interior code violations found during the last housing inspection which was in October 15, 2018. ➢ Tall grass and weeds ➢ The utilities were terminated on August 4, 2019 ➢ Registered as vacant by the city on December 4, 2019 ➢ Condemned as unfit for human occupancy on August 2, 2019

726 Slaughter Street Outstanding Fees ➢ VBO Registration Fees $375.00

This Structure is Declared Unsafe For Human Occu ancy or Use. It is Unlawful F to Use or Occupy This Building After otjaY,1 • Any Unauthorized Person Removing This Sign WILL BE PROSECUTED fl't .B'-"'' ,Je ti I Code 2009IPMC Art. 108 Sec. 108 .1, 1 </•l •/f Dote Refer to Ordinance No. .. VII SECTION 22 221

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (4) Fire damage, etc. (5) Unfit for habitation. (9) General welfare. (10) Code violations. (12) Unoccupied buildings.

Recommended Council Action ⚫ Declare this building and all accessory structures on this property dangerous. ⚫ Order the property demolished by February 24, 2020 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 #3 Special Council Meeting of 01/22/2020 Violation of Dangerous Building Ordinance 309 MacArthur Drive Planning & Inspections Department Dover, Delaware January 22, 2020

309 MacArthur Drive Case History ➢ 7 code enforcement cases in 2019 ➢ Tall grass and weeds ➢ Unregistered vehicle ➢ The utilities were terminated on February 7, 2016 ➢ Registered as vacant by the city on August 12, 2019 ➢ Condemned as unfit for human occupancy on February 22, 2019

309 MacArthur Drive Outstanding Fees ⚫ Grass Citation $100.00 ⚫ Water/Sewer/Utilities $355.73

309 MacArthur Drive Code violations ➢ Building is condemned as unit for human occupancy due to fire damage

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (4) Fire damage, etc. (5) Unfit for habitation (6) Light, air, sanitation (9) General welfare (10) Code Violations (12) Unoccupied Buildings

Recommended Council Action ⚫ Declare this building and all accessory structures on this property dangerous. ⚫ Order the property demolished by February 24, 2020 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 #4 Special Council Meeting of 01/22/2020 VIOLATION OF DANGEROUS BUILDING ORDINNACE 749 Oak Drive Planning & Inspections Department Dover, Delaware January 22, 2020

749 Oak Drive Case History ➢ 4 code enforcement cases since 2018 ➢ Condemnation ➢ Vacant Building ➢ The utilities were terminated on November 2, 2018 ➢ Registered as vacant by the city on September 23, 2019 ➢ Condemned as unfit for human occupancy on November 1, 2019

749 Oak Drive Exterior code violations ➢ Structural report required; repairs made in accordance to report ➢ Repair windowpanes ➢ Repair foundation wall ➢ Obtain building permit and all required inspections for the repairs

DANG This Structu~ is D clar d Unsaf For Human Occupancy or U . It is Unlawful For Any P rson to U or cupy Thi Building After I I I

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Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (2) Damaged walls, etc. (5) Unfit for habitation. (9) General welfare. (10) Code violations. (12) Unoccupied buildings.

Recommended Council Action ⚫ Declare this building and all accessory structures on this property dangerous. ⚫ Order the property demolished or repaired by February 24, 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.