SPECIAL COUNCIL-VODB PACKET

Special Council Meeting Agenda January 22, 2020 - 6:00 p.m. City Hall Council Chambers 15 Loockerman Plaza - Dover, Delaware Adoption of Agenda 1. Public Hearings - Violations of the Dangerous Building Ordinance (Staff recommends: 1) Declaring these buildings and all accessory structures on these properties dangerous; 2) Ordering the properties demolished by February 22, 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 municipal liens or cause such costs to be added to the tax duplicate as assessments, or to be levied as a special tax, or to be recovered in a suit at law against the owners.) A. Property Located at 115 North Kirkwood Street, owned by Joe W. Burden, Jr. B. Property Located at 726 Slaughter Street, owned by Joe W. Burden, Jr. C. Property Located at 309 MacArthur Drive, owned by Brittany A. Williams D. Property Located at 749 Oak Drive, owned by Allen and Christine Barnhart 2. Adjournment /tm S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Agendas\2020\01-22-2020 SPECIAL COUNCIL-Violations of Dangerous Building Ordinance.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: City Council DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 01-10-2020 PREPARED BY: Dave Hugg, Director of Planning & Community Development SUBJECT: , Dover, Delaware- Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI - Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22, Article XI - Dangerous Buildings Cases #16-1247 & 19-0116 RELATED PROJECT: NIA APPROVALS: NIA EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $25,000 - $30,000. AMOUNT BUDGETED: $175.000.00 Budgeted for all demolitions Citywide in the FY-2020 Budget; As of January 10, 2020, there is $111,627.92 remaining in the line item. FUNDING SOURCE (Dept./Page in CIP & Budget): 100-1 l-16-20-000-53033. TIMETABLE:As soon as possible. RECOMMENDED ACTION: 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, 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 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. BACKGROUND AND ANALYSIS The property at 115 N Kirkwood Street is owned by Joe W Burden Jr. The property is a wood on story single family home. On May 09, 2016, the dwelling was registered as vacant by City Staff. On January 10, 2019 and exterior inspection was done by Code Enfocement 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 has obtained a permit for roof and siding . Additional permits will be required for interior renovations, plumbing and windows.

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.

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 01-10-2020 PREPARED BY: Dave Hugg, Director of Planning & Community Development SUBJECT: , Dover, Delaware - Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI - Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22, Article XI - Dangerous Buildings Cases #19-3356 & 19-3328 RELATED PROJECT: NIA APPROVALS: N/A EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $25,000 - $30,000. AMOUNT BUDGETED: $175.000.00 Budgeted for all demolitions Citywide in the FY-2020 Budget; As of January 10, 20202, there is $111,627.92 remaining in the line item. FUNDING SOURCE (Dept./Page in CIP & Budget): 100-11-16-20-000-53033. TIMETABLE:As soon as possible. RECOMMENDED ACTION: 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 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 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. BACKGROUND AND ANALYSIS The property at 726 Slaughter Street is owned by Joe W Burden Jr. The property is a wood one story single family home. On August 05, 2019, the City's Fire Marshal's Office Condemned the dwelling due to fire damage. Currently the home is vacant with with no active utilities. There are no active permits.

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.

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 01-10-2020 PREPARED BY: Dave Hugg, Director of Planning & Community Development SUBJECT: , Dover, Delaware- Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI - Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22, Article XI - Dangerous Buildings Cases #19-3483, 19-2087 & 19-0492 RELATED PROJECT: NIA APPROVALS: NIA EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $35, 000 - $45,000. AMOUNT BUDGETED: $175.000.00 Budgeted for all demolitions Citywide in the FY-2020 Budget; As of January 10, 2020, there is $111,627.92 remaining in the line item. FUNDING SOURCE (Dept./Page in CIP & Budget): 100-11-16-20-000-53033. TIMETABLE:As soon as possible. RECOMMENDED ACTION: 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 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 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. BACKGROUND AND ANALYSIS The property at 309 MacArthur Drive is owned by Brittany A Williams. The property is a wood two story single family home with 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 residential renovations.

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.

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Planning & Inspections DATE SUBMITTED: 01-10-2020 PREPARED BY: Dave Hugg, Director of Planning & Community Development SUBJECT: , Dover, Delaware - Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI - Dangerous Buildings, Sec. 22-385 - Hearing before Council and Chapter 22, Article XI - Dangerous Buildings Cases #18-3189, 19-2838, 19-3235 RELATED PROJECT: NIA APPROVALS: NI A EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $35,000 - $40,000. AMOUNT BUDGETED: $175.000.00 Budgeted for all demolitions Citywide in the FY-2020 Budget; As of January 10,2020, there is $111,627.92 remaining in the line item. FUNDING SOURCE (Dept./Page in CIP & Budget): 100-l 1-16-20-000-53033. TIMETABLE:As soon as possible. RECOMMENDED ACTION: 1. Declare this building and all accessory structures on this property dangerous. 2. Order the property demolished or repaired by February 24, 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 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 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. BACKGROUND AND ANALYSIS The property at 749 Oak Drive is owned by Allen Barnhart & Christine Barhart. 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.

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

,!. .. ··.~ ~ /.c. :':;: ,. ·' .,. ., , . ..,! .\.·. --....- ·---4·- - I ,I ' j :) 1

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.