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Construction and Property Maintenance
Code Board of Appeals
Agenda
February 26, 2020 - 4:00 p.m.
City Hall Conference Room
15 Loockerman Plaza, Dover, Delaware
Adoption of Agenda
1. Property Maintenance Code Citation (Chapter 22 - Buildings and Building Regulations, Article
VII - Property Maintenance Code, Section 22-221) - Appeal of Decision - Annual Housing
Inspection - 1001 White Oak Road, B31 (Joni Monk)
2. Adjournment
/jt
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Agendas\CPMCBA\2020\02-26-2020 CPMCBOA AGENDA.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.
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Chapter 22 - BUILDINGS AND BUILDING REGULATIONS
Footnotes:
--- (1) ---
Charter reference— Power to provide for fire protection, subpart A, § 20; power of city to regulate buildings, subpart A, § 22.
State Law reference— Buildings and plumbing, 16 Del. C. § 7501 et seq.
ARTICLE I. - IN GENERAL
Sec. 22-1. - Construction and property maintenance code board of appeals.
(a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property
maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and
the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local
real estate industry association. Members shall serve one-year terms unless sooner removed. All appointments are subject to
confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of
appeals shall elect one of its members as chairperson.
(b) Appeals . Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is
the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed,
in writing, within 30 days after the determination by the building inspector.
(c) Notice; hearing . Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time
and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the
hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the
construction and property maintenance code board of appeals shall be final in all cases.
(Code 1981, § 5-3; Ord. of 4-25-1994; Ord. No. 2016-19 , 8-22-2016)
Sec. 22-2. - Housing authority created; purpose.
Created; purpose. There shall be a housing authority as provided in 31 Del. C.
(Ord. of 4-10-2006(1))
Secs. 22-3—22-30. - Reserved.
ARTICLE II. - BUILDING INSPECTOR
Sec. 22-31. - O ce created; appointment.
There is hereby created the office of building inspector. The building inspector shall be selected by the city council during its annual meeting.
(Code 1968, § 2-75; Code 1981, § 5-1)
Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22.
Sec. 22-32. - Additional powers and authority.
Along with other powers and authority granted to the building inspector in this chapter, including the codes adopted herein, the building
inspector shall have the following powers and authority:
(1) Temporary certificates of occupancy. The building inspector shall have authority to issue temporary certificates of occupancy
for buildings and structures which do not comply with the codes, upon the terms and conditions as set forth in this section.
(2) Affidavit to complete work. In the event that the owner and builder of a structure are in agreement that certain items, such as
grading, seeding, soil stabilization, and other similar work, cannot be completed because of the weather or the season, but that
these items can be completed by the builder after a temporary certificate of occupancy is granted, and the owner takes
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possession of the property, then the building inspector may grant a temporary certificate of occupancy, conditioned upon the
builder executing an affidavit agreeing to complete the necessary items specified therein, within a time period specified
therein, with sanctions to be imposed by the building inspector for noncompliance by the builder, to include, but not to be
limited to, revocation of the temporary certificate of occupancy, refusal to issue to the builder further building permits on
other parcels, and such other administrative action as the building inspector may deem appropriate.
(3) Hardship. Upon adequate hardship being shown to the building inspector and upon agreement of all parties, including the
owner or equitable owner and the builder, the building inspector may issue temporary certificates of occupancy for buildings
and structures where any work of a minor nature is required in the future to comply with the codes, provided that all parties
sign an agreement to this effect and the builder executes an affidavit, with the conditions and stipulations provided in
subsection (2) of this section, agreeing to the imposition of sanctions for noncompliance to be imposed by the building
inspector.
(4) Agreements and affidavits for granting certificates. The building inspector shall prepare uniform agreements and affidavits to
be used in granting temporary certificates of occupancy as stated herein.
(5) The building inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at
any reasonable hour, as necessary, in the execution of their duties.
a. The building inspector shall notify the owner and tenant before conducting any inspection.
b. The building inspector or his duly authorized assistants shall display identification signed by the city manager upon
commencing an inspection.
c. Inspections shall be commenced in the presence of the owner, or his representative or tenant.
(Code 1981, § 5-2; Ord. of 5-13-1991; Ord. of 4-14-2008)
Secs. 22-33—22-60. - Reserved.
ARTICLE III. - BUILDING CODE
Sec. 22-61. - Adopted.
(a) International Building Code adopted. Certain documents, three copies of which are on file in the licensing and permitting office of
the city, being marked and designated as "The International Building Code, 2009 Edition" as published by the International Code
Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and
structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International
Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions,
insertions, deletions and changes as follows:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
105.2 Work exempt from permit.
Building:
1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that
the floor area does not exceed 120 square feet.
2. Oil derricks.
3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or
story below.
4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.
5. Temporary motion picture, television and theater stage sets and scenery.
6. Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not
designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely
above ground.
7. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems.
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8. Swings and other playground equipment accessory to a one or two-family dwelling. Window awnings supported by an e
project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and
9. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.
Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end of the section: "and does not exceed the 3
year time limit as stated in 105.5.2."; and insert the following subsections:
105.5.1. Time limitation of permit. A permit for any activity for which a permit is required shall be valid for 180 days from the date of
issuance. One 180-day extension may be granted without additional charge to the permit holder. Additional 180-day extensions may be
granted with payment of a renewal fee as specified in Appendix F: Fees and Fines.
105.5.2. Completion of construction. All construction for which a building permit is required must be completed and pass final
inspection within three (3) years after issuance of the building permit. If not completed within three (3) years, a new building permit must
be obtained and any associated fees paid incurred by the previous submission.
SECTION 107 SUBMITTAL DOCUMENTS
107.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other
data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of
architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design
professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name,
address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered
design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the
State of Delaware." in place of "Submittal documents consisting of construction documents, statement of special inspections, geotechnical
report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a
registered design professional where required by the statues of the jurisdiction in which the project is to be constructed."
Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance with the schedule as established by the
applicable governing authority". New construction valuation will be confirmed using the most current ICC valuation chart information unless
otherwise approved by the authority having jurisdiction.
SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations, Article I—In General, Sec. 22-1 Construction and
property maintenance code board of appeals.
Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof
or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the
building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be
guilty of a misdemeanor, punishable by a fine as provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such
fine and imprisonment. Each day that a violation continues shall be deemed a separate offense.
Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after having been served with a stop work order,
except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this
section and shall be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall not receive warnings and shall instead be
subject to progressively increasing fines as provided for in Appendix F—Fees and Fines. Each day that a violation continues shall be deemed a
separate offense." in place of: "Any person who shall continue any work after having been served with a stop work order, except such work as
that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law."
Section 1612.3. Flood Insurance Study for the City of Dover, dated July 7, 2014, or as subsequently amended or revised.
Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation
plus 18 inches, whichever is higher.
Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED
THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION].
(b) International Residential Code Adopted. That certain document, three copies of which are on file in the licensing and permitting
office in the city, being marked and designated as the International Residential Code 2009 edition, as published by the International
Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection,
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installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing
and electrical systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the
regulations, provisions, conditions and terms of such International Residential Code, as referenced in the building code adopted in
subsection (a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made
a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200". Delete numbers 2 through 5 in their entirety. Replace
number 7 with the following: "Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not
designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground.
SECTION R106 CONSTRUCTION DOCUMENTS
R106.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and
other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2
sets and as defined by the professional registration laws of the State of Delaware and be prepared by a registered design professional
consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and
license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design
professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of
Delaware." in place of "shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the
project is to be constructed". Where special conditions exist, the building official is authorized to require additional construction documents as
described here.
Exception: The building official is authorized to waive the submission of construction documents and other data not required to be
prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents
is not necessary to obtain compliance with this code.
SECTION R108 FEES
R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in accordance with the schedule as established by
the applicable governing authority".
SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction
and property maintenance code board of appeals.
SECTION R113 VIOLATIONS
Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation Penalties" in place of "Any person who violates a
provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or
structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under
the provisions of this code, shall be subject to penalties as prescribed by law."
SECTION R114 STOP WORK ORDER
Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building Code, Section 114.3 Unlawful continuance" in
place of "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed
to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law."
TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
Ground Wind Design Seismic Subject to Damage From Winter Ice Flood Air Mean
Snow Design Design Barrier Hazards
g
Freezing Annual
Speed Topo- Weathering Frost Termite c
Load d Category
f
a Temp
e
Under- Index i Temperature
j
(mph) graphic line
layment
e ects Depth
k b Required
h
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25 95 NO A Severe 24" Moderate 14° NO Adopted 450 55°
gust To Heavy in
77 Chapter
fastest 50 of
the
Code of
the City
of
Dover
Table R301.2(1), footnote (g): September 16, 1982, Flood Insurance Study for Kent County and Incorporated Areas, dated July 7, 2014, or as
subsequently amended or revised.
Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following at the end of footnote "c": Calculations demonstrating
compliance with the minimum live load shall be provided by a registered design professional for stairs and fire escapes that do not have
additional "stringer" or "carriage" support located and equally distributed in the middle section of the stair width.
SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS —Delete this section in its entirety.
R322.2.1 Elevation requirements.
1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to
or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher.
2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or
above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher.
3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated
at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 18 inches or at
least 3.5 feet if a depth number is not specified.
4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 18 inches or
the design flood elevation, whichever is higher.
Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet
the requirements of Section R322.2.2.
CHAPTER 4 FOUNDATIONS
SECTION R403 FOOTINGS
R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The
nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing
width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for concrete and masonry footings shall be as set
forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table
401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the
thickness of the footing." Insert ", but in all cases shall be a minimum of 24 inches × 24 inches × 12 inches deep." at the end of the following
sentence: "The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance
with Table 401.4.1."
R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement.
Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15" overlap; pier footings with a minimum of two
#4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions.
R403.1.3 Seismic reinforcing. Delete in its entirety.
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R403.1.4 Minimum Depth. Insert "24" in place of "12".
Amend R403.1.4.1 Frost protection—Exceptions to read:
1. Frost Protection of freestanding residential accessory/utility structures with an area of 240 square feet or less and an
eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be frost protected.
Freestanding accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie-downs or equivalent
manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors
attached in the center of each side unless frost protection applies as stated herein. All accessory/utility structures greater
than 240 square feet, all pole buildings and all garages shall have frost protection (footings).
2. Decks not supported by a dwelling shall also be provided with footings that extend below the frost line. Single story
supported in part by a dwelling and with 4" × 4" posts shall have footings that are a minimum of 8 inches in diameter;
with 6" × 6" posts a minimum of 12" diameter is required; the bottom of all such footings shall be a minimum of 24"
below finished grade and be at least 6" deep.
Footings shall not bear on frozen soil unless such frozen condition is of a permanent character.
(c) The ICC Performance Code for Buildings and Facilities. That certain documents, three copies of which are on file in the licensing and
permitting office of the city, being marked and designated as "The ICC Performance Code for Buildings and Facilities 2009 Edition" as
published by the International Code Council be and is hereby adopted as the Performance Code of the City of Dover in the State of
Delaware for regulating and governing the performance-based design, construction, quality of materials, erection, installation,
alteration, repair, location, relocation, replacement, addition to, use or maintenance of building and/or fire protection systems in the
city.
(d) The International Existing Building Code. That certain documents, three copies of which are on file in the licensing and permitting
office of the city, being marked and designated as "The International Existing Building Code 2009 Edition" as published by the
International Code Council be and is hereby adopted as the Existing Building Code of the City of Dover in the State of Delaware for
regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic
buildings, as herein provided.
(e) The International Energy Conservation Code. That certain documents, three copies of which are on file in the licensing and
permitting office of the city, being marked and designated as "The International Energy Conservation Code 2009 Edition" as
published by the International Code Council be and is hereby adopted as the Energy Conservation Code of the City of Dover in the
State of Delaware for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical,
lighting and power systems as herein provided.
(Code 1968, § 9-1; Code 1981, § 5-16; Ord. of 4-9-1984, § 1; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 9-11-1995; Ord. of 1-27-1997; Ord. of 3-13-
2000; Ord. of 4-11-2005(2); Ord. of 4-11-2005(3); Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2010-02, 5-10-2010; Ord. No. 2014-09, 6-
9-2014 ; Ord. No. 2016-19 , 8-22-2016)
Sec. 22-62. - De nitions.
(a) Whenever the term "municipality" or "city" is used in the publications adopted by reference in this article, it shall be construed to
mean the City of Dover, Delaware.
(b) Whenever the term "corporation council" or "city attorney" is used in the publications adopted by reference in this article, it shall be
construed to mean the city solicitor.
(c) Whenever in the publications adopted by reference in this article a term is used which is also defined in the city's zoning ordinance
as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B.
(Code 1968, § 9-3; Code 1981, § 5-17)
Sec. 22-63. - Con icting provisions.
In the event of any conflict between the provisions of the publications adopted by reference in this article and applicable provisions of state
law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall
prevail and be controlling.
(Code 1981, § 5-18)
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Sec. 22-64. - Enforcement.
The building inspector shall enforce the provisions of this article.
(Code 1968, § 2-75; Code 1981, § 5-19)
Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22.
Sec. 22-65. - Permit fees.
(a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools, demolitions, moving, or construction plan
reviews, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines.
(b) Reinspections. There will be no charge for the first reinspection of a permit. For subsequent reinspections the applicant shall pay a
fee as provided for in Appendix F.
(c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving permits shall double in the event that a permit is
applied for after construction has commenced without the permission of the building inspector. The building inspector may waive
the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by
a professional contractor.
(Code 1981, § 5-21; Ord. of 6-28-1982, § 1; Ord. of 4-13-1987; Ord. of 11-22-1993; Ord. of 4-25-1994; Ord. of 9-11-1995; Ord. of 6-28-2004(2); Ord.
No. 2009-09, 6-22-2009)
Secs. 22-66—22-100. - Reserved.
ARTICLE IV. - ELECTRICAL INSTALLATIONS
Footnotes:
--- (2) ---
Charter reference— Power of city to regulate use of electric current furnished by city, subpart A, § 25.
Sec. 22-101. - Electrical code adopted.
(a) Copies filed; effect. There is hereby adopted by reference, for the purpose of establishing rules and regulations for the installation,
renewal, extension, and reception of electric wiring and electric apparatus in existing buildings, structures or outdoor electrical
displays or signs, that certain code known as the "National Electrical Code," as recommended by the National Fire Protection
Association, and the same is hereby adopted and incorporated as fully as if set out at length herein, and shall be controlling for all
electrical wiring and apparatus in buildings, structures, or outdoor electrical displays, or signs within the city.
(b) Violations. It shall be unlawful for any person to violate any of the provisions of the code adopted in subsection (a) of this section.
(Ord. of 10-23-1972, § 1; Code 1981, § 5-31; Ord. of 3-11-1991; Ord. of 4-11-2005(3))
Sec. 22-102. - Enforcement and inspections generally.
The publication adopted by reference in this article shall be enforced by the office of the building inspector. The building inspector shall, upon
the installation, renewal, extension and reception of any electric wiring and electric apparatus pursuant to this article, cause an inspection or
inspections to be made by himself or his duly authorized agents, to determine that the electrical work conforms with the provisions of this article
of the city and the statutes of the state.
(Ord. of 10-23-1972, § 2; Code 1981, § 5-32)
Charter reference— Power of the city to appoint building inspector and prescribe his powers and duties, subpart A, § 22.
Sec. 22-103. - Approved materials, ttings, and devices.
Only the materials, fittings and devices enumerated in the listings of Underwriters' Laboratories, Inc., or approved by the inspection authority,
as revised from time to time, shall be used in the electrical work regulated by this article.
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(Ord. of 10-23-1972, § 7; Code 1981, § 5-33)
Sec. 22-104. - Emergency shuto switch required for certain appliances.
Whenever an application for inspection is required under the terms of this article for electrical wiring and apparatus to be done in connection
with a gas or oil burner installation in any existing building or structure or in the construction, reconstruction, alteration or repair of buildings or
structures, there shall be installed an emergency shutoff switch, with a red plate thereon marked "oil burner" or "gas burner," as the case may be,
at the entrance to the basement or heating room.
(Ord. of 10-23-1972, § 8; Code 1981, § 5-34)
Sec. 22-105. - Application for inspection.
(a) Required. No person shall install, receive, renew or extend electrical wires or conductors to be used for the transmission of electric
current for electric light, heat or power purposes in existing buildings, structures or outdoor electrical displays or signs, or in the
construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs, without first applying
for an application for inspection to do so pursuant to the provisions of this article.
(b) Addressee. All such applications for inspection shall be made to the building inspector or, in lieu thereof, to the city's authorized
inspection agency, hereinafter referred to as that agency specializing in such inspections, as determined and approved by the
building inspector.
(c) Form; contents. Such application form shall contain questions designed to elicit information to determine whether or not said
proposed electrical wiring and electrical apparatus complies with all ordinances of the city or laws of the state.
(d) Fee. Each such application form shall be accompanied by a fee as prescribed by this article.
(e) Proof to building inspector. The city's authorized inspection agency shall furnish to such building inspector proof, in writing, that an
application for inspection of the proposed electrical wiring and electrical apparatus has been made to such agency to determine
that the electrical work conforms with the provisions of this article. The payment of all inspection fees and charge of such agency
shall be borne by the applicant.
(f) Inspection of premises. Each applicant for inspection shall cause the premises covered by the application to be open for inspection
to the building inspector and his agents and the representative or representatives of the city's authorized inspection agency at all
reasonable times.
(g) Certificate of approval. Upon determination by the building inspector or any authorized inspection organization that the proposed
electrical wiring and electrical apparatus comply with the National Electrical Code adopted in this article and the provisions of this
article and the provisions of the city ordinances and the laws of the state, a certificate of approval shall be issued forthwith.
(h) Expiration. All applications for inspections shall expire at the expiration of one year from the date of issuance by the building
inspector or the city's authorized inspection agency.
(i) False information. Any person making any false answer to any of the questions or items set forth in such application form shall
forthwith forfeit and surrender any application issued pursuant thereto.
(Ord. of 10-23-1972, § 3; Code 1981, § 5-35)
Sec. 22-106. - Inspection of work under application.
(a) Purpose; concealed wiring. All inspections shall be made to ensure that the proposed electrical work complies with the provisions of
this article. No electric wiring shall be concealed unless inspected and approved by the building inspector or his agents and the
representative of the city's authorized inspection agency, but such inspection or reinspection shall be made within a reasonable
time after notice of the completion of the electrical work sought to be inspected for approval. A duplicate record of each written
approval made by the city's authorized inspection agency shall be filed with the building inspector.
(b) Decisions by building inspector. All decisions made to determine whether or not the proposed electrical work complies with the
provisions of the National Electrical Code shall be made by the building inspector.
(c) Stop work orders. The building inspector shall have the power to stop electrical work and order the removal thereof when he
determines that such work is being installed not in conformity with all ordinances and the laws of the state.
(d) Waiver of inspection. The building inspector may waive his inspection of all or that portion of the proposed electrical work for which
he shall have received a duplicate record of approval by the city's authorized inspection agency that it complies with the provisions
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of this article. The building inspector shall be informed of all violations not corrected within 15 days of notification to the contractor
by the city's authorized inspection agency.
(Ord. of 10-23-1972, § 4; Code 1981, § 5-36)
Sec. 22-107. - Inspection of existing wiring and apparatus.
(a) Required. In order to safeguard persons and property against the hazards and perils incident to defective electric wiring and
apparatus that are or may now be in existence within the city, the building inspector is hereby given the duty to inspect with his
agents and the representative of the city's authorized inspection agency, when requested by proper authority, or when public
interest so requires, any premises within the city at reasonable times to ensure that the existing electric wiring system and
apparatus is not defective and unsafe.
(b) Decisions by building inspector. All decisions that the existing electric wiring system and apparatus is defective shall be made by the
building inspector, in writing, on notice to the owner of the premises served forthwith personally or by regular mail addressed to the
address as shown on the latest tax records, with reasons for his decision.
(c) Corrections. Upon the building inspector's decision that the existing electric wiring system is defective and unsafe as aforesaid, the
system or portions of the system which are defective and unsafe shall be discontinued until it is corrected and made to comply with
the provisions of this article.
(Ord. of 10-23-1972, § 5; Code 1981, § 5-37)
Sec. 22-108. - Permit exemptions.
(a) Enumerated. No permit shall be required under this article for the following electrical work:
(1) Minor repairs. Any minor repair work, such as the replacement of lamps and fuses;
(2) Utility companies. Any electric light or power company, electric railway company, steam railway company, diesel railway
company, or telegraph or telephone company, and any person performing the electrical work of any such company, when such
work is a part of the plant or services used by the company in rendering its authorized service to the public;
(3) Employees on the premises. Any person employed by any other person to repair and maintain or to supervise the repair and
maintenance of any electrical equipment on the premises and buildings of the employer;
(4) Home installations. Any person who installs his own electrical work, service or equipment in or about his own home and not
for sale, except that such person shall be required to file an application for inspection with the proper electrical inspection
authority;
(5) Supervised employees. Any employee of any person engaged in the performance of electrical work while under the supervision
of any master electrician, or general master electrician limited;
(6) Agricultural property. Property used exclusively for agricultural purposes, except for the necessity to file for an application for
an inspection certificate with the authorized inspection authority where new installations are involved;
(7) Electrical engineers. Any manufacturing or industrial establishment retaining in its own employment a professional electrical
engineer with at least ten years' experience in planning and design. Such engineer may inspect the plant's additional electrical
installations if the said industrial plant files with the state board of electrical examiners and the building inspector the name of
the electrical engineer that would be responsible for such electrical inspection and files with the board of electrical examiners
and the building inspector a letter stating that all additional electrical installations meet the minimum standards of the
National Electrical Code once a year.
(b) Insertion of devices, appliances. Nothing in this article shall be construed so as to forbid the insertion in electrical circuits by
unlicensed persons of devices or appliances which are properly designed for such insertion and for which proper wiring and
insertion devices are installed.
(c) Heating, etc. Nothing in this article shall be so construed as to restrict anyone from servicing equipment in the fields of heating, air
conditioning, refrigeration, or appliances.
(Ord. of 10-23-1972, § 10; Code 1981, § 5-38)
Sec. 22-109. - Permit fees.
(a) No fee. There shall be no fee for permits or renewals thereof by the building inspector as may be required by this article.
(b) Applications for inspections. Fees for applications for inspections issued by the city's authorized inspection agency, as may be
Page 11
required of this article, shall be as determined by said agency and approved by the building inspector.
(Ord. of 10-23-1972, § 11; Code 1981, § 5-39)
Sec. 22-110. - Violations.
Any person who shall violate any of the provisions of this article or fail to comply therewith, or who shall violate or fail to comply with any order
made thereunder, or who shall do or cause to be done electrical work in violation of any detailed statement, or specifications or plans submitted
and approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with
such an order as affirmed or modified by the building inspector within the time fixed therein, shall, severally for each and every such violation and
noncompliance respectively, be punished as provided for in Appendix F—Fees and Fines. The imposition of one penalty for any violation shall not
excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a
reasonable time.
(Ord. of 10-23-1972, § 12; Code 1981, § 5-40; Ord. No. 2009-09, 6-22-2009)
Sec. 22-111. - Modi cations.
The building inspector shall have the power to modify any of the provisions of this article, upon application, in writing, by the owner of a
premises or his agent, when there are practical difficulties in the way of carrying out the strict letter of this article, provided that the spirit of this
article shall be observed, public safety secured, and substantial justice done.
(Ord. of 10-23-1972, § 9; Code 1981, § 5-41)
Sec. 22-112. - Appeals.
(a) Demand for hearing. Every applicant and owner of a premises and other parties in interest shall have the right to demand, in
writing, a hearing before the board of adjustment to contest any decision or order made by the building inspector pursuant to this
article. Such demand for a hearing shall be signed by the contesting party, stating what portions of the building inspector's decision
or orders are contested and his interest in the premises.
(b) Time and place for hearing; notice. The board of adjustment shall fix a time and place for the hearing, not less than ten days, nor
more than 30 days after receiving such demand for a hearing, and cause a notice of the hearing to be served personally or by
regular mail on the contestant, owner of the premises and other parties in interest.
(c) Appearances; evidence. The contestant, owner of the premises and other parties in interest shall have the right to appear in person,
or otherwise, and give testimony at the hearing, and the rules of evidence prevailing in the courts shall not be controlling.
(d) Decision; service on parties in interest. The board of adjustment, within a reasonable time after such hearing, shall make its
decision, and the city clerk shall serve a copy of the decision personally or by regular mail on the contestant, owner of the premises
and other parties in interest.
(Ord. of 10-23-1972, § 6; Code 1981, § 5-42)
Sec. 22-113. - Restriction on city's liability and inspections.
The city shall not incur liability, with regard to the installation, wiring or appliances used, from any violation of this article or from any accident
resulting from the installation, and shall not be obliged to inspect any installation before or after electricity is introduced.
(Code 1968, § 12-3; Code 1981, § 5-43)
Secs. 22-114—22-140. - Reserved.
ARTICLE V. - MECHANICAL CODE
Sec. 22-141. - Adopted.
(a) Certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated
as the International Mechanical Code 2009 Edition, including appendix chapter "A", as referenced in the building code adopted in-
22-
-
Page 12
61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design,
construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or
maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees therefore; and each
and all of the regulations, provisions, conditions and terms of such International Mechanical Code, as referenced in the building
code adopted in section 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to,
adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are
hereby revised:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump permit fees" in place of "The fees for all
mechanical work shall be as indicated in the following schedule:"
In place of:
Section 106.5.3 Fee refunds. Delete in its entirety.
SECTION 108 VIOLATIONS
Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of
"Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install,
alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or
certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or
by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has
been served shall be deemed a separate offense."
Section 108.5 Stop work orders. Insert "See 22-61(a)International Building Code, Section 114.3 Unlawful continuance" in place of "Upon
notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner
such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or
to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the
code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the
structure after having been served with a stop work order, except such work as that person is directed to remove a violation or unsafe
condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than
[AMOUNT] dollars"
SECTION 109 MEANS OF APPEAL. Delete section in its entirety.
(b) If any section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision
shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the
ordinance from which this section derives, and each section, subsection, clause or phrase thereof, irrespective of the fact that any
one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
(Code 1981, § 5-56; Ord. of 4-9-1984, § 2; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(4); Ord. of 4-
14-2008; Ord. No. 2010-02, 5-10-2010)
Sec. 22-142. - De nitions.
(a) Whenever the word "municipality" or the word "city" is used in the publication adopted by this article, it shall be construed to mean
the City of Dover, Delaware.
(b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall be construed to
mean the city solicitor.
(c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance
as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B.
(Code 1981, § 5-57)
Sec. 22-143. - Con icting provisions.
Page 13
In the event of any conflict between the provisions of the publication adopted by this article and applicable provisions of state law, this Code or
any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be
controlling.
(Code 1981, § 5-58)
Sec. 22-144. - Enforcement.
The building inspector shall enforce the provisions of the publication adopted by reference in this article.
(Code 1968, § 2-75; Code 1981, § 5-59)
Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22.
Sec. 22-145. - Heating, air conditioning, and heat pump permit fees.
(a) Enumerated. Before any heating, air conditioning, or heat pump permit shall be issued, a fee shall be paid unto the city as provided
for in Appendix F—Fees and Fines.
(b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where
the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor.
(Code 1981, § 5-61; Ord. of 6-28-1982, § 3; Ord. of 4-13-1987; Ord. of 4-25-1994; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009)
Secs. 22-146—22-180. - Reserved.
ARTICLE VI. - PLUMBING CODE
Footnotes:
--- (3) ---
State Law reference— Basic plumbing principles, 16 Del. C. § 7901 et seq.
Sec. 22-181. - Adopted.
(a) [International Plumbing Code.] Certain documents, three copies of which are on file in the licensing and permitting office in the city,
being marked and designated as International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as referenced in the
building code adopted in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the city for
regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement,
addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees
therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced
in the building code adopted in 22-61(a), published by the International Code Council, on file in the office of the city are hereby
referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised:
Exception: The 2009 International Private Sewage Disposal portion of this code is not adopted, as enforced by other authorities having
jurisdiction.
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
Section 106.6.2 Fee Schedule. Insert "See Section 5.75 22-65 Permit Fees" in place of "The fees for all plumbing work shall be as indicated
in the following schedule:
[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]".
Section 106.6.3 Fee refunds. Delete in its entirety.
Section 108.4 Violation Penalties. Insert: "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of
"Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install,
alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or
Page 14
certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT]
dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after
due notice has been served shall be deemed a separate offense."
Section 108.5 Stop work orders. Insert "See Section 22-61(a) International Building Code, Section 114.3 Unlawful continuance" in place of
"Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous
and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's
agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency
exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or
about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a
violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or
more than [AMOUNT] dollars"
(b) International Fuel and Gas Code. That certain documents, three copies of which are on file in the licensing and permitting office of
the city being marked and designated as "The International Fuel and Gas Code, 2009 Edition" as published by the International Code
Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in the State of Delaware; for regulating and
governing fuel gas systems and gas fired appliances as herein provided.
(c) [Severability.] That if any section, subsection, sentences, clause or phrase of this section is, for any reason, held to be
unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares
that it would have passed the ordinance from which this section derives, and each section, subsection, clause and phrase therefore,
irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.
(Code 1981, § 5-71; Ord. of 4-9-1984, § 3; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(5); Ord. of 4-
14-2008; Ord. No. 2010-02, 5-10-2010)
Sec. 22-182. - De nitions.
(a) Whenever the word "municipality" or the word "city" is used in the publication adopted by this article, it shall be construed to mean
the City of Dover, Delaware.
(b) Whenever the term "corporation council" or "city attorney" is used in the publication adopted by this article, it shall mean the city
solicitor.
(c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance
as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B.
(Code 1981, § 5-72)
Sec. 22-183. - Con icting provisions.
In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any
other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be
controlling.
(Code 1981, § 5-73)
Sec. 22-184. - Enforcement.
The building inspector shall enforce the provisions of the publication adopted by reference in this article.
(Code 1968, § 2-75; Code 1981, § 5-74)
Charter reference— Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22.
Sec. 22-185. - Permit fees.
(a) Enumerated. Before any permit shall be issued for a plumbing permit a fee shall be paid unto the city as provided for in Appendix F
—Fees and Fines.
(b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has
Page 15
commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where
the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor.
(Code 1981, § 5-75; Ord. of 6-28-1982, § 2; Ord. of 4-13-1987; Ord. of 4-25-1994; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009)
Sec. 22-186. - Water conservation performance standards.
(a) General policy. No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural,
recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing,
water piping or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to
be obtained (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the
new, extended or altered plumbing, water piping and other water fixtures therein conform to the requirements and standards of
subsection (b) of this section. The provisions of this section shall apply to any such building or structure for which such a building
permit is issued or would otherwise be required to be issued but for such an exemption on or after December 10, 1990.
(b) Plumbing fixtures and fittings.
(1) Water closets and associated flushing mechanisms. The water consumption of water closets shall not exceed an average of 1.6
gallons per flush cycle. The fixture shall perform in accordance with the test requirements of the ANSI A122.19.2M and ANSI
A112.19.6M.
(2) Urinals and associated flushing mechanisms. Urinal water consumption shall not exceed an average of 1.5 gallons per flush
cycle. The fixtures shall perform in accordance with the test requirements of ANSI 122.19.2M and ANSI A112.19.6M.
(3) Showerheads. Showerhead discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in
accordance with the test requirements of ANSI A122.18.1M.
(4) Faucets. Sink and lavatory faucet discharge rates shall not exceed three gallons of water per minute. The fixture shall perform
in accordance with the test requirements of ANSI A112.18.1M.
(c) Special provisions.
(1) Special purpose equipment. The performance standards of subsection (b) of this section shall not apply to fixtures and fittings,
such as emergency showers, aspirator faucets and blowout fixtures, that, in order to perform a specialized function, cannot
meet the specified standards.
(2) Exemptions. Any person may apply to the city for an exemption to the terms of this section, which may be granted by the city
manager upon proof that some other device, system or procedure will save as much or more water as those set forth herein or
that those set forth herein cannot be complied with without undue hardship.
(d) Modification and removal. The city may from time to time modify, add to or remove the standards and restrictions herein.
(Code 1981, § 5-76; Ord. of 12-10-1990; Ord. of 4-25-1994)
Secs. 22-187—22-220. - Reserved.
ARTICLE VII. - PROPERTY MAINTENANCE CODE
Footnotes:
--- (4) ---
Charter reference— Power of city to regulate buildings, subpart A, §§ 20, 22.
Sec. 22-221. - Adopted.
(a) A certain document, three copies of which are on file in the licensing and permitting office of the city, being marked and designated
as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted
as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein
provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are
hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions,
deletions and changes:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
Page 16
SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and
property maintenance code board of appeals.
Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]".
Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]".
Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to [date]".
(b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a).
(Code 1981, § 10-1; Ord. of 7-10-1989; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No.
2010-02, 5-10-2010; Ord. No. 2016-19 , 8-22-2016)
Sec. 22-222. - De nitions.
(a) Whenever the word "municipality" or "city" is used in the publication adopted by this article, it shall be construed to mean the City of
Dover, Delaware.
(b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall mean the city
solicitor.
(c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance
as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B.
(Code 1981, § 10-2; Ord. of 7-10-1989)
Sec. 22-223. - Con icting provisions.
In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any
other ordinance, rule or regulation, the provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be
controlling.
(Code 1981, § 10-3; Ord. of 7-10-1989)
Sec. 22-224. - Enforcement.
The city planner shall enforce the provisions of the publication adopted by reference in this article.
(Code 1981, § 10-4; Ord. of 7-10-1989; Ord. of 4-14-2008)
Sec. 22-225. - Reserved.
Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, repealed § 22-225. Former § 22-225 pertained to property maintenance board of
appeals and derived from the Code of 1981; Ord. of 7-10-1989; and Ord. of 4-10-2000.
Secs. 22-226—22-250. - Reserved.
ARTICLE VIII. - LEASES
Sec. 22-251. - Unlawful leases.
(a) Compliance with zoning. No owner or landlord shall enter into any agreement, contract, lease, or sublease which provides for,
permits, allows, contemplates, or facilitates occupancy of any structure contrary to the use requirements of the city zoning
ordinance as set forth in appendix B. Any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates,
or facilitates such occupancy by more persons than permitted in appendix B to this Code is unlawful and hereby declared to be
contrary to public policy.
(b) Noise; disorderly conduct; drugs. All agreements, contracts, leases, or subleases for the occupancy of dwelling units shall
prominently stipulate that any renter or occupier of the rental unit shall not violate section 42-2 pertaining to noise or section 70-3
pertaining to disorderly conduct in connection with the use of the premises and shall also prominently stipulate that any renter or
Page 17
occupant of the rental unit shall not commit any drug offense on the premises. The agreement, contract, lease, or sublease shall
also prominently stipulate that if any renter or occupant shall be convicted more than one time in any one-year period of violating
section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct in connection with the use of the premises or is
convicted of any drug offense which occurred on the premises, the renter or occupier shall be considered to have breached a lawful
obligation relating to his use of the premises and shall be grounds for termination of the agreement, contract, lease, or sublease as
it applies to that renter or occupant.
(c) Notice of conviction to landlord. The city shall notify the landlord, owner, or owner's agent if a renter or occupant of the rental unit is
convicted of violating section 42-2 pertaining to noise, section 70-3 pertaining to disorderly conduct or any drug law. Notice shall be
deemed to be properly served upon the owner or the owner's agent if a copy thereof is delivered to the owner, or the owner's
agent; or by leaving a notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion,
who shall be informed of the contents thereof, or by certified mail addressed to the owner or the owner's agent at the last known
address, with return receipt requested; or lastly by posting a copy thereof in a conspicuous place in or about the structure affected
by the notice.
(d) Notice to renter. Within seven days of the receipt of notice that a renter or occupier has been convicted of violating section 42-2
pertaining to noise or section 70-3 pertaining to disorderly conduct, the landlord, owner, or owner's agent shall cause notice to be
served upon the affected renter or occupier that if a second such violation occurs within one year, the rental agreement will be
terminated.
(e) Second violation; termination of lease. Within seven days of the receipt of the notice that a renter or occupier has been convicted of
a second violation of section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, or has been convicted of a
drug offense, the landlord, owner, or owner's agent shall cause to be served upon the affected renter or occupier, notice that the
rental agreement is terminated and that the renter or occupier has not more than seven days to vacate the unit.
(f) Failure of renter or landlord to comply. If the renter or occupier fails to vacate the unit within the time specified in the notice, the
landlord, owner, or owner's agent shall immediately initiate and diligently pursue, in good faith, summary proceedings for
possession as specified in the Residential Landlord-Tenant Code (25 Del. C. § 5101 et seq.). The failure of the landlord, owner, or
owner's agent to initiate or diligently pursue, in good faith, summary proceedings for possession shall constitute a violation of this
section and shall subject the landlord, owner, or owner's agent to the penalties provided herein.
(g) Violations; penalties. Any person, firm, or corporation who violates any provision of this section shall have his rental license for the
premises revoked and shall be punished by a fine as provided for in Appendix F—Fees and Fines.
(Code 1981, § 10-41; Ord. of 10-15-1991; Ord. of 8-23-2004; Ord. No. 2009-09, 6-22-2009)
Secs. 22-252—22-280. - Reserved.
ARTICLE IX. - LODGINGHOUSES
DIVISION 1. - GENERALLY
Sec. 22-281. - Purpose; applicability; de nitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare insofar as the continued occupancy and
maintenance of lodginghouses operated for public use affect them. The health, safety and welfare of the occupants of the
lodginghouses are of the utmost importance to the city.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating to lodginghouses. Where, in this article,
different sections of this Code may specify different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different meaning:
Lodginghouse means a building operated principally for the temporary residence of the transient public, including but not limited to hotels,
motels, tourist homes, and dormitories.
(d) Compliance. No person shall operate, occupy or let to another for occupancy any lodginghouse which is not in compliance with this
chapter. No person shall operate, occupy or let to another for occupancy any lodginghouse unless it is clean and sanitary, and
complies with the requirements of this article.
Page 18
(Code 1981, § 10-61; Ord. of 4-10-2000)
Sec. 22-282. - Responsibilities of operator.
The operator of every lodginghouse shall be responsible for:
(1) Maintaining all supplied bedding in a clean and sanitary condition;
(2) Changing all supplied bed linens and towels at least once each week and upon the renting of any room;
(3) Supplying clean towels daily;
(4) Maintaining the property in accordance with the International Property Maintenance Code adopted in section 22-221 and the
International Fire Code adopted in section 46-121(a).
(Code 1981, § 10-62; Ord. of 4-10-2000)
Sec. 22-283. - Inspections.
The licensing and permitting office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in
section 22-221, shall inspect lodginghouses for compliance with the property maintenance code and all other applicable codes to ensure
compliance.
(Code 1981, § 10-63; Ord. of 4-10-2000; Ord. of 4-14-2008)
Secs. 22-284—22-300. - Reserved.
DIVISION 2. - PERMIT
Sec. 22-301. - Generally.
(a) Required. It shall be unlawful for any person to let, or offer to let, space in any lodginghouse by advertisement, without first
obtaining a permit from the licensing division of the department of planning and inspections in order to determine compliance with
the provisions of this chapter.
(b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in
Appendix F—Fees and Fines.
(c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall
incur a penalty fee as provided for in Appendix F—Fees and Fines until the same is paid.
(d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-303 shall pay a reinstatement fee as
provided for in Appendix F—Fees and Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner,
then such fees may be entered into the municipal lien docket as a lien owing the city, and the same may be turned over to the city
solicitor for collection.
(f) Utilities. The owner or occupant of any lodginghouse shall not be entitled to receive city utilities until the permit fee required in this
section is paid in full and city personnel shall refuse to provide sewage, water and electricity to the property until satisfactory proof
is furnished that such permit fee has been paid.
(Code 1981, § 10-76; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009)
Sec. 22-302. - Application and issuance.
No permit shall be issued until the applicant has complied with the provisions of this chapter applicable to lodginghouses and until the
applicant has furnished the licensing division of the department of planning and inspections with any other information that may be required.
(Code 1981, § 10-77; Ord. of 4-10-2000)
Sec. 22-303. - Suspension.
Page 19
(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, wh
determines that the lodginghouse or the premises surrounding the lodginghouse fails to meet the requirements of this chapter or any
regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building insp
the suspension shall have been reversed on appeal.
(b) Notice to owner. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall
notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected.
(c) Appeal. Any owner or operator of any lodginghouse, whose permit to operate the structure is suspended by the building inspector
pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225.
(d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the building inspector and upon the permittee
serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed and an existing
permit shall remain in force until the appeal is decided.
(Code 1981, § 10-78; Ord. of 4-10-2000)
Secs. 22-304—22-330. - Reserved.
ARTICLE X. - RENTAL DWELLINGS
DIVISION 1. - GENERALLY
Sec. 22-331. - Purpose; applicability; de nitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare insofar as they are affected by the
continued occupancy and maintenance of dwellings operated for lease to the public. The health, safety and welfare of the occupants
of the dwellings are of the utmost importance to the city, as is the general community character in which these dwelling units are
located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating to rental dwellings. Where, in this article,
different sections of this Code may specify different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different meaning:
(1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, (b) Class A misdemeanor, or (c) any of the
following offenses: any drug offense defined by Title 16 of the Delaware Code, and the following misdemeanors in addition to
any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601—Offensive touching, § 602—Menacing, § 628—
Vehicular assault 3, § 763—Sexual harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—Graffiti, § 820—
Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106—Unlawfully dealing with a
child, § 1301—Disorderly conduct, § 1313—Malicious interference with emergency communications, § 1315—Public
intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323—Obstructing of public passage, § 1341—Lewdness, § 1342—
Prostitution, § 1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 1446—Unlawfully
dealing with a switchblade knife.
(2) Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
(3) Multiple-family dwellings means dwelling units operated as a group, and located in the same building. This shall include
apartments, roominghouses, condominium dwelling units, and accessory apartments located within structures principally used
for owner occupancy.
(4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or persons in exchange for monetary payment
or provision of goods or services to the owner of the dwelling unit.
(5) Single-family dwellings means dwelling units operated singly, and separated from other units. In general, this definition shall
apply to single-family detached dwellings; mobile homes and manufactured homes; and attached units, including duplexes and
townhouses.
(d) Compliance required. No person shall operate, occupy or let to another for occupancy any dwelling which is not in compliance with
the International Property Maintenance Code adopted in section 22-221 and all other applicable codes.
Page 20
(Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8-2016)
Sec. 22-332. - Inspection required.
(a) The code enforcement office, in accordance with the procedures set forth in the International Property Maintenance Code adopted
in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to
ensure compliance.
(b) Following an inspection, the code enforcement office shall issue a letter and/or report of any code violations and provide a timeline
for compliance. There shall be no fee for the first followup inspection. Each subsequent reinspection shall be subject to a fee as
provided for in Appendix F—Fees and Fines.
(Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013)
Sec. 22-333. - Agent required.
(a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be required to have a licensed property
manager residing or having an office located in the county, or a family member or other designated individual who does not manage
any other rental real estate for a fee and who resides in the county acting as a property manager. The property manager, including
family members and designated individuals, shall have charge, care and control of the rental dwelling, and shall provide access to
the rental dwelling for inspection, upon request by the building inspector or city planner, within a reasonable time.
(b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling shall have a designated member,
partner, or employee having charge, care, and control of the rental dwelling. The designated member, partner or employee shall
reside in or have an office located in the county, or shall be required to have a licensed property manager residing or having an
office located in the county, or a family member or other designated individual who does not manage any other rental real estate
for a fee, and who resides in the county, acting as a property manager. The property manager, family members or other designated
individuals shall have charge, care and control of the rental dwelling, and shall provide access to the rental dwelling for inspection,
upon request by the building inspector or city planner, within a reasonable time.
(Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013-04, 4-8-2013)
Secs. 22-334—22-350. - Reserved.
DIVISION 2. - PERMIT
Sec. 22-351. - Generally.
(a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental dwelling without obtaining a permit
from the licensing division of the department of planning and inspections in order to determine compliance with the appropriate
provisions of this article. The permit shall expire annually on January 31. The fee for the annual permit shall be as provided for in
Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31st will be prorated from the date the
permit is issued until the next January 31st.
(b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling without first obtaining an annual
permit therefor from the licensing division of the department of planning and inspections in order to determine compliance with the
appropriate provisions of this article. The permit shall expire annually on January 31, and the fee for the annual permit shall be as
provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31st will be prorated
from the date the permit is issued until the next January 31st.
(c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a
penalty fee as provided for in Appendix F—Fees and Fines until the same is paid.
(d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-352 shall pay a reinstatement fee as
provided for in Appendix F—Fees and Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner,
then such fees shall be entered in the municipal lien docket as a lien owing the city; and the same may be turned over to the city
solicitor for collection.
(f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive city utilities until the permit fee required in this
Page 21
section is paid in full and city personnel shall refuse to provide sewage, water and electricity to the property until satisfactory proof
is furnished that such permit fee has been paid.
(Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-2013)
Sec. 22-352. - Suspension.
(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division,
when:
(1) The building inspector determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements
of this chapter or any rule or regulation issued pursuant thereto;
(2) The failure of the property owner or property manager to initiate and prosecute in good faith eviction proceedings following
notification by the city that the terms of the safe communities lease addendum have been violated; or
(3) The failure of the property owner or property manager to attend a safe communities seminar when required by section 22-
371(b).
Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall
have been reversed.
(b) Notice of violations. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall
notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected.
(c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is suspended by the building inspector
pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225.
(d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the building inspector and upon the permittee
serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed and an existing
permit shall remain in force until the appeal is decided.
(Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013)
Secs. 22-353—22-369. - Reserved.
DIVISION 3. - SAFE COMMUNITIES
Sec. 22-370. - Criminal activity.
Tenants of rental dwellings, any member of the tenant's household, any guest or other person under the tenant's control shall not engage in
criminal activity on or within 500 feet of the lot on which the rental dwelling resides.
(Ord. No. 2013-04, 4-8-2013)
Sec. 22-371. - Safe communities seminar.
(a) The City of Dover police department shall offer a safe communities seminar a minimum of two times each calendar year. The
seminar shall be voluntary, except in the following circumstances:
(1) When a rental dwelling permit has been suspended in accordance with section 22-352, the property owner or manager shall
attend the seminar prior to reinstatement of the suspended rental dwelling permit; or
(2) When a rental dwelling has been the subject of response by the police department on three or more occasions within a six
month period, due to occasions where the tenant, any member of the tenant's family, or any guest or other person under the
tenant's control have engaged in criminal activity, the property owner or managers shall attend the seminar.
(b) Upon notification by the chief of police that the safe communities seminar is required in accordance with subsection (2) above, the
department of planning and inspections shall notify the property owner and/or property manager that he is required to attend the
next scheduled safe communities seminar. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing to the property
owner and property manager if a property manager is on record with the department of planning and inspections.
(Ord. No. 2013-04, 4-8-2013)
Page 22
Sec. 22-372. - Safe communities lease addendum.
(a) All residential leases shall include a safe communities lease addendum, signed by the property owner and tenant, in the following
form:
In addition to all other terms of the lease, landlord and tenant agree as follows:
(1) The tenant, any member of the tenant's household, any guest or any other person under the tenant's control on or within 500
feet of the leased premises:
i. Shall not engage in criminal activity, including drug-related criminal activity, on or within 500 feet of the leased premises.
"Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession of any illegal or
controlled substance defined by 16 Del. C. Ch. 47.
ii. Shall not engage in any act intended to facilitate criminal activity.
iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal activity.
(2) Any activity prohibited by the safe communities lease addendum shall constitute a substantial violation of the lease, material
noncompliance with the lease, and grounds for termination of tenancy and eviction.
(b) The department of planning and inspections shall provide the safe communities lease addendum.
(c) An executed copy of the safe communities lease addendum shall be required for all rental dwellings in the City of Dover prior to
establishment of a utility account for the premises.
(Ord. No. 2013-04, 4-8-2013)
Sec. 22-373. - Eviction required.
(a) If the tenant, any member of the tenant's household, any guest or other person under tenant's control engages in criminal activity
as defined by section 22-331(c)(1) and Chapter 22, Buildings and Building Regulations, of the Dover Code on three or more occasions
within a 12-month period, the chief of police shall notify the department of planning and inspections to initiate the safe
communities lease termination notice procedure directing the property owner or property manager to terminate the tenancy in
accordance with subsection (b).
(b) Upon notification by the chief of police that termination of tenancy is required in accordance with subsection (a), the department of
planning and inspections shall notify the property owner and property manager that they have 30 days to initiate the eviction or
otherwise terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing, to the property owner
and property manager if a property manager is on record with the department of planning and inspections.
(Ord. No. 2013-04, 4-8-2013)
Secs. 22-374—22-380. - Reserved.
ARTICLE XI. - DANGEROUS BUILDINGS
Sec. 22-381. - De nitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the
context clearly indicates a different meaning:
Dangerous buildings means all buildings or structures which have any or all of the following defects or uses:
(1) Leaning interior walls. Those of which the interior walls or other vertical structural members list, lean or buckle to such an
extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.
(2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the
supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or
covering.
(3) Loads on roofs. Those which have improperly distributed loads upon the floors or roofs or which the same are overloaded or
which have insufficient strength to be reasonably safe for the purpose used.
Page 23
(4) Fire damage, etc. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, m
general health and welfare of the occupants or the people of the city.
(5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide
the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work
injury to the health, morals, safety or general welfare of those living therein.
(6) Light, air, sanitation. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety,
or general welfare of human beings who live or may live therein.
(7) Fire escapes, etc. Those having inadequate facilities in case of fire or panic, or those having insufficient stairways, elevators, fire
escapes, or other means of communication.
(8) Loose parts. Those which have parts thereof which are so attached that they may fall and injure members of the public or
property.
(9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health,
morals, safety or general welfare of the people of this city.
(10) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire
prevention code, or other ordinances of this city.
(11) Drug sales, use, etc. Those which are being used for the unlawful selling, serving, storing, giving away or manufacturing (which
includes the production, preparation, compounding, conversion, processing, packaging or repackaging) of any drug, which
includes all narcotic or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the Uniform
Controlled Substances Act (16 Del. C. § 4701 et seq.).
(12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is
being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the
probability of fire and danger to human life.
(13) Incomplete buildings. Those under construction, if the authorized work is substantially suspended or abandoned for a period
of three months or more.
(Ord. of 2-28-1955, § 1; Code 1981, § 5-86; Ord. of 10-28-1996; Ord. of 3-13-2000)
Sec. 22-382. - Standards for repair, vacation or demolition.
The following standards shall be followed in substance by the building inspector in ordering repair, vacation, or demolition of dangerous
buildings:
(1) Repair. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this
article, it shall be ordered repaired.
(2) Vacation. If the dangerous building is in such a condition or is being used as to make it dangerous to the health, morals, safety,
or general welfare of its occupants, it shall be ordered to be vacated and closed. Buildings ordered closed shall not be
reopened until a certificate of occupancy is issued.
(3) Demolition. In any case where a dangerous building is 50 percent damaged, decayed or deteriorated from its original value or
structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation
of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard as determined by the
fire marshal, or is existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state,
it may be demolished.
(Ord. of 2-28-1955, § 2; Code 1981, § 5-87; Ord. of 10-28-1996)
Sec. 22-383. - Nuisance declared.
All dangerous buildings within the terms of section 22-381 are hereby declared to be public nuisances, and shall be repaired, vacated and
closed or demolished as hereinbefore and hereafter provided.
(Ord. of 2-28-1955, § 3; Code 1981, § 5-88; Ord. of 10-28-1996)
Sec. 22-384. - Duties of building inspector.
Page 24
The building inspector shall:
(1) Inspect public buildings. Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters,
hotels, tenements, or commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist
which render such places a dangerous building within the terms of section 22-381.
(2) Complaints. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building,
wall or structure is or may be existing in violation of this article.
(3) Reported violations. Inspect any building, wall or structure reported (as hereinafter provided for) by the fire or police
departments of this city as probably existing in violation of this article.
(4) Dangerous buildings. Inspect such other buildings as shall from time to time come to his attention as possibly dangerous
buildings within the terms of section 22-381.
(5) Notice to owner. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in
said building, as shown by the land records of the recorder of deeds of the county, of any building found by him to be a
dangerous building within the standards set forth in section 22-381, that:
a. Duties of owner. The owner must vacate and close, or repair, or demolish said building in accordance with the terms of
the notice and this article;
b. Duties of occupant. The occupant or lessee must vacate and close said building or may have it repaired in accordance
with the notice and remain in possession;
c. Persons with interest. The mortgagee, agent or other persons having an interest in said building, as shown by the land
records of the recorder of deeds of the county, may, at their own risk, repair, vacate and close, or demolish said building
or have such work or act done; provided that any person notified under this subsection to repair, vacate and close, or
demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have
done, the work or act required by the notice provided for herein;
d. Appeal. The person or entity receiving notice by the building inspector shall have the right to appeal his decision directly
to the council and have a hearing conducted in accordance with the provisions of section 22-385 before council, provided
that the notice of appeal is filed with the city clerk no later than five days after receiving notice from the building
inspector.
(6) Order to remedy conditions. Set forth in the notice provided for in subsection (5) hereof a description of the building or
structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an
order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not
exceeding 30 days, as is reasonable.
(7) Noncompliance with notice. Report to the council any noncompliance with the notice provided for in subsections (5) and (6)
hereof.
(8) Testify at hearings. Appear at all hearings conducted by the council and testify as to the condition of dangerous buildings.
(9) Notice on buildings. Place a notice on all dangerous buildings, reading as follows:
"This building has been found to be a dangerous building by the building inspector. This notice is to remain on this building
unit until it is repaired, vacated and closed, or demolished in accordance with the notice which has been given the owner,
occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building, as shown by
the land records of the recorder of deeds of Kent County. It is unlawful to remove this notice until such notice is complied
with."
(10) Orders of council. Carry out all orders of the council to cause the repair, vacation and closure, or demolition of dangerous
buildings pursuant to section 22-385. In causing the vacation of the dangerous building, the building inspector may order the
city utilities to be disconnected. In causing the closure of dangerous buildings, the building inspector may direct the removal
from the building of all furniture, equipment and other personal property left by vacated occupants.
(Ord. of 2-28-1955, § 4; Code 1981, § 5-89; Ord. of 10-28-1996; Ord. of 7-8-2002)
Sec. 22-385. - Hearing before council.
The council of the city shall:
Page 25
(1) Notice of hearing. Upon receipt of a report of the building inspector as provided for in section 22-384(7), give written notice to the
occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the records of the recor
the county, to appear before it on the date specified in the notice to show cause why the building or structure reported to be a da
should not be repaired, vacated and closed, or demolished in accordance with the statement of particulars set forth in the buildin
notice provided for herein in section 22-384(6).
(2) Conduct of hearing. Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee,
lessee, or any other person having an interest in said building, as shown by the land records of the recorder of deeds of the
county, shall offer relative to the dangerous building. Hearings relative to reported dangerous buildings as defined in section
22-381(11) shall include the testimony of the city chief of police, who may submit arrest records, complaint records, and
affidavits relative to the property as evidence for the hearing.
(3) Findings. Make written findings of fact from the testimony offered pursuant to subsection (2) of this section as to whether or
not the building in question is a dangerous building within the terms of section 22-381.
(4) Order. Issue an order based upon findings of fact made pursuant to subsection (3) of this section, commanding the owner,
occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown on the land records of
the recorder of deeds of the county, to repair, vacate and close, or demolish any building found to be a dangerous building
within the terms of this article, setting the time within which said building shall be repaired, vacated and closed, or demolished,
and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said
dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown
by the land records of the recorder of deeds of the county may demolish said dangerous building at his own risk to prevent the
acquiring of a lien against the land upon which said dangerous building stands by the city as provided in subsection (5) hereof.
(5) Failure to comply. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4)
hereof within ten days, cause such building or structure to be repaired, vacated and closed, or demolished, as the facts may
warrant, under the standards hereinbefore provided for in section 22-384, and shall, with the assistance of the city solicitor,
cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed 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 against
the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in
cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or
general welfare of the people of this city, the council shall notify the city solicitor to take legal action to force the owner to
make all necessary repairs or demolish the building.
(6) Report to solicitor. Report to the city solicitor the names of all persons not complying with the order provided for in subsection
(4) hereof.
(Ord. of 2-28-1955, § 5; Code 1981, § 5-90; Ord. of 10-28-1996)
Sec. 22-386. - Violations; penalty for disregarding notices or orders.
(a) Violations by owner. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate and
close, or demolish said building given by the council shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as
provided for in Appendix F—Fees and Fines.
(b) Violations by occupant or lessee. The occupant or lessee in possession who fails to comply with any notice to vacate and close or
who fails to repair said building in accordance with any notice given by the council as provided for in this article shall be guilty of a
misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F—Fees and Fines.
(c) Removal of notice. Any person removing the notice provided for in section 22-384(9) shall be guilty of a misdemeanor and, upon
conviction, shall be fined as provided for in Appendix F—Fees and Fines.
(d) [Late payment.] Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be
automatically doubled in amount.
(Ord. of 2-28-1955, § 6; Code 1981, § 5-91; Ord. of 10-28-1996; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009)
Sec. 22-387. - Duties of the city solicitor.
The city solicitor shall:
(1) Prosecutions. Prosecute all persons failing to comply with the terms of the order provided for in section 22-385(4).
Page 26
(2) Hearings. Appear at all hearings before the council in regard to dangerous buildings.
(3) Collections. Bring suit to collect all municipal liens, assessments, or costs incurred in repairing or causing to be vacated and
closed or demolished dangerous buildings.
(4) Other legal action. Take such other legal action as is necessary to carry out the terms and provisions of this article.
(Ord. of 2-28-1955, § 7; Code 1981, § 5-92; Ord. of 10-28-1996)
Sec. 22-388. - Emergency cases.
In cases where it reasonably appears that there is an immediate danger to the life or safety of any person, unless a dangerous building is
immediately repaired, vacated 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. The costs of such emergency repair, vacation or demolition of such
dangerous building shall be collected in the same manner as provided in section 22-385(5).
(Ord. of 2-28-1955, § 8; Code 1981, § 5-93; Ord. of 10-28-1996)
Sec. 22-389. - Procedure when owner absent from the city.
In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for
herein shall be sent by registered or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said
building, as shown by the land records of the recorder of deeds of the county, to the last known address of each, and a copy of such notice shall be
posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service.
(Ord. of 2-28-1955, § 9; Code 1981, § 5-94)
Sec. 22-390. - Administrative liability.
No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a
result of any act required or permitted in the discharge of his duties under this article. Any suit against any officer, agent, or employee of the city as
a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city solicitor until the final
determination of the proceedings therein.
(Ord. of 2-28-1955, § 10; Code 1981, § 5-95)
Sec. 22-391. - Duties of re marshal and city employees.
The fire marshal, all members of the fire department, all officers of the police department, and all other employees of the city shall report, in
writing, to the building inspector all buildings or structures within the city which shall come to their knowledge or attention as being dangerous
buildings within the terms of this article.
(Ord. of 2-28-1955, § 11; Code 1981, § 5-96)
Secs. 22-392—22-399. - Reserved.
ARTICLE XII. - VACANT BUILDINGS
Sec. 22-400. - Purpose; applicability; de nitions.
(a) Purpose. The purpose and intent of this article is to establish a registration and identification program of vacant buildings within the
city. Vacant buildings are detrimental to the surrounding buildings and neighborhoods in which they exist. The article is also to
ensure the public health, safety and welfare insofar as they are affected by vacant buildings within the city. The health, safety and
welfare of the neighborhoods in which vacant buildings are located are of the utmost importance to the city, as is the general
community character in which these vacant buildings are located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating to vacant buildings. Where, in this article,
different sections of this Code may specify different requirements, the most restrictive shall govern.
Page 27
(c) Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribe to them in this subsecti
where the context clearly indicates a different meaning.
(1) Vacant building means a building, structure, or dwelling that has been unoccupied for more than three consecutive months; or
a commercial tenant space greater than 10,000 square feet in an otherwise occupied building, that has been left unoccupied
for more than three consecutive months.
(2) Actively for sale or lease means the building is being actively marketed through a licensed real estate broker or the owner who
is regularly advertising the property in newspapers circulated in and around Dover, it is being offered for sale or lease at a cost
of no more than 25 percent over market rate as determined by the city assessor, and the building is in reasonable condition for
sale or lease, including but not limited to: no trash has collected inside or outside of the building, the utilities are functional,
and it is not being used as storage that is unrelated to the former use.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-401. - Monitoring, inspection and condition standards.
(a) The building inspector shall inspect any premises in the city for the purpose of enforcing and assuring compliance with the
provisions of this article. Upon request of the building inspector, an owner shall provide access to all interior portions of a vacant
building in order to permit a complete inspection.
Once a building/structure/unit or residence (hereon after referred to as building) is registered as a vacant building, the vacant building
shall be inspected annually for as long as it is considered vacant.
(b) The vacant building shall be secured; the exterior building and premises shall be maintained in accordance with all City of Dover
Code requirements.
(c) The vacant building shall be in reasonable condition (all utilities shall be functional, there shall be no trash or debris inside or
outside the building and it shall not to be used as storage that is unrelated to the former use).
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-402. - Agent—Responsible person required.
(a) Property manager. Any owner of a vacant building, residing outside of the county, shall be required to have a licensed property
manager residing or having an office located in the county, or a family member or other designated individual who does not manage
any other real estate for a fee and who resides in the county acting as a property manager. The property manager, including family
members and designated individuals, shall have charge, care and control of the vacant building, and shall provide access to the
vacant building for inspection upon request by the building inspector, within 30 days.
(b) Corporate or partnership owners. Any corporation or partnership owning a vacant building shall have a designated member,
partner, or employee having charge, care and control of the vacant building. The designated member, partner or employee shall
reside in or have an office located in the county, or shall be required to have a licensed property manager residing or having an
office located in the county, or other designated individual who does not manage any other real estate for a fee, and who resides in
the county, acting as a property manager. The property manager, or other designated individuals shall have charge, care and control
of the vacant building, and shall provide access to the vacant building for inspection, upon request by the building inspector, within
30 days.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-403. - Registration and registration fee.
(a) Registration of building. There are two ways to register the building as vacant.
(1) The owner shall register with the city not later than 30 days after any building in the city becomes vacant, as defined.
The registration of the vacant building shall include the site address, the name of the current owner or owners, current address
of the owner and of all applicable owners, tax parcel number, proof of insurance on the building, description of the condition
of the building, plans for the building (to eliminate the vacancy), the responsible person or agent and their contact information
and any other applicable information. If any information changes the owner is responsible for informing the city of those
changes in a timely manner.
(2) The building inspector or his designee, shall investigate any property that may be subject to registration. Based upon his
Page 28
findings, the building inspector may register the property as a vacant building subject to this chapter.
a. Notice of registration. Within five business days of such registration, the licensing and permitting office shall notify the
owners of the registered property by certified mail at their last known address according to the records of the city and
Kent County.
b. Registration fee.
(i) The annual registration fee shall be paid at the time of registration. If the building inspector registers the building as
vacant the fee shall be due not later than 30 days after the building is registered as vacant. The annual registration
fee will then be due on the registration anniversary date every year after that as long as it remains vacant. The
starting point for counting a building as being vacant will begin on the date of the enactment of this article [June 26,
2006].
(ii) The annual fee is as provided for in Appendix F—Fees and Fines.
(Ord. of 6-26-2006; Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-03, 3-11-2013)
Sec. 22-404. - Violation and penalties.
(a) If the registration fee is not paid within 30 days of being due, the owner shall be in violation of this article.
(1) A lien can be assessed against the property. Such fees shall be entered in the municipal lien docket as a lien owing the city, and
the same may be turned over to the city solicitor for collection.
(2) The fee will be assessed to the parcel's tax bill.
(3) The fee shall be paid in full prior to the transfer of title.
(4) The fee shall be paid in full prior to the issuance of any building permits for the subject building and for any other building that
is owned by the owner within the city.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-405. - Exemptions—Types of buildings eligible for exemption status from the registration fee.
(a) The following are exempt from the registration: The building has fire damage. The owner has 90 days to file for a permit to start
construction or demolition or it will be determined a vacant property.
(b) The following properties shall be registered as vacant, but they are exempt from the registration fee:
(1) The building is actively being offered for sale or lease for a maximum period of five years. After such time this article will be in
effect. Proof of activity shall fall on the owner to provide. See definition.
(2) The owner has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy.
(3) The property is in probate or where the owner has entered a long term care facility within six months of the building being
vacant.
(4) The property is undergoing currently environmental cleanup or assessment.
(c) Failure to register. If the owner of the property fails to register the property with the City of Dover within 30 days of notification to
do so by the City of Dover staff, then the property owner/agent may not be entitled to exemption from the fees.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013)
Sec. 22-406. - Appeal of the 25 percent over market rate.
An appeal of the 25 percent over market rate (from the actively for sale or lease definition) can be considered through an appraisal using
accepted appraisal standards to determine market rate. The owner has the option of asking the city tax assessor to perform the appraisal or
having one performed (using accepted appraisal standards) at their own expense.
(Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013; Ord. No. 2016-19 , 8-22-2016)
Page 29
SCOPE AND ADMINISTRATION
I PART 2-ADMINISTRATION AND ENFORCEMENT deemed necessary to report upon unusual technical issues that
arise, subject to the approval of the appointing authority.
104.3 Right of entry. Where it is necessary to make an inspec-
SECTION 103 tion to enforce the provisions of this code, or whenever the
DEPARTMENT OF PROPERTY code official has reasonable cause to believe that there exists in
MAINTENANCE INSPECTION a structure or upon a premises a condition in violation of this
103.1 General. The department of property maintenance code, the code official is authorized to enter the structure or pre-
inspection is hereby created and the executive official in charge mises at reasonable times to inspect or perform the duties
thereof shall be known as the code official. imposed by this code, provided that if such structure or pre-
I the
•
103.2 Appointment. The shall be appointed by
code official
chief appointing authority of the jurisdiction.
mises is occupied the code official shall present credentials to
the occupant and request entry. If such structure or premises is
unoccupied, the code official shall first make a reasonable
103.3 Deputies. In accordance with the prescribed procedures effort to locate the owner or other person having charge or con-
of this jurisdiction and with the concurrence of the appointing trol of the structure or premises and request entry. If entry is
authority, the code official shall have the authority to appoint a refused, the code official shall have recourse to the remedies
deputy(s). Such employees shall have powers as delegated by provided by law to secure entry.
the code official. · 104.4 Identification. The code official shall carry proper iden-
103.4 Liability. The code official, member of the board of tification when inspecting structures or premises in the perfor-
appeals or employee charged with the enforcement of this mance of duties under this code.
code, while acting for the jurisdiction, in good faith and with- 104.5 Notices and orders. The code official shall issue all nec-
out malice in the discharge of the duties required by this code or essary notices or orders to ensure compliance with this code.
other pertinent law or ordinance, shall not thereby be rendered
liable personally, and is hereby relieved from all personal lia- 104.6 Department records. The code official shall keep offi-
bility for any damage accruing to persons or property as a result cial records of all business and activities of the department
of an act or by reason of an act or omission in the discharge of specified in the provisions of this code. Such records shall be
official duties. Any suit instituted against any officer or retained in the official records for the period required for reten-
employee because of an act performed by that officer or tion of public records.
employee in the lawful discharge of duties and under the provi-
sions of this code shall be defended by the legal representative
of the jurisdiction until the final termination of the proceed- SECTION 105
ings. The code official or any subordinate shall not be liable for APPROVAL
costs in an action, suit or proceeding that is instituted in pursu- 105.1 Modifications. Whenever there are practical difficulties
ance of the provisions of this code. involved in carrying out the provisions of this code, the code
103.5 Fees. The fees for activities and services performed by official shall have the authority to grant modifications for indi-
the department in carrying out its responsibilities under this vidual cases upon application of the owner or owner'_s repre-
code shall be as indicated in the following schedule. sentative, provided the code official shall first find that special
individual reason makes the strict letter of this code impractical
[ JURISDICTION TO INSERT APPROPRIATE SCHEDULE.] and the modification is in compliance with the intent and pur-
pose of this code and that sucll m dification. does not lessen
health, life and fire safety requirements. The details of action
SECTION 104 granting modifications shall be recorded and entered in the
DUTIES AND POWERS OF THE CODE OFFICIAL department files.
104.1 General. The code official is hereby authorized and 105.2 Alternative materials, methods and equipment. The
directed to enforce the provisions of this code. The code official provisions of this code are not intended to prevent the installa-
shall have the authority to render interpretations of this code tion of any material or to prohibit any method of construction
and to adopt policies and procedures in order to clarify the not specifically prescribed by this code, provided that any such
application of its provisions. Such interpretations, policies and alternative has been approved. An alternative material or
procedures shall be in compliance with the intent and purpose method of construction shall be approved where the code offi-
of this code. Such policies and procedures shall not have the
-
cial finds that the proposed design is satisfactory and complies
effect of waiving requirements specifically provided for in this with the intent of the provisions of this code, and that the mate-
code. rial, method or work offered is, for the purpose intended, at
least the equivalent of that prescribed in this code in quality,
104.2 Inspections. The code official shall make all of the
strength, effectiveness, fire resistance, durability and safety.
required inspections, or shall accept reports of inspection by
105.3 Required testing. Whenever there i · insufficient evi-
I. approved agencies or individuals. All reports of such inspec-
tions shall be in writing and be certified by a responsible officer dence of compliance with the provisions of this code, or vi-
of such approved agency or by the responsible individual. The dence that a material or method does not conform to the
code official is authorized to engage such expert opinion as requirements of this code, or in order to substantiate claims for
2 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
\
Page 30
CHAPTER 2
DEFINITIONS
SECTION 201 permanent provisions for living, sleeping, eating, cooking and
GENERAL sanitation.
201.1 Scope. Unless otherwise expressly stated, the following EA EMENT. That portion of land or property reserved for
I
terms shall, for the 1)urposes of this code, have the meaning pre ent or future use by a person or agency other than the legal
hown in this chapter. fee owner(s) of the property. The easement sbalJ be pemutted
to be for u e under, on or above a said lot or lots.
201.2 Interchangeability. Words stated in the present Lense
include the fmure; words stated in the masculine gender EQUIPMENT SUPPORT. Those structural members or
i.nclude the feminine and neuter; the ingular number includes assemblies of members 0r manufactured elements, inclull-ing
the plural and th plural, the singular. braces frames, lugs, ·nuggers, hangers or saddles, that trans-
mit gravity load, lateral load and operating load between the
201.3 Terms defined in other codes. Where terms are not equipment and the structure.
defined in this code and are defined in the International Build-
ing Code, International Fire Code, International Zoning Code, EXTERIOR PROPERTY. The open space on the premises
lntemationa.l Plumbing ode, 1,uernational Mechanical Code and on adjoining property under the control of owners or oper-
or NFPA 70, such terms shall have the meanings ascribed to ators of such premises.
them a stated in those code .
GARBAGE. The animal or vegetable waste resulting from the
201.4 Terms not defined. Where terms are not defined handling, preparation, cooking and consumption of food.
thrn·ugh the methods authorized by this section such terms
GUARD. A building component or a system of building com-
shall have ordinarily accepted meanings such as the context
ponents located at or near the open sides of elevated walking
implies.
surfaces that minimizes the possibility of a fall from the walk-
201.5 Parts. Whenever the words "dwelling unit," "dwelling," ing surface to a lower level.
"premises," "build ing,' "rooming house,'' "rooming ·unit,"
HABITABLE SPACE. Space in a structure for living, sleep-
''housekeeping unit" or "story" are stated in this code, they
ing, eating or cooking. Bathrooms, toilet rooms, closets, halls,
shall be construed ru though they w r followed by the words
"or any part thereof." storage or utility spaces, and similar areas are not considered
habitable spaces. ·
HOUSEKEEPING UNIT. A room or group of rooms forming
SECTION 202 a single habitable space equipped and intended to be used for
GENERAL DEFINITIONS living, sleeping, cooking and eating which does not contain,
within such a unit, a toilet, lavatory and bathtub or shower.
I ANCHORED. Secured in a manner that provides positive con-
nection. IMMINENT DANGER. A condition which could cause seri-
ous or life-threatening injury or death at any time.
APPROVED. Approved by the code official.
BASEMENT. That portion of a building which is partly or INFESTATION. The presence, within or contiguous to, a
completely below grade. structure or premises of insects, rats, vermin or other pests.
BATHROOM. A room containing plumbing fixtures includ- INOPERABLE MOTOR VEHICLE. A vehicle which can-
ing a bathtub or shower. not be driven upon the public streets for reason including but
not limited to being unlicensed, wrecked, abandoned, in a state
BEDROOM. Any room or space used or intended to be used of disrepair, or incapable of being moved under its own power.
for sleeping purposes in either a dwelling or sleeping unit.
LABELED. Equipment, materials or products to which have
CODE OFFICIAL. The official who is charged with the been affixed a label, seal, symbol or other identifying mark of a
administration and enforcement of this code, or any duly nationally recognized testing laboratory, inspection agency or
authorized representative. other organization concerned with product evaluation that
CONDEMN. To adjudge unfit for occupancy. maintains periodic inspection of the production of the above-
labeled items and whose labeling indicates either that the
DETACHED. When a structural element is physically discon- equipment, material or product meets identified standards or
I
nected from another and that connection is necessary to pro- has been tested and found suitable for a specified purpose.
vide a positive connection.
LET FOR OCCUPANCY OR LET. To permit, provide or
DETERIORATION. To weaken, disintegrate, corrode, rust or
offer possession or occupancy of a dwelling, dwelling unit,
decay and lose effectiveness.
rooming unit, building, premise or structure by a person who is
[BJ DWELLING UNIT. A single unit providing complete, or is not the legal owner of record thereof, pursuant to a written
independent living facilities for one or more persons, including or unwritten lease, agreement or license, or pursuant to a
2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 9
Page 31
DEFINITIONS
recorded or unrecorded agreement of contract for the sale of defendant either did an act which was prohibited, or failed to do
land. an act which the defendant was legally required to do.
STRUCTURE. That which is built or constructed or a portion
I NEGLECT. The lack of proper maintenance for a building or
structure. thereof.
OCCUPANCY. The purpose for which a building or portion TENANT. A person, corporation, partnership or group,
thereof is utilized or occupied. whether or not the legal owner of record, occupying a building
or portion thereof as a unit.
OCCUPANT. Any individual living or sleeping in a building,
or having possession of a space within a building.
OPENABLE AREA. That part of a window, skylight or door
which is available for unobstructed ventilation and which
opens directly to the outdoors.
TOILET ROOM. A room containing a water closet or urinal
but not a bathtub or shower.
ULTIMATE DEFORMATION. The deformation at which
failure occurs and which shall be deemed to occur if the sus-
tainable load reduces to 80 percent or less of the maximum
I
OPERATOR. Any person who has charge, care or control of a strength.
structure or premises which is let or offered for occupancy. VENTILATION. The natural or mechanical process of sup-
OWNER. Any person, agent, operator, firm or corporation plying conditioned or unconditioned air to, or removing such
having a legal or equitable interest in the property; or recorded air from, any space.
in the official records of the state, county or municipality as WORKMANLIKE. Executed in a skilled manner; e.g., gen-
holding title to the property; or otherwise having control of the erally plumb, level, square, in line, undamaged and without
property, including the guardian of the estate of any such per- marring adjacent work.
son, and the executor or administrator of the estate of such per-
son if ordered to take possession of real property by a court. YARD. An open space on the same lot with a structure.
PERSON. An individual, corporati<Jn, partnership or any other
group acting as a unit.
I
PEST ELIMINATION. The control and elimination of
insects, rodents or other pests by eliminating their harborage
places; by removing or making inaccessible materials that
serve as their food or water; by other approved pest elimination
methods.
PREMISES. A lot, plot or parcel of land, easement or public
way, including any structures thereon.
PUBLIC WAY. Any street, alley or similar parcel of land
essentially unobstructed from the ground to the sky, which is
deeded, dedicated or otherwise permanently appropriated to
the public for public use.
ROOMING HOUSE. A building arranged or occupied for
lodging, with or without meals, for compensation and not
occupied as a one- or two-family dwelling.
ROOMING UNIT. Any room or group of rooms forming a
single habitable unit occupied or intended to be occupied for
sleeping or living, but not for cooking purposes.
RUBBISH. Combustible and noncombustible waste materials,
except garbage; the term shall include the residue from the
burning of wood, coal, coke and other combustible materials,
paper, rags, cartons, boxes, wood, excelsior, rubber, leather,
tree branches, yard trimmings, tin cans, metals, mineral matter,
glass, crockery and dust and other similar materials.
[B] SLEEPING UNIT. A room or space in which people
sleep, which can also include permanent provisions for living,
eating and either sanitation or kitchen facilities, but not both.
Such rooms and spaces that are also part of a dwelling unit are
not sleeping units.
STRICT LIABILITY OFFENSE. An offense in which the
prosecution in a legal proceeding is not required to prove crimi-
nal intent as a part of its case. It is enough to prove that the
10 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE®
Page 32
City of Dover
February 13, 2020
Attn: Ms. Joni Monk
210 Green Blade Drive,
Dover, DE 19904
Re: Appeal of Decision - Annual Housing Inspection - 1001 White Oak Road, B31, Dover, DE 19901
Case #: 19-00003253
Ms. Monk:
I have received your request to appeal citation #19-00003253 and fines related to the violation of Chapter 22 -
Buildings and Building Regulations, Article VII - Property Maintenance Code, Section 22-221.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for
Wednesday, February 26, 2020 at 4:00 p.m. in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE
19901 to hear your appeal.
Please feel free to contact me by email at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any
questions or concerns.
Sincerely,
Traci A. McDowell, MMC
City Clerk
/TAM/jt
S:\APPEALS\2020\1. 1001 WHITE OAK ROAD, B31 - MONK\Receipt of Appeal - Monk.wpd
cc: David Hugg, Director of Planning and Community Development
Nicholas Rodriguez, City Solicitor
Gary E. Junge, Deputy City Solicitor
Eddie Kopp, Code Official
Ron Coburn, Code Official
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service
Page 33
01/22/2020
Letter of Appeal
Received
Reference: JAN 22 2020
Location of Offense: 100 I White Oak Rd. B31
Type of Offense: Annual Housing Inspection Planning & lnsp .
ect,ons
Date of Offense: January 9, 2020
Time of Offense: 13:33
Date oflssue: January 9, 2020
To whom it may concern:
I had a homeless handyman who was supposed to do some repairs in my furnished
condominium. When I could not reach the handyman, I went to my condo, to find out that he
had changed the locks on my door without my knowledge. So, on October 28, 2019, I planned
on going to my condo with a Locksmith company. Once I entered my condo, it became very
real, that he had stolen all my furniture and caused major damage in my condo, especially the
kitchen and the electrical box. I was upset about the damages but also very relieved to get rid of
him.
Once in the condo, I found a general form from City of Dover in my kitchen. I became aware
that the handyman had maliciously asked a City of Dover inspector to enter my vacant condo
that morning, without my permission. The form stated that there were no Valid Rental Permit. I
immediately went to City of Dover and inquired about the form. They were not able to assist me
and told me that nothing was in the system regarding the form. The form did not have a specific
person to contact regarding the form or how to proceed. I also contacted City of Dover again,
and once again, no one was not able to assist me.
Since then, I have visited my vacant condo to do some minor repairs during the month of early
November. I was not contacted or received any other information or update regarding the form.
Then on January 15, 2020, I received a certified letter at my residence located at 210 Green
Blade Dr. regarding the form. At that point, that was the first time I was notified and was able to
receive any clarification regarding the said issue. The certified letter informed me that a Code
Enforcement Officer Eddie Kopp with City of Dover had performed an inspection in my vacant
condo without my knowledge, on October 28 , 2019. I immediately contacted Officer Kopp at
Page 34
City of Dover. We spoke on the said issue and concluded with an official inspection of my
vacant condo on January 23, 2020.
In conclusion, please accept this letter of appeal and reverse any unnecessary penalties against
me. My condo is vacant and was not rented when it was inspected by City of Dover on October
28, 2019. It was also inspected without my knowledge or permission. When I inquired about the
general form left in my vacant condo, no one from City of Dover was able to assist me or had
any knowledge on the said issue. Not to mention, the form did not list a contact person. I did
not receive any notification on how to proceed on the said issue. However, the first time I
became aware and knew how to address the said issue was when I received a certified letter on
01/15/2020, at my residence located at 210 Green Blade Dr.
Yours Truly,
Joni Monk
Page 35
• Jan 2, . 2020 U l,l 1 AM EST X
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caenumNr, type: 11 00003253 NftJAI. HOUSING NSPECTION
l'nlpedy ....... D: 1001 WHITE OM RD 831 14632
T.-numNr, ....:
ELEC I NSPECTION REQUIRED ATTENTION AC
BREAKER BOX AC
KITCHEN AC
ATTENTION AC
ATTENTION CM
60 604 REPR FAULTY ELEC APPLIANCE KITCHEN AC
70 742 PROVIDE VENTILATION BOTH BATl!ROCNS AC
80 238 CAULK 6'.THTUB OR SHOIIIER BATHROCN CM
90 220A CLEAN CARPETING ATTENTION AC
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Page 36
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Violation Selection
Cue number, type: 19 00003253 Mt-II.JAL HOUSING INSPECTION
l"roperty address, ID: 1001 WHITE OAK RD B31 14632
Tenant rumber, name:
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100 411 REPAIR lll'ITER FAUCETS BATIIROC»4 CM
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Page 37
Division of
Code Enforcement •.
<!Cttp of 1!lober
15 Loockerman Plaza Phone: (302) 736-70 11
Dover, DE 1990 1 Fax: (302) 736-42 17
FIFTH NOTICE
January 9 , 2020
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
RE : Pr op erty Address: 1001 WHITE OAK RD B31
Tax Parcel Number: ED-05 - 068 . 14-05 - 860 . 000 - 012
Case Number: 19-00003253
Dear Sir/Madam:
On October 28 , 2019 , Code Enforcement Of fi cer Eddi e Kopp with the City of
Dover , Department of Inspecti ons conducted an inspection at 1001 WHITE OAK RD
B31. The inspection revealed one or mo r e City Code Violations on the
property .
Attached are the violation(s) found.
A re-inspection has no t been scheduled . Enclosed is a third citation .
Citations will double if not paid within 14 days of the issue date . If the
proper ty is a rental unit , an additional $50 . 00 re - inspection fee has been
enclosed. Fai lure to comply by January 23, 2020 wi l l result in an additional
Citation and if the property is a rental un i t , will result in the suspension
of the rental license.
If you h ave a ny questions or to appeal this notice , please contact this
office at (302) 736 - 7011 .
Sincerely ,
0
Code Enforceme nt Officer
cc : Fil e
Page 38
' . . t
.........................
, ....................... -
: •• . I •
..... ,
SENDER: COMPLETE THIS SECTION
• Complete items 1, 2,. and 3.
• Print your name and address on the reverse
so that we can return the card to you..
• Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Artlcle Addressed to:
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
3. Service Type D Prlortty Mall Express®
D Adult Signature D Registered Mall™
111IIIIIIIIIIIll IIll Ill IIII II 111 1111 11111 11111 D Adult Signature Restrleted Dellvery
C(Certlfied Mall®
D ~ered Mall Restricted
9590 9402 3131 7166 3345 96 D Certified Mall Restricted Delivery D Return Reoelpt for
D Collect on Delivery Merchandise
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Restricted Delivery
7018 1130 0001 2702 5349 ~allRestrlctedOellvery
PS Form 3811, July 201 5 PSN 7530-02-000-9053 Domestic Return Receipt
Page 39
,VIOLATION DETAIL PAGE 1
f •
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
VIOLATI ON: 609 QUANTITY: 1
DESCRIPTION: 609 ELEC INSPECTION REQUIRED DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
An electrical inspection is required by a Delaware licensed
electrical inspector.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED:
FAULTY ELECTRICAL EQUIPMENT/FACILITIES - SCHEDULE AN
ELECTRICAL INSPECTION BY A STATE OF DELAWARE AUTHORIZED
ELECTRICAL INSPECTION AGENCY
VIOLATION: 610 QUANTITY: 1
DESCRIPTION: 610 SECURE OPEN ELEC PANEL BOX DATE: 10/28/19
LOCATION: BREAKER BOX
NARRATIVE :
Secure the open breaker box. The empty circuits within the
box should have blanks installed.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM/HAZARDS
CORRECTIVE ACTION REQUIRED:
PROPERLY SECURE OPEN ELECTRICAL SERVICE PANEL BOX
VIOLATION: 398 QUANTITY: 1
DESCRIPTION: 398 REPAIR/REPLACE KIT CABINET DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE :
Repair the kitchen cabinet. Under the kitchen sink has
visible holes and damage. The back splash and counter top
needs to be secured to the walls.
ORDINANCE DESCRIPTION:
SECTION PM 305.1 BUILDING EQUIPMENT /MAINTENANCE
CORRECTIVE ACTION REQUIRED :
REPAIR OR REPLACE DEFECTIVE KITCHEN CABINET(S)
VIOLATION: 507 QUANTITY: 1
DESCRIPTION: 507 REPAIR AIR COND SYSTEM DATE: 10/28 /19
LOCATION: ATTENTION
NARRATIVE :
Page 40
VIOLATION DETAIL PAGE 2
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
NARRATIVE :
Repair tl;le air conditioning unit. The .U"9.i t is rusted and
leaking.
ORDINANCE DESCRIPTION
SECTION PM 603.1 MECHANICAL APPLIANCES
CORRECTIVE ACTION REQUIRED :
REPAIR OR REPLACE AIR CONDITIONING SYSTEM
VIOLATION: 009 QUANTITY: 1
DESCRIPTION: 009 SMOKE DETECTOR(S) DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
Install working smoke detectors in the hallway and in each
bedroom. A total of 3 smoke detectors are required.
ORDINANCE DESCRIPTION :
SECTION PM 704.2 SMOKE ALARMS
CORRECTIVE ACTION REQUIRED
INSTALL WORKING SMOKE DETECTOR(S) AT REQUIRED LOCATION(S)
REQUIRED LOCATIONS INCLUDE ONE ON EACH LEVEL TO INCLUDE
BASEMENT AND ATTIC SPACES, ONE IN EACH SLEEPING AREA, ONE
OUTSIDE THE SLEEPING AREA (HALL)
~ REPAIR / REPLACE ALL NON OPERATIONAL SMOKE DETECTOR(S)
VIOLATION: 604 QUANTITY: 1
DESCRIPTION: 604 REPR FAULTY ELEC APPLIANCE DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE :
Repair or replace the non operating dishwasher.
ORDINANCE DESCRIPTION :
SECTION PM 605 . 1 ELECTRICAL EQUIPMENT
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE FAULTY OR HAZARDOUS ELECTRICAL APPLIANCE
VIOLATION: 742 QUANTITY: 1
DESCRIPTION: 742 PROVIDE VENTILATION DATE: 10 /28/19
LOCATION: BOTH BATHROOMS
NARRATIVE :
Repair or replace the exhaust fan in both bathrooms .
ORDINANCE DESCRIPTION:
SECTION PM 403 .2 BATHROOMS AND TOILET ROOMS
CORRECTIVE ACTION REQUIRED:
Page 41
VIOLATION DETAIL PAGE 3
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
CORRECTIVE ACTION REQUIRED:
PRO.v'IDE WINDOW OR FAN IN BATHROOM FOR PROPER VENTILATION .
OR REPAIR/REPLACE CURRENT EXHAUST FAN
OR MAKE CURRENT WINDOW OPERATIONAL
VIOLATION: 238 QUANTITY: 1
DESCRIPTION: 238 CAULK BATHTUB OR SHOWER DATE: 10 /28/19
LOCATION: BATHROOM
NARRATIVE :
Remove all old caulk and apply new caulk around the tub and
shower.
"~\J\. ORDINANCE DESCRIPTION :
l)l SECTION PM 504.1 PLUMBING GENERAL
CORRECTIVE ACTION REQUIRED:
CAULK AROUND BATHTUB OR SHOWER
VIOLATION: 220A QUANTITY: 1
DESCRIPTION: 220A CLEAN CARPETING DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
Clean the carpets throughout the home with special attention
to the bedroom.
ORDINANCE DESCRIPTION
SECTION PM 305 .1 INTERIOR STRUCTURE GENERAL
CORRECTIVE ACTION REQUIRED:
CLEAN UNSANITARY CARPETING
VIOLATION: 411 QUANTITY: 1
DESCRIPTION: 411 REPAIR WATER FAUCETS DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE :
Repair the knobs to the faucet in the bathroom.
ORDINANCE DESCRIPTION:
SECTION PM 504.1 PLUMBING/FIXTURES/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE SINK AND/OR TUB FAUCETS
Page 42
Division of
Code Enforcement
~itp of t!lober
15 Loockcrman Plaza Phone: (302) 736-70 11-
Dover, DE 19901 Fax: (302) 736-4217
OFFICIAL CITATION
Citation# 19-00003253
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
Location of Offen se: 1001 WHITE OAK RD B31
Type of Of fense: ANNUAL HOUS ING INSPECTION
Date o f Offense: Januar y 9, 2020
Time of Offense : 1 3 : 33
Date of Issue: January 9 , 2020
Previ ous Offense , I f a ny - Date:
You are hereby fined for being in violation of the City of Dover Ordinance
marked (X) below . Payment must be receive d b y The City o f Dover Inspections
Dept., 1 5 Looc kerman Pla za , Dover , Delaware pr ior to January 23 , 2 02 0.
Appeal s of thi s ci tation may be submitted in wri ting to the City of Dove r
Inspecti ons Department at the abov e address. This appeal must be made within
30 days of the d ate of the offens e . Failure to pay this fi ne may result in
the City of Dover se eking collections thro ugh an approved collections agenc y
with a co lle ction fee of 35% .
' ..... ,.
If the violation is not corrected, the City res erv~s the right to use its own
res ources or those of a con tra ctor to a bate the below violation {s) and to
bil l the owner of the property f or such cost plu2_ admini ~trative f ees.
Fines will be doubled if not paid within 14 days from the date the
fine was issued or if an appeal is not submitted within 14 days from
the date the fine was issued.
Violation: (X) FAILURE TO INSTALL WORKING SMOKE ALARMS
Sec No: PM 704.2 SMOKE ALARMS
Fine as per code: $400.00
Page 43
Division of
Code Enforcement
q[itp of 1!lober
15 Loockerman Plaza Phone: (302) '736-701 1
Dover, DE 19901 Fax: (302) 736-42 17
FOURTH NOTICE
December 26 , 20 19
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
RE : Property Address : 1001 WHITE OAK RD B31
Tax Pa r cel Number: ED- 05 - 068 . 14 - 05 - 860 . 000 - 012
Case Number : 19 - 00003253
Dear Sir/Madam :
On October 28 , 2019 , Code Enforcemen t Officer Eddie Kopp with the City of
Dover , Department of Inspections conducted an inspection at 1001 WHITE OAK RD
B31 . The inspecti o n revealed one or more City Code Viola ti ons on the
propert y .
Attached are the violat i on(s) found .
A re - inspection has not been scheduled to ensure compliance . Enclosed i s a
second Citation for failure to co rre ct the violation (s). I f the property is
a rental unit , an addi tional $50. 00 re - inspection fee ha s been enclosed .
Citations will double if not paid within 14 days of the issue date. Failure
to comply by January 09, 2020 will result in an additi o nal Citation and if
the property is a rental un it, may resu lt in the suspens i on of the r enta l
li cense .
If yo u have a n y questions or to appea l this notice , please contact this
office at (302) 736 - 7011 .
Sincerely ,
Code Enforcement Officer
cc : File
Page 44
U.S. Postal Service"'
CERTIFIED MAIL® RECEIPT
a- Domestic Mail Only
rn
:::r- For delivery information, visit our website at www.usps.cum ,,_
ru
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Page 45
VIOLATION DETAIL PAGE 1
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
VIOLATION: <>09 QUN~"T '."':'. . 1
DESCRIPTION: 609 ELEC INSPECTION REQUIRED · DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
An electrical inspection is required by a Delaware licensed
electrical inspector.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED:
FAULTY ELECTRICAL EQUIPMENT/FACILITIES - SCHEDULE AN
ELECTRICAL INSPECTION BY A STATE OF DELAWARE AUTHORIZED
ELECTRICAL INSPECTION AGENCY
VIOLATION: 610 QUANTITY: 1
DESCRIPTION: 610 SECURE OPEN ELEC PANEL BOX DATE: 10/28/19
LOCATION: BREAKER BOX
NARRATIVE :
Secure the open breaker box. The empty circuits within the
box should have blanks installed.
ORDINANCE DESCRIPTION :
SECTION PM 604.3 ELECTRICAL SYSTEM/HAZARDS
CORRECTIVE ACTION REQUIRED:
PROPERLY SECURE OPEN ELECTRICAL SERVICE PANEL BOX
VIOLATION: 398 QUANTITY: 1
DESCRIPTION: 398 REPAIR/REPLACE KIT CABINET DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE :
Repair the kitchen cabinet. Under the kitchen sink has
visible holes and damage. The back splash and counter top
needs to be secured to the walls.
ORDINANCE DESCRIPTION :
SECTION PM 305 . 1 BUILDING EQUIPMENT/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE KITCHEN CABINET(S)
VIOLATION: 507 QUANTITY : 1
DESCRIPTION: 507 REPAIR AIR COND SYSTEM DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE:
Page 46
VIOLATION DETAIL PAGE 2
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
NARRATIVE:
Repair:· tfu~ ·i a.ir c or1.d ~t ioni n'.:j ui:d_t_ Thc . :.1:..:it i s r u::: t. E'·c .and
leaking.
ORDINANCE DESCRIPTION:
SECTION PM 603.1 MECHANICAL APPLIANCES
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE AIR CONDITIONING SYSTEM
VIOLATION: 009 QUANTITY: 1
DESCRIPTION: 009 SMOKE DETECTOR(S) DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE:
Install working smoke detectors in the hallway and in each
bedroom. A total of 3 smoke detectors are required .
ORDINANCE DESCRIPTION:
SECTION PM 704.2 SMOKE ALARMS
CORRECTIVE ACTION REQUIRED
INSTALL WORKING SMOKE DETECTOR(S) AT REQUIRED LOCATION(S)
REQUIRED LOCATIONS INCLUDE ONE ON EACH LEVEL TO INCLUDE
BASEMENT AND ATTIC SPACES, ONE IN EACH SLEEPING AREA, ONE
OUTSIDE THE SLEEPING AREA (HALL)
REPAIR/REPLACE ALL NON OPERATIONAL SMOKE DETECTOR(S)
VIOLATION: 604 QUANTITY: 1
DESCRIPTION: 604 REPR FAULTY ELEC APPLIANCE DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE:
Repair or replace the non operating dishwasher.
ORDINANCE DESCRIPTION:
SECTION PM 605.1 ELECTRICAL EQUIPMENT
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE FAULTY OR HAZARDOUS ELECTRICAL APPLIANCE
VIOLATION: 742 QUANTITY: 1
DESCRIPTION: 742 PROVIDE VENTILATION DATE: 10/28/19
LOCATION: BOTH BATHROOMS
NARRATIVE:
Repair or replace the exhaust fan in both bathrooms.
ORDINANCE DESCRIPTION:
SECTION PM 403.2 BATHROOMS AND TOILET ROOMS
CORRECTIVE ACTION REQUIRED:
Page 47
VIOLATION DETAIL PAGE 3
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
CORRECTIVE ACTION REQUIRED:
PROVID~n W;I:NDOW OB- ~!<'f.N.~ :_r;N BATHR0 0t,1 FOf.'.. ~r..nrER VENTIT..l\'I'ION "\ . .- . ~I, , . '<, ,.~.i
OR REIJAIR/REPLACE CURRENT EXHAUST FAN
OR MAKE CURRENT WINDOW OPERATIONAL
VIOLATION: 238 QUANTITY: 1
DESCRIPTION: 238 CAULK BATHTUB OR SHOWER DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE :
Remove all old caulk and apply new caulk around the tub and
shower .
ORDINANCE DESCRIPTION
SECTION PM 504.1 PLUMBING GENERAL
CORRECTIVE ACTION REQUIRED :
CAULK AROUND BATHTUB OR SHOWER
VIOLATION: 220A QUANTITY: 1
DESCRIPTION: 220A CLEAN CARPETING DATE : 10/28/19
LOCATION: ATTENTION
NARRATIVE :
Clean the carpets throughout the home with special attention
to the bedroom .
ORDINANCE DESCRIPTION
SECTION PM 305.1 INTERIOR STRUCTURE GENERAL
CORRECTIVE ACTION REQUIRED:
CLEAN UNSANITARY CARPETING
VIOLATION: 411 QUANTITY: 1
DESCRIPTION: 411 REPAIR WATER FAUCETS DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE :
Repair the knobs to the faucet in the bathroom.
ORDINANCE DESCRIPTION:
SECTION PM 504 . 1 PLUMBING/FIXTURES/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE SINK AND/OR TUB FAUCETS
Page 48
Division of
Code Enforcement
<!itp of !Bober
' }., ,. ~.
- ~· ·,
15 Loockem1a11 ,Plaza Phone: (302)1e'Ot5~"/QJ·Y?J}ft
Dover, DE 19901 Fax: (302) 736-4217
OFFICIAL CITATION
Citation# 19-00003253
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
Locat ion of Offense: 1001 WHITE OAK RD 831
Type of Offense: ANNUAL HOUSING INSPECTION
Date of Offense: December 26, 2019
Time of Offense: 08:35
Date of Issue: December 26 , 2019
Previous Offense, If any - Date:
You are hereby fined for being in violation of the City of Dover Ordinance
marked (X) below. Payment must be received by The City of Dover Inspections
Dept., 15 Loockerman Plaza, Dover , Delaware prior t o January 09, 2020.
Appea ls of this citation may be submitted ii;i. writing to the City of Dover
Inspections Department at the above address. This appeal must be made within
30 days of the date of the offense . Failure to pay thi's fine may result in
the City of Dove r seeking collections through an approyed collections agency
with a collection fe ~ of 35% .
If the violation is not correcte~ , the City reserves thWl right to use its own
resources or tho i e of a contractor to abate the below violation(s) and ' to
bill the owner of the property for such cost plus administrative fees ..
Fines will be doubled if not paid within 14 days from the date the
fine was issued or if an appeal is not submitted within 14 days from
the date the fine was issued. ✓
u~
--
E
Code Enforcement Officer
Violation: (X) FAILURE TO INSTALL WORKING SMOKE DETECTORS
Sec No: PM 704. 2 SMOKE ALARMS
Fine as per code: $200.00
Page 49
Division of
Code Enforcement
Qtitp of ilBober
15 Loockerman Plaza Phone: (302) 736-70 n
Dover, DE 19901 Fax: (302) 736-4217
THIRD NOTICE
December 1 1, 2019
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
RE: Property Address : 1 001 WHITE OAK RD B3 1
Tax Parcel Number : ED-05 - 068 . 14-05 - 860 . 000 - 012
Case Number : 19 - 00003253
Dear Sir/Madam :
On October 28 , 20 1 9 , Code Enforcement Officer Eddie Kopp with the City of
Dover , Department of Inspections conducted an inspection at 1 00 1 WH I TE OAK RD
B31 . The inspection revealed one or more City Code Violations on t he
property.
Attached are the violation(s) found .
A re - inspecti on has not been scheduled . Encl o sed is a Citat ion for failure
to correct the violation(s) . If the property is a rental u ni t , an additional
$50 . 00 re -ins pection fee ha s been enclosed . Citations will double if not
paid within 14 days of the issue date. An additional inspection will be
conducted by December 26, 2019. Failure to comply will result in an
additional citation and if the property is a rental unit , ma y resu lt in the
suspension of the rental license . Contact th is office to schedule your
inspection.
If you have any questions or would like to schedule your inspection or appeal
this notice , please contact this offi ce at (302) 736 - 701 1.
Since rely ,
Code Officer
cc : Fi l e
Page 50
U.S. Postal Service™
CERTIFIED MAIL® RECEIPT
Ir Domestic Mail Only
lJ1
•lJ1
o·
::,
en
~
re i
g
(I)
l' \L -::i
t\q, oJS'?-
JONI A SA
210 GREEN AD /
/ / ..................
DOVER DE 1 9901 ,_
Page 51
VIOLATION DETAIL PAGE 1
CASE NUMBER 19-0000325 3
PROPERTY ADDRESS 1001 WHITE OAK RD B31
VIOLllcTION: 609 .QUI..N'!'ITY: 1
DESCRIPTION: 609 ELEC INSPECTION REQUIRED DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE:
An electrical inspection is required by a Delaware licensed
electrical inspector .
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED:
FAULTY ELECTRICAL EQUIPMENT/FACILITIES - SCHEDULE AN
ELECTRICAL INSPECTION BY A STATE OF DELAWARE AUTHORIZED
ELECTRICAL INSPECTION AGENCY
VIOLATION: 610 QUANTITY: 1
DESCRIPTION: 610 SECURE OPEN ELEC PANEL BOX DATE: 10/28/19
LOCATION: BREAKER BOX
NARRATIVE :
Secure the open breaker box. The empty circuits within the
box should have blanks installed.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM/HAZARDS
CORRECTIVE ACTION REQUIRED:
PROPERLY SECURE OPEN ELECTRICAL SERVICE PANEL BOX
VIOLATION: 398 QUANTITY: 1
DESCRIPTION: 398 REPAIR/REPLACE KIT CABINET DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE:
Repair the kitchen cabinet. Under the kitchen sink has
visible holes and damage. The back splash and counter top
needs to be secured to the walls.
ORDINANCE DESCRIPTION:
SECTION PM 305.1 BUILDING EQUIPMENT /MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE KITCHEN CABINET(S)
VIOLATION: 507 QUANTITY: 1
DESCRIPTION : 507 REPAIR AIR COND SYSTEM DATE: 10 /28/ 19
LOCATION: ATTENTION
NARRATIVE:
Page 52
VIOLATION DETAIL PAGE 2
CASE NUMBER 19 -0 0003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
NARRATIVE :
Repair. ,the air conditioning unit. The unit is rusted and
leaking.
ORDINANCE DESCRIPTION
SECTION PM 603.1 MECHANICAL APPLIANCES
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE AIR CONDITIONING SYSTEM
VIOLATION: 009 QUANTITY: 1
DESCRIPTION: 009 SMOKE DETECTOR(S) DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE:
Install working smoke detector s in the hallway and in each
bedroom . A total of 3 smoke detectors are required .
ORDINANCE DESCRIPTION :
SECTION PM 704.2 SMOKE ALARMS
CORRECTIVE ACTION REQUIRED
INSTALL WORKING SMOKE DETECTOR(S) AT REQUIRED LOCATION(S)
REQUIRED LOCATIONS INCLUDE ONE ON EACH LEVEL TO INCLUDE
BASEMENT AND ATTIC SPACES, ONE IN EACH SLEEPING AREA, ONE
OUTSIDE THE SLEEPING AREA (HALL)
REPAIR/REPLACE ALL NON OPERATIONAL SMOKE DETECTOR(S)
VIOLATION: 604 QUANTITY: 1
DESCRIPTION: 604 REPR FAULTY ELEC APPLIANCE DATE: 10/28 / 19
LOCATION: KITCHEN
NARRATIVE:
Repair or replace the non operating dishwasher.
ORDINANCE DESCRIPTION :
SECTION PM 605.l ELECTRICAL EQUIPMENT
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE FAULTY OR HAZARDOUS ELECTRICAL APPLIANCE
VIOLATION: 742 QUANTITY: 1
DESCRIPTION: 742 PROVIDE VENTILATION DATE: 10/28/19
LOCATION: BOTH BATHROOMS
NARRATIVE:
Repair or replace the exhaust fan in both bathrooms.
ORDINANCE DESCRIPTION :
SECTION PM 403.2 BATHROOMS AND TOILET ROOMS
CORRECTIVE ACTION REQUIRED:
Page 53
VIOLATION DETAIL PAGE 3
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
CORRECTIVE ACTION REQUIRED:
PROVIDE WINDOW QR FAN IN BATHROOM FOR PROPER VENTILATION
OR REPAIR/REPLACE CURRENT EXHAUST FAN
OR MAKE CURRENT WINDOW OPERATIONAL
VIOLATION: 238 QUANTITY: 1
DESCRIPTION: 238 CAULK BATHTUB OR SHOWER DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE:
Remove all old caulk and apply new caulk around the tub and
shower.
ORDINANCE DESCRIPTION
SECTION PM 504.1 PLUMBING GENERAL
CORRECTIVE ACTION REQUIRED:
CAULK AROUND BATHTUB OR SHOWER
VIOLATION: 220A QUANTITY : 1
DESCRIPTION: 220A CLEAN CARPETING DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE:
Clean the carpets throughout the home with special attention
to the bedroom.
ORDINANCE DESCRIPTION
SECTION PM 305.1 INTERIOR STRUCTURE GENERAL
CORRECTIVE ACTION REQUIRED:
CLEAN UNSANITARY CARPETING
VIOLATION: 411 QUANTITY: 1
DESCRIPTION: 411 REPAIR WATER FAUCETS DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE:
Repair the knobs to the faucet in the bathroom.
ORDINANCE DESCRIPTION:
SECTION PM 504.1 PLUMBING/FIXTURES/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE SINK AND/OR TUB FAUCETS
Page 54
Division of
Code Enforcement
<!Citp of 11Bober
15 Loockennan Plaza Phone: (302) 736-7011
Dover, DE I 990 l Fax: (302) 736-4217
OFFICIAL CITATION
Citation# 19 - 00003253
JONI A SAPPLETON
2 10 GREEN BLADE DR
DOVER DE 19901
Location of Offense : 1001 WHITE OAK RD B31
Type of Offense: ANNUAL HOUSING INSPECTION
Date of Offense: December 11, 2019
Time of Offense: 16: 52
Date of Issue : December 11 , 2 019
Previous Offe n se , If any - Date:
You are hereby fined for being in violation of the City of Dover Ordinance
marked (X) below. Payment must be received by The City of Dover Inspections
Dept., 15 Loockerman Plaza , Dover , Delaware prior to December 26 , 20 19.
Appeals of t hi s ci tation may be submitted in writing to the City of Dover
In spections Department at the above address. This appeal must be made within
30 days of the date of the offense . Failure to pay this fine may result in
the City of Dover seeking collections through an approved collections agency
with a collection fee of 35 %.
If the violation is not corrected , the City reserves the right to use its own
resources or those of a cont ract or to abate th e below violation (s) and to
bill the owner of the property for such cost plus admi nistrative fees .
Fines will be doubled i f not paid wi thi n 14 days from the date the
fine was issued or if an appeal is not submitted within 14 days from
the date the fine was issued.
Vi ola ti on : (X) FAILURE TO I NTALL WORKING SMOKE DE TECTORS
Sec No: PM 704 . 2 SMOKE ALARMS
Fine as per code: $100.00
Page 55
Division of
Code Enforcement
Qtitp of 7!\ober
15 Loockennan Plaza Phorie: (302:; './36-?0U
Dover, DE 1990 1 Fax: (302) 736-4217
SECOND NOTICE
November 27 , 2019
JONI A SAPPLETON
2 10 GREEN BLADE DR
DOVER DE 19901
RE : Property Address : 1001 WHITE OAK RD B31
Tax Parcel Number : ED-05 - 068 . 14-05-860 . 000-012
Case Number: 19 - 00003253
Dear Sir/Madam :
On October 28 , 20 1 9 , Code Enforcement Officer Eddie Kopp with the City o f
Dover , Department of Inspections conducted an inspection at 1001 WHITE OAK RD
831 . The inspection revealed one or more City Code Violati ons on the
property.
Attached are the violation(s) f ound .
A follow up inspection was conducted and the violation(s) still remain .
Failure to have the property brought into compliance with the City Codes by
December 11, 2019 will result in a citation being issued , and if the property
is a rental unit , may result in suspension of the rental license . Fines may
be as high as $1 , 000 . 00 per day for each day that the vio lation exists .
Pl ease con t act th i s off ice with a date and time to conduct your re-
inspection. You are not required to contact this off ice if the r e -inspect i on
is for an exterior violation . If you have any questions or would like to
schedule your inspection or appeal this notice , please co nta ct me at (302)
736 - 7011.
Sincere l y ,
Code Enforcement Officer
cc: File
Page 56
VIOLATION DETAIL PAGE 1
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
VIO!c.ATIO/\:: r; 0 9 . QTJ[, N'J.'I'~Y:
DESCRIPTION: 609 ELEC INSPECTION REQUIRED DATE: 10/28 / 19
LOCATION: ATTENTION
NARRATIVE:
An electrical inspection i s required by a Delaware licensed
electrical inspector.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED :
FAULTY ELECTRICAL EQUIPMENT /FAC ILITIES - SCHEDULE AN
ELECTRICAL INSPECTION BY A STATE OF DELAWARE AUTHORIZED
ELECTRICAL INSPECTION AGENCY
VIOLATION: 610 QUANTITY: 1
DESCRIPTION: 610 SECURE OPEN ELEC PANEL BOX DATE: 10/28/19
LOCATION: BREAKER BOX
NARRATIVE :
Secure the open breaker box. The empty circuits within the
box should have blanks installed.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM/HAZARDS
CORRECTIVE ACTION REQUIRED:
PROPERLY SECURE OPEN ELECTRICAL SERVICE PANEL BOX
VIOLATION: 398 QUANTITY: 1
DESCRIPTION: 398 REPAIR/REPLACE KIT CABINET DATE : 10 /28/19
LOCATION: KITCHEN
NARRATIVE:
Repair the kitchen cabinet. Under the kitchen s ink has
visible holes and damage. The back splash and counter top
needs to be secured to the walls .
ORDINANCE DESCRIPTION:
SECTION PM 305.1 BUILDING EQUIPMENT/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE KITCHEN CABINET(S)
VIOLATION: 507 QUANTITY: 1
DESCRIPTION: 507 REPAIR AIR COND SYSTEM DATE: 10 /28/ 19
LOCATION: ATTENTION
NARRATIVE :
Page 57
VIOLATION DETAIL PAGE 2
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
NARRATIVE :
Repair. . the .air conditioning unit . The upit is rusted ar1d
leaking: ·
ORDINANCE DESCRIPTION:
SECTION PM 603.1 MECHANICAL APPLIANCES
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE AIR CONDITIONING SYSTEM
VIOLATION: 009 QUANTITY: 1
DESCRIPTION: 009 SMOKE DETECTOR(S) DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
Install working smoke detectors in the hallway and in each
bedroom. A total of 3 smoke detectors are required .
ORDINANCE DESCRIPTION:
SECTION PM 704.2 SMOKE ALARMS
CORRECTIVE ACTION REQUIRED
INSTALL WORKING SMOKE DETECTOR(S) AT REQUIRED LOCATION(S)
REQUIRED LOCATIONS INCLUDE ONE ON EACH LEVEL TO INCLUDE
BASEMENT AND ATTIC SPACES, ONE IN EACH SLEEPING AREA, ONE
OUTSIDE THE SLEEPING AREA (HALL)
REPAIR/REPLACE ALL NON OPERATIONAL SMOKE DETECTOR(S)
VIOLATION: 604 QUANTITY: 1
DESCRIPTION: 604 REPR FAULTY ELEC APPLIANCE DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE :
Repair or replace the non operating dishwasher.
ORDINANCE DESCRIPTION:
SECTION PM 605.1 ELECTRICAL EQUIPMENT
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE FAULTY OR HAZARDOUS ELECTRICAL APPLIANCE
VIOLATION: 742 QUANTITY: 1
DESCRIPTION : 742 PROVIDE VENTILATION DATE: 10/28/19
LOCATION: BOTH BATHROOMS
NARRATIVE :
Repair or replace the exhaust fan in both bathrooms.
ORDINANCE DESCRIPTION:
SECTION PM 403.2 BATHROOMS AND TOILET ROOMS
CORRECTIVE ACTION REQUIRED:
Page 58
VIOLATION DETAIL PAGE 3
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
CORRECTIVE ACTION REQUIRED:
PRCVIDE WI NDOW OR FMl IN BATl!P..OOM FOP.. l?f0PFR VF:NTILAT;r.ON
OR REPAIR/REPLACE CURRENT EXHAUS'l' FAN
OR MAKE CURRENT WINDOW OPERATIONAL
VIOLATION: 238 QUANTITY: 1
DESCRIPTION: 238 CAULK BATHTUB OR SHOWER DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE:
Remove all old caulk and apply new caulk around the tub and
shower.
ORDINANCE DESCRIPTION
SECTION PM 504.1 PLUMBING GENERAL
CORRECTIVE ACTION REQUIRED:
CAULK AROUND BATHTUB OR SHOWER
VIOLATION: 220A QUANTITY: 1
DESCRIPTION: 220A CLEAN CARPETING DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE:
Cl ean the carpets throughout the home with special attention
t o the bedroom.
ORDINANCE DESCRIPTION
SECTION PM 305.1 INTERIOR STRUCTURE GENERAL
CORRECTIVE ACTION REQUIRED:
CLEAN UNSANITARY CARPETING
VIOLATION: 411 QUANTITY: 1
DESCRIPTION: 411 REPAIR WATER FAUCETS DATE: 10/28/19
LOCATION: BATHROOM
NARRATIVE :
Repair the knobs to the faucet in the bathroom.
ORDINANCE DESCRIPTION:
SECTION PM 504.l PLUMBING/ FIXTURES / MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE SINK AND/OR TUB FAUCETS
Page 59
Division of q[itp of lJBober
Code Enforcement
15 Loockerman Plaza Phone: (302/736 ,t;L :,; :·
Dover, DE 19901 Fax: (302) 736-4217
October 28 , 20 19
JONI A SAPPLETON
1001 WHITE OAK ROAD 831
DOVER DE 19901
RE : Prope r ty address : 1001 WHI TE OAK RD 831
Tax Parcel Number: ED-05-068 . 14-05-860 . 000 - 012
Case Number : 19-00003253
Dear Sir/Madam :
On October 28 , 2019 , Code Enforcement Officer Eddie Kopp with the City of
Dover , Department of Inspections conducted an inspecti on at 1001 WHITE OAK RD
83 1.
Attac hed are t he Code violat i ons found during the inspection .
A fo ll ow up inspection must be conducted by November 27, 2019, to ens ure
complian ce .
Please con t a c t this office with a date and time convenient f or you to conduct
the re-in spect ion. I f you ha ve any questions or would like to schedule your
inspec ti on or appeal this notice , please contact me at (302) 736 - 7011 .
Sincerely ,
Code Officer
cc : File
Page 60
VIOLATION DETAIL PAGE 1
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
'JIOLl'.TION· 609 .QUA~TT!T'.[: 1
DESCRIP:T ION: 609 ELEC INSPECTION REQUIRED DAT!,;: 10/28/19
LOCATION : ATTENTION
NARRATIVE:
An electrical inspection is required by a Delaware licensed
electrical inspector .
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM HAZARDS
CORRECTIVE ACTION REQUIRED:
FAULTY ELECTRICAL EQUIPMENT/FACILITIES - SCHEDULE AN
ELECTRICAL INSPECTION BY A STATE OF DELAWARE AUTHORIZED
ELECTRICAL INSPECTION AGENCY
VIOLATION: 610 QUANTITY: 1
DESCRIPTION: 610 SECURE OPEN ELEC PANEL BOX DATE: 10/28/19
LOCATION: BREAKER BOX
NARRATIVE:
Secure the open breaker box. The empty circuits within the
box should have blanks installed.
ORDINANCE DESCRIPTION:
SECTION PM 604.3 ELECTRICAL SYSTEM/HAZARDS
CORRECTIVE ACTION REQUIRED:
PROPERLY SECURE OPEN ELECTRICAL SERVICE PANEL BOX
VIOLATION: 398 QUANTITY: 1
DESCRIPTION: 398 REPAIR/REPLACE KIT CABINET DATE : 10/28/19
LOCATION: KITCHEN
NARRATIVE:
Repair the kitchen cabinet. Under the kitchen sink has
visible holes and damage. The back splash and counter top
needs to be secured to the walls.
ORDINANCE DESCRIPTION:
SECTION PM 305.1 BUILDING EQUIPMENT/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE KITCHEN CABINET(S)
VIOLATION: 507 QUANTITY: 1
DESCRIPTION: 507 REPAIR AIR COND SYSTEM DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
Page 61
VIOLATI ON DETAIL PAGE 2
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
NARRATIVE :
F?.0.p;.::1 :i.J,· t:·1e r:i.Lr cc~n.d i ti. o n i n ':; i..:'.nj_ t.. 'I'rE > t:,:: :it :i ::; , .::.-i::..,; tJ: d J.~.d .. · · . . ..1
leai<irig .
ORDINANCE DESCRIPTION
SECTION PM 603.1 MECHANICAL APPLIANCES
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE AIR CONDITIONING SYSTEM
VIOLATION: 009 QUANTITY: 1
DESCRIPTION: 009 SMOKE DETECTOR(S) DATE: 10/28/19
LOCATION: ATTENTION
NARRATIVE :
Install working smoke detectors in the hallway and in each
bedroom. A total of 3 smoke detectors are required.
ORDINANCE DESCRIPTION:
SECTION PM 704.2 SMOKE ALARMS
CORRECTIVE ACTION REQUIRED
INSTALL WORKING SMOKE DETECTOR(S) AT REQUIRED LOCATION(S)
REQUIRED LOCATIONS INCLUDE ONE ON EACH LEVEL TO INCLUDE
BASEMENT AND ATTIC SPACES, ONE IN EACH SLEEPING AREA, ONE
OUTSIDE THE SLEEPING AREA (HALL)
REPAIR/REPLACE ALL NON OPERATIONAL SMOKE DETECTOR(S)
VIOLATION: 604 QUANTITY: 1
DESCRIPTION : 604 REPR FAULTY ELEC APPLIANCE DATE: 10/28/19
LOCATION: KITCHEN
NARRATIVE :
Repair or replace the non operating dishwasher.
ORDINANCE DESCRIPTION:
SECTION PM 605.1 ELECTRICAL EQUIPMENT
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE FAULTY OR HAZARDOUS ELECTRICAL APPLIANCE
VIOLATION: 742 QUANTITY: 1
DESCRIPTION: 742 PROVIDE VENTILATION DATE: 10/28/19
LOCATION: BOTH BATHROOMS
NARRATIVE :
Repair or replace the exhaust fan in both bathrooms.
ORDINANCE DESCRIPTION:
SECTION PM 403 . 2 BATHROOMS AND TOILET ROOMS
CORRECTIVE ACTION REQUIRED:
Page 62
VlOLATION DETAIL PAGE 3
CASE NUMBER 19-00003253
PROPERTY ADDRESS 1001 WHITE OAK RD B31
CORRECTIVE ACTION REQUIRED:
?I"<C1V~:nr:: ~y'~·-1:N·.nc•v,;~· ·. (_51"( '~F.::\r-!•·' :!:N" B ~:-J· 1HR.')•.)J"'1 FOR 1 ·,p~:or<?r~ -~n:~::'.}}J,l!/.'.'J?TC'N-.:
OR REPAIR/REPLACE CURRENT EXHAUST FAN
OR MAKE CURRENT WINDOW OPERATIONAL
VIOLATION: 238 QUANTITY: 1
DESCRIPTION: 238 CAULK BATHTUB OR SHOWER DATE: 10 /28/19
LOCATION: BATHROOM
NARRATIVE:
Remove all old caulk and apply new caulk around the tub and
shower.
ORDINANCE DESCRIPTION
SECTION PM 504.1 PLUMBING GENERAL
CORRECTIVE ACTION REQUIRED:
CAULK AROUND BATHTUB OR SHOWER
VIOLATION: 220A QUANTITY: 1
DESCRIPTION: 220A CLEAN CARPETING DATE: 10 /28/19
LOCATION: ATTENTION
NARRATIVE:
Clean the carpets throughout the home with special attention
to the bedroom.
ORDINANCE DESCRIPTION
SECTION PM 305.1 INTERIOR STRUCTURE GENERAL
CORRECTIVE ACTION REQUIRED:
CLEAN UNSANITARY CARPETING
VIOLATION: 411 QUANTITY: 1
DESCRIPTION : 411 REPAIR WATER FAUCETS DATE: 10 /28/19
LOCATION: BATHROOM
NARRATIVE:
Repair the knobs to the faucet in the bathroom.
ORDINANCE DESCRIPTION:
SECTION PM 504 . l PLUMBING/FIXTURES/MAINTENANCE
CORRECTIVE ACTION REQUIRED:
REPAIR OR REPLACE DEFECTIVE SINK AND/OR TUB FAUCETS
Page 65
i,1\1' of
~~~""*l,,···)
- • ,::,.
.. • LL·I.. ~•ob.
Division of <!Citp of ,' 1r.. '.;J; ,f.--~.S\· i)ober
IL'I • :· f
Code Enforcement . •~.;,··
,•
~~,r-x Phone: (302) 736-7011
15 Loockerman Plaza d,i.nuJ\C
Dover, DE 19901 Fax: (302) 736-4217
October 28 , 2019
JONI A SAPPLETON
1001 WHITE OAK ROAD B3 1
DOVER DE 19901
RE : Property address: 1001 WHITE OAK RD B31
Tax Parcel Number : ED- 05-068 . 14-05-860 . 000-012
Case Number : 19-000032 52
Dear Sir/Madam :
On October 28 , 2019 , Code Enforcement Off i cer Eddie Kopp wi th the City o f
Dover , Department of Inspections, while review i ng all coded renta l properties
within the city limits, has found that the above property has no c u rrent
rental l icense .
Attached is the Code Vi olation found during our review .
To correct any discrepancies with your li cense , or to update informati on ,
please contact this office with your license information . If you do not have
a City of Dover Rental License, please complete the enc l osed application and
submit by October 30, 2019, t o avoid penalties and fin es .
If you have any questions or wou l d like to contact this office , or appeal
this notice, please contact me at (302 ) 736 - 7011 .
Sincerely,
Code Enforcement Officer
cc : File
,: I
Page 66
Division of
Code Enforcement
<!Citp of t!lober
15 Loockennan Plaza Phone: (302) 736-7011 ·.
Dover, DE 1990 I Fax: (302) 736-42 17
SECOND NOTICE
November 27, 2019
JONI A SAPPLETON
210 GREEN BLADE DR
DOVER DE 19901
RE : Property Address : 1001 WHITE OAK RD B31
Tax Parcel Number : ED-05 - 068 . 14-05-860.000-012
Case Number : 19-00003252
Dear Sir/Madam:
On October 28 , 2019 , Code Enforcement officer Eddie Kopp with the City of
Dover , Department of Inspections conducted an inspection at 1001 WHITE OAK RD
B31 . The inspecti on revealed one or more City Code Violations on the
property .
Attached are the violation(s) found .
A follow up inspection was conducted and the violation(s) still remain .
Failure t o have the property brought int o compliance with the City Codes by
December 04, 2019 will r esult in a citati on being issued , and if the property
is a rental unit , may result in suspension of the rental license . Fines may
be as high as $1 , 000 . 00 per day for each day that the violation exists.
Please contact this office with a date and time to conduct your re -
inspection. You are not required to contact 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 this notice , please contact me at ( 302)
736 - 7011.
Sincerely,
r'
cc : File
Page 67
1124/2020 Dover, DE Code of Ordinances
Sec. 22-351 . - Generally.
(a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental
dwelling without obtaining a permit from the licensing division of the department of planning
and inspections in order to determine compliance with the appropriate provisions of this
article. The permit shall expire annually on January 31. The fee for the annual permit sha ll be
as provided for in Appendix F-Fees and Fines. The permit fee for rental dwelling permits
issued after January 31st will be prorated from the date the permit is issued until the next
January 31st.
(b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling
without first obtaining an annual permit therefor from the licensing division of the
department of planning and inspections in order to determine compliance with the
appropriate provisions of this article. The permit shall expire annually on January 31, and the
fee for the annual permit sha ll be as provided for in Appendix F-Fees and Fines. The permit
fee for rental dwelling permits issued after January 31st will be prorated from the date the
permit is issued until the next January 31st.
(c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date
due, then the permittee shall incur a penalty fee as provided for in Appendix F-Fees and
Fines until the same is paid.
(d) Reinstatement fee. An owner whose permit has been suspended in accordance with section
22-352 shall pay a reinstatement fee as provided for in Appendix F-Fees and Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date
a notice thereof is mailed to the owner, then such fees shall be entered in the municipal lien
docket as a lien owing the city; and the same may be turned over to the city solicitor for
collection.
(f) Utilities. The owner or occupant of any rental unit sha ll not be entitled to receive city utilities
until the permit fee required in this section is paid in full and city personnel shall refuse to
provide sewage, water and electricity to the property until satisfactory proof is furnished that
such permit fee has been paid.
(Code 1981 , § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-2013)
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Page 68
1/24/2020 Dover. DE Code of Ordinances
Sec. 22-331. - Purpose; applicability; definitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety and welfare
insofar as they are affected by the continued occupancy and maintenance of dwellings
operated for lease to the public. The health, safety and welfare of the occupants of the
dwellings are of the utmost importance to the city, as is the general community character in
which these dwelling units are located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating to
rental dwellings. Where, in this article, different sections of this Code may specify different
requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms and phrases, wh en used in this article, shall have the
meanings ascribed to them in this subsection, except where the context clearly indicates a
different meaning:
(1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, (b)
Class A misdemeanor, or (c) any of the following offenses: any drug offense defined by
Title 16 of the Delaware Code, and the following misdemeanors in addition to any Class
A misdemeanor, as defined by Title 11 of the Delaware Code: § 601-Offensive
touching, § 602-Menacing, § 628-Vehicular assault 3, § 763-Sexual hara ssment,§
764-lndecent exposure, § 811-Criminal mischief, § 812-Graffiti, § 820-Trespassing,
§ 821 /2/3-Criminal trespassing, § 11 OS-Crime against a vulnerable adult,§ 1106-
Unlawfully dealing with a child , § 1301-Disorderly conduct, § 1313-Malicious
interference with emergency communications, § 1315-Public intoxication, § 1321-
Loitering, § 1322-Criminal nuisance,§ 1323-Obstructing of public passage, § 1341-
Lewdness, § 1342-Prostitution, § 1343-Patronizing a prostitute,§ 1445-Unlawfully
dealing with a dangerous weapon, § 1446-Unlawfully dealing with a switchblade knife.
(2) Dwelling unit means a single unit providing complete independent living facilities for
one or more persons, including permanent provisions for living, sleeping, eating,
cooking and sanitation.
(3) Multiple-family dwellings means dwelling units operated as a group, and located in the
same building. This shall include apartments, roominghouses, condominium dwelling
units, and accessory apartments located within structures principally used for owner
occupancy.
(4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or
persons in exchange for monetary payment or provision of goods or services to the
owner of the dwelling unit.
(5) Single-family dwellings means dwelling units operated singly, and separated from other
units. In general, this definition shall apply to single-family detached dwellings; mobile
homes and manufactured homes; and attached units, including duplexes and
1/2
Page 69
1/24/2020 Dover, DE Code of Ordinances
townhouses.
(d) Compliance required. No person shall operate, occupy or let to another for occupancy any
dwelling which is not in compliance with the International Property Maintenance Code
adopted in section 22-221 and all other applicable codes.
(Code 1981, § 10-86; Ord. of 4-10-2000; Ord . No. 2013-04, 4-8-2013; Ord. No. 2016-16 8-8-2016)
2/2
Page 70
1/24/2020 Dover, DE Code of Ordinances
Sec. 22-221. - Adopted .
(a) A certain document, three copies of which are on file in the licensing and permitting office of
the city, being marked and designated as "The International Property Maintenance Code,
2009" as published by the International Code Council, be and is hereby adopted as the
Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of
buildings and structures as herein provided; and each and all of the regulations, provisions,
penalties, conditions and terms of said property maintenance code are hereby referred to,
adopted, and made a part hereof, as if fully set out in this section, with the following
additions, insertions, deletions and changes:
Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"
SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Bui lding Regu lations, Article I - In
General, Sec. 22-1 Construction and property maintenance code board of appea ls.
Section 304. 14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]" .
Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]".
Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to
[date]".
(b) It shall be unlawful for any person to violate any of the provisions of the publication adopted
in subsection (a).
(Code 1981 , § 10-1; Ord. of7-10-1989; Ord. of4-25-1994; Ord . of1-27-1997; Ord . of3-13-2000; Ord . of4-11-
2005(7); Ord. of 4-14-2008; Ord . No. 2010-02, 5-10-20 1O; Ord. No. 2016-19, 8-22-2016)
1/1