CPMCBA PACKET REVISED
Construction and Property Maintenance Code Board of Appeals. Apr 15, 2021.
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Page 1
CITY OF DOVER, DELAWARE
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF
APPEALS
Thursday, April 15, 2021 at 4:00 PM
Virtual via WebEx
AGENDA
Revised to change meeting time from 3:30 PM to 4:00 PM
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/twilkb
Event number: 129 647 6220
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting
starts.
ADOPTION OF AGENDA
1. Property Maintenance Code Violation (Chapter 114 - Vegetation - Article I - In General,
Section 114.2(h)(2) - Pruning and removal) - Appeal of Citation - 897 Woodcrest Drive
(Robert Revels)
ADJOURNMENT
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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Page 2
Dover, DE Code of Ordinances Page 2 of3
Item 1.
30 feet to any street corner and no closer than ten feet to any fireplug.
(g) Utilities. Only trees listed as small to medium shall be planted under power lines; and
no trees shall be planted within five feet of any underground water line, sewer line,
transmission line or other utility.
Prunmg CJnaremovaZ
(1) It shall be unlawful as a normal practice for any person to top any street or public
tree. For the purposes of this subsection, the term "topping" means the severe
cutting back of limbs to stubs larger than three inches in diameter within the tree's
crown to such a degree so as to remove the normal canopy and disfigure the tree.
Trees severely damaged by storms or other causes or certain trees under utility
wires may be exempted from this subsection at the determination of the
superintendent of grounds.
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(3) All cuts shall be made with a saw or pruner and only at the nodes or crotches. No
stubs shall be left.
(4) All dead, crossed and rubbing branches shall be removed.
(5) All tools being used on a tree suspected to be infected with a contagious disease
shall be disinfected before being used on another tree.
(6) Whenever streets are to be blocked off to public service, the police and fire
departments shall be notified of the location and length of time the street will be
blocked.
(7) The stumps of all removed trees shall be cut to at least three inches below ground
level.
(i) Spraying.
(1) Suitable precautions shall be taken to protect the public when spraying is being
done.
(2) Spraying shall be done only for the control of specific diseases or insects with the
proper materials in the necessary strength and applied at the proper time to obtain
the desired control. All spraying practices shall conform to federal and state
regulations.
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about:blank 3/24/2021
Page 3
Item 1.
City of Dover
March 26, 2021
Mr. Robert Revels
897 Woodcrest Drive
Dover, DE 19904
Re: Appeal of Violation #21-00000334 - 897 Woodcrest Drive, Dover, Delaware
Mr. Revels:
I have received your request to appeal the violation of the Dover City Code of Ordinances - Chapter 114 - Vegetation - Article
1 - In General, Section 114.2(h)(2) at 897 Woodcrest Drive, Dover Delaware. Section 114.2(h)(2) of the Dover Code states
the following:
Section 114.2(h)(2) Pruning and removal.
114.2(h)(2) All large or established trees shall be pruned to the following sufficient heights to allow the free passage
of pedestrians and vehicular traffic:
a. Eight feet over sidewalks; and
b. Fourteen feet over streets.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Thursday,
April 15, 2021 at 3:30 p.m. to hear your appeal. This meeting will be held through WebEx and may be accessed through a
computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting.
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.
Dial: 1-408-418-9388
Link: https://rb.gy/twilkb
Event Number/Access Code: 129 647 6220
Event Password: DOVER
Sincerely,
Megan Ramsey
Administrative Assistant
TAM/mr
S:\APPEALS\2021\6. 897 Woodcrest Drive - Appeal - Robert Revels - Trees\Receipt of Appeal - Pruning and Removal - 897 Woodcrest Drive.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Eddie Kopp, Inspector
Velvet Bowen, Inspector
P.O. Box 475 Dover, Delaware 19903 3
Community Excellence Through Quality Service
Page 4
Item 1.
From: Revels, Robert (DTI)
To: City Clerks Office
Subject: Appeal of Code Violation Case Number 21-00000334
Date: Wednesday, March 24, 2021 1:20:17 PM
To: City of Dover
Division of Code Enforcement
From: Robert Revels
897 Woodcrest Drive
RE: Appeal of Code Violation 726
Case Number 21-00000334
This is an Appeal of Code Violation 726 and the ensuing fine of $50 based on insufficient notice of
the violation and deadline.
Here are the facts as known by the owner, Robert Revels.
1. I trimmed my trees on August 2020 after the tornado. Please note the two photos attached
labeled “August 2020 Tree Trimming”.
2. The first Notice of Violation was generated by the Division of Code Enforcement on January
29, 2021. I did not receive the letter, sent via US Mail, until the end of February. That did not
allow me time to satisfy the compliance date of February 17. Please note the inspection
photo attached labeled “Pre-Trimming”.
3. A second Notice was generated by the City on February 17 which gave a second compliance
deadline of March 10. I received that Notice, sent via US Mail, in mid-March but after that
deadline had already passed.
4. A Certified Letter was issued on March 10 that levied a fine of $50 to be paid prior to March
25. I got the letter but nobody in the household signed for it. I would like to know who
signed for that Certified Letter.
5. I completed all findings of the Code Violation by March 16. Please note the photo attached
labeled “3-16-2021 Tree Trimming Completed”.
6. The delay in receiving the Notices sent via US Mail did not allow sufficient time for me to
satisfy the Code Violation by the February 17 and March 10 compliance deadlines.
I have lived at 897 Woodcrest Drive since 1972 and I have always maintained my property well. I
have never been cited for any violations in all those years. Had I known about the violation in a
timely manner, I would have certainly complied by the deadline. The inadequacy of US Mail delivery
is at fault for my inability to comply by the deadline.
The Violation has been corrected and I appeal to the City to waive the $50 fine based on
circumstances beyond my control.
Thank you for your consideration,
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Page 5
Item 1.
Robert G. Revels Jr.
Rob Revels
DTI
Phone 302.739.9603
Fax 302.677.7019
5
Page 10
Item 1.
Division of ([itp of mober
Code Enforcement
15 Loockerman Plaza Phone: (302) 736-7011
Dover, DE 19901 Fax: (302) 736-4217
January 29, 2021
ROBERT G JR REVELS
897 WOODCREST DR
DOVER DE 19904
RE: Property address: 897 WOODCREST DR
Tax Parcel Number: ED-05-067.11-01-380.000-000
Case Number: 21-00000334
Dear Sir/Madam:
On January 29, 2021, Code Enforcement Officer Velvet Bowen from the City of
Dover, Department of Inspections conducted an inspection at 897 WOODCREST DR.
Attached are the Code violations found during the inspection.
A follow up inspection must be conducted by February 17, 2021, to ensure
compliance.
If you have any questions or would like to appeal this notice, please contact
me at (302) 736-7011.
If a Citation is enclosed it must be paid for within 14 days of issued date
or it automatically doubles.
Sincerely,
VELVET BOWEN
Code Enforcement Officer
cc: File
7
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Page 11
VIOLATION DETAIL PAGE 1
. Item 1.
CASE N'uMBER 21-00000334
PROPERTY ADDRESS 897 WOODCREST DR
VIOLATION: 726 QUANTITY: 1
DESCRIPTION: 726 PRUNE TREES/SHRUBS DATE: 1/29/21
LOCATION: ALLEY
NARRATIVE :
Cut back all trees and shrubbery to provide an 8 clearance
over all points of the sidewalk.
ORDINANCE DESCRIPTION :
DCO SECTION 114-2 (h) (2)
CORRECTIVE ACTION REQUIRED :
PRUNE TREES/SHRUBS TO ALLOW FREE PASSAGE.
All large or established trees shall be pruned to the
following sufficient heights to allow the free passage of
pedestrians and vehicular traffic:
a.
Eight feet over sidewalks; and
b.
Fourteen feet over streets.
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Page 12
Item 1.
9
Page 13
Item 1.
Division of
Code Enforcement
qcttp of mober
15 Loockennan Plaza Phone: (302) 736-70 II
Dover, DE 19901 Fax: (302) 736-4217
SECOND NOTICE
February 17, 2021
ROBERT G JR REVELS
897 WOODCREST DR
DOVER DE 19904
RE: Property Address: 897 WOODCREST DR
Tax Parcel Number: ED-05-067.11-01-380.000-000
Case Number: 21-00000334
Dear Sir/Madam:
On January 29, 2021, Code Enforcement Officer Velvet Bowen from the City of
Dover, Department of Inspections conducted an inspection at 897 WOODCREST DR.
The inspection 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 to have the property brought into compliance with the City Codes by
March 10, 2021 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 violation exists.
If you have any questions or would like to appeal this notice, please contact
me at (302) 736-7011.
If a citation is enclosed it must be paid within 14 days of issued date or it
automatically doubles.
Sincerely,
VELVET BOWEN
Code Enforcement Officer
cc: File
10
~ommunitp Qfxct[lence ijJ;brougb ~ualitp ~erbi(e
Page 14
VIOLATION DETAIL PAGE 1
,.. Item 1.
CASE NUMBER 21-00000334
PROPERTY ADDRESS 897 WOODCREST DR
VIOLATION: 726 QUANTITY: 1
DESCRIPTION: 726 PRUNE TREES/SHRUBS DATE: 1/29/21
LOCATION: ALLEY
NARRATIVE :
Cut back all trees and shrubbery to provide an 8 clearance
over all points of the sidewalk.
ORDINANCE DESCRIPTION :
DCO SECTION 114-2 (h) (2)
CORRECTIVE ACTION REQUIRED :
PRUNE TREES/SHRUBS TO ALLOW FREE PASSAGE.
All large or established trees shall be pruned to the
following sufficient heights to allow the free passage of
pedestrians and vehicular traffic:
a.
Eight feet over sidewalksi and
b.
Fourteen feet over streets.
11
Page 15
Item 1.
12
Page 16
Item 1.
u.s. Postal ServiceTM
CERTIFIED M}i\ILTMRECEIPT
ru (Domestic Mail Only; No Insurance Coverage Provided)
ru
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13
Page 17
Item 1.
Division of QCitp of ' mober
Code Enforcement
15 Loockerman Plaza Phone: (302) 736-7011
Dover, DE 19901 Fax: (302) 736-4217
OFFICIAL CITATION
Citation # 21-00000334
ROBERT G JR REVELS
897 WOODCREST DR
DOVER DE 19904
Location of Offense: 897 WOODCREST DR
Type of Offense: DOVER CODE OF ORDI~ANCES
Date of Offense: March 10, 2021
Time of Offense: 15:24
Date of Issue: March 10, 2021
Previous Offense, If any - Date: 2/17/2021 & 1/29/2021
You are hereby fined for being in vi.olation 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 March 25, 2021.
Appeals of this citation may be submitted in writing to the City of Dover
Inspections Department at the above ajdress. 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 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.
VELVET BOWEN
Code Enforcement Officer
Violation: (X) FAILURE TO PRUNE TREES OVER SIDEWALK.
Sec No: DCO 114-2 (h) (2)
Fine as per code: $50.00
14
q[ommunitp ~X(eUen(e mbrougb ~ualitp ~el'tJi(e
Page 18
Item 1.
Division of
Code Enforcement
QCitp of 11Bober
15 Loockerman Plaza Phone: (302) 736-701 I
Dover, DE 1990 I Fax: (302) 736-4217
THIRD NOTICE
March 10, 2021
ROBERT G JR REVELS
897 WOODCREST DR
DOVER DE 19904
RE: Property Address: 897 WOODCREST DR
Tax Parcel Number: ED-05-067.11-01-380.000-000
Case Number: 21-00000334
Dear Sir/Madam:
On January 29, 2021, the City of Dover, Department of Inspections conducted
an inspection at 897 WOODCREST DR. The inspection revealed one or more City
Code Violations on the property.
Attached are the violation(s) found.
A re-inspection revealed that the violation(s)remain. Enclosed is a
Citation for failure to correct the violation(s) If the property is a
rental unit, an additional $50.00 re-inspection
fee has been enclosed.
Citations will double if not paid within 14 days of the issue date. An
additional inspection will be conducted by April 01, 2021. Failure to comply
will result in an additional citation and if the property is a rental unit,
may result in the suspension of the rental license. Contact this office to
schedule your inspection.
If you have any questions or would like to schedule your inspection or appeal
this notice, please contact this office at (302) 736-7011.
Sincerely,
VvJNit /. ~
VELVET BOWEN
Code Enforcement Officer
cc: File
15
QI:ommunitp ~x(£lleJt(e 'Orbrougb <!aualitp ~ertJi(e
Page 19
VIOLATION DETAIL PAGE 1
Item 1.
CASE NUMBER 21-00000334
PROPERTY ADDRESS 897 WOODCREST DR
VIOLATION: 726 QUANTITY: 1
DESCRIPTION: 726 PRUNE TREES/SHRUBS DATE: 1/29/21
LOCATION: ALLEY
NARRATIVE :
Cut back all trees and shrubbery to provide an 8 clearance
over all points of the sidewalk.
ORDINANCE DESCRIPTION :
DCO SECTION 114-2 (h) (2)
CORRECTIVE ACTION REQUIRED :
PRUNE TREES/SHRUBS TO ALLOW FREE PASSAGE.
All large or established trees shall be pruned to the
following sufficient heights to allow the free passage of
pedestrians and vehicular traffic:
a.
Eight feet over sidewalks; and
b.
Fourteen feet over streets.
16
Page 20
Item 1.
17