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Construction and Property Maintenance Code Board of Appeals. Jun 2, 2021.
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Page 1
CITY OF DOVER, DELAWARE
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF
APPEALS
Wednesday, June 02, 2021 at 3:30 PM
Virtual via WebEx
AGENDA
VIRTUAL MEETING NOTICE
This meeting will be held electronically. Public participation information is as follows:
Dial: 1-408-418-9388
Link: https://rb.gy/ovcb2t
Event number: 173 402 9358
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 II - Weeds,
Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 44 South Governors
Avenue (Nicholas P. Calvano)
2. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds,
Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 61 Stoney Drive
(Takina Israel)
3. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds,
Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 714 Marta Drive
(Tajesh Patel)
4. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds,
Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 968 South Little
Creek Road (Ebonie Taylor)
ADJOURNMENT
1
Page 2
CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS - June 02, 2021 PAGE 2
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
2
Page 3
5/7/2021 Dover, DE Code of Ordinances Item 1.
Sec. 114-32. - Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent
caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful
growths, or other noxious matter to grow to a height of eight inches or more.
(Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000)
Charter reference- Power of council to define nuisances, subpart A, § 18.
3
1/1
Page 4
Item 1.
City of Dover
May 7, 2021
Mr. Nicholas P. Calvano
44 South Governors Avenue
Dover, DE 19904
Re: Appeal of Citation #21-00001508 and Related Fines - 44 South Governors Avenue, Dover, DE
Mr. Calvano:
I have received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation,
Article II - Weeds, Section 114-32 - Maximum height at 44 South Governors Avenue, Dover Delaware. Sec. 114-32
of the Dover Code states the following:
Sec. 114-32. Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring
for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths,
or other noxious matter to grow to a height of eight inches or more.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
June 2, 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.
If you have any additional documentation that you would like the Board to review when considering your appeal, please
provide this information to the City Clerk's Office prior to the appeal hearing.
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/ovcb2t
Event Number/Access Code: 173 402 9358
Event Password: DOVER
Sincerely,
Megan Ramsey
Administrative Assistant
/mr
S:\APPEALS\2021\10. 44 South Governors Avenue - Appeal - Tall Grass - Nicholas Calvano\Receipt of Appeal - Tall Grass - 44 S Governors Ave - Nicholas Calvano.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Eddie Kopp, Code Enforcement Supervisor
Velvet Bowen, Code Enforcement Officer
P.O. Box 475 Dover, Delaware 19903 4
Community Excellence Through Quality Service
Page 5
Item 1.
From: calvanonp@verizon.net
To: City Clerks Office
Subject: Citation appeal #21-00001508
Date: Wednesday, May 5, 2021 1:47:52 PM
To whom it may concern.
I recently received a citation #21-00001508. I was unable to cut my grass as it was not safe to get to my
shed because of a fallen tree in my back yard from the strong wind storm on Friday April 30th. You can
see part of the tree that damaged my fence and shed in the photo provided with the citation. As soon as it
was made safe to access my shed I had already mowed my lawn before your citation arrived. I have
receipts from a tree removal company as well as for fencing to repair some of the damage done by this
act of nature. I understand that my grass may have been long but I received no prior warnings from the
city only this citation. I ask to take into consideration this act of nature in my appeal of this citation.
Thank you,
Nicholas Calvano
44 S. Governors Ave,
Dover, DE
5
Page 6
Item 1.
Division of Qtitp of 7!lober
Code Enforcement Phone: (302) 736-70 II
15 Loockennan Plaza Fax: (302) 736-4217
Dover, DE 1990 I
May 1, 2021
NICHOLAS PHILIP CALVANO
44 S GOVERNORS AVE
DOVER DE 19904
RE: Property Address: 44 S GOVERNORS AVE
Tax Parcel Number: ED-05-077.05-03-360.000-000
Case Number: 21-00001508
DEAR Sir/Madam:
This letter is to notify you that your property located at 44 S
GOVERNORS AVE is in violation of the Weed Ordinance of the City of Dover.
The Ordinance reads as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN
COONCIL MET:
The Dover Municipal Code is amended by adding the following sections
under Article II, Weeds to read as follows:
Sec. 114-32 Duty to contain weeds on property and maintain at a certain
height.
It shall be unlawful and a nuisance for the owner, occupant or
tenant of any premises, or any agent caring for or in charge of the premises,
to permit any weeds, grass, underbrush, deleterious or unhealthful growths or
other noxious matter to grow to a height of EIGHT (8) inches or more.
Sec. 114-33 Failure to maintain weeds at proper height City
Authority; costs and lien.
(a) In the event that any owner, occupant, or tenant of any
premises, or any agent caring for or in charge of the premises, wi thin the
City, shall permit any grass, weeds, underbrush, deleterious or unhealthful
growths or other noxious matter to grow to a height of EIGHT (8) inches or
more as prohibited by Section 114-32 of this Code, then the Health Inspector
or Fire Marshal or his authorized agents shall issue a citation showing a
violation of Sec. 114-32, said citation to be served personally or by
certified mail upon the owner, occupant or tenant of the premises, or any
agent caring for or in charge of the premises. The citation shall cite the
violation of this Code and shall state what corrective action must be taken
and shall state the consequences for failure to take such corrective action.
If the violation is not corrected wi thin Three (3) days from the date of
personal service of the citation or within SEVEN (7) days from the date of
8
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Page 7
Item 1.
Division of qcttp of , 1JBober
Code Enforcement
Phone: (302) 736-70 II
15 Loockennan Plaza
Fax: (302) 736-4217
Dover, DE 1990 I
mailing of the citation by certified mail, then the City at the direction of
the Health Inspector or the Fire Marshal may remove the weeds, grass,
underbrush, deleterious or other unhealthful growths or other noxious matter
growing to a height in excess of EIGHT (8) inches or more in Violation of
Section 114-32 of this Code and charge the responsible person $50.00 per hour
for such work that must be done to render the property in compliance with
this Ordinance. When the owner, occupant or tenant of any premises, or any
agent caring for or in charge of the premises has received a citation and
failed to take corrective action, and the City has corrected the violation in
accordance with this section, then no further notification shall be necessary
for the City to take any further corrective action on any subsequent
violations within the following twelve (12) month period starting from the
date of the first corrective action by the City.
(b) In the event that the owner, occupant, tenant or other agent
caring for or in charge of the premises is deemed to be in violation of
Section 114-32 of this Code and in the event that the violation is corrected
in compliance with Sub-section (a) and if the charges assessed by the City
for correct ing said deficiency are not paid, then the City, after having
corrected the deficiency and violation, shall place its charges and expenses
as specified in the municipal lien docket as a lien against said property and
the City Solicitor shall be directed to enforce said lien or to collect the
charges imposed by the City by any other means that he may deem desirable and
most advantageous.
We sincerely request your cooperation in helping to keep the City
clean by maintaining this type property in a well kept manner, thus making
our City a more pleasant place in which to live.
VELVET BOWEN
Code Enforcement Officer
Enclosure
9
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Page 8
Item 1.
Division of (!Citp of 1!\ober
Code Enforcement Phone: (302) 736-7011
15 Loockerman Plaza Fax: (302) 736-4217
Dover, DE 19901
CITATION
Citation # 21-00001508
NICHOLAS PHILIP CALVANO
44 S GOVERNORS AVE
DOVER DE 19904
Location of Offense: 44 S GOVERNORS AVE
Type of Offense: TALL GRASS AND WEEDS
Date of Offense: May 1, 2021
Time of Offense: 09:10
Date of Issue: May 1, 2021
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 E. Loockerman St, Dover, Delaware prior to May 17, 2021
Appeals of this citation may be subn'itted in writing to the City of Dover
Inspections Department at the above arldress. This appeal must be made by the
above date and time. Failure to pay this fine may result in the City of
Dover seeking collections through an ~pproved collections agency. The filing
of an appeal does not excuse the obligation to pay the initial fine.
Sec. 114-34. Fines
(d) Lien. Any fines imposed pursuant to subsection (a) of this section which
remain unpaid shall:
(1) Be added to the tax duplicate for the tax year said services were
provided by the city and invoiced as part of the annual property tax
bill for said property and collected as part of the city property tax
collection process, and
(2) Be placed by the city as specified in the municipal lien docket
as a lien against the property on which the violation occurred, and the
procedures for enforcement or collection of said lien shall be as set
out in section 114-33 (b) .
Fines wi~~ be doub~ed if not paid within 14 days from the date the
fine was issued.
VELVET BOWEN
Code Enforcement Officer
Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHES
Sec No: 114-32 DCO GRASS/WEEDS MUST BE CUT WITHIN 7 DAYS (SEE EXHIBIT A)
Fine as per code: $ 25.00
6
~onnnunitp QExcdlence \[brougb <mualitp ~erbi(e
Page 9
Item 1.
Division of ([itp of 1!\ober
Code Enforcement Phone: (302) 736-7011
15 Loockerman Plaza Fax: (302) 736-4217
Dover, DE 1990 I
EXHIBIT A
(of the Citation)
Enclosed is a citation issued by the Department of Inspections citing a violation
of "failure to maintain grass/weeds at a proper height". Citation will double if
not paid within 14 days of the issue date. The Ordinance allows a $50.00 per
hour fee, if we have to arrange for the weeds and grass to be cut.
This Code also provides a time period for corrective action. If the person fined
does not bring the property in compliance within three (3) days, from the date of
personal service of the citation, or within seven (7) days from the date of
mailing of the citation, the City may remuve the weeds, and charge the
responsible person for such work that must be done to render the property in
compliance with Section 114-32, 114-33, and 114-34 of the City of Dover Municipal
Code.
The penalties for this offense are as follows:
First Offense $ 25.00
Second Offense $ 50.00
Third & Subsequent $100.00
We sincerely solicit your cooperation in helping to keep the City clean by
maintaining this type property in a well kept manner, thus making our City a more
pleasant place in which to live. If we can provide any further information
concerning this matter, please feel free to contact our office at (302) 736-7011.
7
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Page 10
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Page 12
Dover, DE Code of Ordinances Page 1 of 1
Item 2.
Sec. 114-32. - Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any
agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or
unhealthful growths, or other noxious matter to grow to a height of eight inches or more.
(Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000)
Charter reference- Power of council to define nuisances, subpart A, § 18.
12
file:IIIC:/Users/vbowen/AppDataiLocaIlTemp/Low/I670U23B.htm 511412021
Page 13
Item 2.
City of Dover
May 17, 2021
Takina Israel
61 Stoney Drive
Dover, DE 19904
Re: Appeal of Citation #21-00001499 and Related Fines - 61 Stoney Drive Dover, DE
Ms. Israel:
I have received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation,
Article II - Weeds, Section 114-32 - Maximum height at 61 Stoney Drive, Dover Delaware. Sec. 114-32 of the Dover
Code states the following:
Sec. 114-32. Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring
for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths,
or other noxious matter to grow to a height of eight inches or more.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
June 2, 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.
If you have any additional documentation that you would like the Board to review when considering your appeal, please
provide this information to the City Clerk's Office prior to the appeal hearing.
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/ovcb2t
Event Number/Access Code: 173 402 9358
Event Password: DOVER
Sincerely,
Megan Ramsey
Administrative Assistant
/mr
S:\APPEALS\2021\11. 61 Stoney Drive - Tall Grass - Takina Israel\Receipt of Appeal - Tall Grass - 61 Stoney Drive - Takina Israel.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Eddie Kopp, Code Enforcement Supervisor
Velvet Johnson, Code Enforcement Officer
P.O. Box 475 Dover, Delaware 19903 13
Community Excellence Through Quality Service
Page 14
Item 2.
Citation: 21-00001499
Takina Israel
61 Stoney Drive
Dover, DE 19904
APPEAL
On May 1,2021, I, Takina Israel received a citation that was wrongfully given. As the owner of
the property and a first home buyer, no one mentioned that an owner could have their grass
grown to a certain length. As a new home buyer, it was never said in the settlement that owners
could not have their grass certain lengths. Therefore, this information comes to a shock and new
to me. The code enforcer or the City of Dover could have sent an informational letter about
grass. Nevertheless, as I was getting a vitiation letter on May 1st, my lawn mower was delivered
literally the next day on May 2, 2021 and the grass was immediately cut. It was never my
attention to have grown grass or weeds.
Received
MAY 14 2021
Planning & lnspections
15
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Item 2.
01~+(D j) -rDY fv\ v! pyo~ry
~\~ DO 0 D)4q9
16
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Item 2.
Division of
Code Enforcement
<titp of !Bober
15 Loockerman Plaza Phone: (302) 736-7011
Dover, DE 19901 Fax: (302) 736-4217
May 1, 2021
TAKINA MONIQUE ISRAEL
61 STONEY DR
DOVER DE 19904
RE: Property Address: 61 STONEY DR
Tax Parcel Number: ED-05-076.05-02-310.000-000
Case Number: 21-00001499
DEAR Sir/Madam:
This letter is to notify you that your property located at 61 STONEY
DR is in violation of the Weed Ordinance of the City of Dover.
The Ordinance reads as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN
COUNCIL MET:
The Dover Municipal Code is amended by adding the following sections
under Article II, Weeds to read as follows:
Sec. 114-32 Duty to contain weeds on property and maintain at a certain
height.
It shall be unlawful and a nuisance for the owner, occupant or
tenant of any premises, or any agent caring for or in charge of the premises,
to permit any weeds, grass, underbrush, deleterious or unhealthful growths or
other noxious matter to grow to a height of EIGHT (8) inches or more.
Sec. 114-33 Failure to maintain weeds at proper height City
Authority; costs and lien.
(a) In the event that any owner, occupant, or tenant of any
premises, or any agent caring for or in charge of the premises, within the
City, shall permit any grass, weeds, underbrush, deleterious or unhealthful
growths or other noxious matter to grow to a height of EIGHT (8) inches or
more as prohibited by Section 114-32 of this Code, then the Health Inspector
or Fire Marshal or his authorized agents shall issue a citation showing a
violation of Sec. 114-32, said citation to be served personally or by
certified mail upon the owner, occupant or tenant of the premises, or any
agent caring for or in charge of the premises. The citation shall cite the
violation of this Code and shall state what corrective action must be taken
and shall state the consequences for failure to take such corrective action.
If the violation is not corrected within Three (3) days from the date of
personal service of the citation or within SEVEN (7) days from the date of
18
Q[ommunitp <!EX(l'llcncl' m(Jrongl) <!aualitp ~l'rbi(l'
Page 17
Item 2.
Division of
Code Enforcement
«itp of !1Bober
15 Loockerman Plaza Phone: (302) 736-7011
Dover. DE 19901 Fax: (302) 736-4217
mailing of the citation by certified mail, then the City at the direction of
the Health Inspector or the Fire Marshal may remove the weeds, grass,
underbrush, deleterious or other unhealthful growths or other noxious matter
growing to a height in excess of EIGHT (8) inches or more in Violation of
Section 114-32 of this Code and charge the responsible person $50.00 per hour
for such work that must be done to render the property in compliance with
this Ordinance. When the owner, occupant or tenant of any premises, or any
agent caring for or in charge of the premises has received a citation and
failed to take corrective action, and the City has corrected the violation in
accordance with this section, then no further notification shall be necessary
for the City to take any further corrective action on any subsequent
violations within the following twelve (12) month period starting from the
date of the first corrective action by the City.
(b) In the event that the owner, occupant, tenant or other agent
caring for or in charge of the premises is deemed to be in violation of
Section 114-32 of this Code and in the event that the violation is corrected
in compliance with Sub-section (a) and if the charges assessed by the City
for correcting said deficiency are not paid, then the City, after having
corrected the deficiency and violation, shall place its charges and expenses
as specified in the municipal lien docket as a lien against said property and
the City Solicitor shall be directed to enforce said lien or to collect the
charges imposed by the City by any other means that he may deem desirable and
most advantageous.
We sincerely request your cooperation in helping to keep the City
clean by maintaining this type property in a well kept manner, thus making
our City a more pleasant place in which to live.
VELVETBOWEN
Code Enforcement Officer
Enclosure
19
~ommunitp QExcellenre 'Orl)fongl) ~naIitv ~eruice
Page 18
Item 2.
Division of
Code Enforcement
<!itp of moiler
15 Loockerman Plaza Phone: (302) 736-70 I I
Dover, DE 1990 I Fax: (302) 736-4217
CITATION
Citation # 21-00001499
TAKINA MONIQUE ISRAEL
61 STONEY DR
DOVER DE 19904
Location of Offense: 61 STONEY GR
Type of Offense: TALL GRASS AND WEEDS
Date of Offense: May 1, 2021
Time of Offense: 08:18
Date of Issue: May 1, 2021
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 E. Loockerman St, Dover, Delaware prior to May 17, 2021
Appeals of this citation may be submitted in writing to the City of Dover
Inspections Department at the above address. This appeal must be made by the
above date and time. Failure to pay this fine may result in the City of
Dover seeking collections through an approved collections agency. The filing
of an appeal does not excuse the obligation to pay the initial fine.
Sec. 114-34. Fines
(d) Lien. Any fines imposed pursuant to subsection (a) of this section which
remain unpaid shall:
(1) Be added to the tax duplicate for the tax year said services were
provided by the city and invoiced as par of the annual property tax
bill for said property and collected as part of the city property tax
collection process, and
(2) Be placed by the city as specified in the municipal lien docket
as a lien against the property on which the violation occurred, and the
procedures for enforcement or collection of said lien shall be as set
out in section 114-33 (b) .
Fines will be doubled if not paid within 14 days from the date the
fine was issued.
VELVET BOWEN
Code Enforcement Officer
Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHES
Sec No: 114-32 DCa GRASS/WEEDS MUST BE CUT WITHIN 7 DAYS (SEE EXHIBIT A)
Fine as per code: $ 25.00
20
([onnnnnitp QEx(cllenrl' 'lCgrongl) ~ualitp $rrbi(l'
Page 19
Item 2.
Division of QCitp of 11Bober
Code Enforcement
Phone: (302) 730-7011
15 Loockennan Plaza
Fax: (302) 736-4217
Dover, DE 19901
EXHIBIT A
(of the Citation)
Enclosed is a citation issued by the Department of Inspections citing a violation
of "failure to maintain grass/weeds at a proper height". Citation will double if
not paid within 14 days of the issue date. The Ordinance allows a $50.00 per
hour fee, if we have to arrange for the weeds and grass to be cut.
This Code also provides a time period for corrective action. If the person fined
does not bring the property in compliance within three (3) days, from the date of
personal service of the citation, or within seven (7) days from the date of
mailing of the citation, the City may remove the weeds, and charge the
responsible person for such work that must be done to render the property in
compliance with Section 114-32, 114-33, and 114-34 of the City of Dover Municipal
Code.
The penalties for this offense are as follows:
First Offense , $ 25.00
Second Offense $ 50.00
Third & Subsequent $100.00
We sincerely solicit your cooperation in helping to keep the City clean by
maintaining this type property in a well kept manner, thus making our City a more
pleasant place in which to live. If we can provide any further information
concerning this matter, please feel free to contact our office at (302) 736-7011.
21
(l[ommunitp ~X[dlpl1(p mlJrouulJ ~ualitp ~rrbirp
Page 20
Item 2.
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
A. Signature
• Complete items 1, 2, and 3.
• Print your name and address on the reverse Cl Agent
so that we can return the card to you. D Addnessee
B. Received by (Printed Name)
• Attach this card to the back of the mail piece,
or on the front if space permits.
D. Is delivery address different from item 1? 0 Yes (
If YES. enter delivery address below: 0 No
TAKINA MONIQUE ISRAEL
61 STONEY DR
DOVER DE 19904
3. Service Type o Priority Mail ~oress®
o Adult Signature o Registered MajITM
11111111111111111 II 1111111" 111111111 111111111 o J!(lult Signature Restricted Delivery o Re~istered Mail Restricted
9590 9402 6198 0220 8254 32 (!"Certified Mail®
o Certified Mail Restricted Delivery
Delivery
o Signature Confirmation""
_____________________ --' 0 Coliecton Delivery o Signature Confirmation
? Artir.lp. Number rrransfer from service label) o
Coliect on Delivery Restricted
•.••• I __ •• ~_..J."'lil
Delivery Restricted Delivery
7020 1810 0062 ~081 6 3 71 til Restricted Delivery
)
PS Form 3811. July 2020 PSN 7530-02-000-9053 Domestic Return Receipt
..-=!
1:0
CJ $
n1 ~Bd~ra-~~N~IC~e-s~&~F~e~~~~h-~~b~o-~-ad~d~f~-a$~-~~
o Return Receipt (hardcopy) $ __ -"-_--'-
ru o Return Receipt (electronic) $ __ -'.- __ 1
CJ o Certified Mail Restricted Delivery $ "'-_
CJ o Adun Signature Required $ -~--. •.•.... .."...,..r
CJ o Adult Signature Restricted Delivery $
TAKINA MONIQUE ISRAEL
CJ ~.
61 STONEY DR
ru .,.,)~---- --
o DOVER DE 19904
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S Form'3800. A ,,}2015 PSN7530·02·000·9047 See Reverse for InstructIons
22
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Item 3.
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Item 3.
25
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Item 3.
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Item 3.
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Item 3.
City of Dover
May 15, 2021
TDP Homes, LLC
C/O TDP Wireless, Inc.
34 Salt Creek Drive
Dover, DE 19901
Re: Appeal of Citation #21-00001420 and Related Fines - 714 Marta Drive Dover, DE
Tajesh Patel:
I have received your request to appeal the citation and fines related to the violation of Chapter 114 -
Vegetation, Article II - Weeds, Section 114-32 - Maximum height at 714 Marta Drive, Dover Delaware. Sec.
114-32 of the Dover Code states the following:
Sec. 114-32. Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring
for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths,
or other noxious matter to grow to a height of eight inches or more.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
June 2, 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.
If you have any additional documentation that you would like the Board to review when considering your appeal, please
provide this information to the City Clerk's Office prior to the appeal hearing.
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/ovcb2t
Event Number/Access Code: 173 402 9358
Event Password: DOVER
Sincerely,
Megan Ramsey
Administrative Assistant
/mr
S:\APPEALS\2021\12. 714 Marta Drive - Tall Grass - Tajesh Patel\Receipt of Appeal - Tall Grass - 714 Marta Drive - Tajesh Patel.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Eddie Kopp, Code Enforcement Supervisor
Ron Coburn, Code Enforcement Officer
P.O. Box 475 Dover, Delaware 19903 28
Community Excellence Through Quality Service
Page 27
Item 3.
TDP Homes LLC
34 Salt Creek Dr
Dover DE 19901
5/11/2021
Ron Coburn,
I want to appeal Citation #21-00001420 from 5/5/2021. This house was rent out to a tenant that had
stopped paying her rent back in November and was refusing to exit the house. Due to current events
evictions are not possible. The tenant continued to maintain the property but she left without notice
and I was unaware of the grass growth. Once I found out I got a company to start cutting the grass, but
apparently, they did not get to the property until 5/7/2021.
I ask that this citation be reserved, as I maintain a good clean property with this exception as it was
unknown to me and once known it was addressed.
I also want to leave you with my contact info incase in the future there are any concerns
tdphomes@gmail.com and my cell 302-425-9069.
Rece\"ed
M~'{1 ~ 202\
& \OSpect\OnS
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30
Page 28
Item 3.
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Item 3.
37
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Item 3.
32
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Item 3.
34
Page 32
Item 3.
35
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Item 3.
36
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Item 3.
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Dover, DE Code of Ordinances Page 1 of 1
Item 4.
Sec. 114-32. - Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any
agent caring for or in charge of the premises, to permit any weeds, underbrush, deleterious or
unhealthful growths, or other noxious matter to grow to a height of eight inches or more.
(Code 1968, § 30-4; Ord. of 9-13-1976; Code 1981, § 21-17; Ord. of 8-28-2000)
Charter reference- Power of council to define nuisances, subpart A, § 18.
39
file:IIIC:/Users/vbowen/AppData/LocaI/Temp/Low/P7PL16S5.htm 5/2012021
Page 37
Item 4.
City of Dover
May 20, 2021
Ebonie Taylor
47 Jordan Drive
Dover, DE 19904
Re: Appeal of Citation #21-00001593 and Related Fines - 968 South Little Creek Road Dover, DE
Ms. Taylor:
I have received your request to appeal the citation and fines related to the violation of Chapter 114 - Vegetation,
Article II - Weeds, Section 114-32 - Maximum height at 968 South Little Creek Road, Dover Delaware. Sec. 114-32
of the Dover Code states the following:
Sec. 114-32. Maximum height.
It shall be unlawful and a nuisance for the owner, occupant or tenant of any premises, or any agent caring
for or in charge of the premises, to permit any weeds, underbrush, deleterious or unhealthful growths,
or other noxious matter to grow to a height of eight inches or more.
A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday,
June 2, 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.
If you have any additional documentation that you would like the Board to review when considering your appeal, please
provide this information to the City Clerk's Office prior to the appeal hearing.
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/ovcb2t
Event Number/Access Code: 173 402 9358
Event Password: DOVER
Sincerely,
Megan Ramsey
Administrative Assistant
/mr
S:\APPEALS\2021\Receipt of Appeal - Tall Grass - 968 South Little Creek Road - Ebonie Taylor.wpd
cc: Nicholas Rodriguez, City Solicitor
Gary Junge, Deputy City Solicitor
David Hugg, Director of Planning and Community Development
Eddie Kopp, Code Enforcement Supervisor
Velvet Johnson, Code Enforcement Officer
P.O. Box 475 Dover, Delaware 19903 40
Community Excellence Through Quality Service
Page 38
Item 4.
From: ebnty
To: City Clerks Office
Subject: EXTERNAL: Citation number 21-0001593
Date: Thursday, May 20, 2021 9:05:00 AM
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Hello,
My name is Ebonie Taylor. I received a citation for my grass not being cut at 968 s. Little
creek rd. The fine was issued on May 6th. I have never had a problem not cutting my grass
and this is an unusual circumstance. However, I did not receive the citation in the mail until
May 12. When I called May 20th to pay it, it went up to $50 and it said I was given 14 days to
pay it but I was not. I would like to file an appeal since this is my first offense and I was not
given the proper time to pay the Citation
My phone number is 302 632 6264
Thank you in advance.
Sent from my Verizon, Samsung Galaxy smartphone
42
Page 39
Item 4.
Division of (!Citp of ])Bober
Code Enforcement
15 Loockerman Plaza Phone: (302) 736-7011
Dover. DE 1990 I Fax: (302) 736-4217
May 6, 2021
EBONIE TAYLOR
47 JORDAN DR
DOVER DE 199042002
RE: Property Address: 968 S LITTLE CREEK RD
Tax Parcel Number: ED-05-077.11-02-880.000-000
Case Number: 21-00001593
DEAR Sir/Madam:
This letter is to notify you that your property located at 968 S
LITTLE CREEK RD is in violation of the Weed Ordinance of the City of Dover.
The Ordinance reads as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER IN
COUNCIL MET:
The Dover Municipal Code is amended by adding the following sections
under Article II, Weeds to read as follows:
Sec. 114 -32 Duty to contain weeds on property and maintain at a certain
height.
It shall be unlawful and a nuisance for the owner, occupant or
tenant of any premises, or any agent caring for or in charge of the premises,
to permit any weeds, grass, underbrush, deleterious or unhealthful growths or
other noxious matter to grow to a height of EIGHT (8) inches or more.
Sec. 114-33 Failure to maintain weeds at proper height City
Authority; costs and lien.
(a) In the event that any owner, occupant, or tenant of any
premises, or any agent caring for or in charge of the premises, within the
City, shall permit any grass, weeds, underbrush, deleterious or unhealthful
grOlvths or other noxious matter to grow to a height of EIGHT (8) inches or
more as prohibited by Section 114-32 of this Code, then the Health Inspector
or Fire Marshal or his authorized agents shall issue a citation showing a
violation of Sec. 114-32, said citation to be served personally or by
certified mail upon the owner, occupant or tenant of the premises, or any
agent caring for or in charge of the premises. The citation shall cite the
violation of this Code and shall state what corrective action must be taken
and shall state the consequences for failure to take such corrective action.
If the violation is not corrected within Three (3) days from the date of
personal service of the citation or within SEVEN (7) days from the date of
43
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Page 40
Item 4.
Division of
Code Enforcement
<!Citp of 7!lober
Phone: (302) 731)-701 I
15 Loockennan Plaza
Dover, DE 19901 Fax: (302) 736-4217
mailing of the citation by certified mail, then the City at the direction of
the Health Inspector or the Fire Marshal may remove the weeds, grass,
underbrush, deleterious or other unhealthful growths or other noxious matter
growing to a height in excess of EIGHT (8) inches or more in Violation of
Section 114-32 of this Code and charge the responsible person $50.00 per hour
for such work that must be done to render the property in compliance with
this Ordinance. When the owner, occupant or tenant of any premises, or any
agent caring for or in charge of the premises has received a citation and
failed to take corrective action, and the City has corrected the violation in
accordance with this section, then no further notification shall be necessary
for the City to take any further corrective action on any subsequent
violations wi thin the following twelve (12) month period starting from the
date of the first corrective action by the City.
(b) In the event that the owner, occupant, tenant or other agent
caring for or in charge of the premises is deemed to be in violation of
Section 114-32 of this Code and in the event that the violation is corrected
in compliance with Sub-section (ai and if the charges assessed by the City
for correcting said deficiency are not paid, then the City, after having
corrected the deficiency and violation, shall place its charges and expenses
as specified in the municipal lien docket as a lien against said property and
the City Solicitor shall be directed to enforce said lien or to collect the
charges imposed by the City by any other means that he may deem desirable and
most advantageous.
We sincerely request your cooperation in helping to keep the City
clean by maintaining this type property in a well kept manner, thus making
our City a more pleasant place in which to live.
Sincerely,
VELVET BOWEN
Code Enforcement Officer
Enclosure
44
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Page 41
Item 4.
Division of
({rtp of 1J.Bober
Code Enforcement
Phone: (302) 730-70 II
15 Loockerrnan Plaza
Fax: (302) 736-4217
Dover, DE 1990 I
CITATION
Citation # 21-00001593
EBONIE TAYLOR
47 JORDAN DR
DOVER DE 199042002
Location of Offense: 968 S LITTLE CREEK RD
Type of Offense: TALL GRASS AND WEEDS
Date of Offense: May 6, 2021
Time of Offense: 13: 43
Date of Issue: May 6, 2021
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 E. Loockerman St, Dover, Delaware prior to May 20, 2021
Appeals of this citation may be submitted in writing to the City of Dover
Inspections Department at the above address. This appeal must be made by the
above date and time. Failure to pay this fine may result in the City of
Dover seeking collections through an approved collections agency. The filing
of an appeal does not excuse the obligation to pay the initial fine.
Sec. 114-34. Fines
(d) Lien. Any fines imposed pursuant to subsection (a) of this section which
remain unpaid shall:
(1) Be added to the tax duplicate for the tax year said services were
provided by the city and invoiced as part of the annual property tax
bill for said property and collected as part of the city property tax
collection process, and
(2) Be placed by the city as specified in the municipal lien docket
as a lien against the property on which the violation occurred, and the
procedures for enforcement or collection of said lien shall be as set
out in section l14-33(b).
Fines will be doubled if not paid within 14 days from the date the
fine was issued.
VtWtt-i
VELVET BOWEN
Code Enforcement Officer
Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHES
Sec No: 114-32 DCO GRASS/WEEDS MUST BE CUT WITHIN 7 DAYS (SEE EXHIBIT A)
Fine as per code: $ 25.00
46
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Page 42
Item 4.
Division of ([itp of 11Bober
Code Enforcement
15 Loockennan Plaza Phone: (302) 736-701 I
Dover, DE 19901 Fax: (302) 736-4217
EXHIBIT A
(of the Citation)
Enclosed is a citation issued by the Department of Inspections citing a violation
of "failure to maintain grass/weeds at a proper height". Citation will double if
not paid within 14 days of the issue date. The Ordinance allows a $50.00 per
hour fee, if we have to arrange for the weeds and grass to be cut.
This Code also provides a time period for corrective action. If the person fined
does not bring the property in compliance within three (3) days, from the date of
personal service of the citation, or within seven (7) days from the date of
mailing of the citation, the City may remove the weeds, and charge the
responsible person for such work that must be done to render the property in
compliance with Section 114-32, 114-33, and 114-34 of the City of Dover Municipal
Code.
The penalties for this offense are as follows:
First Offense $ 25.00
Second Offense $ 50.00
Third & Subsequent $100.00
We sincerely solicit your cooperation in helping to keep the City clean by
maintaining this type property in a well kept manner, thus making our City a more
pleasant place in which to live. If we can provide any further information
concerning this matter, please feel free to contact our office at (302) 736-7011.
47
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Page 43
Item 4.
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Item 4.
45