Attachment

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA MARCH 11, 2013 - 5:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER , DELAWARE Public comments are welcomed on any item and will be permitted at appropriate times. When possible, please notify the City Clerk (736-7008 or e-mail at CityClerk@dover.de.us) should you wish to be recognized. AGENDA ADDITIONS/DELETIONS 1. Permanent Assignment of Duties Associated with Interim Managerial Plan and Organizational Changes (Staff Recommends Approval of the Permanent Assignment of Duties, as Outlined) 2. Downtown Dover Partnership (DDP) Request for Continued Staff Assistance and Support (Staff Recommends Authorizing the City’s Administrative Staff to Continue to Provide Administrative Support to the Downtown Dover Partnership (DDP) via Ms. Beverly Jackson Until December 31, 2013) 3. Update on Community Meeting - Role and Scope of the Historic District Commission and the Historic District (On January 28, 2013, City Council Approved the Committee’s Recommendation That the Planning Office Hold a Public Workshop (More than One (1) If Necessary) by the End of February 2013 to Discuss the Role and Scope of the Historic District and the Historic District Commission; and That Staff Report Back to the Legislative, Finance and Administration Committee During Their First Meeting in March 2013 with Clear Recommendations on Whether and How the Role and Scope of the Historic District and/or the Historic District Commission Should Be Modified) (Committee Action is Not Required) 4. Proposed Ordinance - Staff Substitute #2 for Ordinance #2013-04 - Amending Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings (Committee Referred Back to Staff on February 11, 2013) (Staff Recommends Adoption of Staff Substitute #2 for Ordinance #2013-04) 5. Adjournment by 7:00 P.M. /tmS:\AGENDAS-MINUTES-PACKETS\Committee-Agendas\2013\03-11-2013 LF&A.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

Memorandum Office of the City Manager PO Box 475 Dover, DE 19903 Phone: (302) 736-7005 FAX: (302) 736-7002 E-mail: skoenig@dover.de.us To: Members of Legislative, Finance, & Administration Committee From: Scott D. Koenig, P.E. City Manager Date: March 6, 2013 Subject: Permanent Assignment of Duties Associated with Interim Managerial Plan and Organizational Changes In December of 2011, I requested and implemented a number of organizational changes related to a number of staff vacancies and the changing needs of our organization. Since that time, a number of staff positions have been filled while others have been vacated through resignation or retirement. I am requesting support of the following permanent changes to staff assignments, salary and organizational structure: Public Works: Under my original Interim Plan, Ms. Sharon Duca, P.E. was elevated to the position of Interim Public Works Director. Since that time, Ms. Duca has been offered and accepted the position of Public Works Director. One of her tasks has been to review the organizational structure of the reformed Public Works Department. In June 2012, the Public Utilities Operations / Construction Manager resigned from his position. Instead of filling this position, which supervised the City’s construction crew in addition to other duties, the staff members that formerly reported to the position were placed under the supervision of the Water/Wastewater Maintenance Supervisor, Mr. Ralph McDougall. Originally, their assignments were related mostly to general maintenance items. In February 2013, the construction crew aspect of their duties was re-activated to begin construction of a new water line to support the Garrison Farm Development. New projects will continue to be assigned to this crew under the supervision of Mr. McDougall. Since the construction crew was not formerly the responsibility of the Water/Wastewater Maintenance Supervisor, the Director of Public Works had requested a review of the position to ensure internal equity in pay with respect to other positions given the new duties. The Water/Wastewater Maintenance Supervisor position is a Labor Grade 122. Human Resources completed an internal review of this position related to other positions within the Department of Public Works. They also reviewed the salary range with respect to a similar position at Kent County. Based upon this review, I am recommending that the salary for this position be increased from $54,576 to $61,000. This is an increase of $6,424 or 11.77%. The effective date of this salary change should be retroactive to February 1, 2013.

Currently, there is still one remaining position in the Department of Public Works that is receiving a managerial bonus related to the Interim Plan from December 2011. Due to recent retirements, a formal recommendation will be forthcoming in the next several months regarding this position and others within the department. Information Technology: Upon my appointment to Interim City Manager, I was informed of the capacity that Mr. Andy Siegel was serving in the Information Technology Department. In August 2010, Mr. Siegel was temporarily upgraded to the position of the Interim Information Technology Director by the former City Manager. His salary was placed at the entry level value of $76,314 for the grade of the Director’s position. Earlier this year, I decided to offer Mr. Siegel the position of Information Technology Director, thus removing the interim label; however, no adjustment to his salary was made. Upon review of the circumstances, I was made aware that I made no consideration for the roughly 2.5 years that Mr. Siegel served as the Interim Director. If Mr. Siegel had been credited with 2.5 years of experience in the salary offer for the Director’s position, the salary offer would have been $82,059. I am therefore recommending his salary be increased from $76,314 to $82,059. This is an increase of $5,745 or 7.53%. The recommended salary should be retroactive back to the date of promotion to the Director’s position. Finance: Since I became the City Manager, a large bulk of the responsibility to prepare the City’s Annual Budget has been shifted to the staff in the Finance Department. This was an effort to reduce duplication of effort and centralize our budgeting efforts. With the retirement of the former Senior City Administrator in the City Manager’s office, it would have been necessary to hire additional staff to assist with the budget preparation and management. The transfer of the budget preparation function to the Finance Department has made it unnecessary to hire additional staff in the City Manager’s office. The Controller personally assumed much of the budget functions in prior years and opted to not accept compensation for these additional duties. Instead, the Controller offered a portion of the proposed managerial bonus to the Financial Reporting and Accounting Manager (Labor Grade 125), Mrs. Tracey Lisiecki, in the amount of $175.00. This was done on a temporary basis and the bonus ceased in October 2012. The Human Resources Director has reviewed the position based on internal equity within the organization. I am recommending the salary for this position be increased from $68,835.24 to $71,600. This is an increase of $2,764.76 or 4.01%. Planning: In 2011 as part of the Interim Plan, the Director of Planning & Community Development, Mrs. Ann Marie Townshend, accepted the managerial responsibilities for the following divisions: Life Safety, Building Inspections and Economic Development. These areas represented ten (10) positions and were in addition to her regular permanent responsibilities for Planning, Community Development and Code Enforcement. A managerial bonus of $350.00 per month was implemented to compensate Mrs. Townshend for these additional responsibilities. Her current salary ($91,775.00) plus the monthly managerial bonus ($350.00) equates to annual compensation of $95,975.00. In June of 2012, the Dover City Council voted to assign the oversight of the Economic Development Office and its three (3) employees to Mayor. Also in June of 2012, Mr. Zachary Carter elected to retire from the City.

Mr. Carter served as the Director of Parks and Recreation. Upon Mr. Carter’s retirement, the Library function became a direct report to the City Manager. In addition, discussions between the City Manager and Mrs. Townshend resulted in the temporary assignment of managerial oversight for the Parks & Recreation staff to Mrs. Townshend. Mrs. Townshend has been serving as the Department Head for the Parks and Recreation function since July 1, 2012. Below is a summary of the Parks & Recreation function: o Oversight of five (5) additional full-time employees, four (4) additional part-time employees, and temporary employees ranging from ten (10) to more than twenty (20) depending on programming needs. o Responsible for the business operation of Recreation Division, including review of revenues, programming, promotion of programming, and approval of park permits. o No change in compensation was initiated in July 2012; however, Mrs. Townshend did indicate that she wanted to revisit this issue once she was more comfortable with the duties and responsibilities associated with oversight of the function. o Accomplishments within Recreation Division since July 2012:  Move of all Recreation staff to the J.W. Pitts Center;  Review and update of field rental rates;  Addition of birthday party packages;  Improving our outreach regarding our programming;  Review and restructuring of summer day camp program to reduce/eliminate subsidization with general fund dollars; o Worked with staff to improve consistency with other City departments in operations (use of ADP, comp time, etc.) The assignment of these duties to Mrs. Townshend has allowed the City to eliminate the Parks & Recreation Director position from the budget. This amounts to an annual salary savings of roughly $81,000 per year. The City also has realized a saving in benefit load over and above the $81,000 in annual salary. Mrs. Townshend has requested consideration of the following annual salary: Current Salary ($91,775) + Current Managerial Bonus ($4,200) + P&R Function ($11,340) = $107,315. Based on a business case review, the salary request of $11,340 to continue the managerial oversight of the Parks & Recreation Division is the lowest cost option. The city cannot hire managerial staff for less than $11,340 in salary. In viewing the current organizational structure of the City, the Parks & Recreation function cannot be easily assigned to another manager and the facts support that the assignment to the Director of Planning & Community Development has been a benefit to the City. Since the Director of Planning & Community Development is a Council appointed position, the City Council must endorse the transfer of the managerial responsibilities as well as the proposed salary. The total increase from $91,775 to $107,315 is $15,540 or 16.93%. I have attached Mrs. Townshend’s request as Attachment A. Currently, Mrs. Townshend’s position is the 6th highest paid position in the City. If the request is approved, the position will become the 4th highest paid position in the City.

Summary As a follow up to the December 2011 Interim Managerial Plan which saved the City an estimated $215,000 in annual salary, I am requesting the following increases to specific members of City staff who have taken on additional duties or permanent assignments since the Interim Managerial Plan was placed into action. The positions are as follows: Position Current Adjusted Difference Percent Increase Water/Wastewater Supervisor $ 54,576 $ 61,000 $ 6,424 11.77 Information Technology Director $ 76,314 $ 82,059 $ 5,745 7.53 Fin. Reporting & Acct. Manager $ 68,835 $ 71,600 $ 2,765 4.01 Director of Planning & Insp. $ 91,775 $ 107,315 $ 15,340 16.93 Total salary increase is $30,274. Total budgetary impact will be salary plus 40% load which is roughly $42,383.60. Funding for these increases will need to be covered by unused salary in the current year and will need to be budgeted for in FY-2014. SDK/sdk Attachment

ACTION FORM PROCEEDING: Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: City Manager & Mayor DATE SUBMITTED: 03/04/2013 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Downtown Dover Partnership Request for Continued Staff Assistance and Support REFERENCE: RELATED PROJECT: REVIEWED BY: City Manager and Controller EXHIBITS: Exhibit A – Letter from Downtown Dover Partnership (DDP) dated 02/05/2013 EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: N/A RECOMMENDED ACTION: Authorize the City’s administrative staff to continue to provide administrative support to the Downtown Dover Partnership (DDP) via Ms. Beverly Jackson until December 31, 2013. BACKGROUND AND ANALYSIS The Mayor and City Manager have received a request from the Downtown Dover Partnership (DDP) for the City of Dover to continue to provide administrative support to the DDP via Ms. Beverly Jackson until December 31, 2013. As you are aware, the Dover City Council authorized a funding transfer in the amount of $180,000 during the current fiscal year to assist the partnership with the hiring of staff and other expenses related to the DDP’s operating budget. The partnership’s new executive director began work on Monday, March 4, 2013. The requested additional assistance from City staff will enrich the transition period given the substantial project that are currently being undertaken by the DDP. The Mayor and City Manager have reviewed the partnership’s request and believe it is in our mutual best interests to honor the request; however, this extended relationship likely requires the endorsement of City Council based upon the result of the City’s budget discussions last spring.

Exhibit A

MEMORANDUM City of Dover P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7010 Fax: 302.736.4217 Date: March 3, 2013 To: Legislative, Finance and Administration Committee From: Ann Marie Townshend, AICP, Director of Planning & Community Development RE: Follow Up on Role and Scope of Historic District Zone and Historic District Commission In response to a number of concerns that had come forward regarding the role and scope of the Historic District Zone and Historic District Commission, on January 14, 2013, I committed to the Legislative, Finance and Administration Committee that I would hold a public workshop to discuss this subject and report back to the Committee in March. On February 26, 2013, the Planning Office held a workshop that focused primarily on facilitated discussion of members of the public regarding the City’s Historic District Zone, Historic District Commission, and development review within the Historic District. More than 30 members of the public attended the workshop, and the workshop included a lot of valuable discussion about the importance of protecting the City’s historic resources. Some ideas were presented by members of the public regarding how the process could be streamlined and how the City could improve the preservation of its historic character. Coming out of the workshop, there are no concrete recommendations to implement immediately; however, it is likely that proposed changes will be brought forward after further exploration. During the spring months, staff will conduct additional public outreach, likely including a survey, to gauge public support for ideas that could potentially streamline the current review process but also enhance preservation of the City’s historic character and historic resources. I will continue to update the Legislative, Finance and Administration Committee, and will ultimately bring any proposed changes to the process to the Committee for review.

Page 1 of 7 CITY OF DOVER STAFF SUBSTITUTE 2 FOR ORDINANCE #2013-04 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 22 – Buildings and Building Regulations, Article X – Rental Dwellings be 5 amended by deleting the text indicated in bold, red strikethrough and inserting the text indicated 6 in bold, blue italics as follows: 7 Division I. Generally 8 Sec. 22-331. - Purpose; applicability; definitions; compliance. 9 (a) Purpose. The purpose and intent of this article is to ensure public health, safety 10 and welfare insofar as they are affected by the continued occupancy and 11 maintenance of dwellings operated for lease to the public. The health, safety and 12 welfare of the occupants of the dwellings are of the utmost importance to the city, 13 as is the general community character in which these dwelling units are located. 14 (b) Applicability. The provisions of this article shall apply to all matters affecting or 15 relating to rental dwellings. Where, in this article, different sections of this Code 16 may specify different requirements, the most restrictive shall govern. 17 (c) Definitions. The following words, terms and phrases, when used in this article, 18 shall have the meanings ascribed to them in this subsection, except where the 19 context clearly indicates a different meaning: 20 Dwelling unit means a single unit providing complete independent living 21 facilities for one or more persons, including permanent provisions for 22 living, sleeping, eating, cooking and sanitation. 23 Multiple-family dwellings means dwelling units operated as a group, and 24 located in the same building. This shall include departments apartments, 25 roominghouses, condominium dwelling units, and accessory apartments 26 located within structures principally used for owner occupancy. 27 Rental dwelling means a dwelling unit that is leased for occupancy to a 28 person or persons in exchange for monetary payment or provision of 29 goods or services to the owner of the dwelling unit. 30 Single-family dwellings means dwelling units operated singly, and 31 separated from other units. In general, this definition shall apply to single- March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.

Page 2 of 7 32 family detached dwellings, including mobile homes, and attached units, 33 including duplexes, and townhouses. 34 Criminal activity means any crime classified by applicable law as a 35 felony or a class A misdemeanor in addition to the following offenses:, 36 criminal mischief, noise violations, drug offenses, offensive touching, 37 menacing, vehicular assault, sexual harassment, indecent exposure, 38 graffiti, trespassing, criminal trespassing, crime against a vulnerable 39 adult, unlawfully dealing with a child, disorderly conduct, malicious 40 interference with emergency communications, public intoxication, 41 loitering, criminal nuisance, obstructing of public passage, lewdness, 42 prostitution, patronizing a prostitute, unlawfully dealing with a 43 dangerous weapon, or unlawfully dealing with a switchblade knife. 44 (d) Compliance required. No person shall operate, occupy or let to another for 45 occupancy any dwelling which is not in compliance with the International 46 Property Maintenance Code adopted in section 22-221 and all other applicable 47 codes. 48 49 Sec. 22-332. - Inspection required. 50 (a) The code enforcement office, in accordance with the procedures set forth in the 51 International Property Maintenance Code adopted in section 22-221, shall inspect 52 rental dwellings for compliance with the property maintenance code and all other 53 applicable codes to ensure compliance. 54 (b) Following an inspection, the code enforcement office shall issue a letter and/or 55 report of any code violations and provide a timeline for compliance. There shall 56 be no fee for the first followup inspection. Each subsequent reinspection shall be 57 subject to a fee as provided for in Appendix F—Fees and Fines. 58 Sec. 22-333. - Agent required. 59 (a) Property manager. Any owner of a rental dwelling, residing outside of the 60 county, shall be required to have a licensed property manager residing or having 61 an office located in the county, or a family member or other designated individual 62 who does not manage any other rental real estate for a fee and who resides in the 63 county acting as a property manager. The property manager, including family 64 members and designated individuals, shall have charge, care and control of the 65 rental dwelling, and shall provide access to the rental dwelling for inspection, 66 upon request by the building inspector or city planner, within a reasonable time. 67 (b) Corporate or partnership owners. Any corporation or partnership owning a rental 68 dwelling shall have a designated member, partner, or employee having charge, March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.

Page 3 of 7 69 care, and control of the rental dwelling. The designated member, partner or 70 employee shall reside in or have an office located in the county, or shall be 71 required to have a licensed property manager residing or having an office located 72 in the county, or a family member or other designated individual who does not 73 manage any other rental real estate for a fee, and who resides in the county, acting 74 as a property manager. The property manager, family members or other 75 designated individuals shall have charge, care and control of the rental dwelling, 76 and shall provide access to the rental dwelling for inspection, upon request by the 77 building inspector or city planner, within a reasonable time. 78 79 Sec. 22-334. – Written lease required. 80 A written lease, including the crime-free lease addendum specified in §22-372, shall be 81 required for all rental dwelling in the City of Dover prior to establishment of a utility account 82 for the property. 83 Secs. 22-334—22-350. - Reserved. 84 Division 2. Permit 85 Sec. 22-351. - Generally. 86 (a) Single-family dwellings. It shall be unlawful for any person to operate any single- 87 family rental dwelling without obtaining a permit from the licensing division of 88 the department of planning and inspections in order to determine compliance with 89 the appropriate provisions of this article. The permit shall expire annually on 90 January 31. The fee for the annual permit shall be as provided for in Appendix 91 F—Fees and Fines. The permit fee for rental dwelling permits issued after 92 January 31st will be prorated from the date the permit is issued until the next 93 January 31st. 94 (b) Multiple-family dwellings. It shall be unlawful for any person to operate any 95 multiple dwelling without first obtaining an annual permit therefor from the 96 licensing division of the department of planning and inspections in order to 97 determine compliance with the appropriate provisions of this article. The permit 98 shall expire annually on January 31, and the fee for the annual permit shall be as 99 provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling 100 permits issued after January 31st will be prorated from the date the permit is 101 issued until the next January 31st. 102 (c) Late payment penalty. In the event that the permit fee set forth herein is not paid 103 on the date due, then the permittee shall incur a penalty fee as provided for in 104 Appendix F—Fees and Fines until the same is paid. March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.

Page 4 of 7 105 (d) Reinstatement fee. An owner whose permit has been suspended in accordance 106 with section 22-352 shall pay a reinstatement fee as provided for in Appendix F— 107 Fees and Fines. 108 (e) Lien. In the event that the property owner fails to pay said fees within 30 days 109 from the date a notice thereof is mailed to the owner, then such fees shall be 110 entered in the municipal lien docket as a lien owing the city; and the same may be 111 turned over to the city solicitor for collection. 112 (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive 113 city utilities until the permit fee required in this section is paid in full and city 114 personnel shall refuse to provide sewage, water and electricity to the property 115 until satisfactory proof is furnished that such permit fee has been paid. 116 Sec. 22-352. - Suspension. 117 (a) Grounds; duration. The building inspector shall suspend the permit issued or 118 withhold the permit paid for, pursuant to this division, when 119 (1) The building inspector determines that any dwelling or the 120 premises surrounding the dwelling fails to meet the requirements of this chapter 121 or any rule or regulation issued pursuant thereto; 122 (2) The failure of the property owner or property manager to initiate 123 and prosecute in good faith eviction proceedings following notification by the 124 City that the terms of the safe communities lease addendum have been violated, 125 or 126 (3) The failure of the property owner or property manager to attend 127 a safe communities seminar when required by §22-371(b). 128 129 Suspension shall last until the violations have been corrected to the satisfaction of the 130 building inspector, or the suspension shall have been reversed or appealed. 131 132 (b) Notice of violations. Upon suspending any permit under this section or 133 withholding the permit paid for, the building inspector shall notify the owner of 134 the violations of the applicable code and shall prescribe a period in which the 135 violation shall be corrected. 136 (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the 137 structure is suspended by the building inspector pursuant to the procedures of this 138 section, shall have the right to appeal and notice as provided in section 22-225 139 (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered 140 by the building inspector and upon the permittee serving the city clerk with a 141 notice of appeal pursuant to section 22-225, the permit suspension shall be stayed 142 and an existing permit shall remain in force until the appeal is decided. 143 Secs. 22-353—22-380 369. - Reserved. March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.

Page 5 of 7 144 Division 3. Safe communities 145 Sec. 22-370 Criminal activity 146 Tenants of rental dwellings, any member of the tenant’s household, any guest or other 147 person associated with the tenant shall not engage in criminal activity on or within 500 feet 148 of the lot on which the rental dwelling resides. 149 Sec. 22-371. – Safe communities seminar required. 150 (a) The City of Dover police department shall offer a safe communities seminar a 151 minimum of two times each calendar year. The seminar shall be voluntary, except in 152 the following circumstances: 153 1. When a rental dwelling permit has been suspended in accordance with Section 22- 154 352, the property owner or manager shall attend the seminar prior to reinstatement 155 of the suspended rental dwelling permit; or 156 2. When a rental dwelling has been the subject of response by the police department 157 on three or more occasions within a six month period, due to occasions where the 158 tenant, any member of the tenant’s family, or any guest or other person associated 159 with the tenant have engaged in criminal activity, the property owner or managers 160 shall attend the seminar. 161 3. All persons applying for a rental dwelling permit, and all persons administering, 162 managing or controlling the operation of any rental dwelling unit must attend a 163 crime free housing seminar, administered by the Dover police department to be 164 offered in person or on-line, within 12 months of issuance of the permit. Each 165 rental permit holder and each rental property manager must attend a seminar every 166 three years. Documentation shall be submitted to the department of planning and 167 inspections and kept on file within the department. 168 4. Persons holding a real estate sales license shall be exempt from the requirement to 169 attend the crime free housing seminar. If a rental permit held by a person holding a 170 real estate sales license is suspended in accordance with Section 22-373, he shall be 171 required to attend a crime free housing seminar before reinstatement of the 172 suspended rental permit. 173 (b) Upon notification by the chief of police that the safe communities seminar is required 174 in accordance with subsection 2 above, the department of planning and inspections 175 shall notify the property owner and/or property manager that he is required to attend March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.

Page 6 of 7 176 the next scheduled safe communities seminar. Such notice shall be sent by certified 177 mail to the property owner and property manager if a property manager is on record 178 with the department of planning and inspections. 179 Sec. 22-372. – Safe communities lease addendum. 180 (a) All residential leases shall include a crime free lease addendum, signed by the 181 property owner and tenant, in the following form: 182 In addition to all other terms of the lease, landlord and tenant agree as follows: 183 1. The tenant, any member of the tenant’s household, any guest or any other 184 person associated with the tenant on or within 500 feet of the leased premises: 185 i. Shall not engage in criminal activity, including drug-related criminal 186 activity, on or within 500 feet of the leased premises. “Drug-related 187 criminal activity” means the illegal manufacture, sale, distribution, 188 use, or possession of any illegal or controlled substance defined by Title 189 16, Chapter 47. 190 ii. Shall not engage in any act intended to facilitate criminal activity. 191 iii. Shall not permit the dwelling unit to be used for or to facilitate any 192 criminal activity. 193 2. Any activity prohibited by this addendum shall constitute a substantial 194 violation of the lease, material noncompliance with the lease, and grounds for 195 termination of tenancy and eviction. 196 (b) The department of planning and inspections shall provide a crime free lease 197 addendum template. 198 (c) A copy of the signed crime free lease addendum shall be submitted to the city of Dover 199 prior to establishment of utility services to any residential property. 200 Sec. 22-373. – Eviction Required. 201 (a) If the tenant, any member of the tenant’s household, any guest or other person 202 associated with the tenant engages in criminal activity on three or more occasions 203 within a 12-month period, the property owner or property manager shall begin to 204 process to terminate tenancy. March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.

Page 7 of 7 205 (b) Upon notification by the chief of police that termination of tenancy is required in 206 accordance with subsection (a), the department of planning and inspections shall 207 notify the property owner and property manager that he has 30 days to initiate the 208 eviction or otherwise terminate the tenancy. Such notice shall be sent by certified mail 209 to the property owner and property manager if a property manager is on record with 210 the department of planning and inspections. 211 SYNOPSIS 212 The proposed ordinance adds the requirement that landlords 213 participate in a safe communities program that includes 214 participation in a safe communities seminar offered by the 215 Dover Police Department and including a safe communities 216 addendum to leases. In addition, the proposed ordinance 217 allows for prorating of rental permit fees for permits 218 purchased after the beginning of the permit year. March 11, 2013 Highlighted text indicates changes made since the February 11, 2013 review of the proposed ordinance.