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CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Tuesday, August 31, 2021 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Conference Room with electronic access via WebEx. Public participation information is as follows: Dial: 1-408-418-9388 Link: https://rb.gy/jils2j Event number: 179 573 8388 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. CALL TO ORDER ADOPTION OF AGENDA 1. Property Maintenance Code Violation (Chapter 114 - Vegetation, Article II - Weeds, Section 114-32 - Maximum Height) - Appeal of Citation and Fines - 534 Westwood Drive (Janice Ware) 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 • 1

Dover, DE Code of Ordinances Pagel of • 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. file:///C :/Users/vbowen/AppData/Local/Temp/Low/T3D73ADN.htm 6/11/2021 • 2

D Item 1. City of Dover August 10, 2021 Janice Ware 534 Westwood Drive Dover, DE 19904 Re: Appeal of Citation #21-00002823 and Related Fines - 534 Westwood Drive Dover, DE Ms. Ware: 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 534 Westwood 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 Tuesday, August 31 at 3:30 p.m. to hear your appeal. This meeting will be held in the City Council Conference Room, 15 Loockerman Plaza, Dover, DE 19901 with electronic access via WebEx which may be accessed through a computer, smart phone or through a telephone call. Below I have listed the information needed to access the meeting electronically. 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/jils2j Event Number/Access Code: 179 573 8388 Event Password: DOVER Sincerely, Megan Ramsey Administrative Assistant /mr S:\APPEALS\2021\21. 534 Westwood Drive - Appeal - Tall Grass - Janice Ware\Receipt of Appeal - Tall Grass - 534 Westwood Drive - Janice Ware.wpd cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor David Hugg, Director of Planning and Community Development Eddie Kopp, Code Enforcement Supervisor Jason Shellenberger, Code Enforcement Officer P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service • 3

D Item 1. JANICE WARE 534 WESTWOOD DRIVE DOVER DE 19904 • 4

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DItem 1. Division of Code Enforcement <titp of 7!lober 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-4217 July 30, 2021 JANICE WARE 534 WESTWOOD DR DOVER DE 19904 RE: Property Address: 534 WESTWOOD DR Tax Parcel Number: ED-05-085.08-01-580.000-000 Case Number: 21-00002823 DEAR Janice Ware: This letter is to notify you that your property located at 534 WESTWOOD 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 QI:omnnmitp ~xcellenre 'QrfJronab <aunhtp ~rruice • 6

DItem 1. Division of Qeitp of I l!lober Code Enforcement 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 p r emises has rece i ved a citation and f a i led to take correct i ve action, and the City has correct e d the violation in acc o rdance with this section, then no furth e r n o tification shall b e necessary f o r the City to take any further cor r ective action on any subsequent vi o lations within th e following twelve ( 1 2 ) month period starting from the date o f the first corrective action by the City. (b) In the eve nt that the owner, occupant, tenant or other agent caring for o r in charge of the premis e s is d e emed t o b e in violation of Sec tion 114-32 of this Co de and i n 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 munic i pal lien docket as a lien against said prope rty and the City So l icitor shall be directed to enforce said lien or to col l ect 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-ke pt mann e r, thus making our Ci ty a more pleasant place in which to live. Sinc erely, Jason Shell e nberger Code Enforcement Officer Enclosure • 7

D Item 1. Division of Code Enforcement <!Cttp of t!lober 15 Loockerman Plaza Phone: (302) 736-7011 Dover, DE 19901 Fax: (302) 736-4217 CITATION Citation# 21-00002823 JANICE WARE 534 WESTWOOD DR DOVER DE 19904 Location of Offense: 534 WESTWOOD DR Type of Offense: TALL GRASS AND WEEDS Date of Offense: July 30, 2021 Time of Offense: 09: 2 7 Date of Issue: July 30, 2021 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 prio r to August 16, 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 114-33(b). Fines wil.l. be doubled i£ not paid within 14 days £rom the date the £ine was issued. ~~ Jason Shellenberger Code Enforcement Officer Violation: (X) UNLAWFULLY PERMIT GRASS/WEEDS IN EXCESS OF 8 INCHE Sec No: 114-32 DCO GRASS/WEEDS MUST BE CUT WITHIN 7 DAYS (SEE EXHIBIT A) Fine as per code : ~ 25.00 <!Communitp Qfxcellence 'QCbronnb <!aualitp ~eruice • 8

D Item 1. Division of Code Enforcement ([ftp of lJBober 15 Loockerman Plaza Phone: (302) 736-7011 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. Ql:onmmnit!' (!Excellence mbrougb <munlit!' ~eruice • 9

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