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CPMCBA Packet

Construction and Property Maintenance Code Board of Appeals. Mar 15, 2023.

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CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, March 15, 2023 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. 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: 1-650-479-3208 Link: https://rb.gy/5js7sn Event number: 2535 323 4299 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. Dover Code of Ordinances Chapter 22- Buildings and Building Regulation, Article VII - Property Maintenance Code, Section 22-221 and 2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section 302.1-Sanitation- 630 River Road (Aubrey Hudson) 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

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Code of Ordinances Secs. 22-187—22-220. - Reserved. ARTICLE VIII. - LEASES  Item 1.  ARTICLE VII. - PROPERTY MAINTENANCE CODE[4]      Footnotes: --- (4) ---  Charter reference— Power of city to regulate buildings, subpart A, §§ 20, 22.  Sec. 22-221. - Adopted.      (a) A certain document, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and  all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). (Code 1981, § 10-1; Ord. of 7-10-1989; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010; Ord. No. 2016-19 , 8-22-2016) Sec. 22-222. - Definitions.     (a) Whenever the word "municipality" or "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. (Code 1981, § 10-2; Ord. of 7-10-1989) Sec. 22-223. - Conflicting provisions.     In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be controlling. (Code 1981, § 10-3; Ord. of 7-10-1989) Sec. 22-224. - Enforcement.     The city planner shall enforce the provisions of the publication adopted by reference in this article. (Code 1981, § 10-4; Ord. of 7-10-1989; Ord. of 4-14-2008) Sec. 22-225. - Reserved.     Editor's note— Ord. No. 2016-19 , adopted August 22, 2016, repealed § 22-225. Former § 22-225 pertained to property maintenance board of appeals and derived from the Code of 1981; Ord. of 7-10-1989; and Ord. of 4-10-2000. Secs. 22-226—22-250. - Reserved.     2  Secs. 22-187—22-220. - Reserved. ARTICLE VIII. - LEASES 

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Item 1. (!Citp of ]!lober February 23, 2023 Aubrey W. Hudson P.O. Box 1160 Dover, DE 19903 Re: Appeal of Case #22-00001583 - Annual Housing Inspection and Related Fines- 630 River Road Mr. Hudson: We have received your request to appeal the violations and fines related to the inspection on April 4, 2022, of 630 River Road in accordance with the 2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section 302.1 - Sanitation. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday, March 15,2023, at 3:30 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901 with electronic access via WebEx, which may be accessed through a computer, smartphone, or 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 atcityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-650-446-3208 Link: https://rb.gy/5js7sn Event Number/Access Code: 2535 3234299 Event Password: DOVER Andria L. Bennett City Clerk cc: Nicholas Rodriguez, City Solicitor Gary Junge, Deputy City Solicitor Mary Ellen Gray, Director of Planning and Community Development Eddie Kopp, Ch ief Code Enforcement Officer Ron Coburn, Code Enforcement Officer John England, Code Enforcement Officer 4

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Item 1. ., f)i, i!'liun of Q[ tp of brr ('ode Enforcemcnt , " I nodnl1ldll I'lal(l I'hllllC (,(l~)" l(,·"O, , n\)\ \.:r. nl ")')0 I I a\ (,1)2) 7'(,··1~ I"' OFFICIAL CITATION Citation # 22-000 1583-3 ~~©is~V1~1g; AUBREY W HUDSON fEB \ 4 1\)2.1 PO BOX 11 0 DOVER DE 1 90 Loca 10[1 0) Of p se: 630 1\1 VE:R RD Type of Offense: AN[l.JAL HOUSING INSPECTION Date of Offense: Jar 1 ry 30, 2023 Time of Offense: 13: 18 Da e of Issu _: ,Tar Inry 30, 2023 You are hereby finea for bein in viol ion of the City of Dover Ordinance rna rked (X) below. P yment mus be received y The (i y of Dover Inspec ions Dept., 15 Loockerman 'laza, Dover, Delawa[f~ prioL 0 'ebruary 13, 2023. Appeals of his ci d.ion may be submitt i wri.ilq to h_ City of DO'er Inspec ions r mer at he a ove address. This al real mus be made wi hin 30 days of the da e f the of ense. Failu e to pay rills fine may r suI in the Ci y of Dover se king collections hrough an apr roved collections a eney with a call etion fe of 35'. If the violation j s T) corr cted, he City rese ves the righ to use i sown resources or those (,: a con rae or to a at h b. low viol ion(s) nd 0 bill he ol·mer of h proper y for such rost -plus adm nist a ive ees. Fines will be doubled if not paid within 14 days from the date the fine was issued or if an appeal is not submitted within 14 days from the date the fine as issued. For a total of the balance owed for this case contact the Division of Code Enforcement. on(s) does not dismiss or resolve this citation. All remain due until paid in full. , Violation: (X) Failurl to remove all junk & debris from the property. Sec No: DCC 22-221 / ~009 IPMC 302.1 Sanitation Fine as per code: $400.00 6 <C01111 rlll1ltl' QExcrllrn£l' tClJrolluh Q)llalttl ~rr\.ltrr

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