CPMCBA Minutes and Attachments

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on October 11, 2023, at 4:30 p.m., with Chairman Anderson presiding. The members present were Mr. Campana, Mr. Martin (4:38), and Mr. Rocha. Mr. Lewis was absent. The staff members present were Mr. Kopp, Mr. Morris, and Mrs. Walls. ADOPTION OF AGENDA Mr. Rocha moved for approval of the agenda, seconded by Mr. Campana, and unanimously carried. Property Maintenance Code Violation (2009 International Property Maintenance Code - Chapters 6 - Mechanical & Electrical Requirements - Section 603.1 - Mechanical Appliances.) - Appeal of findings - 115 W. Loockerman Street, A. (DEREI, LLC/ Sam Chick) Mr. Ray Morris, Code Enforcement Officer, reviewed the case history for 115 W. Loockerman Street, Unit A. Responding to Mr. Rocha, Mr. Chick stated that it is a gas stove with burners. Responding to Mr. Rocha, Mr. Morris stated that other than the stove and the window screens everything else has been fixed. Mr. Chick stated that it is a hardship because he priced replacing screens and it will cost him around $1,000 to replace them and the stove will cost him around $800 to replace, so he will have to raise the rent. Mr. Chick read a statement from his tenant at 115 W. Loockerman Street, Unit A, Maranda Helwig (Attachment #1). Mr. Martin suggested allowed Mr. Chick six (6) months to allow to make the upgrades that are required and have Mr. Chick rent out the second unit to cover the expenses of the upgrades. Responding to Mr. Rocha, Mr. Chick stated that the unit is climate controlled as it has heat and a window unit. Responding to Mr. Rocha, Mr. Chick stated that he is unsure how old the stove is but that he did go to Delmarva Appliance to get them to fix it and they could not get the parts for it. Responding to Mr. Rocha, Mr. Morris stated that the citation is for failure to schedule the reinspection and that even though Mr. Chick appealed the stove, Mr. Morris still needed to reinspect everything else that had been fixed in both units. Responding to Mr Anderson, Mr. Eddie Kopp, Chief Code Enforcement Officer stated that even for a studio apartment, a stove is required by code. Mr. Campana pointed out that it would be a liability if they let Mr. Chick slide with the stove and something happens in the future with the faulty stove causing property damage, injuries, or loss of life.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF OCTOBER 11, 2023 PAGE 2 Mr. Martin made a motion to defer action for six (6) months to allow Mr. Chick to fix or replace the gas stove and to have the screens in the windows replaced. The motion was seconded by Mr. Rocha and then amended by Mr. Martin after discussion. Responding to Mr. Campana, Mr. Kopp stated that he believes that six (6) months for these violations is quite extensive. Mr. Kopp stated that he would recommend staying consistent with all residents and give Mr. Chick 30 days. Mr. Martin moved to amend his motion to defer action for 30 days to allow Mr. Chick to fix or replace the gas stove and to give Mr. Chick, six (6) months to have the screens in the windows replaced as long as a reinspection is scheduled with Code Enforcement. The motion was seconded by Mr. Rocha and unanimously carried. (Lewis absent) Mr. Rocha moved to remove the doubling of the fines and to keep them at $200. The motion was seconded by Mr. Martin and unanimously carried. (Lewis absent) There was discussion regarding an issue with the timeline between the Board, Code Enforcement and Mr. Chick. It was decided that the timeline was correct with the appeal process and the citation regarding the reinspection. Mr. Anderson moved for an adjournment of the Construction and Property Maintenance Code Board of Appeals meeting, seconded by Mr. Martin, hearing no objection, the meeting adjourned at 5:18 p.m. The meeting adjourned at 5:18p.m. David L. Anderson Chairman DA/aw Attachments Attachment #1 - Statement from Mr. Chick’s tenant Maranda Helwig, provided by Mr. Chick on October 11, 2023, via email. Attachment #2 - Email from Mr. Chick, requesting the email be added to the record.

ATTACHMENT #1 Construction and Property Maintenance Code Board of Appeals Meeting of 10/11/2023 From: Sam Chick To: Walls, Ashley A Cc: Rocha, Gerald L., Sr; Anderson, David; Kopp, Eddie L; Morris, Ray L Subject: EXTERNAL: Appeals testimony Date: Wednesday, October 11, 2023 6:09:54 PM 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. Hi Ashley, It was a pleasure meeting you today, although I wish it were under better circumstances. I am following up regarding the testimony presented today from the single mother residing at 115 W. Loockerman St. Apt A, Maranda Helwig, who now faces increased rent and undue economic hardship due to the decisions made by the heartless members of the Appeals Board and City Inspectors. These men carry heavy shame as enforcers of big government & wrongful burdens on struggling working people. Unnecessary regulation and the associated increased costs of living are a stain on the fabric of society. Please forward this email to Appeals Board members Mr. Campana and Mr. Smith whose contact information is not available on the city's website. Please enter this email into the record as well. Ms. Helwig's testimony follows & screenshot of her message attached. Best regards, Sam Chick "Dear Appeals Board & City of Dover: I am the tenant at 115 W Loockerman St APT A. I do not care about screens in windows. The stove functions fine in its present condition. Having affordable rent is most important to me, a single mother. Anything that would increase the cost of my apartment is a hardship. Please accept Mr. Chick's and my appeal in this matter. Thank you. Sincerely, Maranda Helwig"

ATTACHMENT #2 Construction and Property Maintenance Code Board of Appeals Meeting of 10/11/2023