CPMCBA Packet

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, October 11, 2023 at 4:30 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: 1-650-479-3208 Link: https://rb.gy/knafu Event number: 2536 362 5066 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 (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) 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

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 moller September 26, 2023 DEREI, LLC c/o Sam Chick PO Box 29 Harrington, DE 19952 Re: Appeal of Case #23-00002999 -Annual Housing Inspection -115 W. Loockerman Street, A. Mr. Chick: We have received your request to appeal the violations and fines related to the inspection done on May 30, 2023, of 115 W. Loockerman Street, A., in accordance with the 2009 International Property Maintenance Code - Chapter 6 - Mechanical and Electrical Requirements, Section 603.1 - Mechanical appliances. A meeting of the Construction and Property Maintenance Code Board of Appeals has been scheduled for Wednesday, October 11, 2023, at 4:30 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: 1-650-479-3208 Link: https:llrb.gy/knafu Event number: 2536 362 5066 Event password: DOVER (if needed) 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, Chief Code Enforcement Officer Ray Morris, Code Enforcement Officer P.O. Box 475·:· Dover, Delaware ·:·19903 <!Communitp QExceUence mbrougb <aualitp ~erbice 4

Item 1. From: Sam Chick To: City Clerks Office Cc: Morris, Ray L Subject: Re: EXTERNAL: Re: FW: 115 W Loockerman St. Date: Thursday, September 14, 2023 10:30:54 AM Good morning: I was advised by Ray Morris to contact the City Clerk's office. I am appealing a couple items on a rental inspection at 115 W. Loockerman. Thanks, Sam Chick On Tue, Sep 12, 2023 at 3:55 PM Morris, Ray L <rmorris@dover.de.us> wrote: Please contact the office of the City Clerk for further assistance. Ray Morris City of Dover Code Enforcement 15 Loockerman Plaza Dover DE 19901 Phone # 302.736.7011 Fax # 302.736.4217 From: Sam Chick <samuel.g.chick@gmail.com> Sent: Tuesday, September 12, 2023 3:51 PM To: Morris, Ray L <rmorris@dover.de.us> Subject: Re: EXTERNAL: Re: FW: 115 W Loockerman St. 5

Item 1. Yes, I see it. I said I will appeal. What's next? On Tue, Sep 12, 2023, 3:35 PM Morris, Ray L <rmorris@dover.de.us> wrote: Below is a copy of your email. Ray Morris From: Sam Chick <samuel.g.chick@gmail.com> Sent: Thursday, July 13, 2023 6:53 AM To: Morris, Ray L <rmorris@dover.de.us> Subject: Re: EXTERNAL: Re: Inspection report for 115 W Loockerman St. Good morning, The window screens are estimated for Aug 1 ship date. I will appeal the ruling on the stove. It is a waste of money and unnecessary hardship to replace a stove that has three working burners and a working oven because the replacement parts are no longer available. Thanks, Sam Chick From: Sam Chick <samuel.g.chick@gmail.com> Sent: Tuesday, September 12, 2023 3:15 PM To: Morris, Ray L <rmorris@dover.de.us> Cc: Kopp, Eddie L <ekopp@dover.de.us> Subject: Re: EXTERNAL: Re: FW: 115 W Loockerman St. 6

Item 1. Ah, I thought the appeal could be for anything listed on the notice. I notified you I was requesting an appeal. Is that not sufficient? Thanks, Sam On Tue, Sep 12, 2023 at 2:18 PM Morris, Ray L <rmorris@dover.de.us> wrote: Your previous email stated that you will appeal the stove violation in question. You did not request assistance. Please Contact the office of the City Clerk @ (302) 736-7008 for assistance. The window screens have no connection to appealing the stove violation. You’ve been provided with ample time to correct the other violations. Ray Morris City of Dover Code Enforcement 15 Loockerman Plaza Dover DE 19901 Phone # 302.736.7011 Fax # 302.736.4217 From: Sam Chick <samuel.g.chick@gmail.com> Sent: Tuesday, September 12, 2023 1:55 PM To: Morris, Ray L <rmorris@dover.de.us> Subject: Re: EXTERNAL: Re: FW: 115 W Loockerman St. 7

Item 1. No, I was waiting for my appeal before proceeding with screens and stove. Everything else has been taken care of though. Thanks, Sam On Tue, Sep 12, 2023 at 1:33 PM Morris, Ray L <rmorris@dover.de.us> wrote: Did you installed the screens? From: Sam Chick <samuel.g.chick@gmail.com> Sent: Tuesday, September 12, 2023 1:07 PM To: Morris, Ray L <rmorris@dover.de.us> Subject: EXTERNAL: Re: FW: 115 W Loockerman St. 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 Ray, I was waiting to hear about the appeal I requested. I haven't received any information. Don't we need to do that first? Thanks, Sam On Tue, Sep 12, 2023 at 12:58 PM Morris, Ray L <rmorris@dover.de.us> wrote: 8

Item 1. From: Morris, Ray L <rmorris@dover.de.us> Sent: Tuesday, September 12, 2023 11:26 AM To: Morris, Ray L <rmorris@dover.de.us> Subject: 115 W Loockerman St. Please contact us @ (302) 736-7195 to schedule the inspection of 115 W Loockerman St. Ray Morris City of Dover Code Enforcement 15 Loockerman Plaza Dover DE 19901 Phone # 302.736.7011 Fax # 302.736.4217 From: Morris, Ray L Sent: Thursday, July 13, 2023 9:36 AM To: Sam Chick <samuel.g.chick@gmail.com> Subject: RE: EXTERNAL: Re: Inspection report for 115 W Loockerman St. Ok, thank you. 9

Item 1. From: Sam Chick <samuel.g.chick@gmail.com> Sent: Thursday, July 13, 2023 6:53 AM To: Morris, Ray L <rmorris@dover.de.us> Subject: Re: EXTERNAL: Re: Inspection report for 115 W Loockerman St. Good morning, The window screens are estimated for Aug 1 ship date. I will appeal the ruling on the stove. It is a waste of money and unnecessary hardship to replace a stove that has three working burners and a working oven because the replacement parts are no longer available. Thanks, Sam Chick On Wed, Jul 12, 2023, 10:09 AM Morris, Ray L <rmorris@dover.de.us> wrote: Good morning, the stove in question has to be fully functional. What is the estimated arrival date for the window screens? Ray Morris City of Dover Code Enforcement 15 Loockerman Plaza Dover DE 19901 Phone # 302.736.7011 10

Item 1. Fax # 302.736.4217 From: Sam Chick <samuel.g.chick@gmail.com> Sent: Tuesday, July 11, 2023 3:15 PM To: Morris, Ray L <rmorris@dover.de.us> Subject: EXTERNAL: Re: Inspection report for 115 W Loockerman St. 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 Ray, I am waiting for a response to my previous email. I received "2nd notices" in the mail yesterday. Thanks, Sam Chick On Thu, Jun 22, 2023 at 5:23 PM Sam Chick <samuel.g.chick@gmail.com> wrote: Hi Ray, Waiting on window screens. They had to be special ordered. I will not be ready for a re-inspect until they come in. 11

Item 1. Can I get the oven section of this waived please? Everything on the oven is functional except one burner and the manufacturer no longer makes the parts needed according to Delmar appliance. Thanks, Sam Chick On Thu, Jun 1, 2023 at 10:24 AM Morris, Ray L <rmorris@dover.de.us> wrote: Please see the attached inspection report for 115 W Loockerman St. Ray Morris City of Dover Code Enforcement 15 Loockerman Plaza Dover DE 19901 Phone # 302.736.7011 Fax # 302.736.4217 From: PI-copier@dover.de.us <PI-copier@dover.de.us> Sent: Thursday, June 1, 2023 10:18 AM To: Morris, Ray L <rmorris@dover.de.us> 12

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