Special Council - VDBO Packet

CITY OF DOVER, DELAWARE SPECIAL COUNCIL MEETING Thursday, February 22, 2024 at 5:30 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/ngrwjc Event number: 2538 953 2448 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. ADOPTION OF AGENDA PUBLIC HEARINGS - VIOLATIONS OF THE DANGEROUS BUILDING ORDINANCE (Staff Recommends: 1) Declaring these buildings and all accessory structures on these properties dangerous; 2) Ordering the properties demolished or repaired by March 22, 2024, by the owners or equity owners at their own risk; 3) Ordering the Building Inspector to cause the demolition of the structures if not completed by the owners within 10 days of the date established by City Council; and 4) Ordering the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owners) 1. Properties Located at Tax Parcel ED-05-077.09-01-26.00-000 A. 130 South New Street B. 132 South New Street C. 134 South New Street D. 137 South Queen Street E. 137 Cottage South Queen Street 1

SPECIAL COUNCIL MEETING - February 22, 2024 PAGE 2 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 2

Item 1. ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Planning & Inspections (Code Enforcement) DATE SUBMITTED: 02/13/2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Properties Located at Tax Parcel #ED-05-077.09-01-26.00-000, 130 South New St, 132 South New Street, 134 South New Street, 137 South Queen Street, & 137 Cottage South Queen Steet – Violation of Dangerous Building Ordinance REFERENCE: Chapter 22, Article XI – Chapter 22, Article XI - Dangerous Buildings RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager & Sharon Duca, Assistant City Manager EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $100,000-$200,000. AMOUNT BUDGETED: $500,000.00 Budgeted for all demolitions Citywide in the FY-2024 Budget FUNDING SOURCE (Dept./Page in CIP & Budget): 100-11-16-20-000-53033. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare the (5) five structures related to ED-05-077.09-01-26.00-000 and all accessory structures on this property dangerous. 2. Order the (5) five structures related to ED-05-077.09-01-26.00-000 demolished or repaired March 22, 2024, by the owner or equity owner at their own risk. 3. Order the Division of Code Enforcement to cause the demolition of the structures if not completed by the owners within 10 days of the date established by the City Council. 4. Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. BACKGROUND AND ANALYSIS The structures located at ED-05-077.09-01-26.00-000 known as 130 South New Street, 132 South New Street, 134 South New Street, 137 S Queen Steet & 137 Cottage S Queen Street are all located in Dover, DE. The property was condemned as unfit for habitation May 1st, 2023, and the properties have remained vacant. Due to the vacancy the property has been an attraction for illegal activity to include vandalism and drug use. This property is a health, safety and fire hazard and poses a substantial risk to the neighbors, citizens, staff and first responders. This property lacks responsiveness from the owner. Multiple departments have assisted in an attempt to deter illegal activity and mitigate risk but have not been successful. 3

Violation of Dangerous Item 1. Building Ordinance ED-05-077.09-01-26.00-000 Planning and Inspections Department Division of Code Enforcement Dover, Delaware February 22nd, 2024 4

Associated Addresses and Cases Item 1. ED-05-077.09-01-26.00-000  130 South New Street (23-2289-DNGR, 23-4099-NUIS, 23-4653-VBO)  132 South New Street (23-2292-DNGR, 23-4100-NUIS, 23-4654-VBO)  134 South New Street (23-2293-DNGR, 23-4101-NUIS, 23-4655-VBO)  137 South Queen Street (23-2295-DNGR, 23-4102-NUIS, 23-4656-VBO)  137 South Queen Street Cottage (23-2297-DNGR, 23-4103-NUIS, 23-4657-VBO) 5

Dangerous Building Ordinance Item 1. Chapter 22 Article XI  Sec. 22-381. Definitions.  The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:  Dangerous buildings means all buildings or structures which have any or all of the following defects or uses:  (1) Leaning interior walls. Those of which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base.  (2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the nonsupporting enclosing or outside walls or covering.  (3) Loads on roofs. Those which have improperly distributed loads upon the floors or roofs or which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. 6

Dangerous Building Ordinance Item 1. Chapter 22 Article XI  (4) Fire damage, etc. Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city.  (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, insanitary or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety or general welfare of those living therein.  (6) Light, air, sanitation. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein.  (7) Fire escapes, etc. Those having inadequate facilities in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication.  (8) Loose parts. Those which have parts thereof which are so attached that they may fall and injure members of the public or property. 7

Dangerous Building Ordinance Item 1. Chapter 22 Article XI  (9)General welfare. Those which, because of their condition or use, are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people of this city.  (10) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city.  (11) Drug sales, use, etc. Those which are being used for the unlawful selling, serving, storing, giving away or manufacturing (which includes the production, preparation, compounding, conversion, processing, packaging or repackaging) of any drug, which includes all narcotic or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the Uniform Controlled Substances Act (16 Del. C. § 4701 et seq.).  (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. 8

Dangerous Building Ordinance Item 1. Chapter 22 Article XI  Sec. 22-382. Standards for repair, vacation or demolition.  The following standards shall be followed in substance by the building inspector in ordering repair, vacation, or demolition of dangerous buildings:  (1)Repair. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired.  (2)Vacation. If the dangerous building is in such a condition or is being used as to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated and closed. Buildings ordered closed shall not be reopened until a certificate of occupancy is issued.  (3)Demolition. In any case where a dangerous building is 50 percent damaged, decayed or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard as determined by the fire marshal, or is existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it may be demolished. 9

Dangerous Building Ordinance Item 1. Chapter 22 Article XI  Sec. 22-383. Nuisance declared.  All dangerous buildings within the terms of section 22-381 are hereby declared to be public nuisances, and shall be repaired, vacated and closed or demolished as hereinbefore and hereafter provided.  Sec. 22-388. Emergency cases.  In cases where it reasonably appears that there is an immediate danger to the life or safety of any person, unless a dangerous building is immediately repaired, vacated and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building. The costs of such emergency repair, vacation or demolition of such dangerous building shall be collected in the same manner as provided in section 22-385(5). 10

Nuisance Ordinance Item 1. Chapter 70 Offenses and Miscellaneous Provisions  Sec. 70-9. Nuisance—findings.  (a) A public nuisance in the city is hereby declared to be the commission of any act by any person, or the keeping, maintaining, propagation, existence or permitting of anything by any person, which presents an actual or imminent threat to the public health, safety, and welfare of any person, as defined pursuant to 24 CFR § 5.2003.  (b) A code enforcement officer, or any law enforcement officer, shall, upon obtaining knowledge of the existence of a public nuisance, notify the city manager or designee who shall cause notice to be sent to the property owner and/or person creating, keeping, or maintaining the nuisance or both to remove or cause it to be removed or abated within 72 hours. Any property owner and/or person found by a code enforcement officer who fails to remove or cause to be removed or abated, upon conviction shall be punished as prescribed in Appendix F—Fees and Fines or by any other legal remedy available to the city as set forth in the codes and ordinances of the city or controlling state or federal law. 11

Nuisance Ordinance Item 1. Chapter 70 Offenses and Miscellaneous Provisions  (c) It is prohibited and unlawful for a person to keep or permit to remain upon his or her premises, or upon any premises owned, used, or controlled by him or her in any dwelling house, warehouse, or other building, or upon any vacant lot, or in any yard or other public or private place within the city, any nuisance including, but not limited to, conditions occurring on the property which: • (1) Interferes with obstructs or renders dangerous for passage on any public or private street, alley, highway, right-of-way, easement, sidewalk, stream, ditch, channel, or drainage of any property; or results in the pollution of any body of water or drainage system by sewage, dead animals, industrial wastes, debris, or other contamination; or results in the blocking of drainage inlets, pipes ditches, swales, channels, culverts, or streams; or • (2) Renders any other person unable to reasonably use their personal or real property; or • (3) Provides harborage for rats, mice, snakes, insects, or other vermin; or • (4) Results in any foul, offensive, or unlawful emissions, odors, or stenches and the causes thereof; or 12

Nuisance Ordinance Item 1. Chapter 70 Offenses and Miscellaneous Provisions  (5) Results in dense smoke, noxious or lethal fumes, lethal gas, soot, or cinders; or  (6) Results in any condition constituting a fire hazard as defined by the National Fire Protection Association; or  (7) Results in topography which, whether in a natural state or because of erosion grading operations, causes erosion, subsidence, or surface water run-off which will, or maybe, injurious to persons or to adjacent public or private properties; or  (8) Permits any material the existence of which constitutes, or may constitute, a danger to a person or property including, but not limited to, hazardous materials; or  (9) Creates an attractive nuisance which is or may create a risk of injury or illness, no matter how slight, to children including, but not limited to, abandoned or broken equipment or machinery, unfenced or otherwise unprotected swimming pools, spas, or excavations; refrigerators, iceboxes or deepfreeze lockers not being used, without removing the door or such portion of the locking/latching mechanism as will prevent the locking or latching of the door and uncapped or otherwise dangerous wells; or 13

Nuisance Ordinance Item 1. Chapter 70 Offenses and Miscellaneous Provisions  (10) Allows for unlawful trespass or unauthorized occupancy, encampment, or similar use by persons on the property.  (d) The city manager, or designee, is hereby authorized and directed to implement the provision of Ord. No. 2022-15 and to take all necessary administrative actions to include, but not limited to, the adoption of administrative rules. 14

Property History and Events Item 1. ED-05-077.09-01-26.00-000  Active Dangerous Building cases since May 1st, 2023.  Active Nuisance Property cases since August 24th, 2023.  Active Vacant Building cases since October 16th, 2023.  No utilities on the property since May 1st, 2023.  Since the condemnation Code Enforcement has returned to the property weekly to re-inspect and secure the buildings.  All attempts to secure the property to prevent unlawful entry have been unsuccessful.  Since the condemnation Dover Police has responded to the property on numerous occasions. 15

Property History and Events Item 1. ED-05-077.09-01-26.00-000  No repairs have been made to the property since the condemnation.  Burglarized and vandalized daily.  Attraction for illegal activity and daily drug use.  No permits on file. 16

Active Code Violations Item 1. ED-05-077.09-01-26.00-000  HSG/BLDG CONDEMANTON  RMV ACCUM RUBBISH/DEBRIS  REMOVE FECAL MATTER  NUISANCE PROPERY  RMV JUNK AND DEBRIS  CLEAN INTERIOR THROUGHOUT  CLOSING OF VACANT BUILDINGS 17

Outstanding Fees Item 1. ED-05-077.09-01-26.00-000  Code Enforcement Fines-$15,000.00  Boarding Costs- >$20,000.00 (charge pending)  Vacant Building Fees- $1875.00  Outstanding COD Taxes- $4,429.99 18

Outstanding Fees Item 1. ED-05-077.09-01-26.00-000  Code Enforcement Fines-$15,000.00  Boarding Costs- >$20,000.00 (charge pending)  Vacant Building Fees- $1875.00  Outstanding COD Taxes- $4,429.99 19

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Conclusion Item 1.  This property is a health and fire hazard and poses a substantial risk to the neighbors, citizens, staff and all first responders.  This property is in violation of the Dangerous Building Ordinance, Nuisance Ordinance and the Vacant Building Ordinace.  This property remains in a serious state of disrepair and lacks responsiveness to correct the violations. 52

Recommended Council Action Item 1.  Declare the property and all (5) five structures relating to Parcel ED-05-077.09-01-26.00-000 dangerous.  Order the (5) five structures repaired or demolished before March 22nd, 2024.  Order staff to cause the demolition of the (5) five structures if not completed by the owner by March 22nd, 2024.  Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charges against the land which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. 53

Item 1. Kent County Sheriff’s Office Reference: C.A. # K23L-11-006 RLG 555 Bay Rd Sheriff No. 24000075 Date: 1/16/2024 Dover, DE 19901 302-736-2161 FORECLOSURE SALE Parcel # 2-05-07709-01-2600-00001 By virtue of a Writ of Levari Facias for the sale of land to me directed, will be exposed to public sale by way of Public Vendue at the Kent County Administration Complex, Dover, Kent County, State of Delaware on: Thursday, 3/7/2024 Starting at 10:00 AM Location: 137 South Queen Street Dover, DE 19904 Terms of Sale: • Per property, a non-refundable $2,000.00 cashier’s check, certified check or money order, made payable to Kent County Sheriff, will be required at the sale, at the time your winning bid is accepted. • By 2:00 pm the day of sale, 20% of the winning bid is due; and the balance on: April 15th, 2024. • Sale is also subject to confirmation by Superior Court. Sale is also subject to a Delaware Realty Tax and or a County Tax/Town Tax: ½ to be paid by the Seller and ½ to be paid by the Purchaser. Seized and taken in execution as the Property of: New Street Revitalization L.P. f/k/a New Street Limited Partnership Will be sold by Norman R. Barlow, Sheriff, Kent County. Norman R. Barlow Sheriff of Kent County Form: LP-303 – Notice of Foreclosure Sale Revised: 6/21/2023 54