CCW Packet

CITY OF DOVER, DELAWARE COUNCIL COMMITTEE OF THE WHOLE MEETING Tuesday, May 14, 2024 at 6:00 PM City Hall Council Chambers, 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 (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/xtv5gj Event number: 2534 282 8298 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 COUNCIL COMMITTEE OF THE WHOLE MEETING TO ORDER UTILITY COMMITTEE ADOPTION OF THE AGENDA 1. Proposed Ordinance #2024-20 - Amending Chapter 110 - Utilities, Article V - Stormwater (Mark Nowak, Public Works Director) (Staff Recommendation: Approval of Ordinance #2024-20) 2. Proposed Ordinance #2024-21 - Amending Chapter 98 - Streets, Sidewalks, Storm Sewers, and Other Public Places, Article IX - Street Sweeping, and Article X - Leaf Collection Services (Mark Nowak, Public Works Director) (Staff Recommendation: Approval of Ordinance #2024-21) 3. Stormwater Utility Credits, Grants, and Appeals Manual - Updated May 2024 (Mark Nowak, Public Works Director) 1

COUNCIL COMMITTEE OF THE WHOLE MEETING - May 14, 2024 PAGE 2 (Staff Recommendation: Approve as recommended) ADJOURNMENT OF THE UTILITY COMMITTEE MEETING LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE ADOPTION OF THE AGENDA 1. Discussion - Celebrating 250 Years of America's Independence (Councilman Anderson) (Committee Action Not Required) 2. Proposed Ordinance #2024-14 - Amending Chapter 1 - General Provisions, Sec. 1-17. - General penalty; separate offenses; unpaid fines (Eddie Kopp, Chief Code Enforcement Officer) (Staff Recommendation: Approval of text amendments in Proposed Ordinance #2024-14) 3. Proposed Ordinance #2024-15 - Amending Chapter 22 - Buildings and Building Regulations (Eddie Kopp, Chief Code Enforcement Officer) (Staff Recommendation: Approval of text amendments in Proposed Ordinance #2024-15) 4. Proposed Ordinance #2024-16 - Amending Chapter 46 - Fire prevention and protection (Eddie Kopp, Chief Code Enforcement Officer) (Staff Recommendation: Approval of text amendments in Proposed Ordinance #2024-16) 5. Proposed Ordinance #2024-17 - Amending Chapter 90 - Solid Waste, Sec. 90-16. - Violations; penalties (Eddie Kopp, Chief Code Enforcement Officer) (Staff Recommendation: Approval of text amendments in Proposed Ordinance #2024-17) 6. Proposed Ordinance #2024-18 - Amending Chapter 114 - Vegetation, Article II - Weeds, Sec. 114-34. - Fines (Eddie Kopp, Chief Code Enforcement Officer) (Staff Recommendation: Approval of text amendments in Proposed Ordinance #2024-18) 7. Proposed Ordinance #2024-19 - Amending Appendix F - Fees and fines (Eddie Kopp, Chief Code Enforcement Officer) (Staff Recommendation: Approval of text amendments in Proposed Ordinance #2024-19) ADJOURNMENT OF THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING ADJOURNMENT OF THE COUNCIL COMMITTEE OF THE WHOLE 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 2

COUNCIL COMMITTEE OF THE WHOLE MEETING - May 14, 2024 PAGE 3 OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 3

Item 1. ACTION FORM PROCEEDING: Council Committee of the Whole – Utility Committee DEPARTMENT OF ORIGIN: City Manager and Public Works DATE SUBMITTED: 5/7/24 PREPARED BY: David S. Hugg III and Mark Nowak SUBJECT: Stormwater Utility Ordinances and Manual REFERENCE: RELATED PROJECT: REVIEWED BY: David Hugg, City Manager EXHIBITS: Proposed Ordinances and Manual EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: Enactment by July 1,2024 as part of FY25 Budget Process STAFF RECOMMENDATION: Approve creation of Enterprise Fund, Adopt Ordinances and Manual BACKGROUND AND ANALYSIS The city has performed stormwater management functions for a number of years but has lacked a comprehensive approach and adequate funding to properly address stormwater requirements. Creation of a utility (enterprise fund) and adoption of ordinances with associated manual is necessary. The creation of a stormwater utility would address increasing National Pollution Discharge Elimination System (NPDES) compliance (federal regulations), decrease reliance on the General Fund by creating dedicated and stable funding, and encourage and enhance stormwater management by managing the quantity and quality of runoff reaching our drainage systems and waterways. A stormwater utility would establish fees based on determination and assessment of impervious surfaces and establish a fund to cover NPDES compliance requirements, capital projects, and operating costs of the program including personnel, other operating expenses, and equipment and vehicles. It would also create a system of quality and quantity credits for practices that better control water quality and runoff rates. City Council considered the establishment of the Stormwater Utility on February 26, 2024, and authorized staff to include a Stormwater Utility in the FY25 Budget. The proposed ordinances and manual are required to implement that authorization. Staff recommends approval of the Ordinances and Manual as presented. 4

City of Dover PROPOSED ORDINANCE #2024-20 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 110 – Utilities, be amended by inserting a new Article as follows: 5 6 ARTICLE V. – STORMWATER 7 8 Sec. 110-284. – Definitions. 9 10 The following words, terms, and phrases, when used in this chapter, shall have the 11 meanings ascribed to them in this section, except where the context clearly indicates a 12 different meaning: 13 14 All other stormwater classes mean the various stormwater classes, except the single- 15 family residential stormwater class. 16 17 Dwelling means a structure with one kitchen and one or more baths and bedrooms 18 separate from the kitchen including houses, mobile homes, manufactured homes, and 19 apartments. 20 21 Equivalent runoff unit or ERU means a unit of measure that is set to equal the average 22 impervious area square footage of parcels of the Tier 1 single-family residential stormwater 23 class. 24 25 Equivalent runoff unit ratio or ERU ratio means the number of ERUs assigned to each 26 parcel in the single-family residential stormwater class, based on the tier assigned to each 27 parcel. 28 29 Impervious area means the total square feet of hard surface areas including buildings, 30 driveways, any attached or detached structures, paved or hardscaped areas, or other surface 31 areas that behave like an impervious area during precipitation events, that either prevent or 32 restrict the volume of stormwater that can enter into the soil and/or thereby cause water to 33 runoff the surface in greater quantities or at an increased rate of flow than what would have 34 occurred under natural undisturbed conditions. 35 36 Single-family residential stormwater class means parcels with a single-family, 37 detached, semi-detached, or attached dwelling. 38

39 Stormwater charge means the monthly charge for stormwater management assessed 40 to a parcel within the city based on the impervious area of the parcel to be billed on the 41 associated cycle billing route for the service location. 42 43 Tier means the tier value that is assigned to each parcel in the single-family residential 44 stormwater class, based on the parcel's impervious area. 45 46 NPDES Permit refers to the National Pollutant Discharge Elimination System 47 (NPDES) permit imposed by the EPA and the State of Delaware that requires permittees to 48 develop and implement a comprehensive Storm Water Management Program (SWMP) that 49 must include pollution prevention measures, treatment or removal techniques, monitoring, 50 use of legal authority, and other appropriate measures to control the quality and quantity of 51 stormwater discharged to the storm drains and thus Waters of the State and Waters of the 52 United States. 53 54 Sec. 110-285. – Stormwater charges. 55 56 (a) The stormwater charge represents an equitable system for recovering costs related to 57 all aspects of stormwater management, including but not limited to: capital 58 improvements including debt service; operation and maintenance including routine 59 replacements; compliance with all current and future stormwater and surface water 60 regulatory requirements (NPDES Permit); surface water quality monitoring, 61 inspection, management, and improvement projects; flooding mitigation; inspections 62 of stormwater management facilities; billing and administration; acquisition of 63 interests in land including easements; and watershed planning and protection 64 initiatives. 65 66 (b) All parcels that are within the city's corporate boundaries, except as noted in Sec. 110- 67 285(d)(4), shall be assessed a monthly stormwater charge as per the provisions of this 68 article. 69 70 (c) The stormwater charge for each parcel shall be determined as per the provisions of 71 this article, based on the number of equivalent runoff units "ERUs" and the ERU 72 rate. 73 74 (1) Equivalent runoff unit. The ERU is 1,700 square feet. 75 76 (2) Equivalent runoff unit rate. The ERU rate is $6.00 per ERU. 77 78 (3) Monthly stormwater charge calculation. The monthly stormwater charge is 79 calculated by multiplying the ERU ratio by the ERU rate (see Table 1 for Tier and 80 ERU ratio). 81

82 (d) The stormwater charge for the various stormwater classes shall be determined as 83 follows: 84 85 (1) Single-family residential stormwater class: For the single-family residential 86 stormwater class, a three-tiered stormwater charge is established to accommodate 87 the wide range of impervious area square footage that exists among the single- 88 family residential parcels in the city. The three tiers of impervious area, applicable 89 zoning districts, and equivalent runoff ratio for each tier are as shown in Table 1. 90 Based upon the zoning classification, single-family residential parcels are assigned 91 to one of the three tiers of impervious areas. A stormwater charge will be assessed 92 monthly based on the assigned ERU ratio and ERU rate. In the event of a newly 93 constructed single-family residential dwelling, tier assignment shall occur upon 94 issuance of certificate of occupancy. 95 96 Table 1: Single-Family Residential Class Tier Applicable Zoning Average Impervious Equivalent Runoff Unit Districts Area Ratio (ERU ratio) (square feet) 1 RG-3, RG-4, TND 1,700 1.0 2 RM-1, RM-2, RG-1, RG- 2,400 1.4 2, R-7 3 R-8, RG-5, R-10, R-20, 3,700 2.2 R-15 97 98 (2) All other stormwater classes: The stormwater charge for all other stormwater 99 classes shall be calculated by dividing the estimated impervious area for a parcel 100 by the average impervious area for the Tier 1 single-family residential stormwater 101 class to determine the ERU ratio. The ERU ratio is then multiplied by the ERU 102 rate to determine the monthly stormwater charge. 103 104 (3) Impervious area will be capped at 1 million sq. ft. No parcel owner will be billed 105 for more than 1 million sq. ft. of impervious surface. 106 107 (4) Exemptions. Parcels owned by the United States of America shall be the only 108 parcels within the city’s corporate limits exempt from the stormwater charge. 109 110 (5) Updates. Updates to residential tiers and impervious surface data shall occur 111 when the State of Delaware updates their impervious surface data. 112 113 (6) Any future amendment to the ERU rate shall be approved by City Council.

114 115 Sec. 110-286. – Stormwater charge billing frequency; charge for new properties/parcels; 116 unpaid balances; aggregating billing. 117 118 (a) The monthly stormwater charge shall be billed and collected on a quarterly basis. All 119 billings will be congruent with the current City Ordinance, Sec. 90-15 – Rates and 120 Billing Procedures. 121 122 (b) Any new property or parcel resulting from the subdivision and/or consolidation of an 123 existing parcel and/or annexed into City limits shall become liable for the stormwater 124 charge of the current quarterly billing period, at such time as the parcel is reflected 125 in Kent County’s Department of Planning Services. 126 127 (c) Unpaid balances. All penalties, fines, and costs associated with the enforcement of 128 this chapter shall be liens on the property to the extent permitted by Title 25, Chapter 129 29 of the Delaware Code. Any unpaid fines, penalties, and fees imposed by any court 130 for violation of this chapter shall be added to the property tax billings for the property 131 that was subject to the violation. 132 Sec. 110-287. – Effective date of stormwater charges; liability of payment. 133 134 (a) The stormwater service charges herein authorized shall become effective July 1, 2024. 135 136 (b) The stormwater charges will be collected from the following: 137 138 (1) The owner on record of a parcel will be assessed the stormwater charge. In the 139 event that the owner of a parcel and the user of a parcel are not the same, the 140 owner shall be liable for the stormwater charge. 141 142 (2) In the case of joint ownership of a parcel, the stormwater charge shall be billed to 143 the owner designated as the primary owner in the City assessor’s records. 144 Sec. 110-288. ̶ Delinquency. 145 146 (a) Pursuant to City Ordinance, Sec. 1-13a, b ̶ Clean Hands, no person or entity or owner 147 shall be eligible to receive any city services, utilities, permits, licenses, or approvals if 148 that person, entity, or owner owes outstanding payments to the city. 149 150 (b) All penalties, fines, and costs associated with enforcement of this chapter shall be liens 151 on the property to the extent permitted by Title 25, Chapter 29 of the Delaware Code. 152 Sec. 110-289. – Credits. 153

154 (a) Credit. A system of credits, which may reduce a parcel's monthly stormwater charge, 155 shall be established for all stormwater classes. A stormwater charge credit may be 156 issued by the City Manager or his / her designee upon receipt of a written application 157 by the parcel owner for employing structural or non-structural best management 158 practices or other stormwater practices on-site, which significantly reduces the 159 quantity of stormwater runoff or significantly improves the quality of stormwater 160 runoff from the parcel. 161 162 (b) Credit procedures. All other procedures related to credits shall be per the City of 163 Dover Stormwater Credits, Appeals, and Grants Manual. 164 165 (c) The City Manager or his / her designee may revoke credits to any parcel should any 166 associated stormwater management facility be determined to be improperly 167 maintained, functioning improperly and/or failing. 168 Sec. 110-290. – Appeals. 169 170 (a) Appeals. An owner of a parcel for which a stormwater charge has been assessed may 171 appeal the stormwater charge for that parcel for the following reasons: 172 173 (1) The calculation of the stormwater charge; 174 175 (2) The assigned tier, if applicable; and 176 177 (3) The eligibility for a credit. 178 179 (b) Burden of proof. The burden of proof shall be on the appellant to demonstrate, by 180 clear and convincing evidence, the validity of the appeal. 181 182 (c) Appeals procedure. All other procedures for appeals shall be per the City of Dover 183 Stormwater Credits, Appeals, and Grants Manual. 184 185 (d) Ability to audit. 186 187 (1) The city reserves the right to audit a parcel's stormwater charge at any time. 188 189 (2) This may include a review of the estimated impervious area associated with the 190 parcel as well as any unique characteristics as they relate to the generation of 191 stormwater runoff and/or the management thereof. 192 Sec. 110-291. – Grants. 193 194 (a) Grants. An owner of a parcel within the single-family residential stormwater class for 195 which a stormwater charge has been assessed may apply for a drainage grant. Grant

196 procedures are outlined in the City of Dover Stormwater Credits, Appeals, and 197 Grants Manual. 198 199 (b) Appropriated Amount. The amount appropriated for grants each year will be made 200 available. 201 Sec. 110-292. – Transfers. 202 203 There shall be no transfers from the stormwater fund, less internal service 204 department cost allocations, to any other operating fund of the city without an 205 ordinance change by City Council. 206 207 208 ADOPTED: * 209 210 211 SYNOPSIS 212 This ordinance creates a utility (enterprise fund) effective on July 1, 2024. The stormwater utility 213 addresses increasing National Pollution Discharge Elimination System (NPDS) compliance 214 (federal regulations), decreasing reliance on the General Fund by creating dedicated and stable 215 funding, and encouraging and enhancing stormwater management by managing the quantity and 216 quality of runoff reaching our drainage systems and waterways. A stormwater utility establishes 217 fees based on the determination and assessment of impervious surfaces and establishes a fund to 218 cover NPDES compliance requirements, capital projects, and operating costs of the program 219 including personnel, other operating expenses, and equipment and vehicles. It also creates a 220 system of quality and quantity credits for practices that better control water quality and runoff 221 rates. 222 223 (SPONSORS: ROCHA and HUGG) 224 225 226 Action History 227 05/14/2024 - Introduction – Council Committee of the Whole/ Utility Committee

Item 2. City of Dover PROPOSED ORDINANCE #2024-21 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 98 – Streets, Sidewalks, Storm Sewers, and Other Public Places, be amended by 5 inserting new Articles as follows: 6 7 ARTICLE IX. – STREET SWEEPING 8 9 Sec. 98-347 – STREETS, SIDEWALKS, STORM SEWERS, AND OTHER PUBLIC 10 PLACES 11 12 (a) Street Sweeping 13 14 (1) The City Manager or his / her designee shall provide street sweeping services 15 within the city at the frequency and locations determined to be in the best interest 16 of the city. 17 18 (2) Street sweeping shall meet or exceed the requirements set forth by the NPDES 19 permit issued to the City of Dover. 20 21 (3) Any areas determined to require parking restrictions to provide adequate street 22 sweeping services must be adequately marked by the city. 23 24 ARTICLE X. – LEAF COLLECTION SERVICES 25 26 (a) Leaf Collection 27 28 (1) The City Manager or his / her designee shall provide leaf collection services within 29 the city at the frequency and locations determined to be in the best interest of the 30 city. 31 32 (2) Leaf piles shall not be placed out for collection more than one day prior to 33 collection day. 34 (3) Leaf piles shall be no larger than 3 feet wide by 3 feet tall. Leaf piles shall not be 35 placed near catch basins or within the gutter pan. Clear space of 3 feet shall be 36 provided on either end of leaf piles. 37 38 (4) Leaves shall not be bagged or tarped when put out for leaf collection services. 11

Item 2. 39 40 (5) Leaf piles shall not contain limbs, sod, concrete, trash, or other foreign material. 41 42 (6) Leaf piles put out for leaf collection services that are not in conformance with the 43 parameters above may not be collected. 44 45 ADOPTED: * 46 47 48 SYNOPSIS 49 This ordinance provides clarification of the service guidelines and requirements. 50 51 (SPONSORS: ROCHA and HUGG) 52 53 54 Action History 55 05/14/2024 - Introduction – Council Committee of the Whole/ Utility Committee 12

Stormwater Utility Credits, Grants, and Appeals Manual Updated: May 2024 Special thanks to the City of Newark, Delaware for their guidance in developing this manual.

Table of Contents 1.0 GENERAL INFORMATION .................................................................................................................. 1 1.1 Overview ....................................................................................................................................... 1 1.2 Stormwater Charge ....................................................................................................................... 1 1.3 Purpose ......................................................................................................................................... 2 1.4 Definitions ..................................................................................................................................... 3 2.0 STORMWATER CREDITS .................................................................................................................... 5 2.1 Objective ....................................................................................................................................... 5 2.2 Credit Policies................................................................................................................................ 5 2.3 Stormwater Credits Application Requirements ............................................................................ 9 2.4 Credits Application Procedures ................................................................................................... 10 3.0 STORMWATER CHARGE ADJUSTMENT APPEALS ............................................................................ 11 3.1 Objectives.................................................................................................................................... 11 3.2 Charge Adjustments Appeal Policies........................................................................................... 11 3.3 Charge Adjustment Appeal Application Requirements .............................................................. 13 3.4 Charge Adjustment Appeals Application Procedures ................................................................. 14 4.0 STORMWATER GRANTS .................................................................................................................. 15 4.1 Residential Design Service Support ............................................................................................ 15 4.2 Residential Stormwater Project Cost Sharing ............................................................................. 16 4.3 Grant Program Request Application Requirements ................................................................... 16 5.0 STORMWATER CREDITS AND CHARGE ADJUSTMENTS EXAMPLES .................................................. 17 5.1 Stormwater Credits .................................................................................................................... 17 5.2 Storm Water Charge Adjustments Appeal .................................................................................. 18

Stormwater Charge Credits, Grants, and Appeals Manual 1.0 General Information 1.1 Overview The City of Dover’s (the City) stormwater management program aims to manage both the quantity and quality of stormwater runoff within the City and its local surface waters, recognizing them as important resources. The major goals of this program are: • Reduce the amount of pollutants discharged into the surface waters including rivers and creeks; • Manage the rate and volume of stormwater discharged to the City’s system as well as local surface waterbodies; and • Comply with the regulatory requirements of the City’s National Pollutant Discharge Elimination System (NPDES) Phase II permit. To mitigate the impact of pollutant loads on rivers, the City is engaged in several stormwater activities, including pre‐ and post‐construction stormwater management, watershed planning and protection, and surface water quality enhancement efforts. These efforts protect City streets and properties from flooding, erosion, water pollution, property damage, and also enable the City to comply with federal and state regulatory requirements. 1.2 Stormwater Charge With formal adoption of a Stormwater Utility, the City also implemented a stormwater charge, effective July 1st, 2024, pursuant to City Code Chapter 110, ARTICLE V. The stormwater charge was created to provide a designated source of revenue to fund the City’s stormwater management Operations & Maintenance (O&M) costs and capital stormwater system infrastructure costs. A key objective of the stormwater charge is to facilitate equitable recovery of the City’s stormwater management costs from all the parcels within the City’s limits. Typically, it is not feasible to directly measure the actual stormwater runoff and its associated pollutant loads that a parcel contributes to the system. Hence, a stormwater charge is established based on a surrogate measure such as a parcel’s estimated effective impervious area. Impervious area typically refers to any hard and compacted surface area including paved areas, hard undeveloped surfaces, buildings, rooftops, driveways, walkways, decks and patios, compacted grassed areas and parking lots. The approach that is used to estimate the effective impervious area for the residential and all other stormwater classes of properties is described in the following sections. a) Residential Parcels For all the residential parcels (Single-family Residential Stormwater Class), the impervious area is calculated based upon a three-tiered system.

Stormwater Charge Credits, Grants, and Appeals Manual The impervious area was determined based on impervious coverage files from the Office of State Planning Coordination. Single-family uses were delineated and the impervious cover in each zoning district was divided by the number of lots to derive the average single-family impervious cover of each zone. From this point, residential zoning districts were grouped into tiers that have reasonably similar impervious covers as listed in Table 1, in the Appendix. A monthly stormwater charge is calculated by multiplying the ERU ratio by the ERU rate. b) All Other Stormwater Class: The monthly stormwater fee is calculated for all other stormwater classes by dividing the estimated impervious area for a parcel by the average impervious area for the Tier 1 single- family residential stormwater class to determine the ERU ratio. The ERU ratio is then multiplied by the ERU rate to determine the monthly stormwater charge. See Table 2, in the Appendix for examples of an impervious surface. The impervious surface area shall be capped at 1,000,000 sq. ft. c) Delinquency: i. Pursuant to City Ordinance, Sec. 1-13a, b ̶ Clean Hands, no person or entity or owner shall be eligible to receive any city services, utilities, permits, licenses, or approvals if that person, entity, or owner owes outstanding payments to the city ii. Pursuant to City Code §110-305, all penalties, fines, and costs associated with enforcement of this chapter shall be liens on the property to the extent permitted by Title 25, Chapter 29 of the Delaware Code. 1.3 Purpose In conjunction with the implementation of the stormwater charge, the City has established a stormwater credits, grants, and appeals program. a) Credits The purpose of the stormwater credits program is to enable parcel owners to seek reduction in stormwater charges if specific stormwater management measures have been implemented. The onsite stormwater management measures need to significantly reduce the volume of runoff into the City’s stormwater system and/or enhance the water quality in the surface water bodies into which a parcel’s runoff discharges. Stormwater Credits are associated with the construction, operation, and maintenance of privately owned stormwater management facilities that complement the City’s stormwater management efforts and support the City’s stormwater management and surface water quality protection activities. b) Charge Adjustment Appeals The purpose of the charge adjustments appeals process is to enable customers to appeal any potential exceptions relating to parcel ownership, stormwater classification, and stormwater credit qualification. For more information about the appeals process, please see section 3.0, Stormwater Charge Adjustment Appeals, of this manual.

Stormwater Charge Credits, Grants, and Appeals Manual 1.4 Definitions This section provides definitions for key terms relating to stormwater credits and the charge adjustments appeals process described in this technical manual. See also the definitions section of the City Code §110-301. All other stormwater classes: Refers to the various stormwater classes, except the single-family residential stormwater class. Appellant: Refers to the parcel owner or the owner’s authorized nominee who files an application for a charge adjustment appeal. Applicant: Refers to the parcel owner or the owner’s authorized nominee who files an application for a stormwater credit. Best Management Practices (BMPs): Best Management Practices are structural and/or non‐ structural stormwater management practices that are deployed in a property to control stormwater runoff and/or to improve the quality of stormwater runoff. Dwelling: Refers to a structure with one kitchen and one or more baths and bedrooms separate from the kitchen including houses, mobile homes, manufactured homes, apartments, and those attached to other dwellings or structures. Equivalent Runoff Unit (ERU): A unit of measure that is set to equal the median impervious area square footage of parcels of the Tier 1 single-family residential stormwater class. Equivalent Runoff Unit Ratio (ERU Ratio): Refers to the number of ERUs that are assigned to each parcel in the Single‐Family residential stormwater class, based on the tier assigned to each parcel. Impervious Area: The total square feet of hard surface areas including buildings, driveways, any attached or detached structures, and paved or hardscaped areas, or other surface areas that behave like an impervious area under wet weather conditions, that either prevent or restrict the volume of stormwater that can enter into the soil, and/or thereby cause water to run off the surface in greater quantities or at an increased rate of flow than what would have occurred under natural undisturbed conditions.

Stormwater Charge Credits, Grants, and Appeals Manual Single‐family Residential Stormwater Class: Parcels with a single-family, detached, semi‐ detached or attached dwelling. Stormwater Charge: Refers to the monthly charge for stormwater management assessed to a parcel within the city based on the impervious area of the parcel to be billed on the associated cycle billing route for the service location. Stormwater Management Facility: Refers to an engineered stormwater control structure specifically designed to reduce the quantity of runoff, while also improving the runoff quality. Tier: The tier value that is assigned to each parcel in the Single‐Family Residential Stormwater Class, based on the parcel’s actual impervious area. Water Quality: Those characteristics of stormwater runoff from a land disturbing activity that relates to the chemical, physical, biological, or radiological integrity of water. Water Quantity: Refers to those characteristics of stormwater that relate to the rate and volume of the stormwater runoff resulting from land disturbing activities.

Stormwater Charge Credits, Grants, and Appeals Manual 2.0 STORMWATER CREDITS 2.1 Objective The policies and procedures outlined for stormwater credits processes is designed based on the following key objectives: • Aid the City in meeting stormwater quality and quantity management, as well as flood mitigation needs. • Support the City’s NPDES Phase II permit compliance requirements. • Afford charge reduction opportunity for customers who reduce their burden on the stormwater system and services provided by the City through the operation and maintenance of stormwater best management practices. • Support equitable cost recovery of stormwater management costs. 2.2 Credit Policies The system of credits defined in this Stormwater Credits, Grants, and Appeals Manual (manual) is governed by the following policies: a) Credit Application Only parcels that pay for the maintenance of an onsite stormwater management facility are eligible to apply for stormwater quality/quantity credits. The Stormwater Credits Application (see Form C‐1 in the Appendix) and all supporting documentation must be filed by the applicant in writing to the Director of the Department of Public Works. The credit request may be filed any time but adjustments, if any, will be effective as stated in Section 2.2(h). of this manual. b) Types of Credits Quality Credits: Quality Credits are available to properties that pay into the maintenance of a stormwater management facility and/or directly own a stormwater management facility which was designed to effectively control pollutants in the runoff and to enhance water quality (see 2.2(c). of this manual) *. If water quality credits are provided, the City may at any time revoke the credits for non‐compliance with BMP maintenance standards. Quantity Credits: Quantity Credits are available to properties that control the rate of stormwater runoff contributed to the City’s stormwater system or surface water system (rivers, streams, etc.) *. Credits will not be provided for stormwater management practices that are under construction and/or are not fully functional and/or are not properly maintained. If quantity credits are provided, the City may at any time revoke the credits if the stormwater management systems are found to be poorly maintained and/or non‐functional. * (Subdivisions with an active HOA)

Stormwater Charge Credits, Grants, and Appeals Manual c) Quality Credits Quality Credit up to 15% may be provided if the parcel owns and/or pays into the maintenance of stormwater management practices that infiltrate between 1 and 2.5 inches of runoff in accordance with the following increments: Figure 1- Quality Credit (%) According to Depth of Runoff Managed (Inches) Total Depth of Runoff Quality Credit Managed (Inches) (%) 1.5 5.0 2.0 10.0 2.5 15.0 Consideration for credits may be given to additional water quality best management practices at the discretion of the Director of Public Works. Applicants must document and demonstrate that the BMPs exceed applicable Delaware Sediment and Stormwater requirements via certified engineering documentation. d) Quantity Credits Quantity Credit is available to parcels that utilize onsite structural stormwater management measures such as retention or detention ponds, or other non‐structural practices to manage stormwater runoff. The applicant must submit certified engineering documentation that affirms the existence of a fully functioning stormwater management facility that is privately owned. The applicant must also submit a maintenance agreement for the stormwater management facility that affirms the maintenance is privately funded. Quantity Credit up to 10% may be provided to parcels where the post‐development peak stormwater discharge rates are managed to pre‐development peak discharge rates as follows: • Manage the 10‐year post development peak discharge to the 2‐year pre‐development peak discharge; • Manage the 25‐year post development peak discharge to the 10‐year pre‐development peak discharge; • Manage the 50‐year post development peak discharge to the 25‐year pre‐development peak discharge; • Manage the 100‐year post development peak discharge to the 50‐year pre‐development peak discharge.

Stormwater Charge Credits, Grants, and Appeals Manual Design standards and criteria of the stormwater management structures must conform to the guidelines and design standards defined in Section 10.0 of the Delaware Sediment and Stormwater Regulations of Title 7 Natural Resources & Environmental Control Administrative Code as most recently issued by the DNREC Division of Soil and Water Conservation. e) Maximum Credits The maximum allowable stormwater credits for quantity reduction (Quantity Credits) is 10% of the ERU rate for the parcel seeking the credit. The maximum allowable stormwater credits for quality control (Quality Credits) is 15% of the ERU rate. The maximum aggregate stormwater credit for any individual parcel cannot exceed 25% of the ERU rate for the parcel. However, when special circumstances arise, such as a property infiltrating 100% of its stormwater, then the City may, at its discretion, provide up to a maximum of 50% credit. f) Application Fee A credit application will not be considered complete and will not be processed unless accompanied by a non‐refundable fee of $150.00 per parcel, along with all other required supporting documentation as outlined in this Stormwater Utility Credits and Appeals Manual. If the application fee check submitted is uncollectible, the Department of Public Works will terminate the technical review, until a valid application fee is credited. g) Renewal of Credits Any stormwater quantity or quality credit that is provided to a parcel is contingent on continued maintenance and operation of the private stormwater facilities or devices, as stipulated by the Director of Public Works. The City may revoke the stormwater credits at any time for non‐ compliance. The approved credits are valid for a four‐year term, with the credits expiring on December 31st of the fourth year. Renewal of the Credit is contingent on the Applicant submitting a Stormwater Credits Renewal Application (See Form C‐2 in the Appendix) accompanied by a non‐refundable re‐filing fee of $100, by October 1st of the calendar year in which the credits are due to expire. h) Credit Adjustments For all stormwater credit applications received before October 1, 2024, any approved stormwater credits will be effective retroactively from July 1, 2024. The total amount of the Retroactive credit will be applied to the customer’s future bill. For all stormwater credit applications received beginning October 1, 2024, any approved stormwater credits will become effective only from the billing period in which the appeal Application is received and considered administratively complete. There will be no retroactive adjustments for prior billing periods.

Stormwater Charge Credits and Appeals Manual i) Stormwater Charge Payment A pending credit request application shall not constitute a valid reason for non‐payment of the currently assessed stormwater charge. All stormwater charges that are outstanding at the time of filing of the application must be paid in full prior to the City commencing the technical review unless that requirement is waived in writing by the Director of Public Works. j) Documentation Costs The City will not reimburse any costs that the applicant incurs in the preparation of the required documentation and/or the credit request application package. k) Burden of Proof The burden of proof shall be on the applicant to demonstrate the validity of the credit application by providing clear and convincing evidence as required by the application. l) Right‐of‐Entry and Documentation Review Following submission of a stormwater credits application, the City shall have an automatic Right‐ of‐Entry into the parcel, following notice to the parcel owner, for the sole purpose of inspecting the facility/structure or system in the parcel for which the charge adjustment appeal is requested. m) Decision The Director of Public Works will review and send a written notice of disposition to the applicant, with a copy to the Director of Finance, within 60 days of the receipt of the fully completed credits request package, unless any extraordinary circumstances necessitate additional review time. The decision of the Director of the of Public Works is final.

Stormwater Charge Credits and Appeals Manual 2.3 Stormwater Credits Application Requirements The Applicant applying for stormwater credits for one or more parcels must adhere to the following credit request application stipulations. a) Application Stormwater credit request for each parcel must be initiated by the applicant. The applicant must submit a fully completed Stormwater Credits Application (See Form C‐1 in the Appendix) if applying for first time credits, or a fully completed Stormwater Credits Renewal Application (See Form C‐2 in the Appendix) if applying for renewal of credits. The application must be accompanied by the appropriate application fee and supporting documentation. Only one application is allowed per parcel and the applicant may seek more than one type of credit defined in Section 2.2(b), in a single application. The applicant must submit a separate application package and application fee for each parcel being appealed. b) Supporting Documentation The applicant shall provide the following technical documentation: i. Conceptual site plan and structural control location diagram showing the site, topographic details, overland flow paths, all stormwater facilities, and surrounding area. ii. Maps with locations, dimensions, and characteristics of existing and proposed storm drainage patterns and facilities. iii. Topographic map outlining the size of the drainage area upstream of the developed parcel. iv. Maps indicating existing and proposed grading and locations of all structures including buildings, parking, driveways, paving, and other impervious areas. v. Detailed engineering calculations that show the comparative results of pre‐development runoff to post‐development runoff that is routed through the stormwater control structures. vi. As‐built plan drawing may be utilized. The required technical documentation and drawings listed above must be certified by a registered professional engineer or certified land surveyor. The Director may waive in writing the submission of a land survey or other technical documentation. c) Fees Stormwater Credits are granted for a fixed term of four (4) years and a first-time request requires a non‐refundable application fee of $150.00 with the original application (Form C‐1) submittal.

Stormwater Charge Credits and Appeals Manual Stormwater credits renewal process requires a non‐refundable application fee of $100.00 with the renewal application (Form C‐2) submittal. The application fee can be mailed or paid at the front counter in City Hall. Checks must be made payable to the City of Dover. Please do not mail cash. d) Schedule The applicant can apply for first-time stormwater credits at any time. However, the stormwater credits renewal application must be filed by October 1st of the calendar year in which the credits are due to expire. 2.4 Credits Application Procedures The following general procedures will be adhered to during the receipt, processing, and disposition of the stormwater credits application: The applicant can either download Form C‐1 or Form C‐2 as appropriate from the City’s website or request Customer Service to mail the application. The completed application, supporting documentation, and the appropriate non‐refundable application fee must be submitted to: Director of Public Works City of Dover 5 E Reed Street Dover, DE 19901 The Department of Public Works will review and reply to the applicant, with a copy to the Director of Finance, within 60 days of the receipt of the fully completed stormwater credits request package, unless any extraordinary circumstances necessitate additional review time. Stormwater credits, if approved, will become effective as stated in Section 2.2(h).

Stormwater Charge Credits and Appeals Manual 3.0 STORMWATER CHARGE ADJUSTMENT APPEALS 3.1 Objectives The policies and procedures outlined for stormwater charge adjustments processes are designed based on the following key objectives: • Provide a mechanism to address exceptions, if any, in parcel ownership, stormwater class assignment, stormwater fee, and the assigned tier for each parcel. 3.2 Charge Adjustments Appeal Policies The system of charge adjustments appeals defined in this manual is governed by the following policies: a) Reasons for Charge Adjustments Appeal Application The appellant can file for a charge adjustment to appeal one or more of the following as applicable: i. Stormwater Classification or Parcel Ownership: The appellant can file an adjustment request if the stormwater class or parcel ownership that is assigned to a parcel is believed to be inaccurate. ii. Assigned tier: The appellant can file an adjustment request if the parcel owner believes the assigned tier is incorrect. iii. Incorrect impervious surface estimate (NOT applicable to single-family residential stormwater class): The appellant can file an adjustment request if the parcel owner believes the estimated impervious surface is incorrect. The City will not accept stormwater charge adjustment appeal application for any reason other than those stipulated above. b) Charge Adjustment Appeals Application The stormwater charge adjustment appeal and all supporting documentation must be submitted by the appellant, in writing, to the Director of Public Works. The appeal may be filed any time but adjustments, if any, will only be effective as stated in Section 3.2(d). The following forms, as provided in the Appendix, must be used when filing charge adjustment appeals: i. Form A‐1: Single-Family Residential Stormwater Class Adjustment Request ii. Form A‐2: All Other Stormwater Class Fee Adjustment Request A Charge Adjustment Appeal Application filed using Forms A‐1 and A‐2 for reasons (i) through (iii) listed in Section 3.2(a), will not be considered complete and will not be processed unless accompanied by all documentation stated in this manual. c) Application Fee No application fee is required.

Stormwater Charge Credits and Appeals Manual d) Stormwater Charge Adjustments For all stormwater charge adjustment appeal applications received before October 1, 2024, any approved stormwater charge adjustments will be applied retroactively to July 1 2024. The total amount of the retroactive adjustment will be applied to the customer’s future bill. For all stormwater charge adjustment appeal applications received beginning October 1, 2024, approved stormwater charge adjustments will become effective only from the billing period in Which the appeal application is received and considered administratively complete. There will be no retroactive adjustments for prior billing periods.

Stormwater Charge Credits and Appeals Manual 3.3 Charge Adjustment Appeal Application Requirements The appellant applying for stormwater charge adjustments for one or more parcels must adhere to the following charge adjustment application stipulations. a) Application The charge adjustments appeal for each parcel must be initiated by the appellant. The appellant must submit a fully completed Stormwater Charge Adjustment Appeal Application (See Form A‐1 or Form A‐2) accompanied by the appropriate supporting documentation, as outlined in Sections 3.2, 3.3 and 3.4. Only one application is allowed per parcel, and the application may seek more than one type of charge adjustment defined in Section 3.2. The appellant must submit a separate application package and application fee, if any, for each parcel being appealed. The completed application, supporting documentation, and the appropriate non‐refundable application fee, if any, must be submitted to: Director of Public Works City of Dover 5 E Reed Street Dover, DE 19901 b) Supporting Documentation The appellant must provide the following technical documentation when filing for a stormwater charge adjustments appeal. i. Stormwater Classification or Parcel Ownership: Appellant must submit valid documentation prepared by a registered land surveyor showing gross parcel area. In addition, the appellant may provide documentation such as a parcel deed and parcel map to demonstrate the address of the parcel area and any other information the Director may specify. ii. Assigned Tier: Appellant must submit valid documentation such as a site plan, parcel map, “as‐built” construction drawings certified by a registered land surveyor or a professional engineer, and any other information the Director may specify to demonstrate the correct tier of the parcel. iii. Incorrect impervious surface estimate (NOT applicable to single-family residential stormwater class): Submit supporting documentation duly certified by a registered professional engineer or land surveyor. Required documentation includes a site plan, parcel map, building plans, as‐built drawings, and impervious area calculations. Survey data provided in support of the above appeals must be prepared within or recertified within the last 12 months. The Director may waive in writing the submission of a land survey. c) Schedule The appellant can apply for a charge adjustment at any time. However, all stormwater charge adjustments will be effective as outlined in Section 3.2(d).

Stormwater Charge Credits and Appeals Manual 3.4 Charge Adjustment Appeals Application Procedures Any customer who objects to the stormwater utility staff’s determination on their assigned stormwater charge may submit an appeal, in writing, to the Director of Public Works. The appeal must be submitted according to the procedures in 3.3(a-c) of this manual. The Director of Public Works will review and send a written disposition (final decision) to the appellant, with a copy to the Director of Finance, within 60 days of the receipt of the fully completed stormwater charge adjustments appeals package. Final Decisions made by the Director of Public Works may be appealed to the Legislative, Finance, and Administrative Committee. The appeal will be put on the next available agenda for the Council Committee of the Whole. Stormwater charge adjustments, if approved, will become effective as stated in 3.2(d).

Stormwater Charge Credits and Appeals Manual 4.0 STORMWATER GRANTS 4.1 Residential Stormwater Project Cost Sharing Stormwater and drainage issues on private property are excluded from the City’s jurisdiction. The City recognizes that these stormwater issues and their associated solutions may result in significant and sometimes unexpected costs. To help reduce the burden on customers, the City will offer cost sharing up to 25% of the estimated project costs. Customers are encouraged to explore additional funding options, such as the Community Water Quality Improvement Grant. Cost sharing will be limited to addressing stormwater related issues as deemed appropriate by the Department of Public Works. Funding may not be used to address other private property issues. In order to be considered for cost sharing support, customers must complete and submit a grant request application form (Form D‐1) to the Department of Public Works. a) Supporting Documentation The applicant must provide the following information: i. Project Description ii. Description of Anticipated Benefits iii. Estimated Project Costs iv. Requested Grant Amount The following documentation would aid in application review, but is not required: • Site plans or sketches showing the problem area and proposed solution • Engineering drawings and/or calculations • Engineer’s cost estimate or Contractor’s quote b) Cost Sharing Maximum Amount Eligible customers may receive up to 25% matching funds based upon estimated construction costs up to a maximum of $5,000. c) Funding Availability Total annual available funding for cost-sharing will be limited to the annual appropriation as approved by City Council. Applications will be considered on a first come first serve basis.

Stormwater Charge Credits and Appeals Manual 4.2 Grant Program Request Application Requirements a) Eligibility Requirements Residential customers who are current on their stormwater bills may submit a grant request. b) Application The applicant must submit a fully completed Stormwater Grant Request Application (See Form G-1 in the Appendix), accompanied by the supporting documentation, as applicable. c) Supporting Documentation See 4.1(a) for supporting documentation that is required. 4.3 Grant Program Requests Application Review and Approval The following general procedures will be adhered to during the receipt, processing, and deposition of the stormwater grants requests process: The appellant can either download Form D-1 from the City’s website or request Customer Service to mail the application. The completed application and supporting documentation must be submitted to: Director of Public Works City of Dover 5 E Reed Street Dover DE, 19901 Following Receipt of a completed grant request application (Form D-1), the following general procedures will be adhered to during the receipt, processing, and disposition of stormwater grant program requests: a) Schedule The customer may submit a grant request application at any time. However, please note review and approval of grant requests varies based upon the type of request as outlined below. Grant requests will be reviewed and approved as follows: For Residential Stormwater Project Cost Sharing, the Department of Public Works will review cost sharing requests for completeness. Staff will send formal written notification regarding whether or not the request is complete and has been accepted for further consideration. • Each quarter, the Department of Public Works will review and approve projects. • The Department of Public Works will inform the customer within 30 days of the decision. If a project is selected for cost sharing, the letter will include the approved matching funds and additional information regarding next steps.

Stormwater Charge Credits and Appeals Manual Note – Funding for cost sharing is limited to the City’s annual budget appropriation. Eligible customers may receive up to a 25% matching fund based upon estimated construction costs ($5,000 maximum). In the event all grant money is not awarded in any given year, special consideration will be given to community projects with several applicants. 5.0 STORMWATER CREDITS AND CHARGE ADJUSTMENTS EXAMPLES 5.1 Stormwater Credits The following examples illustrate the calculation procedures that would be applied in the assessment of monthly stormwater charges if stormwater credits are approved for a parcel. The examples are based on a Tier 1 Single-Family Residential Stormwater Class parcel, a monthly ERU ratio of 1, multiplied by the stormwater charge of $6.00, equaling $6.00/month. d) Quality Credit The following example shows the credit amount calculation and the billable monthly stormwater charge for a parcel that is granted a Quality Credit only. Total original monthly stormwater charge: $6.00 Approved Quality Credit: 15% Applied Quality Credit Adjustment: $6.00 - (15% x $6.00) = $5.10 Total Billable monthly stormwater charge: $5.10 Quality Credit Amount Issued to the Parcel: ($6.00 ‐ $5.10) = $0.90 e) Quantity Credit The following example shows the credit amount calculation and the billable monthly stormwater charge for a parcel that is granted a Quantity Credit only. Total original monthly stormwater charge: $6.00 Approved Quantity Credit: 10% Applied Quantity Credit Adjustment: $6.00 - (10% x $6.00) = $5.40 Total Billable monthly stormwater charge: $5.40 Quantity Credit Amount Issued to the Parcel: ($6.00 ‐ $5.40) = $0.60

Stormwater Charge Credits and Appeals Manual 5.2 Storm Water Charge Adjustments Appeal The following example illustrates the calculation procedures that would be applied in determining a revised impervious surface estimate in the case of an All Other Stormwater Class parcel that files an adjustment appeal seeking impervious area variance, and in determining the revised monthly storm water charge. If a Single-Family Residential parcel is misclassified, please fill out form A-1 in the Appendix and if approved, your rate will equal that of the appropriate Tier. For All Other Stormwater Class adjustments fill out form A-2 and see below for example calculations. b) Inaccurate Impervious Area Estimation for All Other Stormwater Classes The calculations for this example are based on the following assumptions: • Non‐residential parcel with a Gross Parcel Area of 190,000 sq. ft. • Impervious Area for this parcel is estimated using impervious coverage files from the Office of State Planning Coordination. • The property consists of a building that is 100,000 sq. ft.; sidewalks of 10,000 sq. ft.; gravel parking lot of 50,000 sq. ft.; and grass area of 30,000 sq. ft. For a total of 160,000 sq. ft. of impervious surface Individual runoff coefficients are assigned to the various land cover delineations as shown in Figure 2. Multiplying the individual runoff coefficient by the land cover delineation equals the adjusted, calculated impervious area in sq. ft. Figure 2- Calculation of Impervious Area Based on Actual Land Cover Delineation Land Cover Area (Sq. Individual Calculated Delineation Ft.) Land Cover Impervious Runoff Area (Sq. Ft.) (1) Coefficients (4)= (2)x(3) (2) (3) Structures 100,000 1.00 100,000 Asphalt 10,000 0.95 9,500 Loose Gravel 50,000 0.50 25,000 Grass 30,000 0.30 9,000 Total Property 190,000 143,500 Gross Area

Stormwater Charge Credits and Appeals Manual Original monthly charge calculation: • Average impervious area for Tier-1 Single-Family Residential Stormwater Class is 1,400 sq. ft. • 160,000 / 1,400 = ERU ratio of 114.29 • ERU ratio of 114.29 x ERU rate of $6.00 = $685.71 per month. Revised Monthly Stormwater Charge Calculation: • Total Impervious Area Based on Land Cover Delineation (Impervious examples on Table-2) = 143,500 sq. ft. • Total revised ERUs: 143,500 sq. ft. / 1,400 sq. ft. = 102.5 ERUs • Total revised monthly stormwater charge: 102.5 ERUs x $6.00 = $615

Stormwater Charge Credits and Appeals Manual APPENDIX

Stormwater Charge Credits and Appeals Manual Table 1 ‐ Single Family Residential Classes Tier No. Applicable Zoning Average Impervious ERUs Monthly Districts Area (Square Feet) Charge 1 RG-1, RG-2, RG-3, RM-1 1,700 1.0 $6.00 2 RM-2, R-7, R-8 2,400 1.4 $8.40 3 R-10, R-15, R-20 3,700 2.2 $13.20 Table 2 ‐ Runoff Coefficients for Land Cover Delineations Type of Land Cover Land Cover Runoff Factor Water / River / Stream 0.00 Woods / Marsh / Wetlands 0.10 Grass 0.30 Loose Gravel (Ex. Gravel Parking Area) 0.50 Cobblestone / Brick 0.80 Concrete 0.95 Asphalt 0.95 Structures 1.00

Request Number Form A‐1 ‐ RESIDENTIAL (Internal use only) CITY OF DOVER, DELAWARE STORMWATER FEE ADJUSTMENT REQUEST Parcel ID: Account#: Date: Parcel Owner: Service Address: Mailing Address: Email: Phone: INNACCURATE STORMWATER CLASS Indicate the current class and the class that is being requested. (See Table 1 on reverse side of this form for reference). Current SW Class: Requested SW Class: Indicate the current Tier that is being requested. (See Table 1 on reverse side of this form for reference). Current SW Tier: Requested SW Tier: OWNER CERTIFICATION and RIGHT‐OF‐ENTRY: I certify that the information contained in the application is, to the best of my knowledge, correct and represents a complete and accurate statement. I further understand that the stormwater fee adjustment will be based on the information provided and the City may revoke the fee adjustment if a later determination indicates that the information provided was inaccurate. I hereby grant permission for a City representative to enter the parcel for the purpose of inspecting the facility/structure or system in the property for which fee adjustments appeal is requested. Signature of Owner Date Revised Date: March 2021 A‐1‐1

Request Number Form A‐1 ‐ RESIDENTIAL (Internal use only) CITY OF DOVER, DELAWARE STORMWATER FEE ADJUSTMENT REQUEST FOR CITY USE ONLY (To be completed by City): Application Received By: Date Received: Application Reviewed By: Date Reviewed: Application Status: Approved: Denied: Remarks: TABLE 1 – SINGLE FAMILY RESIDENTIAL CLASS Tier No. Applicable Zoning Average Impervious ERUs Monthly Districts Area (Square Feet) Charge 1 RG-1, RG-2, RG-3, RM-1 1,700 1.0 $6.00 2 RM-2, R-7, R-8 2,400 1.4 $8.40 3 R-10, R-15, R-20 3,700 2.2 $13.20 *Any property not within the zoning districts of Table-1 are considered “All Other Stormwater Class”. Send the Completed Application and Supporting Documentation To: The Director of Public Works City of Dover 5 E Reed St Dover, DE 19901 For inquiries, please call: (302) 736-7025 (NOTE: A separate application form and supporting documentation must be filed for each parcel) Revised Date: March 2021 A‐1‐2

Form A‐2 – ALL OTHER Request Number STORMWATER CLASS (Internal use only) CITY OF DOVER, DELAWARE Parcel ID: Account #: Date: Parcel Owner: Service Address: Mailing Address: Email: Phone: REASON FOR FEE ADJUSTMENT REQUEST: (Check one or more of the following) Inaccurate Stormwater Class: Indicate the current class and the class that is being requested. (See Table 1 on reverse side of this form for reference). Current SW Class: Requested SW Class: Inaccurate Estimation of Impervious Area: Indicate the current Impervious Area and the revised Impervious Area that is being requested. Submit supporting documentation duly certified by a registered professional engineer or land surveyor. Required documentation includes site plan, parcel map, building plans, as‐built drawings, and impervious area calculations. Current Impervious: Sq. Ft. Requested Impervious: Sq. Ft. OWNER CERTIFICATION and RIGHT‐OF‐ENTRY: I certify that the information contained in the application is, to the best of my knowledge, correct and represents a complete and accurate statement. I further understand that the stormwater fee adjustment will be based on the information provided and the City may revoke the fee adjustment if a later determination indicates that the information provided was inaccurate. I hereby grant permission for a City representative to enter the parcel for the purpose of inspecting the facility/structure or system in the property for which fee adjustments appeal is requested. Signature of Owner Date Revised Date: March 2021 A‐2‐1

Form A‐2 – ALL OTHER Request Number STORMWATER CLASS (Internal use only) CITY OF DOVER, DELAWARE FOR CITY USE ONLY (To be completed by City): Application Received By: Date Received: Application Reviewed By: Date Reviewed: Application Status: Approved: Denied: Remarks: TABLE 1 – SINGLE FAMILY RESIDENTIAL CLASS Tier No. Applicable Zoning Average Impervious ERUs Monthly Districts Area (Square Feet) Charge 1 RG-1, RG-2, RG-3, RM-1 1,700 1.0 $6.00 2 RM-2, R-7, R-8 2,400 1.4 $8.40 3 R-10, R-15, R-20 3,700 2.2 $13.20 *Any property not within the zoning districts of Table-1 are considered “All Other Stormwater Class”. Send the Completed Application and Supporting Documentation To: The Director of Public Works City of Dover 5 E. Reed St Dover, DE 19901 For inquiries, please call: (302) 736‐7025 (NOTE: A separate application form and supporting documentation must be filed for each parcel) Revised Date: March 2021 A‐2‐2

Form C‐1 Request Number (Internal use only) CITY OF DOVER, DELAWARE STORMWATER FEE CREDIT APPLICATION I. General Information Parcel ID: Account #: Date: Parcel Owner: Service Address: Owner Phone: City / State / Zip: Owner Email: Mailing Address: Authorized Nominee: City / State / Zip: Nominee Phone: Stormwater Class: Nominee Email: Credit Request: Quantity Quality Special Circumstance II. Required Documentation Checklist Check if any of the following attachments are included: As‐Built Drawings Site Map / Plan Drainage Area Pre‐development and Post‐development Calculations for the 2-, 10-, 25-, 50- and 100-year Design Storms Routing Calculations through the Facility or Control for the 2-, 10-, 25-, 50- and 100-year Design Storms Total Storage Volume of Facility or Control Emergency Spillway Size, Type, Configuration and Rating Maintenance Plan / Schedule and copy of last inspection performed by Kent Conservation District Application Fee of $150.00 (Non‐Refundable) Payable to the City of Dover III. Engineer Certification I certify that the “As‐Built Drawings” and other maps are an accurate representation of the subject stormwater facility or control, and that the required calculations have been performed as per acceptable engineering standards. Registered Professional Engineer: Registration Number: Company: Phone: Email: Signature of Engineer Date Revised Date: March 2021 C‐1‐1

Form C‐1 Request Number (Internal use only) CITY OF DOVER, DELAWARE STORMWATER FEE CREDIT APPLICATION IV. Owner Certification and Right‐of‐Entry I certify that the information contained in the application and in the attached documents is, to the best of my knowledge, correct and represents a complete and accurate statement. I further understand that the stormwater credit will be based on the information provided and the City may revoke the credit if a later determination indicates that the information provided was inaccurate. I hereby grant permission for a City representative to enter the parcel for the purpose of inspecting the facility/structure or system in the parcel for which stormwater credit is requested. Signature of Owner Date V. FOR CITY USE ONLY (To be completed by the City) Application Received By: Date Received: Application Reviewed By: Date Reviewed: Application Status: Approved: Denied: Credit Approved (%): Quantity: Quality: Remarks: Send the Completed Application and Supporting Documentation To: The Director of Public Works City of Dover 5 E. Reed St Dover, DE 19901 For inquiries, please call: (302) 736‐7025 (NOTE: A separate application form and supporting documentation must be filed for each parcel) Revised Date: March 2021 C‐1‐2

Request Number Form C‐2 (Internal use only) CITY OF DOVER, DELAWARE STORMWATER FEE CREDIT RENEWAL APPLICATION I. General Information Parcel ID: Account #: Date: Parcel Owner: Service Address: Owner Phone: City / State / Zip: Owner Email: Mailing Address: Authorized Contact: City / State / Zip: Contact Phone: Stormwater Class: Contact Email: Credit Renewal Request: Quantity Quality Special Circumstance II. Supporting Documentation Checklist Check if any of the following attachments are included: As‐Built Drawings (if changed) Site Map / Plan (if changed) Drainage Area Maps (if changed) Written Description of Inspection and Maintenance Activities Performed During the Past Year Maintenance Plan / Schedule and copy of last inspection performed by Kent Conservation District Annual Renewal Fee of $100.00 (Non‐Refundable) Payable to the City of Dover III. Owner Certification I certify that the information contained in the application and in the attached documents is, to the best of my knowledge, correct and represents a complete and accurate statement. I further understand that the stormwater credit will be based on the information provided and the City may revoke the credit if a later determination indicates that the information provided was inaccurate. I hereby grant permission for City representative to enter the parcel for the purpose of inspecting the facility/structure or system in the parcel for which stormwater credit is requested. Signature of Owner Date Revised Date: March 2021 C‐2‐1

Request Number Form D‐1 (Internal use only) CITY OF DOVER, DELAWARE STORMWATER GRANT REQUEST APPLICATION IV. FOR CITY USE ONLY (To be completed by the City) Application Received By: Date Received: Application Reviewed By: Date Reviewed: Application Status: Approved: Denied: Credit Approved (%): Quantity: Quality: Remarks: Send the Completed Application and Supporting Documentation To: The Director of Public Works City of Dover 5 E. Reed St Dover, DE 19901 For inquiries, please call: (302) 736‐7025 (NOTE: A separate application form and supporting documentation must be filed for each parcel) Revised Date: March 2021 C‐2‐2

Request Number Form D‐1 (Internal use only) CITY OF DOVER, DELAWARE STORMWATER GRANT REQUEST APPLICATION Parcel ID: _ Account#: Date: Parcel Owner: Service Address: Mailing Address: Email: Phone: REQUESTED SUPPORT: (Check one of the following) Stormwater Project Cost Sharing: Please describe the subject project for which matching funds are requested. Attach additional sheets if necessary. Benefits: Please describe the anticipated benefits of the proposed project. Check if any of the following attachments are included (recommended): Site Map / Plan Stormwater Facility Details Drainage Area Maps Engineer’s Cost Estimate / Contractor Quote Engineering Drawings Photos Engineering Calculations Other: ________________________________________________________________________________________________________________ Revised Date: November 2021 D-1-1

Request Number Form D‐1 (Internal use only) CITY OF DOVER, DELAWARE STORMWATER GRANT REQUEST APPLICATION Cost Information: Please provide the following cost information. Note – matching funds are provided based upon 25% of the estimated construction costs up to a maximum $5,000. Estimated Construction Costs: $ Requested Grant Amount: $ Other Anticipated Grants (if any): $ FOR CITY USE ONLY (To be completed by City): Application Received By: Date Received: Application Reviewed By: Date Reviewed: Application Status (as applicable): Stormwater Project Cost Sharing: Yes No Date Public Works Approval: Recommend to CAC: CAC Approval: Final Decision: Approved: Denied: Match: $ Remarks: _____________________________________________________________________________________________ Revised Date: November 2021 D-1-2

Request Number Form D‐1 (Internal use only) CITY OF DOVER, DELAWARE STORMWATER GRANT REQUEST APPLICATION Send the Completed Application and Supporting Documentation To: The Director of Public Works City of Dover 5 E Reed Street Dover, DE 19901 For inquiries, please call: (302) 736-7025 ___________________________________________________________________________________________________ Revised: November 2021 D-1-3

ACTION FORM Item 2. PROCEEDING: Council Committee of the Whole- Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: May 6th, 2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Amendments to Dover Code of Ordinance REFERENCE: Proposed Ordinance #2024-14 – Amending Chapter 1- General Provisions RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approve text amendments in Proposed Ordinance #2024-14. BACKGROUND AND ANALYSIS Proposed amendments to this chapter remove language that requires the doubling of fines. 47

Item 2. PROPOSED ORDINANCE #2024-14 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 1 – General Provisions, Section. 1-17. – General penalty; separate offenses; unpaid fines, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: Sec. 1-17. General penalty; separate offenses; unpaid fines. Whenever in this Code or in any ordinance of the city any act or omission is prohibited or is made or declared to be unlawful or a violation, or whenever in said Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or a violation, and no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punishable as provided for in Appendix F—Fees and Fines. Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Code 1968, § 1-12; Code 1981, § 1-10; Ord. of 8-10-1987, § 1; Ord. of 8-14-1995; Ord. of 9-22- 2003(2); Ord. No. 2009-09, 6-22-2009) Charter reference(s)—Penalty for ordinance violations, subpart A, § 17. ADOPTED: * SYNOPSIS This proposed amendment to this chapter removes language that requires the doubling of fines. (SPONSORS: ANDERSON and HUGG) Action History 05/14/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration Committee Created: 2024-01-29 16:25:05 [EST] (Supp. No. 39) Page 1 of 2 48

Item 2. Created: 2024-01-29 16:25:05 [EST] (Supp. No. 39) Page 2 of 2 49

ACTION FORM Item 3. PROCEEDING: Council Committee of the Whole- Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: May 6th, 2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Amendments to Dover Code of Ordinance REFERENCE: Proposed Ordinance #2024-15 – Amending Chapter 22- Buildings and Building Regulations RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approve text amendments in Proposed Ordinance #2024-15. BACKGROUND AND ANALYSIS Proposed amendments to this chapter remove language that requires the doubling of fines. Amendments also add transparency defining how and when a fine is issued. Language has been added and updated to clarify the responsibilities of the property owner. Finally, this proposal defines penalties for life safety violation. 50

Item 3. PROPOSED ORDINANCE #2024-15 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 22 - Buildings and Building Regulations, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: ARTICLE I. IN GENERAL Sec. 22-1. Construction and property maintenance code board of appeals. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local real estate industry association. Members shall serve one-year terms unless sooner removed. All appointments are subject to confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of appeals shall elect one of its members as chairperson. (b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing. Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Code 1981, § 5-3; Ord. of 4-25-1994; Ord. No. 2016-19 , 8-22-2016) Sec. 22-2. Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. (Ord. of 4-10-2006(1)) Secs. 22-3—22-30. Reserved. ARTICLE II. BUILDING INSPECTOR 51

Item 3. Sec. 22-31. Office created; appointment. There is hereby created the office of building inspector. The building inspector shall be selected by the city council during its annual meeting. (Code 1968, § 2-75; Code 1981, § 5-1) Charter reference(s)—Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-32. Additional powers and authority. Along with other powers and authority granted to the building inspector in this chapter, including the codes adopted herein, the building inspector shall have the following powers and authority: (1) Temporary certificates of occupancy. The building inspector shall have authority to issue temporary certificates of occupancy for buildings and structures which do not comply with the codes, upon the terms and conditions as set forth in this section. (2) Affidavit to complete work. In the event that the owner and builder of a structure are in agreement that certain items, such as grading, seeding, soil stabilization, and other similar work, cannot be completed because of the weather or the season, but that these items can be completed by the builder after a temporary certificate of occupancy is granted, and the owner takes possession of the property, then the building inspector may grant a temporary certificate of occupancy, conditioned upon the builder executing an affidavit agreeing to complete the necessary items specified therein, within a time period specified therein, with sanctions to be imposed by the building inspector for noncompliance by the builder, to include, but not to be limited to, revocation of the temporary certificate of occupancy, refusal to issue to the builder further building permits on other parcels, and such other administrative action as the building inspector may deem appropriate. (3) Hardship. Upon adequate hardship being shown to the building inspector and upon agreement of all parties, including the owner or equitable owner and the builder, the building inspector may issue temporary certificates of occupancy for buildings and structures where any work of a minor nature is required in the future to comply with the codes, provided that all parties sign an agreement to this effect and the builder executes an affidavit, with the conditions and stipulations provided in subsection (2) of this section, agreeing to the imposition of sanctions for noncompliance to be imposed by the building inspector. (4) Agreements and affidavits for granting certificates. The building inspector shall prepare uniform agreements and affidavits to be used in granting temporary certificates of occupancy as stated herein. (5) The building inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary, in the execution of their duties. 52

Item 3. a. The building inspector shall notify the owner and tenant before conducting any inspection. b. The building inspector or his duly authorized assistants shall display identification signed by the city manager upon commencing an inspection. c. Inspections shall be commenced in the presence of the owner, or his representative or tenant. (Code 1981, § 5-2; Ord. of 5-13-1991; Ord. of 4-14-2008) Secs. 22-33—22-60. Reserved. ARTICLE III. BUILDING CODE Sec. 22-61. Adopted. (a) International Building Code adopted. Certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Building Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Building 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 International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet. 2. Oil derricks. 3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 4. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 3 of 47 53

Item 3. 7. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 8. Swings and other playground equipment accessory to a one or two-family dwelling. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U Occupancies. 9. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height. Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end of the section: "and does not exceed the 3 year time limit as stated in 105.5.2."; and insert the following subsections: 105.5.1. Time limitation of permit. A permit for any activity for which a permit is required shall be valid for 180 days from the date of issuance. One 180-day extension may be granted without additional charge to the permit holder. Additional 180-day extensions may be granted with payment of a renewal fee as specified in Appendix F: Fees and Fines. 105.5.2. Completion of construction. All construction for which a building permit is required must be completed and pass final inspection within three (3) years after issuance of the building permit. If not completed within three (3) years, a new building permit must be obtained and any associated fees paid incurred by the previous submission. SECTION 107 SUBMITTAL DOCUMENTS 107.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed." Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance with the schedule as established by the applicable governing authority". New construction valuation will be confirmed using the most current ICC valuation chart information unless otherwise approved by the authority having jurisdiction. 54

Item 3. SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations, Article I—In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines as provided for in Appendix F—Fees and Fines. Each day that a violation continues shall be deemed a separate offense." in place of: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." Section 1612.3. Flood Insurance Study for the City of Dover, dated July 7, 2014, or as subsequently amended or revised. Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher. Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain document, three copies of which are on file in the licensing and permitting office in the city, being marked and designated as the International Residential Code 2009 edition, as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the building code adopted in subsection (a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 55

Item 3. Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200". Delete numbers 2 through 5 in their entirety. Replace number 7 with the following: "Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2 sets and as defined by the professional registration laws of the State of Delaware and be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed". Where special conditions exist, the building official is authorized to require additional construction documents as described here. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. SECTION R108 FEES R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in accordance with the schedule as established by the applicable governing authority". SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. SECTION R113 VIOLATIONS Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation Penalties" in place of "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law." SECTION R114 STOP WORK ORDER Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." 56

Item 3. TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Design Seismic Subject to Damage From Winter Ice Flood Air Me d g Snow Speed Topo- Design Weatheringa Frost Termitec Design Barrier Hazards Freezing Ann Load (mph) graphic Categoryf line Tempe Under- Indexi Tempe effectsk Depthb layment Requiredh 25 95 NO A Severe 24" Moderate 14° NO Adopted 450 55 gust To in 77 Heavy Chapter fastest 50 of the Code of the City of Dover Table R301.2(1), footnote (g): September 16, 1982, Flood Insurance Study for Kent County and Incorporated Areas, dated July 7, 2014, or as subsequently amended or revised. Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following at the end of footnote "c": Calculations demonstrating compliance with the minimum live load shall be provided by a registered design professional for stairs and fire escapes that do not have additional "stringer" or "carriage" support located and equally distributed in the middle section of the stair width. SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS—Delete this section in its entirety. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 18 inches or at least 3.5 feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2. CHAPTER 4 FOUNDATIONS 57

Item 3. SECTION R403 FOOTINGS R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing." Insert ", but in all cases shall be a minimum of 24 inches × 24 inches × 12 inches deep." at the end of the following sentence: "The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table 401.4.1." R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15" overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety. R403.1.4 Minimum Depth. Insert "24" in place of "12". Amend R403.1.4.1 Frost protection—Exceptions to read: 1. Frost Protection of freestanding residential accessory/utility structures with an area of 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be frost protected. Freestanding accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie-downs or equivalent manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors attached in the center of each side unless frost protection applies as stated herein. All accessory/utility structures greater than 240 square feet, all pole buildings and all garages shall have frost protection (footings). 2. Decks not supported by a dwelling shall also be provided with footings that extend below the frost line. Single story supported in part by a dwelling and with 4" × 4" posts shall have footings that are a minimum of 8 inches in diameter; with 6" × 6" posts a minimum of 12" diameter is required; the bottom of all such footings shall be a minimum of 24" below finished grade and be at least 6" deep. Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. (c) The ICC Performance Code for Buildings and Facilities. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The ICC Performance Code for Buildings and Facilities 2009 Edition" as published by the International Code Council be and is hereby adopted as the Performance Code of the City of Dover in the State of Delaware for regulating and governing the performance-based design, construction, quality of materials, erection, installation, 58

Item 3. alteration, repair, location, relocation, replacement, addition to, use or maintenance of building and/or fire protection systems in the city. (d) The International Existing Building Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Existing Building Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Existing Building Code of the City of Dover in the State of Delaware for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided. (e) The International Energy Conservation Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Energy Conservation Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Energy Conservation Code of the City of Dover in the State of Delaware for regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems as herein provided. (Code 1968, § 9-1; Code 1981, § 5-16; Ord. of 4-9-1984, § 1; Ord. of 3-11-1991; Ord. of 4-25- 1994; Ord. of 9-11-1995; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(2); Ord. of 4- 11-2005(3); Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2010-02, 5-10-2010; Ord. No. 2014-09, 6-9-2014 ; Ord. No. 2016-19 , 8-22-2016) Sec. 22-62. Definitions. (a) Whenever the term "municipality" or "city" is used in the publications adopted by reference in this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation council" or "city attorney" is used in the publications adopted by reference in this article, it shall be construed to mean the city solicitor. (c) Whenever in the publications 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 1968, § 9-3; Code 1981, § 5-17) Sec. 22-63. Conflicting provisions. In the event of any conflict between the provisions of the publications adopted by reference in 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, § 5-18) Sec. 22-64. Enforcement. The building inspector shall enforce the provisions of this article. 59

Item 3. (Code 1968, § 2-75; Code 1981, § 5-19) Charter reference(s)—Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-65. Permit fees. (a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools, demolitions, moving, or construction plan reviews, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Reinspection’s. There will be no charge for the first reinspection of a permit. For subsequent reinspection’s the applicant shall pay a fee as provided for in Appendix F. (c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving permits shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (d) Fines. A fine shall be issued when any code official discovers any project has started or has been completed without an approved permit. (Code 1981, § 5-21; Ord. of 6-28-1982, § 1; Ord. of 4-13-1987; Ord. of 11-22-1993; Ord. of 4- 25-1994; Ord. of 9-11-1995; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009) Secs. 22-66—22-100. Reserved. ARTICLE IV. ELECTRICAL INSTALLATIONS1 Sec. 22-101. Electrical code adopted. (a) Copies filed; effect. There is hereby adopted by reference, for the purpose of establishing rules and regulations for the installation, renewal, extension, and reception of electric wiring and electric apparatus in existing buildings, structures or outdoor electrical displays or signs, that certain code known as the "National Electrical Code," as recommended by the National Fire Protection Association, and the same is hereby adopted and incorporated as fully as if set out at length herein, and shall be controlling for all electrical wiring and apparatus in buildings, structures, or outdoor electrical displays, or signs within the city. (b) Violations. It shall be unlawful for any person to violate any of the provisions of the code adopted in subsection (a) of this section. 1 Charter reference(s)—Power of city to regulate use of electric current furnished by city, subpart A, § 25. Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 10 of 47 60

Item 3. (Ord. of 10-23-1972, § 1; Code 1981, § 5-31; Ord. of 3-11-1991; Ord. of 4-11-2005(3)) Sec. 22-102. Enforcement and inspections generally. The publication adopted by reference in this article shall be enforced by the office of the building inspector. The building inspector shall, upon the installation, renewal, extension and reception of any electric wiring and electric apparatus pursuant to this article, cause an inspection or inspections to be made by himself or his duly authorized agents, to determine that the electrical work conforms with the provisions of this article of the city and the statutes of the state. (Ord. of 10-23-1972, § 2; Code 1981, § 5-32) Charter reference(s)—Power of the city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-103. Approved materials, fittings, and devices. Only the materials, fittings and devices enumerated in the listings of Underwriters' Laboratories, Inc., or approved by the inspection authority, as revised from time to time, shall be used in the electrical work regulated by this article. (Ord. of 10-23-1972, § 7; Code 1981, § 5-33) Sec. 22-104. Emergency shutoff switch required for certain appliances. Whenever an application for inspection is required under the terms of this article for electrical wiring and apparatus to be done in connection with a gas or oil burner installation in any existing building or structure or in the construction, reconstruction, alteration or repair of buildings or structures, there shall be installed an emergency shutoff switch, with a red plate thereon marked "oil burner" or "gas burner," as the case may be, at the entrance to the basement or heating room. (Ord. of 10-23-1972, § 8; Code 1981, § 5-34) Sec. 22-105. Application for inspection. (a) Required. No person shall install, receive, renew, or extend electrical wires or conductors to be used for the transmission of electric current for electric light, heat or power purposes in existing buildings, structures or outdoor electrical displays or signs, or in the construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs, without first applying for an application for inspection to do so pursuant to the provisions of this article. (b) Addressee. All such applications for inspection shall be made to the building inspector or, in lieu thereof, to the city's authorized inspection agency, hereinafter referred to as that agency specializing in such inspections, as determined, and approved by the building inspector. 61

Item 3. (c) Form; contents. Such application form shall contain questions designed to elicit information to determine whether or not said proposed electrical wiring and electrical apparatus complies with all ordinances of the city or laws of the state. (d) Fee. Each such application form shall be accompanied by a fee as prescribed by this article. (e) Proof to building inspector. The city's authorized inspection agency shall furnish to such building inspector proof, in writing, that an application for inspection of the proposed electrical wiring and electrical apparatus has been made to such agency to determine that the electrical work conforms with the provisions of this article. The payment of all inspection fees and charge of such agency shall be borne by the applicant. (f) Inspection of premises. Each applicant for inspection shall cause the premises covered by the application to be open for inspection to the building inspector and his agents and the representative or representatives of the city's authorized inspection agency at all reasonable times. (g) Certificate of approval. Upon determination by the building inspector or any authorized inspection organization that the proposed electrical wiring and electrical apparatus comply with the National Electrical Code adopted in this article and the provisions of this article and the provisions of the city ordinances and the laws of the state, a certificate of approval shall be issued forthwith. (h) Expiration. All applications for inspections shall expire at the expiration of one year from the date of issuance by the building inspector or the city's authorized inspection agency. (i) False information. Any person making any false answer to any of the questions or items set forth in such application form shall forthwith forfeit and surrender any application issued pursuant thereto. (Ord. of 10-23-1972, § 3; Code 1981, § 5-35) Sec. 22-106. Inspection of work under application. (a) Purpose; concealed wiring. All inspections shall be made to ensure that the proposed electrical work complies with the provisions of this article. No electric wiring shall be concealed unless inspected and approved by the building inspector or his agents and the representative of the city's authorized inspection agency, but such inspection or reinspection shall be made within a reasonable time after notice of the completion of the electrical work sought to be inspected for approval. A duplicate record of each written approval made by the city's authorized inspection agency shall be filed with the building inspector. (b) Decisions by building inspector. All decisions made to determine whether or not the proposed electrical work complies with the provisions of the National Electrical Code shall be made by the building inspector. (c) Stop work orders. The building inspector shall have the power to stop electrical work and order the removal thereof when he determines that such work is being installed not in conformity with all ordinances and the laws of the state. (d) Waiver of inspection. The building inspector may waive his inspection of all or that portion of the proposed electrical work for which he shall have received a duplicate record of 62

Item 3. approval by the city's authorized inspection agency that it complies with the provisions of this article. The building inspector shall be informed of all violations not corrected within 15 days of notification to the contractor by the city's authorized inspection agency. (Ord. of 10-23-1972, § 4; Code 1981, § 5-36) Sec. 22-107. Inspection of existing wiring and apparatus. (a) Required. In order to safeguard persons and property against the hazards and perils incident to defective electric wiring and apparatus that are or may now be in existence within the city, the building inspector is hereby given the duty to inspect with his agents and the representative of the city's authorized inspection agency, when requested by proper authority, or when public interest so requires, any premises within the city at reasonable times to ensure that the existing electric wiring system and apparatus is not defective and unsafe. (b) Decisions by building inspector. All decisions that the existing electric wiring system and apparatus is defective shall be made by the building inspector, in writing, on notice to the owner of the premises served forthwith personally or by regular mail addressed to the address as shown on the latest tax records, with reasons for his decision. (c) Corrections. Upon the building inspector's decision that the existing electric wiring system is defective and unsafe as aforesaid, the system or portions of the system which are defective and unsafe shall be discontinued until it is corrected and made to comply with the provisions of this article. (Ord. of 10-23-1972, § 5; Code 1981, § 5-37) Sec. 22-108. Permit exemptions. (a) Enumerated. No permit shall be required under this article for the following electrical work: (1) Minor repairs. Any minor repair work, such as the replacement of lamps and fuses; (2) Utility companies. Any electric light or power company, electric railway company, steam railway company, diesel railway company, or telegraph or telephone company, and any person performing the electrical work of any such company, when such work is a part of the plant, or services used by the company in rendering its authorized service to the public; (3) Employees on the premises. Any person employed by any other person to repair and maintain or to supervise the repair and maintenance of any electrical equipment on the premises and buildings of the employer; (4) Home installations. Any person who installs his own electrical work, service or equipment in or about his own home and not for sale, except that such person shall be required to file an application for inspection with the proper electrical inspection authority; Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 13 of 47 63

Item 3. (5) Supervised employees. Any employee of any person engaged in the performance of electrical work while under the supervision of any master electrician, or general master electrician limited; (6) Agricultural property. Property used exclusively for agricultural purposes, except for the necessity to file for an application for an inspection certificate with the authorized inspection authority where new installations are involved; (7) Electrical engineers. Any manufacturing or industrial establishment retaining in its own employment a professional electrical engineer with at least ten years' experience in planning and design. Such engineer may inspect the plant's additional electrical installations if the said industrial plant files with the state board of electrical examiners and the building inspector the name of the electrical engineer that would be responsible for such electrical inspection and files with the board of electrical examiners and the building inspector a letter stating that all additional electrical installations meet the minimum standards of the National Electrical Code once a year. (b) Insertion of devices, appliances. Nothing in this article shall be construed so as to forbid the insertion in electrical circuits by unlicensed persons of devices or appliances which are properly designed for such insertion and for which proper wiring and insertion devices are installed. (c) Heating, etc. Nothing in this article shall be so construed as to restrict anyone from servicing equipment in the fields of heating, air conditioning, refrigeration, or appliances. (Ord. of 10-23-1972, § 10; Code 1981, § 5-38) Sec. 22-109. Permit fees. (a) No fee. There shall be no fee for permits or renewals thereof by the building inspector as may be required by this article. (b) Applications for inspections. Fees for applications for inspections issued by the city's authorized inspection agency, as may be required of this article, shall be as determined by said agency and approved by the building inspector. (Ord. of 10-23-1972, § 11; Code 1981, § 5-39) Sec. 22-110. Violations. Any person who shall violate any of the provisions of this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall do or cause to be done electrical work in violation of any detailed statement, or specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building inspector within the time fixed therein, shall, severally for each and every such violation and noncompliance respectively, be punished as provided for in Appendix F—Fees and Fines. The imposition of one penalty for any violation shall not excuse the violation Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 14 of 47 64

Item 3. or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. (Ord. of 10-23-1972, § 12; Code 1981, § 5-40; Ord. No. 2009-09, 6-22-2009) Sec. 22-111. Modifications. The building inspector shall have the power to modify any of the provisions of this article, upon application, in writing, by the owner of a premises or his agent, when there are practical difficulties in the way of carrying out the strict letter of this article, provided that the spirit of this article shall be observed, public safety secured, and substantial justice done. (Ord. of 10-23-1972, § 9; Code 1981, § 5-41) Sec. 22-112. Appeals. (a) Demand for hearing. Every applicant and owner of a premises and other parties in interest shall have the right to demand, in writing, a hearing before the board of adjustment to contest any decision or order made by the building inspector pursuant to this article. Such demand for a hearing shall be signed by the contesting party, stating what portions of the building inspector's decision or orders are contested and his interest in the premises. (b) Time and place for hearing; notice. The board of adjustment shall fix a time and place for the hearing, not less than ten days, nor more than 30 days after receiving such demand for a hearing, and cause a notice of the hearing to be served personally or by regular mail on the contestant, owner of the premises and other parties in interest. (c) Appearances; evidence. The contestant, owner of the premises and other parties in interest shall have the right to appear in person, or otherwise, and give testimony at the hearing, and the rules of evidence prevailing in the courts shall not be controlling. (d) Decision; service on parties in interest. The board of adjustment, within a reasonable time after such hearing, shall make its decision, and the city clerk shall serve a copy of the decision personally or by regular mail on the contestant, owner of the premises and other parties in interest. (Ord. of 10-23-1972, § 6; Code 1981, § 5-42) Sec. 22-113. Restriction on city's liability and inspections. The city shall not incur liability, with regard to the installation, wiring or appliances used, from any violation of this article or from any accident resulting from the installation, and shall not be obliged to inspect any installation before or after electricity is introduced. (Code 1968, § 12-3; Code 1981, § 5-43) Secs. 22-114—22-140. Reserved. Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 15 of 47 65

Item 3. PART II - CODE OF ORDINANCES Chapter 22 - BUILDINGS AND BUILDING REGULATIONS ARTICLE V. MECHANICAL CODE ARTICLE V. MECHANICAL CODE Sec. 22-141. Adopted. (a) Certain documents, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as the International Mechanical Code 2009 Edition, including appendix chapter "A", as referenced in the building code adopted in 22- 61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, as referenced in the building code adopted in section 22- 61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump permit fees" in place of "The fees for all mechanical work shall be as indicated in the following schedule:" In place of: Section 106.5.3 Fee refunds. Delete in its entirety. SECTION 108 VIOLATIONS Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See 22-61(a)International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the Dover, Delaware, Code of Ordinances Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 16 of 47 66

Item 3. work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" SECTION 109 MEANS OF APPEAL. Delete section in its entirety. (b) If any section, subsection, sentence, clause, or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause, or phrase thereof, irrespective of the fact that anyone (1) or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. (Code 1981, § 5-56; Ord. of 4-9-1984, § 2; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 1-27- 1997; Ord. of 3-13-2000; Ord. of 4-11-2005(4); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10- 2010) Sec. 22-142. Definitions. (a) Whenever the word "municipality" or the word "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 be construed to 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, § 5-57) Sec. 22-143. Conflicting provisions. In the event of any conflict between the provisions of the publication 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, § 5-58) Sec. 22-144. Enforcement. The building inspector shall enforce the provisions of the publication adopted by reference in this article. (Code 1968, § 2-75; Code 1981, § 5-59) 67

Item 3. Charter reference(s)—Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-145. Heating, air conditioning, and heat pump permit fees. (a) Enumerated. Before any heating, air conditioning, or heat pump permit shall be issued, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (c) Fines. A fine shall be issued when any code official finds any project has started or has been completed without an approved permit. (Code 1981, § 5-61; Ord. of 6-28-1982, § 3; Ord. of 4-13-1987; Ord. of 4-25-1994; Ord. of 6-28- 2004(2); Ord. No. 2009-09, 6-22-2009) Secs. 22-146—22-180. Reserved. ARTICLE VI. PLUMBING CODE2 Sec. 22-181. Adopted. (a) [International Plumbing Code.] Certain documents, three copies of which are on file in the licensing and permitting office in the city, being marked and designated as International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as referenced in the building code adopted in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced in the building code adopted in 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised: Exception: The 2009 International Private Sewage Disposal portion of this code is not adopted, as enforced by other authorities having jurisdiction. 2 State law reference(s)—Basic plumbing principles, 16 Del. C. § 7901 et seq. Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 18 of 47 68

Item 3. Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" Section 106.6.2 Fee Schedule. Insert "See Section 5.75 22-65 Permit Fees" in place of "The fees for all plumbing work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]". Section 106.6.3 Fee refunds. Delete in its entirety. Section 108.4 Violation Penalties. Insert: "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See Section 22-61(a) International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars." (b) International Fuel and Gas Code. That certain documents, three copies of which are on file in the licensing and permitting office of the city being marked and designated as "The International Fuel and Gas Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in the State of Delaware; for regulating and governing fuel gas systems and gas fired appliances as herein provided. (c) [Severability.] That if any section, subsection, sentences, clause, or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause, and phrase therefore, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. (Code 1981, § 5-71; Ord. of 4-9-1984, § 3; Ord. of 3-11-1991; Ord. of 4-25-1994; Ord. of 1-27- 1997; Ord. of 3-13-2000; Ord. of 4-11-2005(5); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10- 2010) 69

Item 3. Sec. 22-182. Definitions. (a) Whenever the word "municipality" or the word "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 council" 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, § 5-72) Sec. 22-183. 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, § 5-73) Sec. 22-184. Enforcement. The building inspector shall enforce the provisions of the publication adopted by reference in this article. (Code 1968, § 2-75; Code 1981, § 5-74) Charter reference(s)—Power of city to appoint building inspector and prescribe his powers and duties, subpart A, § 22. Sec. 22-185. Permit fees. (a) Enumerated. Before any permit shall be issued for a plumbing permit a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (c) Fines. A fine shall be issued when any code official finds a project has started or has been completed without an approved permit. Created: 2024-01-29 16:25:07 [EST] (Supp. No. 39) Page 20 of 47 70

Item 3. (Code 1981, § 5-75; Ord. of 6-28-1982, § 2; Ord. of 4-13-1987; Ord. of 4-25-1994; Ord. of 6-28- 2004(2); Ord. No. 2009-09, 6-22-2009) Sec. 22-186. Water conservation performance standards. (a) General policy. No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to be obtained (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the new, extended or altered plumbing, water piping and other water fixtures therein conform to the requirements and standards of subsection (b) of this section. The provisions of this section apply to any such building or structure for which such a building permit is issued or would otherwise be required to be issued but for such an exemption on or after December 10, 1990. (b) Plumbing fixtures and fittings. (1) Water closets and associated flushing mechanisms. The water consumption of water closets shall not exceed an average of 1.6 gallons per flush cycle. The fixture shall perform in accordance with the test requirements of the ANSI A122.19.2M and ANSI A112.19.6M. (2) Urinals and associated flushing mechanisms. Urinal water consumption shall not exceed an average of 1.5 gallons per flush cycle. The fixtures shall perform in accordance with the test requirements of ANSI 122.19.2M and ANSI A112.19.6M. (3) Showerheads. Showerhead discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in accordance with the test requirements of ANSI A122.18.1M. (4) Faucets. Sink and lavatory faucet discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M. (c) Special provisions. (1) Special purpose equipment. The performance standards of subsection (b) of this section shall not apply to fixtures and fittings, such as emergency showers, aspirator faucets and blowout fixtures, that, in order to perform a specialized function, cannot meet the specified standards. (2) Exemptions. Any person may apply to the city for an exemption to the terms of this section, which may be granted by the city manager upon proof that some other device, system, or procedure will save as much or more water as those set forth herein or that those set forth herein cannot be complied with without undue hardship. (d) Modification and removal. The city may from time to time modify, add to, or remove the standards and restrictions herein. (Code 1981, § 5-76; Ord. of 12-10-1990; Ord. of 4-25-1994) 71

Item 3. Secs. 22-187—22-220. Reserved. ARTICLE VII. PROPERTY MAINTENANCE CODE3 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 workspaces. 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. 3 Charter reference(s)—Power of city to regulate buildings, subpart A, §§ 20, 22. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 22 of 47 72

Item 3. (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 code official 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. Violations. (a) The Division of Code Enforcement, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect all properties for compliance with the International Property Maintenance Code and all applicable codes to ensure compliance. (b) Notification. Following an inspection, the code official shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first inspection. (c) Notices. All notices of a code violation will be in writing and sent via first class mail, certified mail, electronic mail, or hand delivered. A valid consent form must be on file to receive electronic mail. (d) Owner’s address. The owner of the property shall be responsible for maintaining an accurate mailing address with the City of Dover tax office at all times. (e) Compliance Date. Unless otherwise specified, all code violations must be corrected within 30 days from the notice of violation. All code violations must be reinspected by the code official to confirm compliance with the code. (f) Life Safety Violations. Code violations with immediate threat to general welfare or life safety must be corrected within 48 hours from the issuance of the violation notice. These code violations are subject to an immediate penalty and shall be fined as provided in Appendix F-Fees and Fines. Every life safety violation shall be treated as an individual and separate offense. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 23 of 47 73

Item 3. (g) Failure to schedule. Failure to schedule a reinspection by the date provided by the code official shall be fined as provided in Appendix F-Fees and Fines. (h) Non-compliance. Failure to correct all code violation(s) by the date provided by the code official shall be fined as provided in Appendix F--Fees and Fines. Sec. 22-225. Reserved. Editor's note(s)—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. ARTICLE VIII. LEASES Sec. 22-251. Unlawful leases. (a) Compliance with zoning. No owner or landlord shall enter into any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates occupancy of any structure contrary to the use requirements of the city zoning ordinance as set forth in appendix B. Any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates such occupancy by more persons than permitted in appendix B to this Code is unlawful and hereby declared to be contrary to public policy. (b) Noise; disorderly conduct; drugs. All agreements, contracts, leases, or subleases for the occupancy of dwelling units shall prominently stipulate that any renter or occupier of the rental unit shall not violate section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct in connection with the use of the premises and shall also prominently stipulate that any renter or occupant of the rental unit shall not commit any drug offense on the premises. The agreement, contract, lease, or sublease shall also prominently stipulate that if any renter or occupant shall be convicted more than one time in any one-year period of violating section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct in connection with the use of the premises or is convicted of any drug offense which occurred on the premises, the renter or occupier shall be considered to have breached a lawful obligation relating to his use of the premises and shall be grounds for termination of the agreement, contract, lease, or sublease as it applies to that renter or occupant. (c) Notice of conviction to landlord. The city shall notify the landlord, owner, or owner's agent if a renter or occupant of the rental unit is convicted of violating section 42-2 pertaining to noise, section 70-3 pertaining to disorderly conduct or any drug law. Notice shall be deemed to be properly served upon the owner or the owner's agent if a copy thereof is delivered to the owner, or the owner's agent; or by leaving a notice at the usual place of abode, in the Created: 2023-09-27 11:16:23 [EST] (Supp. No. 38) Page 24 of 47 74

Item 3. presence of someone in the family of suitable age and discretion, who shall be informed of the contents thereof, or by certified mail addressed to the owner or the owner's agent at the last known address, with return receipt requested; or lastly by posting a copy thereof in a conspicuous place in or about the structure affected by the notice. (d) Notice to renter. Within seven days of the receipt of notice that a renter or occupier has been convicted of violating section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, the landlord, owner, or owner's agent shall cause notice to be served upon the affected renter or occupier that if a second such violation occurs within one year, the rental agreement will be terminated. (e) Second violation; termination of lease. Within seven days of the receipt of the notice that a renter or occupier has been convicted of a second violation of section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, or has been convicted of a drug offense, the landlord, owner, or owner's agent shall cause to be served upon the affected renter or occupier, notice that the rental agreement is terminated and that the renter or occupier has not more than seven days to vacate the unit. (f) Failure of renter or landlord to comply. If the renter or occupier fails to vacate the unit within the time specified in the notice, the landlord, owner, or owner's agent shall immediately initiate and diligently pursue, in good faith, summary proceedings for possession as specified in the Residential Landlord-Tenant Code (25 Del. C. § 5101 et seq.). The failure of the landlord, owner, or owner's agent to initiate or diligently pursue, in good faith, summary proceedings for possession shall constitute a violation of this section and shall subject the landlord, owner, or owner's agent to the penalties provided herein. (g) Violations; penalties. Any person, firm, or corporation who violates any provision of this section shall have his rental license for the premises revoked and shall be punished by a fine as provided for in Appendix F—Fees and Fines. (Code 1981, § 10-41; Ord. of 10-15-1991; Ord. of 8-23-2004; Ord. No. 2009-09, 6-22-2009) Secs. 22-252—22-280. Reserved. ARTICLE IX. LODGING HOUSES DIVISION 1. GENERALLY Sec. 22-281. Purpose; applicability; definitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare insofar as the continued occupancy and maintenance of lodginghouses lodging houses operated for public use affect them. The health, safety, and welfare of the occupants of the lodginghouses lodging houses are of the utmost importance to the city. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to lodging houses. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. 75

Item 3. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Lodginghouse Lodging house means a building operated principally for the temporary residence of the transient public, including, but not limited to, hotels, motels, inns, boardinghouses, rooming houses, tourist homes, and dormitories. (d) Compliance. No person shall operate, occupy, or let to another for occupancy any lodginghouse lodging house which is not in compliance with this chapter. No person shall operate, occupy, or let to another for occupancy any lodginghouse lodging house unless it is clean and sanitary, and complies with the requirements of this article. (Code 1981, § 10-61; Ord. of 4-10-2000; Ord. No. 2020-05 , 1-11-2021) Sec. 22-282. Responsibilities of operator. The operator of every lodginghouse lodging house shall be responsible for: (1) Maintaining all supplied bedding in a clean and sanitary condition; (2) Changing all supplied bed linens and towels at least once each week and upon the renting of any room; (3) Supplying clean towels daily; (4) Maintaining the property in accordance with the International Property Maintenance Code adopted in section 22-221 and the International Fire Code adopted in section 46- 121(a). (Code 1981, § 10-62; Ord. of 4-10-2000) Sec. 22-283. Inspections. The licensing and permitting office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect lodginghouses lodging houses for compliance with the property maintenance code and all other applicable codes to ensure compliance. (Code 1981, § 10-63; Ord. of 4-10-2000; Ord. of 4-14-2008) Secs. 22-284—22-300. Reserved. DIVISION 2. PERMIT Sec. 22-301. Generally. (a) Required. It shall be unlawful for any person to let, or offer to let, space in any lodginghouse lodging house by advertisement, without first obtaining a permit from the Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 26 of 47 76

Item 3. licensing division of the department of planning and inspections in order to determine compliance with the provisions of this chapter. (b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. (c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F—Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-303 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then such fees may be entered into the municipal lien docket as a lien owing the city, and the same may be turned over to the city solicitor for collection. (f) Utilities. The owner or occupant of any lodginghouse lodging house shall not be entitled to receive city utilities until the permit fee required in this section is paid in full and city personnel shall refuse to provide sewage, water, and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. (Code 1981, § 10-76; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009) Sec. 22-302. Application and issuance. No permit shall be issued until the applicant has complied with the provisions of this chapter applicable to lodginghouses lodging houses and until the applicant has furnished the licensing division of the department of planning and inspections with any other information that may be required. (Code 1981, § 10-77; Ord. of 4-10-2000) Sec. 22-303. Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when he determines that the lodginghouse lodging house or the premises surrounding the lodginghouse lodging house fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed on appeal. (b) Notice to owner. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 27 of 47 77

Item 3. (c) Appeal. Any owner or operator of any lodginghouse lodging house, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit shall remain in force until the appeal is decided. (Code 1981, § 10-78; Ord. of 4-10-2000) Secs. 22-304—22-330. Reserved. ARTICLE X. RENTAL DWELLINGS DIVISION 1. GENERALLY Sec. 22-331. Purpose; applicability; definitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of dwellings operated for lease to the public. The health, safety, and welfare of the occupants of the dwellings are of the utmost importance to the city, as is the general community character in which these dwelling units are located. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to rental dwellings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, (b) Class A misdemeanor, or (c) any of the following offenses: any drug offense defined by Title 16 of the Delaware Code, and the following misdemeanors in addition to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601— Offensive touching, § 602—Menacing, § 628—Vehicular assault 3, § 763—Sexual harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812—Graffiti, § 820—Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106—Unlawfully dealing with a child, § 1301—Disorderly conduct, § 1313—Malicious interference with emergency communications, § 1315— Public intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323— Obstructing of public passage, § 1341—Lewdness, § 1342—Prostitution, § 1343— Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 1446—Unlawfully dealing with a switchblade knife. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 28 of 47 78

Item 3. (2) Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation. (3) Multiple-family dwellings means dwelling units operated as a group and located in the same building. This shall include apartments, roominghouses rooming houses, condominium dwelling units, and accessory apartments located within structures principally used for owner occupancy. (4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or persons in exchange for monetary payment or provision of goods or services to the owner of the dwelling unit. (5) Single-family dwellings means dwelling units operated singly, and separated from other units. In general, this definition shall apply to single-family detached dwellings; mobile homes and manufactured homes; and attached units, including duplexes and townhouses. (d) Compliance required. No person shall operate, occupy, or to let to another for occupancy any dwelling which is not in compliance with the International Property Maintenance Code adopted in section 22-221 and all other applicable codes. (Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8- 2016) Sec. 22-332. Inspection required. (a) The code enforcement office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to ensure compliance. (b) An inspection is required prior to the issuance of any new rental dwelling permit. No new permit shall be issued until all outstanding code violation(s) comply with the code and are verified for compliance by the code official. (c) Following an inspection, the code enforcement office shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first follow up inspection. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F—Fees and Fines. (c) The owner of the rental dwelling or a property manager must be present for all scheduled inspections. Failure to meet this requirement will result in the scheduled inspection to be terminated and shall be fined as provided in Appendix F-Fees and Fines. Property manager is defined in Sec. 22-333(a). (d) It shall be the responsibility of the owner or property manager to schedule all required inspections. (e) Following an inspection, the code official shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first [Type here] 79

Item 3. follow up inspection when all violations comply with the code. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F—Fees and Fines. (Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8-2013; Ord. No. 2022-14 , 11-28-2022) Sec. 22-333. Agent required. (a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other rental real estate for a fee and who resides in the county acting as a property manager. The property manager, including family members and designated individuals, shall have charge, care, and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the code official, within a reasonable time. (b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling shall have a designated member, partner, or employee having charge, care, and control of the rental dwelling. The designated member, partner or employee shall reside in or have an office located in the county, or shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other rental real estate for a fee, and who resides in the county, acting as a property manager. The property manager, family members or other designated individuals shall have charge, care, and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the code official, within a reasonable time. (c) The lessee of the dwelling cannot be the agent for the dwelling they lease. (d) The property owner is required to provide agent updates by submitting a new Rental Dwelling Permit application. (Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013- 04, 4-8-2013; Ord. No. 2022-14 , 11-28-2022) Sec. 22-334. Insurance required. (a) Any owner of a rental property shall have sufficient property insurance that covers the amount to replace the estimated value of the improvements on the property and provide protection for claims resulting from fire or other damages. (b) Proof of insurance coverage shall be provided upon application for a new rental permit and upon each annual renewal thereafter. ( Ord. No. 2022-14 , 11-28-2022) Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 30 of 47 80

Item 3. Secs. 22-335—22-350. Reserved. DIVISION 2. PERMIT Sec. 22-351. Generally. (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental dwelling without obtaining a permit from the licensing division of the department of planning and inspections to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31. The fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31 will be prorated from the date the permit is issued until the next January 31. (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling without first obtaining an annual permit therefor from the licensing division of the department of planning and inspections to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31 will be prorated from the date the permit is issued until the next January 31. (c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F—Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then such fees shall be entered in the municipal lien docket as a lien owing the city; and the same may be turned over to the city solicitor for collection. (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any new city utilities until the permit fee required in this section is paid in full and city personnel shall refuse to provide sewage, water, and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. (g) Failure to obtain a Rental Dwelling Permit. Any owner of a rental property that fails to obtain or renew a Rental Dwelling Permit shall be fined as set forth in Appendix F- Fees and Fines. (Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8- 2013; Ord. No. 2022-14 , 11-28-2022) Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 31 of 47 81

Item 3. Sec. 22-352. Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when: (1) The building inspector determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto; (2) The failure of the property owner or property manager to initiate and prosecute in good faith eviction proceedings following notification by the city that the terms of the safe communities lease addendum have been violated; or (3) The failure of the property owner or property manager to attend a safe communities seminar when required by section 22-371(b). Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed. (b) Notice of violations. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit shall remain in force until the appeal is decided. (Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04, 4-8- 2013; Ord. No. 2022-14 , 11-28-2022) Secs. 22-353—22-355. Reserved. DIVISION 3. SHORT TERM RENTAL USE4 Sec. 22-356. Purpose; applicability; definitions; compliance. (a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one family dwellings (residences) in established areas of the city as an economic asset, allowing for increased travel, visitation and tourism and affording property owners of the opportunity to earn revenue from such occupancy, while ensuring that such uses do not become a 4 Editor's note(s)—Ord. No. 2020-05 , adopted January 11, 2021, renumbered div. 3 as div. 4. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 32 of 47 82

Item 3. nuisance, that neighborhood character is not compromised, and that such businesses are properly operated and maintained. The purpose of this division shall be to minimize public safety risks and public nuisances, such as noise, trash, and parking problems; to ensure that traditional neighborhoods are not turned into tourist areas to the detriment of long-term residents; and to ensure that individual dwellings are not turned into pseudo hotels or party houses. (b) Applicability. A short Short term rental use (STRU) shall be allowed in any one family dwelling as defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance wherever such are allowed by right and do not require a variance or conditional use approval. (c) 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: Good neighbor brochure means a document provided by the owner to the guest or guests and containing: the name and telephone number for the owner; notification on standards of behavior and occupancy relating to parking, noise, trash collection, waste disposal, street maintenance, snow removal, and public safety services and including contact and web access information; and such other information as the city may from time to time prescribe. Guest or guests means the individual or individuals securing the short term rental use for the purposes of staying overnight. Owner means the person or persons holding legal or equitable title to the property being offered as a short term rental use. Short term rental use (STRU) means rental of all or a part of a residential one family dwelling unit which is made available by agreement for a residential occupancy by a tenant in exchange for compensation for a duration of a temporary occupancy of less than 30 days. Rentals of 30 days or more shall comply with the provisions of divisions 1 and 2 of this chapter. Lodginghouses Lodging houses as defined in article IX; section 22-281 is not included as short term rental uses under this division. (d) Compliance. No person shall operate, offer for occupancy, or let to another for occupancy as a short term rental use any dwelling which is not in compliance with this article or any other applicable codes. (Ord. No. 2020-05 , 1-11-2021; Ord. No. 2022-14 , 11-28-2022) Sec. 22-357. Registration and inspection requirements; inspection required for life safety and building purposes; short-term rental use license required. (a) The owner of any dwelling proposed for a short term rental use must obtain an annual short term rental use license. (b) An inspection by the city code enforcement office shall be required to determine compliance with property maintenance and all other applicable codes. Any items in non- compliance shall be remedied before a license is granted. The inspection shall be required the first time a license is issued and may be required at renewal at the discretion of the code 83

Item 3. enforcement office. The rental license must be kept current during anytime the dwelling is offered as a short term rental use. (c) The license shall be valid for up to one year and must be renewed no later than January 31 of each year of continued operation. (d) The short term rental use license must be clearly displayed inside the dwelling along with any state licenses or permits. (e) The short term rental use license may not be transferred to any party except heirs and assigns and shall be void upon transfer of ownership of the property where the short term rental use is located. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-358. Owner obligations. An owner of a dwelling seeking to use a property as a short term rental use shall comply with the following obligations: (1) The owner of the property being offered as a short term rental use must be a resident of the city. Determination of residency shall be based on meeting city voting residency eligibility. Such owner may offer for short term rental use only that property which is the owner's primary residence. (2) A property not owned by a resident of the city shall not be used as a short term rental use. Such property shall not be used for overnight accommodations unless such property qualifies as a bed and breakfast inn pursuant to Dover Code, Appendix B— Zoning, Article 3—District Regulations. (3) A good neighbor brochure must be provided in the dwelling listing city provisions as required. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-359. Limitations on occupancy and use. (a) The number of guests 12 years and older permitted at any time shall not exceed twice the number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum of 12 individual occupants of all ages at any one time regardless of the number of bedrooms available. (b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in total; all parking shall comply with all requirements relating to street maintenance, fire access, parking on paved surfaces, trash collection, obstacles to travel, or other requirements. Violations shall be ticketed offenses. (c) Signage identifying the short term rental use, if desired, shall be limited to one sign, mounted on the dwelling, not illuminated, and not to exceed one square feet foot in size overall. A sign permit must be obtained for any desired sign. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 34 of 47 84

Item 3. (d) Access to a full bath must be provided. (e) Guests shall be prohibited from further subletting the dwelling. (f) Weddings, graduation parties, corporate events, commercial functions, large gatherings, or other special events associated with the STRU shall be prohibited unless a city special event permit shall have been granted for a specific activity and date. (g) The owner has the responsibility to not knowingly allow any illegal or criminal activity on the property nor permit the guests to create a public nuisance including, but not limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a disorderly premise, generation of trash, or other behavior which unreasonably disturbs the peace, safety and general welfare of the neighborhood as provided in this chapter and pursuant to Chapter 70—Offenses and Miscellaneous Provisions, Section 70-8—Disorderly Premises and Chapter 42—Environment, Section 42-2—Noise of the Dover Code of Ordinances. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-360. Enforcement, fees and penalties, reporting. (a) Short term rental license. Payment of a short term rental use license fee as set forth in Appendix F—Fees and Fines is required annually beginning January 31 of each year; the fee will be prorated for a partial year. (b) Failure to register and obtain a license. Penalties fines for failure to register and obtain a license shall be as set forth in Appendix F—Fees and Fines. (c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use, shall be as set forth in Appendix F—Fees and Fines. (d) A dwelling cited three times by the Code official or by any city department as a nuisance or the location of illegal or criminal activity within any consecutive 12-month period shall have its short term rental use license suspended for not less than the rest of the license year or a longer period up to permanently. (e) The owner shall voluntarily report to the city annually documenting the occupancy and frequency of rentals obtained, such report to be completed by January 31 of the following year as part of the license renewal and for the purposes of building a database of STRU activity and economic impact, not for enforcement or tax purposes. (Ord. No. 2020-05 , 1-11-2021) Sec. 22-361. Enforcement, notice and appeals. Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and Building Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous Provisions of the Code of Ordinances. (Ord. No. 2020-05 , 1-11-2021) Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 35 of 47 85

Item 3. Secs. 22-362—22-369. Reserved. DIVISION 4. SAFE COMMUNITIES5 Sec. 22-370. Criminal activity. Tenants of rental dwellings, any member of the tenant's household, any guest or other person under the tenant's control shall not engage in criminal activity on or within 500 feet of the lot on which the rental dwelling resides. (Ord. No. 2013-04, 4-8-2013) Sec. 22-371. Safe communities seminar. (a) The City of Dover police department shall offer a safe communities seminar a minimum of two times each calendar year. The seminar shall be voluntary, except in the following circumstances: (1) When a rental dwelling permit has been suspended in accordance with section 22-352, the property owner or manager shall attend the seminar prior to reinstatement of the suspended rental dwelling permit; or (2) When a rental dwelling has been the subject of response by the police department on three or more occasions within a six month period, due to occasions where the tenant, any member of the tenant's family, or any guest or other person under the tenant's control have engaged in criminal activity, the property owner or managers shall attend the seminar. (b) Upon notification by the chief of police that the safe communities seminar is required in accordance with subsection (2) above, the department of planning and inspections shall notify the property owner and/or property manager that he is required to attend the next scheduled safe communities seminar. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing to the property owner and property manager if a property manager is on record with the department of planning and inspections. (Ord. No. 2013-04, 4-8-2013) Sec. 22-372. Safe communities lease addendum. (a) All residential leases shall include a safe communities lease addendum, signed by the property owner and tenant, in the following form: In addition to all other terms of the lease, landlord and tenant agree as follows: 5 Editor's note(s)—See editor's note, art. X, div. 3. Created: 2024-01-29 16:25:08 [EST] (Supp. No. 39) Page 36 of 47 86

Item 3. (1) The tenant, any member of the tenant's household, any guest or any other person under the tenant's control on or within 500 feet of the leased premises: i. Shall not engage in criminal activity, including drug-related criminal activity, on or within 500 feet of the leased premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession of any illegal or controlled substance defined by 16 Del. C. Ch. 47. ii. Shall not engage in any act intended to facilitate criminal activity. iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal activity. (2) Any activity prohibited by the safe communities lease addendum shall constitute a substantial violation of the lease, material noncompliance with the lease, and grounds for termination of tenancy and eviction. (b) The department of planning and inspections shall provide the safe communities lease addendum. (c) An executed copy of the safe communities lease addendum shall be required for all rental dwellings in the City of Dover prior to establishment of a utility account for the premises. (Ord. No. 2013-04, 4-8-2013) Sec. 22-373. Eviction required. (a) If the tenant, any member of the tenant's household, any guest or other person under tenant's control engages in criminal activity as defined by section 22-331(c)(1) and Chapter 22, Buildings and Building Regulations, of the Dover Code on three or more occasions within a 12-month period, the chief of police shall notify the department of planning and inspections to initiate the safe communities lease termination notice procedure directing the property owner or property manager to terminate the tenancy in accordance with subsection (b). (b) Upon notification by the chief of police that termination of tenancy is required in accordance with subsection (a), the department of planning and inspections shall notify the property owner and property manager that they have 30 days to initiate the eviction or otherwise terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing, to the property owner and property manager if a property manager is on record with the department of planning and inspections. (Ord. No. 2013-04, 4-8-2013) Secs. 22-374—22-380. Reserved. ARTICLE XI. DANGEROUS BUILDINGS 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: 87

Item 3. 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. (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. (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. 88

Item 3. (13) Incomplete buildings. Those under construction, if the authorized work is substantially suspended or abandoned for a period of three months or more. (Ord. of 2-28-1955, § 1; Code 1981, § 5-86; Ord. of 10-28-1996; Ord. of 3-13-2000) Sec. 22-382. Standards for repair, vacation, or demolition. The following standards shall be followed in substance by the building inspector code official 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 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, or public safety hazard as determined by the fire marshal code official 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. (Ord. of 2-28-1955, § 2; Code 1981, § 5-87; Ord. of 10-28-1996) 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. (Ord. of 2-28-1955, § 3; Code 1981, § 5-88; Ord. of 10-28-1996) Sec. 22-384. Duties of the building inspector code official. The building inspector code official shall: (1) Inspect public buildings. Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters, hotels, tenements, or commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of section 22- 381. (2) Complaints. Inspect any building, wall or structure about which complaints are filed by any person to the effect that a building, wall or structure is or may be existing in violation of this article. 89

Item 3. (3) Reported violations. Inspect any building, wall or structure reported (as hereinafter provided for) by the fire or police departments of this city as probably existing in violation of this article. (4) Dangerous buildings. Inspect such other buildings as shall from time to time come to his attention as possibly dangerous buildings within the terms of section 22-381. (5) Notice to owner. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, of any building found by him to be a dangerous building within the standards set forth in section 22-381, that: a. Duties of owner. The owner must vacate and close, or repair, or demolish said building in accordance with the terms of the notice and this article; b. Duties of occupant. The occupant or lessee must vacate and close said building or may have it repaired in accordance with the notice and remain in possession; c. Persons with interest. The mortgagee, agent or other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, may, at their own risk, repair, vacate and close, or demolish said building or have such work or act done; provided that any person notified under this subsection to repair, vacate and close, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein; d. Appeal. The person or entity receiving notice by the building inspector code official shall have the right to appeal his decision directly to the council and have a hearing conducted in accordance with the provisions of section 22-385 before council, provided that the notice of appeal is filed with the city clerk no later than five days after receiving notice from the building inspector code official. (6) Order to remedy conditions. Set forth in the notice provided for in subsection (5) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable. (7) Noncompliance with notice. Report to the council any noncompliance with the notice provided for in subsections (5) and (6) hereof. (8) Testify at hearings. Appear at all hearings conducted by the council and testify as to the condition of dangerous buildings. (9) Notice on buildings. Place a notice on all dangerous buildings, reading as follows: "This building has been found to be a dangerous building by the building inspector code official. This notice is to remain on this building unit until it is repaired, vacated, and closed, or demolished in accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of Kent County. It is unlawful to remove this notice until such notice is complied with." 90

Item 3. (10) Orders of council. Carry out all orders of the council to cause the repair, vacation and closure, or demolition of dangerous buildings pursuant to section 22-385. In causing the vacation of the dangerous building, the building inspector code official may order the city utilities to be disconnected. In causing the closure of dangerous buildings, the building inspector code official may direct the removal from the building of all furniture, equipment and other personal property left by vacated occupants. (Ord. of 2-28-1955, § 4; Code 1981, § 5-89; Ord. of 10-28-1996; Ord. of 7-8-2002) Sec. 22-385. Hearing before council. The council of the city shall: (1) Notice of hearing. Upon receipt of a report of the building inspector code official as provided for in section 22-384(7), give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the records of the recorder of deeds of the county, to appear before it on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated and closed, or demolished in accordance with the statement of particulars set forth in the building inspector's code official’s notice provided for herein in section 22-384(6). (2) Conduct of hearing. Hold a hearing and hear such testimony as the building inspector code official or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as shown by the land records of the recorder of deeds of the county, shall offer relative to the dangerous building. Hearings relative to reported dangerous buildings as defined in section 22-381(11) shall include the testimony of the city chief of police, who may submit arrest records, complaint records, and affidavits relative to the property as evidence for the hearing. (3) Findings. Make written findings of fact from the testimony offered pursuant to subsection (2) of this section as to whether or not the building in question is a dangerous building within the terms of section 22-381. (4) Order. Issue an order based upon findings of fact made pursuant to subsection (3) of this section, commanding the owner, occupant, mortgagee, lessee, agent and all other persons having an interest in said building, as shown on the land records of the recorder of deeds of the county, to repair, vacate and close, or demolish any building found to be a dangerous building within the terms of this article, setting the time within which said building shall be repaired, vacated and closed, or demolished, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person not the owner of said dangerous building but having an interest in said building as shown by the land records of the recorder of deeds of the county may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the city as provided in subsection (5) hereof. (5) Failure to comply. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4) hereof within ten days, cause such building or structure to be repaired, vacated and closed, or demolished, as the facts may warrant, 91

Item 3. under the standards hereinbefore provided for in section 22-384, and shall, with the assistance of the city solicitor, cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed as a municipal lien or cause such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this city, the council shall notify the city solicitor to take legal action to force the owner to make all necessary repairs or demolish the building. (6) Report to solicitor. Report to the city solicitor the names of all persons not complying with the order provided for in subsection (4) hereof. (Ord. of 2-28-1955, § 5; Code 1981, § 5-90; Ord. of 10-28-1996) Sec. 22-386. Violations; penalty for disregarding notices or orders. (a) Violations by owner. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate and close, or demolish said building given by the council shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F—Fees and Fines. (b) Violations by occupant or lessee. The occupant or lessee in possession who fails to comply with any notice to vacate and close or who fails to repair said building in accordance with any notice given by the council as provided for in this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F— Fees and Fines. (c) Removal of notice. Any person removing the notice provided for in section 22-384(9) shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided for in Appendix F—Fees and Fines. (d) [Late payment.] Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Ord. of 2-28-1955, § 6; Code 1981, § 5-91; Ord. of 10-28-1996; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009) Sec. 22-387. Duties of the city solicitor. The city solicitor shall: (1) Prosecutions. Prosecute all persons failing to comply with the terms of the order provided for in section 22-385(4). (2) Hearings. Appear at all hearings before the council in regard to dangerous buildings. (3) Collections. Bring suit to collect all municipal liens, assessments, or costs incurred in repairing or causing them to be vacated and closed or demolished dangerous buildings. 92

Item 3. (4) Other legal action. Take such other legal action as is necessary to carry out the terms and provisions of this article. (Ord. of 2-28-1955, § 7; Code 1981, § 5-92; Ord. of 10-28-1996) 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). (Ord. of 2-28-1955, § 8; Code 1981, § 5-93; Ord. of 10-28-1996) Sec. 22-389. Procedure when owner absent from the city. In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered or certified mail to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. (Ord. of 2-28-1955, § 9; Code 1981, § 5-94) Sec. 22-390. Administrative liability. No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit against any officer, agent, or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city solicitor until the final determination of the proceedings therein. (Ord. of 2-28-1955, § 10; Code 1981, § 5-95) Sec. 22-391. Duties of fire marshal and city employees. The fire marshal, all members of the fire department, all officers of the police department, and all other employees of the city shall report, in writing, to the building inspector Division of Code Enforcement all buildings or structures within the city which shall come to their knowledge or attention as being dangerous buildings within the terms of this article. (Ord. of 2-28-1955, § 11; Code 1981, § 5-96) Secs. 22-392—22-399. Reserved. 93

Item 3. PART II - CODE OF ORDINANCES Chapter 22 - BUILDINGS AND BUILDING REGULATIONS ARTICLE XII. VACANT BUILDINGS ARTICLE XII. VACANT BUILDINGS Sec. 22-400. Purpose; applicability; definitions. (a) Purpose. The purpose and intent of this article is to establish a registration and identification program of vacant buildings within the city. Vacant buildings are detrimental to the surrounding buildings and neighborhoods in which they exist. The article is also to ensure the public health, safety, and welfare insofar as they are affected by vacant buildings within the city. The health, safety, and welfare of the neighborhoods in which vacant buildings are located are of the utmost importance to the city, as is the general community character in which these vacant buildings are located. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to vacant buildings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have meanings ascribe to them in this subsection, except where the context clearly indicates a different meaning. (1) Vacant building means a building, structure, or dwelling that has been unoccupied for more than three consecutive months; or a commercial tenant space greater than 10,000 square feet in an otherwise occupied building, that has been left unoccupied for more than three consecutive months. (2) Actively for sale or lease means the building is being actively marketed through a licensed real estate broker or the owner who is regularly advertising the property in newspapers circulated in and around Dover, it is being offered for sale or lease at a cost of no more than 25 percent over market rate as determined by the city assessor, and the building is in reasonable condition for sale or lease, including but not limited to: no trash has collected inside or outside of the building, the utilities are functional, and it is not being used as storage that is unrelated to the former use. (Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013) Sec. 22-401. Monitoring, inspection, and condition standards. (a) The building inspector shall inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this article. Upon request of the building inspector, an owner shall provide access to all interior portions of a vacant building in order to permit a complete inspection. Once a building/structure/unit or residence (hereon after referred to as building) is registered as a vacant building, the vacant building shall be inspected annually for as long as it is considered vacant. Dover, Delaware, Code of Ordinances Created: 2024-01-29 16:25:09 [EST] (Supp. No. 39) Page 44 of 47 94

Item 3. (b) The vacant building shall be secured; the exterior building and premises shall be maintained in accordance with all City of Dover Code requirements. (c) The vacant building shall be in reasonable condition (all utilities shall be functional, there shall be no trash or debris inside or outside the building and it shall not to be used as storage that is unrelated to the former use). (Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013) Sec. 22-402. Agent—Responsible person required. (a) Property manager. Any owner of a vacant building, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other real estate for a fee and who resides in the county acting as a property manager. The property manager, including family members and designated individuals, shall have charge, care, and control of the vacant building, and shall provide access to the vacant building for inspection upon request by the building inspector, within 30 days. (b) Corporate or partnership owners. Any corporation or partnership owning a vacant building shall have a designated member, partner, or employee having charge, care, and control of the vacant building. The designated member, partner or employee shall reside in or have an office located in the county or shall be required to have a licensed property manager residing or having an office located in the county, or other designated individual who does not manage any other real estate for a fee, and who resides in the county, acting as a property manager. The property manager, or other designated individuals shall have charge, care, and control of the vacant building, and shall provide access to the vacant building for inspection, upon request by the building inspector, within 30 days. (Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013) Sec. 22-403. Registration and registration fee. (a) Registration of building. There are two ways to register the building as vacant. (1) The owner shall register with the city not later than 30 days after any building in the city becomes vacant, as defined. The registration of the vacant building shall include the site address, the name of the current owner or owners, current address of the owner and of all applicable owners, tax parcel number, proof of insurance on the building, description of the condition of the building, plans for the building (to eliminate the vacancy), the responsible person or agent and their contact information and any other applicable information. If any information changes the owner is responsible for informing the city of those changes in a timely manner. Created: 2024-01-29 16:25:09 [EST] (Supp. No. 39) Page 45 of 47 95

Item 3. (2) The building inspector or his designee, shall investigate any property that may be subject to registration. Based upon his findings, the building inspector may register the property as a vacant building subject to this chapter. a. Notice of registration. Within five business days of such registration, the licensing and permitting office shall notify the owners of the registered property by certified mail at their last known address according to the records of the city and Kent County. b. Registration fee. (i) The annual registration fee shall be paid at the time of registration. If the building inspector registers the building as vacant the fee shall be due not later than 30 days after the building is registered as vacant. The annual registration fee will then be due on the registration anniversary date every year after that as long as it remains vacant. The starting point for counting a building as being vacant will begin on the date of the enactment of this article [June 26, 2006]. (ii) The annual fee is as provided for in Appendix F—Fees and Fines. (Ord. of 6-26-2006; Ord. of 4-14-2008; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-03, 3-11- 2013) Sec. 22-404. Violation and penalties. (a) If the registration fee is not paid within 30 days of being due, the owner shall be in violation of this article. (1) A lien can be assessed against the property. Such fees shall be entered in the municipal lien docket as a lien owing the city, and the same may be turned over to the city solicitor for collection. (2) The fee will be assessed to the parcel's tax bill. (3) The fee shall be paid in full prior to the transfer of title. (4) The fee shall be paid in full prior to the issuance of any building permits for the subject building and for any other building that is owned by the owner within the city. (Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013) Sec. 22-405. Exemptions—Types of buildings eligible for exemption status from the registration fee. (a) The following are exempt from the registration: The building has fire damage. The owner has 90 days to file for a permit to start construction or demolition or it will be determined a vacant property. Created: 2024-01-29 16:25:09 [EST] (Supp. No. 39) Page 46 of 47 96

Item 3. (b) The following properties shall be registered as vacant, but they are exempt from the registration fee: (1) The building is actively being offered for sale or lease for a maximum period of five years. After such time this article will be in effect. Proof of activity shall fall on the owner to provide. See definition. (2) The owner has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy. (3) The property is in probate or where the owner has entered a long term care facility within six months of the building being vacant. (4) The property is undergoing currently undergoing environmental cleanup or assessment. (c) Failure to register. If the owner of the property fails to register the property with the City of Dover within 30 days of notification to do so by the City of Dover staff, then the property owner/agent may not be entitled to exemption from the fees. (Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013) Sec. 22-406. Appeal of the 25 percent over market rate. An appeal of the 25 percent over market rate (from the actively for sale or lease definition) can be considered through an appraisal using accepted appraisal standards to determine market rate. The owner has the option of asking the city tax assessor to perform the appraisal or having one performed (using accepted appraisal standards) at their own expense. (Ord. of 6-26-2006; Ord. No. 2013-03, 3-11-2013; Ord. No. 2016-19 , 8-22-2016) ADOPTED: * SYNOPSIS This proposed amendment to this chapter removes language that requires the doubling of fines. The amendments also add transparency defining how and when a fine is issued. The language that has been added and updated clarifies the responsibility of the property owner. This proposal also defines the penalties for life safety violations. (SPONSORS: ANDERSON and HUGG) Action History 05/14/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration Committee Created: 2024-01-29 16:25:09 [EST] (Supp. No. 39) Page 47 of 47 97

ACTION FORM Item 4. PROCEEDING: Council Committee of the Whole- Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: May 6th, 2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Amendments to Dover Code of Ordinance REFERENCE: Proposed Ordinance #2024-16 – Amending Chapter 46- Fire Preventions and Protection RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager and Jason A. Osika, Fire Marshal EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approve text amendments in Proposed Ordinance #2024-16. BACKGROUND AND ANALYSIS Proposed amendments to this chapter remove language that requires the doubling of fines. The proposal also provides transparency to the fine schedule. 98

Item 4. PROPOSED ORDINANCE #2024-16 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 46 – Fire prevention and protection, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: ARTICLE I. IN GENERAL Sec. 46-0. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automatic telephone dialing device and digital alarm communicator system means an alarm system which automatically sends a prerecorded voice message or coded signal over regular telephone lines, by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. Barbecuing—Commercial means the preparation and cooking of food by way of gas grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas for the purpose of cooking food for the sale to and/or consumption by the general public. Barbecuing—Recreational means the preparation and cooking of food by way of gas grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas for the purpose of cooking food for the consumption by a family and/or guests or by the membership of a private organization or church congregation. Bollard means a solid post that conforms to the dimensions outlined in this section which is constructed of concrete, steel, or other durable material approved by the Fire Marshal, cored into a hard surface that is buried in the ground, designed to protect buildings and utilities by absorbing the impact of a motor vehicle collision. Code enforcement officer shall mean fire marshals, police officers, and inspectors employed by the city. Emergency shall mean any situation where the Dover Fire Department or any assisting fire department is called to perform firefighting, rescue, or life saving lifesaving operations within the limits of the city. Dover, Delaware, Code of Ordinances Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 1 of 71 99

Item 4. Fine means the assessment of a monetary charge, payable to the city, authorized pursuant to this section, to defray the expenses of responding to a preventable alarm or alarm malfunction. Fire alarm installation report means a report, in a form approved by the fire marshal, with the following minimum information: (1) The name, address, business and home telephone number of the owner, lessee, operator, manager, or person in possession of the premises wherein the alarm system is installed. (2) The name, address, and telephone number of a minimum of two persons who can be notified by the Robbins Hose Company in the event of the activation of the alarm system, who shall be capable of responding to the premises within 30 minutes, and who are authorized to enter the premises to ascertain the status thereof. Fire alarm malfunction means the activation of any alarm, which results in the response of the fire department, caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance. Fire alarm system means any mechanical, electrical, or radio-controlled device which is designed to emit a sound or transmit a signal or message when activated or any such device which emits a sound and transmits a signal or message when activated because of smoke, heat, or fire. Without limiting the generality of the foregoing, the term "fire alarm system" shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone direct dial devices or digital alarm communicator systems. A single station alarm device shall not be deemed to be an alarm system under this section. Fire alarm technician means any person who inspects, installs, repairs, or performs maintenance on fire alarm systems and is licensed by the state or works under a state licensed alarm contractor. Fire protection system shall include any electronic or mechanical system designed and installed to detect and alert, suppress, or seal off smoke and fire from the occupants of a building. Impact protection means any bollards, walls, concrete barriers, or other devices, subject to the approval of the fire marshal, used to stop vehicles or equipment in motion. Impairment means any effective lessening of the equipment to operate as designed, including times of maintenance and annual testing. Means of egress means the most current edition of the National Fire Prevention Association Life Safety Code shall be used to determine the definition of the term "means of egress." Open burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Operative alarm system means an alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule or regulation of the state or the city. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 2 of 71 100

Item 4. Outdoor fireplace means any homemade or commercially produced fireplace, fire pit, or fire ring used for the kindling of wood. Owner means any person who owns the premises in which an alarm system is installed or the person or persons who lease, operate, occupy, or manage the premises. Premises means any building or structure, or combination of buildings and structures, which serve as dwelling units, single-family or multifamily, or any other area within a building or structure, or combination thereof, which is used for any purpose, other than residential, wherein an alarm system is installed. Preventable alarm means the activation of any alarm, which results in the response of the fire department, caused by the negligence or intentional misuse of the system by the owner or his/her employees, servants, or agents; or any other activation not caused by heat, smoke, or fire, exclusive of a "fire alarm malfunction" as defined in this section. An alarm is not considered a preventable alarm if the alarm is activated due to malicious causes beyond the control of the owner. Serve means hand-delivery, by a representative of either the fire department or police department, to the owner or authorized representative who responded to the premises. In the event the owner or authorized representative fails to respond to the premises within 30 minutes, the term "serve" shall mean placing the form or other matter in the United States mail, addressed to the owner or authorized representative. Single-station alarm device means an assembly incorporating the detector, control equipment and alarm-sounding device in one unit, operated from a power supply either in the unit, or obtained at the point of installation. ( Ord. No. 2014-21, 9-22-2014 ) Sec. 46-1. Means of egress. (a) Obstructions. The means of egress for an occupancy shall be kept continuously free of all obstructions or impediments to full instant use in case of fire or emergency. (b) Exit doors. All required exit doors shall be unlocked and under the control of the occupants within the building or area. This subsection is to include fenced-in outdoor events. (c) Duty of owner, manager. It shall be the responsibility of the owner, manager, principal, or any other person responsible for the day-to-day operations of the occupancy to ensure that exits are unobstructed and unlocked prior to the opening of the occupancy to the general public. (d) Merchandise in exits. In mercantile occupancies, merchandise is prohibited from being displayed in any required exit access, exit, or exit discharge. Merchandise may be displayed in the exit access, exit, or exit discharge of mercantile occupancies that have submitted a written plan for the display of such merchandise and the plan has been reviewed and approved by the fire marshal's office. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 3 of 71 101

Item 4. (e) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked exit door, is found to be in violation of this section, a summons shall be issued as provided for in Appendix F—Fees and Fines. Any required exit door found to be locked against egress shall be in violation of this section and a summons shall be issued for each locked exit as provided for in Appendix F—Fees and Fines. (Code 1981, § 7-1; Ord. of 1-27-1997; Ord. of 2-9-1998; Ord. No. 2009-09, 6-22-2009; Ord. No. 2014-21, 9-22-2014 ) Sec. 46-2. Obedience to state fire and safety laws and regulations. (a) Health and safety laws. No person shall violate any of the provisions of title 16, chapters 65—74, part VI of the Health and Safety of the Delaware Code (16 Del. C. §§ 6501— 7418). The penalties for such violations issued by the city shall be in accordance with those issued by the state for the same offense. (b) Fire prevention regulations. No person shall violate any of the provisions of the most recently adopted state fire prevention regulations as now or hereafter amended. The penalties for such violations shall be in accordance with those issued by the state for the same offense. (Code 1981, § 7-2; Ord. of 2-9-1998) Sec. 46-3. Impairment of fire protection equipment. (a) Prohibited. It shall be a violation of this chapter for any owner, renter, lessor, or contractor, after having been notified, in writing, by the fire marshal or code enforcement officer of any impairment to fire protection equipment, including but not limited to fire hydrants, fire alarm systems, sprinkler systems, commercial cooking ventilation and fire suppression systems, standpipes, and smoke removal or pressurization systems, to allow it to remain impaired for any time beyond that allowed by the fire marshal for repair. (b) Impairment of fire protection systems. All fire protection systems, devices, units, and service equipment shall be maintained in an operational condition at all times, and it shall be unlawful for any person owning, controlling, or otherwise having charge of any fire protection system to willfully or knowingly tamper with or impair the system from operating as designed without proper approval. An approval form may be obtained from the fire marshal's office. Approvals will not be required for temporary impairments caused by periodic testing and inspection. Any impairment which will render the system non- operational or out of service for more than eight hours for testing and inspection purposes must be approved prior to the start of work. (c) Notification required. The owner, tenant, or contractor shall notify the Robbins Hose Company of any impaired fire protection equipment, and shall renotify the Robbins Hose Company when the fire protection equipment has been restored to normal service. Certification from the repairing contractor shall be required to verify that the system has been fixed and is functioning as designed. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 4 of 71 102

Item 4. (d) Fire watch required. When any impairment would cause a sprinkler system not to operate or a fire alarm system not to detect and signal a fire, and if the building is to remain occupied, a fire watch shall be established in that building or that portion of a building affected. It shall be the responsibility of the owner or tenant to set up the fire watch. The fire watch shall consist of an hourly check of the building or portion of the building affected, and a log kept, there stating the date, time of the checks, and who was making the checks. This log shall be accessible for immediate inspection by the fire chief, fire marshal, or code enforcement officer. (e) Authority of fire marshal. The fire marshal or his/her designee is authorized to close any such building or property where fire protection equipment is found to be impaired or non- operational to ensure the life safety of the occupants. (f) Fines. Any owner, occupant, contractor, or body corporate found to be in violation of this section shall be issued a summons as provided for in Appendix F—Fees and Fines. (Code 1981, § 7-3; Ord. of 2-9-1998; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-05, 9-24- 2012; Ord. No. 2014-21, 9-22-2014 ) Sec. 46-4. Impact protection of natural gas and LP gas devices. All natural gas and LP gas installations shall be installed per adopted NFPA and International codes, with the following amendments: (a) When required. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. The fire marshal and/or chief building inspector shall reserve the right to apply this section whenever it is deemed necessary to provide impact protection to address a life or fire hazard. (b) Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. (c) Color of bollards. Bollards should be of the following colors: yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 5 of 71 103

Item 4. (d) Responsibility. It shall be the responsibility of the property owner and/or contractor for the new installation to ensure that natural gas and LP gas meters, regulators, and valves are protected in accordance with these regulations. (e) Compliance period. All new construction projects shall comply with the provisions of this section. All existing multiple dwellings, schools, nursing homes, hospitals, and day care centers shall be protected in accordance with this section. All other existing structures shall be protected when deemed a life or fire hazard by the fire marshal. (f) Exemptions. Single-family homes, including townhouses, duplexes, and manufactured housing, except where natural gas and LP gas devices are located directly in front of head-in parking spaces and driveways, and where the fire marshal deems that impact protection is not necessary, shall be exempt from this section. (Code 1981, § 7-5; Ord. of 5-10-1999; Ord. No. 2014-21, 9-22-2014 ) Sec. 46-5. Open burning. (a) Permit required. Open burning of structures, brush, or bonfires shall not be permitted without a permit obtained from the fire marshal. (b) Fire dimensions. Open burning, when permitted, shall be kindled in such a manner as not to be a danger to other campers, recreational vehicles, tents, or structures and shall not be of a size greater than 18 inches by 18 inches by 18 inches. Height of the fire shall be measured from the ground or from the bottom of the inside of the container being used to kindle the fire. Open burning shall not be kindled directly on the ground unless contained in a fire ring. (c) Fire clearances and time restrictions. Outdoor fireplaces shall have 36 inches clearance from all combustibles when in use. Portable fireplaces, fire pits, or fire rings shall be extinguished in a residential area between the hours of 12:00 midnight and 8:00 a.m. (d) Commercial barbecuing. Commercial barbecuing shall be permitted under the following conditions: (1) The location has been approved by city licensing and inspections and the fire marshal and an outdoor public gathering permit has been obtained. (2) One fire extinguisher of not less than five pounds ABC is to be located within ten feet of the cooking area. Cooking area and cooking fuels shall be secured from public access. (3) Approval from the board of public health has been obtained. (4) The operator shall make all reasonable attempts to avoid causing a nuisance to nearby property owners with smoke, fumes, or sparks. (5) All compressed flammable gas containers used for cooking shall be secured in such a way as to prevent them from being knocked, tipped, or blown over. Any commercial barbecuing operations which are a continual nuisance because of smoke, fumes, or sparks shall be terminated by the code official, or fire marshal and the outdoor public Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 6 of 71 104

Item 4. gathering permit revoked until such time as the director of licensing and inspections is satisfied that the problem has been corrected. Barbecuing of any kind shall not be kindled within 200 feet of any fuel pump or storage tank fill. Cooking grease shall not be disposed of by placing it directly on the ground or in storm water drains. (e) Prohibited. (1) Multifamily residential dwelling units. In apartment buildings, condominiums, or any other multifamily residential dwelling of three or more units by any other name, the storage of propane tanks inside units or on balconies is prohibited. Recreational barbecuing shall be prohibited on any balcony or under any overhanging portion or within 15 feet of any structure, except that the use of electrical ranges or electrical grills shall be permitted. The use of outdoor fireplaces on balconies is prohibited. (2) Unattended burning. It shall be prohibited for open burning, commercial barbecuing, and outdoor fireplaces to be unattended at any time. In the event that any open burning, commercial barbecuing, or outdoor fireplaces are found to be unattended, the fire marshal, code official, fire officer, or police shall order the open burning extinguished. (f) Fines. Any owner, occupant, contractor, or body corporate found to be in violation of this section shall be issued a summons as provided for in Appendix F—Fees and Fines. (g) Authority of the fire marshal. The fire marshal is authorized to impose a ban on open burning if weather conditions do not safely permit open burning. The fire marshal or fire officer shall order any fire extinguished that is deemed unsafe or not in compliance with this section of the Dover Code. (Code 1981, § 7-6; Ord. of 3-13-2000; Ord. No. 2011-06, 3-28-2011; Ord. No. 2012-05, 9-24- 2012; Ord. No. 2014-21, 9-22-2014 ) Sec. 46-6. False fire alarms generally. (a) Prohibited. No person shall willfully make, or cause to be made, any false alarm of fire by means of the fire alarm telegraph system, or by means of any public or private alarm system, or by telephone, or by word of mouth, or by any other means of communication whatsoever. (b) Tests. This section shall not apply to city, state or federal employees who are testing such alarms or are otherwise working with the same in their normal course of employment. (Ord. of 7-14-1969; Code 1981, § 14-3(a), (c)) Sec. 46-7. Preventable and malfunctioning alarms to the fire company. (a) Responsibility for malfunctioning and preventable alarms, owner response, and corrective action. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 7 of 71 105

Item 4. (1) Generally. The responsibility for a preventable or malfunctioning alarm shall be that of the owner of the premises in which the fire alarm system is installed. A response to a preventable or malfunctioning alarm shall result when any fire marshal or member of the fire department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system, by any means whatsoever, and responds thereto by traveling to that premises. After responding to a malfunctioning or preventable alarm, the responding official shall notify the owner, or his/her authorized representative and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within 30 minutes after being notified to do so, the fire marshal may issue the owner of the premises a fine as provided for in Appendix F—Fees and Fines. The official or member of the fire department who responded to said premises shall notify the fire marshal's office. (2) Malfunction. In the event of a fire alarm deemed by the responding official to be the result of a fire alarm malfunction, the owner will be served a notice of violation form, indicating that the activation was deemed to be the result of a fire alarm malfunction, and requiring the owner to provide documentation that the fire alarm component that caused the fire alarm malfunction has been corrected, to the satisfaction of the fire marshal, and that the fire alarm system in question has actually been examined by a fire alarm technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the fire alarm system which was identifiable as the cause of the fire alarm malfunction. Failure to return documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine for the fire alarm malfunction as provided for in Appendix F—Fees and Fines. (b) Fine charges; multiple fire alarm malfunctions or preventable alarms. (1) Amount of fine. A fine may be assessed for the third and subsequent malfunctioning or preventable alarms at the same premises responded to by the fire department within the prior 12-month period. Thereafter, the fines, as provided for in Appendix F—Fees and Fines, shall be paid by the owner for each preventable or malfunctioning fire alarm responded to by the fire department at the same premises during a 12-month period beginning with the date of the first alarm. (2) Panel reset. Once a preventable alarm or fire alarm malfunction has been responded to by the fire department, it shall be unlawful for the alarm panel to be reset by any person until the authorization of the fire department has been obtained. A fine as provided for in Appendix F—Fees and Fines may be assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. (3) Insufficient alarms. When any premises are protected by a fire alarm system that, in the opinion of the fire marshal or his/her deputy(ies), will not safely alarm the occupants of a fire, the fire marshal or his/her deputy(ies) may close said building, or a portion of said building, to human occupancy until the problem with the fire alarm is corrected Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 8 of 71 106

Item 4. and a written report from a licensed fire alarm company is submitted to the fire marshal. (Code 1981, § 14-3.6; Ord. of 1-23-1984; Ord. of 7-11-1994; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-05, 9-24-2012; Ord. No. 2014-21, 9-22-2014 ) Sec. 46-8. Maintaining a known violation or hazard. (a) Known violation or hazard. Any person is guilty of maintaining a known violation or hazard if: (1) After having been informed in writing by a code enforcement officer of a violation of the fire code, property maintenance code, a city ordinance, or state law existing on property he or she owns or occupies, he or she fails to correct the said violation; (2) He or she prevents a fire protection system from functioning as designed; (3) He or she knows that a fire protection system will not function as designed and takes no action to repair the fire protection system; (4) He or she interferes with any occupant's egress from a building; (5) He or she knows of an obstruction that would interfere with any occupant's egress form a building and takes no action to remove the obstruction; (6) He or she engages in any act, written or verbal, within city limits that obstructs, delays, hinders, or interferes with the operations of the fire department during an emergency. (b) Penalties. (1) Any fines issued for violation of this section shall be issued as provided for in Appendix F—Fees and Fines. (2) Occupancies that continue to maintain a known violation or hazard may be closed by the code enforcement officer until such time as all violations and hazards have been corrected. (Ord. of 2-26-2007; Ord. No. 2009-09, 6-22-2009; Ord. No. 2014-21, 9-22-2014 ) Sec. 46-9. Fire hydrants and fire department connections. (a) It shall be unlawful for any person to park, place, or keep any vehicle or object within ten feet of a fire hydrant or fire department connection on any city street or public property. (b) Fire hydrants public and private shall have their tops painted with the appropriate color to indicate flow, and the remainder of the hydrant shall not be painted any color other than red unless approved by the fire marshal and public works department. (c) It shall be unlawful to knowingly impair or tamper with a fire hydrant or fire department connection so as to make it non-operational when needed. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 9 of 71 107

Item 4. (d) It shall be unlawful for any person other than members of a fire department engaged in the performance of their duties, any person in the event of an emergency endangering life or property, or any city department for authorized purposes to open, use or take water from any fire hydrant. (e) During times of inclement weather, snow shall not be plowed or piled as to obstruct the use of fire hydrants on private property. (f) Fire hydrants shall be installed per the requirements of City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. (Ord. No. 2012-05, 9-24-2012) Sec. 46-10. Report of fires required; spreading of alarm. It shall be the duty of the owner, manager, occupant, responsible person or any person in direct control of any building or premises of any kind, upon discovery of a fire or evidence of there having been a fire even though it has apparently been extinguished, or upon receiving information that there is or was a fire on the premises, to immediately and with all reasonable dispatch and diligence call or otherwise notify the fire department of the existence, circumstances, and location of such fire and to spread an alarm to all occupants of the building. This requirement shall not be construed to forbid any person to use all diligence necessary to extinguish such fire prior to the arrival of the fire department. (Ord. No. 2012-05, 9-24-2012) Sec. 46-11. Unlawful regulation or order. No person shall make, issue, post, or maintain any regulation or order, written or verbal, that would require any person to take any unnecessary delaying action prior to reporting a fire to the fire department. (Ord. No. 2012-05, 9-24-2012) Sec. 46-12. Maintaining records for inspections. The building or property owner or manager of any occupancy required to have an annual fire/life safety inspection conducted by the fire marshal's office shall maintain a fire inspection log with the documentation pertinent to that occupancy for the preceding three years, as follows: (1) Annual fire alarm system certificate of inspections. (2) Annual fire suppression system certificate of inspections. (3) Annual hood suppression system certificate of inspections. (4) Annual elevator certification of inspection. (5) Annual fire extinguisher inspection paperwork. Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 10 of 71 108

Item 4. (6) Six-month steam cleaning paperwork for hood suppression system. (7) Two year boiler inspection paperwork. (8) Three or five year electrical inspection paperwork. (9) Current respondent information. (10) Monthly fire extinguishers visual check. (11) Monthly exit lights test. (12) Monthly emergency lighting test. (13) Monthly generator run. (14) Self-closing fire door and exit hardware. (15) Fire drills. (Ord. No. 2012-05, 9-24-2012) Secs. 46-13—46-40. Reserved. ARTICLE II. FIRE DEPARTMENT DIVISION 1. GENERALLY Sec. 46-41. Created; purpose. There is hereby created a city fire department, which shall protect and prevent against the hazard of fire. Robbins Hose Company No. 1, Inc., is hereby recognized and designated as the fire company of the city in accordance with the city Charter and this Code. (Code 1968, § 2-45; Code 1981, § 7-16; Ord. of 4-9-1990) Sec. 46-42. Control; board of directors. The fire chief and president of the fire department will be the liaisons from the fire department to the City of Dover. Any rules and regulations will be negotiated between the fire department and City of Dover and approved by the fire department membership and city council. (Code 1968, § 2-46; Code 1981, § 7-17; Ord. No. 2020-11 , 10-12-2020) Sec. 46-43. Semiannual inspections. In the months of April and October of each year, the city manager shall inspect the fire department with the fire chief and president, make inquiries as to the standing and efficiency of the fire companies, investigate the capabilities of the officers of the fire department and the operators of fire department apparatus, and make a report to the city council, in writing, stating Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 11 of 71 109

Item 4. the results of their inspection and investigation and making those recommendations which they may deem proper. (Code 1968, § 2-47; Code 1981, § 7-18; Ord. No. 2020-11 , 10-12-2020) Sec. 46-44. Interference with discharge of duty. It shall be unlawful for any unauthorized person to break through the established fire barriers at a fire, to refuse to move from within the fire barriers or to, in any manner, interfere with or hinder any member of the fire department in the discharge of their duties. (Code 1968, § 2-67; Code 1981, § 7-22; Ord. No. 2020-11 , 10-12-2020) Editor's note(s)—Ord. No. 2020-11 , adopted October 12, 2020, repealed §§ 46-44 and 46-45 and renumbered § 46-47 as § 46-44. Former §§ 46-44 and 46-45 pertained to the right to use of fire apparatus in emergency and the failure to answer alarms, orders and perform duties orderly and derived from §§ 2-48, 2-65 of the Code of 1968; § 7-19, 7-20 of the Code of 1981 and Ord. No. 2009-09, adopted June 22, 2009. Sec. 46-45. Reserved. Editor's note(s)—See editor's note, § 46-44. Sec. 46-46. Appeal of suspension. Upon suspension from the fire department, the suspended member, officer, or fire company shall have the right to appeal to the city council, which, upon giving notice and an opportunity to be heard to those persons concerned, shall confirm the suspension, or reinstate the member, officer, or fire company. (Code 1968, § 2-66; Code 1981, § 7-21) Secs. 46-47—46-70. Reserved. DIVISION 2. OFFICERS Sec. 46-71. Generally. The officers of the fire department, from highest rank to lowest rank, shall respectively be fire chief, deputy fire chief, four assistant fire chiefs, and two fire captains. (Code 1968, § 2-50; Ord. of 10-25-1976; Code 1981, § 7-31; Ord. of 6-14-1993) Sec. 46-72. Annual appointment by council. The fire chief, the deputy fire chief, the assistant fire chiefs, and the fire captains shall be appointed at the first regular city council meeting in December by the city council. The Created: 2023-09-27 11:16:27 [EST] (Supp. No. 38) Page 12 of 71 110

Item 4. appointments shall be made from the duly elected nominees of each fire company as provided in section 46-77. If, however, the city council deems the nominees or any one of them unsatisfactory, it may refuse to appoint those nominees and instead may order a special election in accordance with the provisions of this article to choose another nominee or slate of nominees. (Code 1968, § 2-54; Ord. of 10-25-1976; Code 1981, § 7-32; Ord. of 6-14-1993; Ord. No. 2020- 11 , 10-12-2020) Sec. 46-73. Qualifications. (a) Nomination. No person shall be considered a candidate for nominee election as fire chief, deputy fire chief, fire captain or assistant fire chief unless they shall have been regularly nominated for that office and their name shall appear upon the official ballot for that office at the nominee election. (b) Prerequisites; exception. The fire chief, deputy fire chief, assistant fire chiefs, and fire captains shall follow the Constitution and by laws bylaws of the Robbins Hose Company. (Code 1968, § 2-55; Ord. of 10-25-1976; Code 1981, § 7-33; Ord. of 6-14-1993; Ord. No. 2020- 11 , 10-12-2020) Sec. 46-74. Terms. (a) Calendar year. The fire department officers shall serve from the Tuesday after the first city council meeting in December until the following Tuesday after the first city council meeting in December, except that an appointee to fill a vacancy shall assume the post upon qualification. (b) End of service. If a successor has not been elected and qualified for office at the expiration of an officer's term, then the incumbent shall serve until their successor is duly elected and qualified. (Code 1968, § 2-56; Code 1981, § 7-34; Ord. No. 2020-11 , 10-12-2020) Sec. 46-75. Date of election of nominees. The election of nominees for fire department officers shall be held each year on the third Monday in November. (Code 1968, § 2-57; Code 1981, § 7-35) Sec. 46-76. Notice of election of nominees. The fire department secretary shall notify the various fire companies of the election of nominees for fire department officers at least one week before the nominee election is to be held, stating the time and place of the election. A copy of the notice shall at once be placed on the bulletin boards of the respective firehouses by the secretaries of the fire companies. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 13 of 71 111

Item 4. (Code 1968, § 2-58; Code 1981, § 7-36; Ord. No. 2020-11 , 10-12-2020) Sec. 46-77. Election and voting regulations for nominees. Each fire company shall conform to the following regulations for the conduct of nominee elections for fire department officers: (1) Membership list. At least one week before the nominee election, the fire department secretary and fire recorder shall post a list of its active members in good standing. These lists shall be certified by the president and secretary of each fire company, shall be under seal and shall be used by the judges of the nominee election to determine qualified voters. (2) Where and how election held. The nominee election shall take place at a firehouse designated by the fire department president and shall be conducted by three judges appointed by the fire department president for that purpose. (3) Eligible voters. The nominee election judges shall not permit anyone to vote whose name is not on one of the lists mentioned in subsection (1) of this section. If a member's name appears on the lists, but it is proven to the satisfaction of the judges that they do not meet the requirements of active membership, then that person shall cast a challenged ballot. The term "active membership," for the purposes of this section, shall mean a member who has responded to at least 125 of the alarms, by way of attendance, during the year immediately preceding the certification of the voting list and is in the category of active and life membership within the fire department. This requirement is waived for any member who was on active duty in the military service during any portion of that year and who is otherwise in good standing with their individual fire company. (4) Secret ballot. The nominee election shall be by secret ballot and each voter shall have only one vote for each of the open nominee positions. (5) When polls open. Polls shall open at 7:00 p.m. and shall close at 8:00 p.m. (6) Absentee voting. Follows the Constitution and by laws bylaws of the Robbins Hose Company. (Code 1968, § 2-59; Code 1981, § 7-37; Ord. of 10-12-1982; Ord. of 8-14-2000; Ord. No. 2017- 07 , 6-26-2017; Ord. No. 2020-11 , 10-12-2020) Sec. 46-78. Certification of results of nominee election. Immediately after the close of the nominee election polls, the election judges shall tally and certify the results of the nominee election. The ballot box, together with the ballots, judges' certification, and tally sheet, shall be sealed and delivered within 24 hours, to the city clerk. The city clerk shall submit the results of the election, together with the accompanying materials, to the city council at its next regular meeting following the election. (Code 1968, § 2-60; Code 1981, § 7-38; Ord. No. 2020-11 , 10-12-2020) Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 14 of 71 112

Item 4. Sec. 46-79. Special nominee elections. If the city council shall order a special nominee election, to be held as provided in section 46-72, in order to replace a person, the city council refused to appoint, that special nominee election shall be held at the time fixed by the fire department president and in the same manner as the regular nominee elections are held. At the special election, the person whom the city council refused to appoint shall not be voted for and any ballot cast for them shall not be counted. (Code 1968, § 2-62; Code 1981, § 7-39; Ord. No. 2020-11 , 10-12-2020) Sec. 46-80. No contestants. If there are no contestants available for any one of the fire department offices and this fact is certified by the president and secretary of each of the fire companies, then the city council shall appoint those officers without holding the nominee election. (Code 1968, § 2-62; Code 1981, § 7-40) Sec. 46-81. Election to fill vacancy. Whenever the office of fire chief, deputy fire chief, fire captain or assistant fire chief shall become vacant through the resignation, death, absence, or disability of any person holding that office, the vacancy shall be filled by an election held by the qualified fire company members affected by the loss of command. The election shall be held in the same manner and form as other elections of the fire department, in accordance with the provisions of this division. (Code 1968, § 2-63; Ord. of 10-25-1976; Code 1981, § 7-41) Sec. 46-82. Powers and duties of fire chief. The fire chief shall: (1) Control at fires. Have full control of the fire department at all fires. (2) Assignment of duties. Assign to each fire company their respective duties, when necessary. (3) Implement rules. Implement those rules for the regulation and management of the fire companies at fires, and for going to and returning from fires. (4) Attend fires. (5) Summon police. Have the authority to summon the police to maintain order and protect property during the continuance of fires. (6) Barriers. Cause barriers to be placed across the streets and sidewalks to prevent accidents and interference with the workings of the fire department and to admit no Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 15 of 71 113

Item 4. one within the enclosed limits, except equipped firefighters, the police and, in their discretion, those persons immediately interested in the property. (7) Demolish buildings. Have the power, when it is, in their opinion, absolutely necessary to stop the spread of a conflagration, to cause to be pulled down or blown up those buildings that shall be required to be removed. (8) Enter private property. Have the power to cause those members of the fire department that they shall deem proper, with the apparatus that shall be necessary, to enter upon any private property for the purpose of extinguishing a fire. They may cause those fences or other obstructions to be removed that they may deem necessary. (Code 1968, § 2-51; Code 1981, § 7-42; Ord. No. 2020-11 , 10-12-2020) Sec. 46-83. Submission of annual report to city council. The fire chief and president shall present the city council with a report at its annual meeting, which shall state the fire suppression and administrative activities of the department. (Code 1968, § 2-33; Code 1981, § 7-43; Ord. No. 2020-11 , 10-12-2020) Sec. 46-84. Powers and duties of deputy fire chief, assistant chiefs, and fire captains. (a) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, a fire captain, who shall be predetermined by the fire chief, shall assume the powers and duties, and be obeyed accordingly. (b) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, the fire captain shall then assume the powers and duties and be obeyed accordingly. (c) It shall be the duty of the deputy fire chief, the assistant fire chiefs, and the fire captain to be present at all fires and to assist the fire chief in the discharge of the duties of their office. (Code 1968, § 2-52; Ord. of 10-25-1976; Code 1981, § 7-44; Ord. of 6-14-1993) Sec. 46-85. Reserved. Editor's note(s)—Ord. No. 2020-11 , adopted October 12, 2020, repealed § 46-85. Former § 46- 85 pertained to the violation of election regulations and derived from § 2-64 of the Code of 1968 and § 7-45 of the Code of 1981. Secs. 46-86—46-120. Reserved. ARTICLE III. FIRE CODES1 1 Charter reference(s)—Power of city to provide for fire protection, subpart A, § 20. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 16 of 71 114

Item 4. Sec. 46-121. Adopted. (a) International Fire Code adopted. A certain document, three copies of which are on file in the licensing and permitting office of the city, being marked and designated as "International Fire Code, 2009 Edition," as published by the International Code Council, be and is hereby adopted as the Fire Prevention Code of the City of Dover in the State of Delaware; for the control of buildings, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Code, are hereby referred to, adopted and made part hereof as if fully set out in this section, with additions, insertions, deletions and changes as follows: Section 101.1 Insert "City of Dover", in place of [NAME OF JURISDICTION]. Delete in their entirety: Sections 105.6 Required operational permits, through 105.7.12 Temporary membrane structures, tents, and canopies. (b) National Fire Codes adopted. There is hereby adopted the most recently published edition of the National Fire Prevention Association's (NFPA) National Fire Codes (excluding NFPA Codes 11C, 13E, 402M, -41s, 422, 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999, 5000), three copies of which are on file in the office of the fire marshal. (c) The more restrictive provisions of the International Fire Codes as set forth in subsection (a) above or the National Fire Codes as set forth in subsection (b) above shall apply whenever they may be in conflict. (d) It shall be unlawful for any person to violate any of the provisions of the publications adopted in subsection (a) or (b). (Code 1968, § 14-1; Ord. of 3-12-1972, § 2; Code 1981, § 7-56; Ord. of 4-9-1984, § 4; Ord. of 3- 11-1991; Ord. of 11-22-1993; Ord. of 1-27-1997; Ord. of 3-13-2000; Ord. of 4-11-2005(6); Ord. No. 2010-02, 5-10-2010) Sec. 46-122. Definitions. (a) Whenever the term "municipality" or "city" is used in the publications adopted by this article, it shall be construed to mean the city. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publications adopted by this article, it shall be construed to mean the city solicitor. (c) Whenever, in the publications adopted by reference in this article, a term is used which is also defined in appendix B to this Code pertaining to zoning, such term shall have the meaning provided in such appendix B. (Code 1968, § 14-2; Code 1981, § 7-57) Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 17 of 71 115

Item 4. Sec. 46-123. Conflicting provisions. In the event of any conflict between the provisions of the publications 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, § 7-58) Sec. 46-124. Fire marshal. (a) Selection. There shall be a fire marshal, who shall be selected by the city council at its annual meeting. (b) Fire prevention. The fire marshal or his/her authorized agent shall enforce this article and any other fire prevention provisions of this Code and any other fire prevention regulations applicable to the city. (c) Investigation of fires. The fire marshal or his/her deputies shall be responsible for the investigation of the origins and causes of fires and explosions within the corporate limits of the city, which involve the loss of life or injury or cause destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion. Upon request of the fire marshal, the city police shall be authorized to assist the fire marshal in the performance of his/her duties. When any fire or explosion is found to be suspicious or criminal in nature or causes serious injury or death, the fire marshal or his/her deputies shall contact the city police and, per the agreement of the fire marshal and chief of police, conduct a joint investigation into the origin and cause of the fire or explosion. (d) Hazardous conditions. When, in the opinion of the fire marshal or code official, a fire or life safety hazard is of imminent danger to occupants of a building, structure or outdoor event, the fire marshal or code official may order the unsafe condition removed, said building or structure evacuated or outdoor event terminated. (e) Right of entry. The fire marshal or his/her designee is authorized at all reasonable times to enter and examine any building, marine vessel, vehicle, or premises for the purposes of making fire safety inspections. Before entering a private building or dwelling, the fire marshal or his/her designee shall obtain the consent of the occupant thereof or obtain a search warrant authorizing his/her entry for the purpose of inspection, except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which the fire marshal or his/her designee knows or has reason to believe exist, and which reasonably may constitute immediate and grave danger to life or property. (f) Implied consent. Application for, or acceptance of, any license or permit requested or issued pursuant to City Code constitutes agreement and consent by the person making the application or accepting the license or permit to allow the fire marshal or his/her designee to enter the premises at any reasonable time to conduct such inspections as required by this code or deemed necessary by the fire marshal or his/her designee to determine compliance with the requirements for such license or permit. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 18 of 71 116

Item 4. (g) [Placard—Health hazard and unsafe to enter.] The fire marshal or code official may placard any building damaged by fire or explosion as being a health hazard and unsafe to enter. No one shall enter any building having been placarded by the fire marshal or code official as being a health hazard and unsafe without first contacting the fire marshal. (h) [Unlawful to enter.] It shall be unlawful to enter any premise, structure, building, or vehicle which has been damaged by fire or explosion for the purpose of removing, altering, or tampering with any part of the structure, appliance, or object identified and tagged by the fire marshal as being a possible ignition source or cause of the fire or explosion, without approval of the fire marshal, until the conclusion of the investigation. (Code 1968, § 2-49; Code 1981, § 7-59; Ord. of 2-9-1998; Ord. No. 2012-05, 9-24-2012) Sec. 46-125. Appeal; hearing. Appeal; hearing. Whenever any person is aggrieved by a decision of the fire marshal with respect to the provisions of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals, as provided for in Chapter 22—Buildings and Building Regulations, Article I—In General, Section 22-1—Construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the fire marshal. Upon receipt of such appeal, the construction and property maintenance code board of appeals shall set a time and place, in not less than ten or more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. (Ord. No. 2016-19 , 8-22-2016) Editor's note(s)—Ord. No. 2016-19 , adopted August 22, 2016, in effect, repealed § 46-125 and enacted a new § 46-125. Former § 46-125 pertained to construction code appeals committee and derived from the Code of 1981; Ord. of 5-10-1982; and Ord. of 11-22-1993. Sec. 46-126. Fire prevention permit. (a) Required. It shall be unlawful to construct, enlarge, alter, or demolish a fire protection system without obtaining a fire prevention permit. (b) Fee. Each applicant for a fire prevention permit, including, but not limited to, sprinkler systems, fire alarms, hood suppression units, and tank installation, shall pay unto the city a permit fee as provided for in Appendix F—Fees and Fines, before such permit shall be issued. (c) Reinspections. There will be no charge for the first reinspection of a permit. The applicant shall pay a fee for subsequent reinspections as provided for in Appendix F—Fees and Fines. (d) Fire signaling system inspection fee. For each inspection of a fire alarm signaling system located within the jurisdiction of the city and conducted by a licensed company pursuant to Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 19 of 71 117

Item 4. Delaware State Fire Prevention Regulations, the licensed company shall submit a copy of the certificate of inspection for each fire alarm system to the city fire marshal's office, along with a nonrefundable fee, as provided for in Appendix F—Fees and Fines. (e) Fire suppression system inspection fee. For each inspection of a fire suppression system located within the jurisdiction of the city and conducted by a licensed company pursuant to Delaware State Fire Prevention Regulations, the licensed company shall submit a copy of the certificate of inspection for each sprinkler riser to the city fire marshal's office, along with a nonrefundable fee, as provided for in Appendix F—Fees and Fines. (f) Doubling of fees. Fees established in subsection (b) shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (Code 1981, § 7-61; Ord. of 11-22-1993; Ord. of 9-11-1995; Ord. of 6-28-2004(2); Ord. No. 2009-09, 6-22-2009; Ord. No. 2011-07, 3-28-2011) Sec. 46-127. Smoke detection devices. (a) Installation required. (1) New dwellings. All new structures and new dwellings shall be equipped with smoke detectors and fire protection equipment as required by the provisions of the International Building Code. (2) Existing dwellings. All existing single-family dwellings, multifamily dwellings, and dwelling units, whether such dwellings are owner-occupied or tenant-occupied, shall be equipped with automatic smoke detection devices, which shall be approved smoke detectors of the photoelectric or ionization type or battery powered Underwriters' Laboratories, Inc., or Factory Mutual approved type, as required by subsection (b)(1) of this section. Such smoke detectors shall be installed in the number, location and manner required by this section and the rules and regulations of the fire marshal and, when actuated, each such smoke detector shall provide an alarm suitable to warn the occupants within the dwelling. It shall be the responsibility of the seller or lessor of such existing dwellings to make such installations. (3) Unlawful acts. In addition to and not in lieu of any other provisions of this section and this Code, it shall be unlawful for any person responsible for the installation of a smoke detector to fail to so install it. It shall be unlawful for any person to tamper with, damage, or render inoperative, such as, but not exclusively, by disconnecting electrical wiring or by removing the batteries, from any smoke detector. (b) Types. (1) Generally. Smoke detection devices shall be of the photoelectric or ionization type and shall be electric, 110-volt AC, or battery powered smoke detectors, Underwriters' Laboratories, Inc., or Factory Mutual approved. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 20 of 71 118

Item 4. (2) Electric. Electric units shall be direct (directly?)wired on a separate circuit on the line side of service equipment, and immediately fused with the proper size fuse. Detector wiring shall be a minimum of 14-gauge wire. All wiring shall comply with the National Electrical Code and shall be performed by registered, licensed electricians, or inspected by the appropriate authority. (3) Battery powered. Battery powered units shall be permitted only in existing structures. Where battery powered units are permitted, the battery shall be of the type approved for the detector and shall provide a minimum of 12 months' service. Battery powered units shall be equipped with an audible sounding device to alert occupants of the need for battery replacements. In rental dwelling units where battery powered devices are permitted, after installation of the detection devices at the landlord's expense, in accordance with subsection (a) of this section, it shall be the tenant's responsibility, unless otherwise provided in the tenant's lease agreements, to: a. Make periodic inspections of the unit to determine that it is in proper working order; b. Notify the landlord of any malfunction of said detection device, which the landlord shall then repair or replace at his own expense; c. Replace the batteries, when necessary, during the entire term of the rental agreement. (c) Audible signal. Smoke detection devices shall be equipped with an audible sounding device that provides a steady signal with a minimum decibel rating of 85 decibels. (d) Number required. (1) Generally. The major threat from fire in a family living unit is at night when everyone is asleep. The principal threat to persons in sleeping areas comes from fires in the remainder of the unit; therefore, smoke detectors shall be located between the bedroom areas and the rest of the unit. In units with only one bedroom area on one floor, the smoke detector shall be located as shown in figure B-2.1.1 of the appendix of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of Household Fire Warning Equipment. (2) Multiple detectors. In family living units with more than one bedroom area or with bedrooms on more than one floor, more than one smoke detector will be required as shown in figure B-2.1.2 of the appendix of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of Household Fire Warning Equipment. (3) Each story of living unit. In addition to smoke detectors outside of the sleeping areas, this subsection requires the installation of a smoke detector on each additional story of the family living unit, including the basement. These installations are shown in figure B-2.1.3 of the appendix of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of Household Fire Warning Equipment. The living area smoke detector shall be installed in the living room and/or near the stairway to the upper level. The basement smoke detector shall be installed in close proximity to the stairway leading to the floor above. If installed on an open-joist ceiling, the detector shall be Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 21 of 71 119

Item 4. positioned relative to the stairway so as to intercept smoke coming from a fire in the basement before the smoke enters the stairway. (e) Jurisdictional authority. The fire marshal shall have jurisdiction for purposes of enforcing compliance with this section. (f) Supervision of enforcement. (1) Registration of contractors. All general contractors, subcontractors and their agents who install electric 110-volt, AC-powered smoke detection devices shall be registered with the office of the city fire marshal in order to sell, distribute, furnish, or install smoke detection equipment within the city. (2) Certification of device. It shall be the responsibility of the contractor, installer or seller of an electric 110-volt, AC-powered smoke detector to certify, in writing, to the fire marshal that the device is in compliance with this section. (3) Exception. This subsection (f) shall not apply to persons who perform the actual installation of smoke detectors in dwelling units they own; however, such installations shall still require any applicable inspections required by the building code. (g) Violations; penalties. Any violation of the provisions of this section shall render the owner or operator, or agent of the owner or operator of the building, or the tenant of rental property if the rental agreement so provides in accordance with subsection (b), and/or the general contractor, subcontractors, or their agents, liable for suspension or revocation of any existing license to do business in the city, or a fine as provided for in Appendix F—Fees and Fines, or both such penalties. Copies of this section shall be made available to the public by the building inspector. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (h) Secured key systems. (1) When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. (2) Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view, or obstructed by any means that would delay the fire department’s access to the box. (3) Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 22 of 71 120

Item 4. (4) Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. (5) Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (Code 1981, § 7-62; Ord. of 2-13-1989; Ord. of 11-22-1993; Ord. of 2-9-1998; Ord. of 9-22- 2003; Ord. No. 2009-09, 6-22-2009) Sec. 46-128. Marking rated walls. (a) Fire walls, fire barriers, shaft enclosures, fire partitions, and smoke barriers shall be labeled with their rating. Markings shall be red in color, located on both sides of the separation wall, a minimum of four inches in height, and no more than 15 feet apart for the length of the wall. Markings shall be visible when ceiling tiles are removed for inspection. (b) Ratings are to be marked as follows: One hour separation 1HR Two hour separation 2HR Three hour separation 3HR Four hour separation 4HR Smoke Barriers SB (Ord. No. 2012-05, 9-24-2012) Secs. 46-129—46-160. Reserved. ARTICLE IV. PUBLIC OCCUPANCIES Sec. 46-161. Compliance required. No person shall use or permit to be used any public occupancy structure which does not comply with the most currently published edition of NFPA Life Safety Code 101. Public Occupancies shall include but not be limited to: (a) Assembly occupancy (facilities used for gathering of 50 or more people to include, but not be limited to auditoriums, assembly halls, auditoriums, bowling lanes, club rooms, college and university classrooms with 50 or more persons, conference rooms, courtrooms, dance halls, drinking establishments, exhibition halls, gymnasiums, libraries, mortuary chapels, motion picture theaters, museums, passenger stations and terminals of air, surface, underground, and marine public transportation facilities, places of religious worship, pool rooms, recreational piers, restaurants, skating rinks, special amusement buildings, theaters); Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 23 of 71 121

Item 4. (b) Educational occupancy (academies, kindergartens, schools); (c) Day care occupancy (adult, child, homes, nursery, center); (d) Health care occupancy (hospitals, limited care facilities, nursing homes); (e) Ambulatory health care occupancy (facilities used to provide services or treatment simultaneously to four or more patients that provides, on an outpatient basis, one or more of the following: (1) Treatment for patients that renders the patient’s incapable of taking action for self- preservation under emergency conditions without the assistance of others; (2) Anesthesia that renders the patient’s incapable of taking action for self- preservation under emergency conditions without the assistance of others; (3) Treatment for patients who, due to the nature of their injury or illness, are incapable of taking action for self-preservation under emergency conditions without the assistance of others.) (f) Residential occupancy (lodging or rooming houses, hotel, dormitory, apartment buildings, bed and breakfast inns, short term rentals); (g) Residential board and care occupancy (group housing, facilities for social rehabilitation, alcoholism, drug abuse or mental health; assisted living); (h) Mercantile occupancy over 10,000 square feet (auction rooms, department stores, drugstores, restaurants with fewer than 50, shopping centers, supermarkets); (i) Business occupancy over 10,000 square feet (city halls, college and universities instructional buildings, classrooms under 50 persons and laboratories, courthouses, dentist's office, doctor's office, general office, outpatient clinics (ambulatory), town halls); (j) Industrial occupancy (dry-cleaning plant, factories of all kinds, food processing plants, gas plants, hangars, laundries, power plants, pumping stations, refineries, sawmills, telephone exchanges); (k) Storage occupancy over 10,000 square feet (barns, bulk oil storage, cold storage, freight terminals, grain elevators, hangars, parking structures, truck and marine terminals, warehouses); (l) Assembly occupancy - special provisions 1 (to include, but not be limited to, outdoor facilities which are not part of the normal everyday operation of the building/land use and are subject to a City of Dover current special event permit); (m) Assembly occupancy - special provisions 2 (to include, but not be limited to, special amusement buildings, carnivals, circus, fireworks, pyrotechnic displays, outdoor music concerts/festivals, special events). (Code 1981, § 7-63; Ord. of 11-22-1993; Ord. of 1-27-1997; Ord. No. 2021-22 , 11-8-2021) Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 24 of 71 122

Item 4. Sec. 46-162. Sprinkler requirements. (a) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: (1) All new indoor places of assembly with an occupant load of 150 persons or greater. (2) Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. (3) Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. (b) Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: (1) All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. (2) Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. (3) Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. (c) New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (d) Three feet of unobstructed clear width shall be designed, designated, and maintained around sprinkler risers for access by firefighters and for maintenance. The three feet shall be measured from the outermost components of the sprinkler riser and all related support equipment. (e) Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached to without interference from any nearby obstructions as defined by the fire marshal's office. Fire department connections shall be a five-inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. (Ord. of 3-14-2005; Ord. No. 2015-07, 5-26-2015 ) Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 25 of 71 123

Item 4. Sec. 46-163. Permit required. It shall be unlawful for any person to operate any public occupancy listed in section 46-164 of Appendix F—Fees and Fines without first obtaining a permit from the licensing division of the department of planning and inspections in order to determine compliance with the provisions of this article. A person desiring the permit shall pay unto the city a fee as provided for in Appendix F—Fees and Fines. (Code 1981, § 7-64; Ord. of 11-22-1993; Ord. No. 2009-09, 6-22-2009) Sec. 46-164. Fees. A person desiring the permit required by the provisions of this article shall pay the appropriate permit fee as provided for in Appendix F—Fees and Fines. (Code 1968, §§ 17-38, 17-46, 17-50, 17-54, 17-58; Code 1981, § 7-65; Ord. of 3-23-1992; Ord. of 11-22-1993; Ord. No. 2009-09, 6-22-2009) Sec. 46-165. Permit expiration. A permit issued pursuant to this article shall expire on March 31 each year. (Code 1981, § 7-66; Ord. of 11-22-1993) Sec. 46-166. Permit display. The owner or operator of a public occupancy structure shall display the permit granted pursuant to this article in a prominent position near the main entrance of the building at all times. (Code 1981, § 7-67; Ord. of 11-22-1993) Sec. 46-167. Inspections. The fire marshal shall inspect every public occupancy structure according to the procedures set forth in this chapter to ensure compliance with the applicable provisions of this chapter and all other ordinances. (Code 1981, § 7-68; Ord. of 11-22-1993) Sec. 46-168. Reinspection fee. (a) Amount. There is hereby created a reinspection fee as provided for in Appendix F—Fees and Fines that shall be charged for any repeated violation cited by the fire marshal, determined to be a violation and which requires a follow up inspection to confirm the correction of the violation. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 26 of 71 124

Item 4. (b) Fee attached. A fee may be attached to any summons written for any violation found to still be uncorrected upon reinspection. (Code 1981, § 7-69; Ord. of 11-22-1993; Ord. No. 2009-09, 6-22-2009; Ord. No. 2012-05, 9-24- 2012) Sec. 46-169. Permit suspension. (a) Noncomplying structures. The fire marshal shall suspend the permit issued pursuant to this article when he determines that any public occupancy structure or the premises surrounding such public occupancy structure fails to meet the applicable requirements of this chapter or any rule or regulation issued pursuant hereto. Such suspension shall last until the violations have been corrected to the satisfaction of the fire marshal, or the suspension shall have been reversed on appeal. (b) Nuisance. The city licensing officer shall suspend the permit issued pursuant to this article when it is determined that a public occupancy structure, the use of any public occupancy structure, or the premises surrounding such public occupancy structure is so inimical to the public health, safety, and welfare as to constitute a nuisance and thus gives rise to an emergency. Such suspension shall last until the violations have been corrected to the satisfaction of the licensing officer, or the suspension shall have been reversed on appeal. (c) Notice. Upon suspending any permit under this section, the fire marshal or city licensing officer shall notify the permittee and, if possible, remove the written permit from the premises. He shall also notify the licensing division of the department of planning and inspections of the suspension. (Code 1981, § 7-70; Ord. of 11-22-1993; Ord. of 11-27-2000) Sec. 46-170. Appeals. (a) Right generally. Any owner or operator of any public occupancy structure whose permit to operate the structure is suspended by the fire marshal or city licensing officer pursuant to this article shall have the right to appeal and notice as provided in this chapter. (b) Notice; effect. Upon suspension of a permit ordered by the fire marshal or city licensing officer pursuant to section 46-169 and upon the permittee serving the city clerk with a notice of appeal pursuant to section 46-125, the permit suspension shall be stayed, and the permit shall remain in abeyance until the appeal is decided by the council. (Code 1981, § 7-71; Ord. of 11-22-1993; Ord. of 11-27-2000) Sec. 46-171. Fire alarm in place of assembly. (a) Definition. For the purpose of this article, the requirements set forth in section A.4.1.2 of the most currently published edition of the NFPA Life Safety Code shall be used to determine if an occupancy is a place of assembly. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 27 of 71 125

Item 4. (b) Occupant load. For the purpose of this article, the requirements set forth in the most currently adopted edition of the NFPA Life Safety Code shall be used to determine the occupant load of a place of assembly. (c) Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. (d) Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. (e) Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (Code 1981, § 7-72; Ord. of 11-22-1993; Ord. of 1-27-1997; Ord. No. 2015-07, 5-26-2015 ) Secs. 46-172—46-200. Reserved. ARTICLE V. FIRE LANES Sec. 46-201. Generally. (a) New construction marking. Fire lanes for new construction shall be marked in accordance with chapter V, part V of the most currently adopted state fire prevention regulations. (b) New construction plot plan. For new construction, a plot plan, showing signs, curb markings, and roadway markings, shall be submitted and approved by the fire marshal prior to issuing a construction permit. (c) Existing building markings. Fire lanes for existing buildings shall be marked in accordance with chapter V, part V of the most currently adopted state fire prevention regulations. (d) Existing building plot plans. For existing buildings, a plot plan, showing signs, curb markings, and roadway markings, shall be submitted and approved by the fire marshal prior to the marking of the fire lanes. (e) Retroactive. The fire lane regulations set forth in this section shall be retroactive to existing buildings. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 28 of 71 126

Item 4. (Code 1981, § 7-73; Ord. of 7-28-1997) Sec. 46-202. Violations. (a) Vehicles parked. It shall be a violation of this article for any vehicle to be found disabled or parked in a fire lane. Anyone found to be in violation of [this sub]section shall be issued a summons pursuant to Chapter 106 Traffic and Vehicles; Article I, In General; section 106-7, Obedience to state law. (b) Summons placed upon vehicle. Any vehicle which has had a summons placed upon it and is found to still be parked in the fire lane for one hour or more from the time the summons was placed upon the vehicle may be towed, at the owner's expense. (c) Other obstructions. It shall be a violation of this article to obstruct any fire lane with any item, such as, but not limited to, dumpsters, trash cans, construction debris, construction equipment, sidewalk sales, merchandise, carnivals and circuses, public gatherings, or any other items or activities that, once placed in the fire lane, would limit access for fire equipment or any other emergency vehicle in time of a fire or other emergency. Any property owner or tenant found to be in violation of [this sub]section shall be issued a summons as provided for in Appendix F—Fees and Fines. (d) Failure to mark. Property owners of existing buildings who do not have their fire lanes marked within 45 days of being notified by the fire marshal, shall be in violation of this article. Any property owner found to be in violation of [this sub]section 46-202(d) shall be issued a summons as provided for in Appendix F—Fees and Fines. (e) [Late payments.] Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Code 1981, § 7-74; Ord. of 7-28-1997; Ord. No. 2009-09, 6-22-2009) Sec. 46-203. Reserved. Editor's note(s)—Ord. No. 2009-09, adopted June 22, 2009, deleted § 46-203, which pertained to penalties and derived from Code 1981, § 7-75; Ord. of 7-28-1997; and Ord. of 9-22-2003. Sec. 46-204. Enforcement. (a) Removal of vehicle or obstruction. Any city police personnel, code enforcement officer or fire marshal shall have the authority to tow, at the owner's expense, any vehicle found in violation of this article or to have removed, by whatever means is necessary, any obstruction of a fire lane, at the owner's expense. (b) Summonses. Any city police personnel, code enforcement officer, or fire marshal shall have the authority to issue summonses for violations of this article. (Code 1981, § 7-76; Ord. of 7-28-1997) Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 29 of 71 127

Item 4. Sec. 46-205. Responsibility of owner or tenant. (a) Legibility. It shall be the responsibility of the property owner to maintain the legibility of the marked fire lane surfaces and signs. (b) Visibility. Fire lane signs or road surface markings shall be replaced or remarked, as necessary, to ensure adequate visibility. (c) Obstructions. It shall be the responsibility of the owner or tenant to keep the fire lane free of obstructions. (d) Closing. Contact shall be made with the fire marshal prior to any construction or maintenance work that would cause a portion of a fire lane to be closed or obstructed. (e) Sign maintenance. All fire lane signs posted on the building or mounted on posts or poles shall be readily visible. (f) Any property owner found to be in violation of this section shall be issued a summons as provided for in Appendix F—Fees and Fines. (Code 1981, § 7-77; Ord. of 7-28-1997; Ord. No. 2009-09, 6-22-2009) APPENDIX F FEES AND FINES2 Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. All fines are to be paid within 30 days of them being issued. Fines not paid within 30 days of them being issued shall constitute a debt due to the city. Subpart B. Related Laws SUBPART B—RELATED LAWS Fees and Fines Sec. 2. Licenses Subsec. (c) Fines—Operating a business without a license Not in excess of $100.00 2 Editor's note(s)—Printed herein is Appendix F, Fees and Fines, Ordinance No. 2015-22, as adopted by the city on Dec. 14, 2015, effective Jan. 1, 2016 . Amendments to the ordinance are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original ordinance. Obvious misspellings and punctuation errors have been corrected without notation. Additions made for clarity are indicated by brackets. Former App. F, pertained to similar subject matter. See the Code Comparative Table for complete derivation. Created: 2023-09-27 11:16:28 [EST] (Supp. No. 38) Page 30 of 71 128

Item 4. CODE OF ORDINANCES Chapter 1. General Provisions Chapter 1. General Provisions Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 1-17. General penalty; separate offenses; unpaid fines Not less than $25.00, nor more than $1,000.00 Chapter 10. Alcoholic Beverages Chapter 10. Alcoholic Beverages Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 10-1. Consumption or possession Subsec. (c) Underage persons $100.00 Chapter 18. Animals Chapter 18. Animals Fees and Fines Mandatory and nonsuspendable fine of at least the minimum fine for each offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 18-3. Keeping swine; for each violation Not less than $25.00 or more than $100.00 Sec. 18-4. Running at-large; for each violation Not less than $25.00 or more than $100.00 Sec. 18-5. Dog licenses required; for each violation First offense—Not less than $50.00 or more than $500.00. Second and subsequent offenses occurring within 12 months of prior offense—not less than $100.00 and not more than $500.00. The minimum fine for a subsequent offense shall not be Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 31 of 71 129

Item 4. subject to suspension. Conviction for the failure to pay the license fee is a violation. Sec. 18-6. Noisy animals or fowl Subsec. (b) Notice; abatement; fine Not less than $50.00 or more than $100.00 shall be subject to a fine until such nuisance is abated Sec. 18-7. Hitching to public trees; for each violation Not less than $10.00 or more than $100.00 Sec. 18-8. Excrement Subsec. (g) Violations; penalties Not less than $25.00 or more than $1,000.00 Sec. 18-9. Vicious dogs and animals—Generally Subsec. (f) Violations; penalties; for each violation $100.00 Sec. 18-12. Cruelty Subsec. (6) Violations; penalties; for each violation $100.00 Sec. 18-13. Public nuisances Subsec. (d) Violations; penalties; for each violation Not less than $25.00 or more than $100.00 Sec. 18-16. Keeping bees Subsec. (m) Violations; penalties, for each violation Not less than $25.00 or more than $100.00 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day granted with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than shall be deemed a separate offense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First offense $100.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 32 of 71 130

Item 4. Second offense $250.00 Third offense $500.00 Fourth and subsequent offenses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 33 of 71 131

Item 4. Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if demolished for the purpose of vacating the land for future condemned and development or construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of to doubling) plans Subsec. (b) Reinspections (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Article IV. Electrical Installations Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five tons and Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 34 of 71 132

Item 4. $7.00 per ton over five tons or multiples thereof Article VI. Plumbing Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 Gas, water and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Article VIII. Leases Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $100.00 Each subsequent offense Not less than $100.00 or more than $1,000.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $100.00 for the first ten rooms and $10.00 for each additional room. Annual dormitory permit fee $100.00 for the first ten rooms and $10.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 35 of 71 133

Item 4. for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $100.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $200.00 Single-family attached dwelling, each dwelling $200.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $200.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $200.00 For each additional dwelling unit in excess of three $50.00 Condominium units and accessory apartments located within $75.00 structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short term rental license $200.00 annually, prorated for partial year Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 36 of 71 134

Item 4. Subsec. (b) Failure to register and obtain a license Not less than $100.00 or less than $1,000.00 (not prorated) in addition to license Subsec. (c) Penalties for violations Not less than $100.00 or less than $1,000.00 per offense Article XI. Dangerous Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense, minimum $100.00 Subsec. (b) Violations by occupant or lessee, each offense, $100.00 minimum Subsec. (c) Removal of notice, each offense, minimum $100.00 Article XII. Vacant Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than two years $750.00 Buildings vacant for more than two years but less than three $1,500.00 years Buildings vacant for more than three years but less than five $3,000.00 years Buildings vacant for five years or longer $5,000.00 (Ord. No. 2020-05 , 1-11-2021; Ord. No. 2022-14 , 11-28-2022) Chapter 26. Businesses Chapter 26. Businesses Fees and Fines Article II. Licenses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-35. License required; fees Subsec. (d)(1) Businesses licensed Advertising agency $95.00 Amusement operator $157.00 Architect $250.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 37 of 71 135

Item 4. Attorney-at-law $313.00 ATM machines (third-party or off bank premises) $50.50 Auctioneer $157.00 Automobile race operator $375.00 Bank, or loan and trust company $313.00 Barber $63.00 each additional chair over two $4.00 Beautician $63.00 each additional chair over two $4.00 Broadcasting station $313.00 Broker $157.00 Car wash $188.00 Certified public accountant $250.00 Cesspool cleaner $125.00 Chiropractor $313.00 Clinical social worker $96.00 Coin-operated amusement machine owner, per machine $3.00 Coin-operated vending machine owner, per machine $3.00 Coin-operated electronic video machine, per machine $125.00 Commercial sign business $125.00 Computer-related services $125.00 Consultant $50.50 Day care operator: Center or home provider with greater than six children $50.50 Dentist $313.00 Distributor $63.00 Dray person or mover $125.00 Eating establishment and/or eating establishment operator $125.00 Employment agency $125.00 Entertainer: One—three entertainers per group $50.50 Four—nine entertainers per group $95.00 Ten or more $125.00 Entertainment agent $188.00 Finance or small loan agency $250.00 Fitness trainer $69.00 Funeral director $250.00 Gaming position $155.00 Gas, light, power, cable TV and telephone company $938.00 General repairman $63.00 Health spa or health club $188.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 38 of 71 136

Item 4. Home day care operator $25.50 Hotel: Per room $9.50 Per suite $12.50 Income tax consultant $188.00 Incorporator $125.00 Insurance adjustor office $125.00 Itinerant merchant, per event $100.00 Janitorial and cleaning service: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Land lease community operator, per home site within community $25.00 Landscape service company: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Laundry service operator: Primary facility $125.00 Additional drop-off locations $50.50 Linen supplier $125.00 Manicurist $32.00 Manufacturer's agent or representative $125.00 Mercantile agency or collection agency $125.00 Motel, per room $7.00 Motion picture theater $188.00 Motor vehicle serviceman $95.00 Nursing, rest or convalescent home $188.00 Open market operator: First 20 spaces, per rented space $22.50 21st—50th space, per rented space $11.50 Each space over 50, per rented space $6.00 Outdoor tables, per table $6.00 Optometrist $313.00 Pawnbroker $188.00 Pest control services $95.00 Pharmacist $188.00 Photographer $125.00 Physical therapist $188.00 Physician and/or surgeon $313.00 Plant nursery and florist $95.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 39 of 71 137

Item 4. Podiatrist $313.00 Pool table operator, per table $63.00/ Maximum fee $189.00 Printer $125.00 Private investigator agency $188.00 Professional counselor $63.00 Professional engineer $250.00 Professional land surveyor $250.00 Psychologist $313.00 Public accountant $188.00 Public stenographer $38.00 Publisher $313.00 Real estate broker, appraiser, and manager $157.00 Real estate development corporation $344.00 Real estate property manager: One—three units managed $50.50 Four—ten units managed $125.00 Ten + units managed $125.00 Real estate salesperson or associated broker $50.50 Rental service $125.00 Sales representative $50.50 School and educational service (nonvocational) $63.00 School and educational service (vocational) $125.00 Scientific laboratory $250.00 Scrap and waste material service $125.00 Secondhand dealer of precious metals $125.00 Security service $188.00 Self-service laundry or dry cleaner $125.00 Shoe repairman $50.50 Sound truck, per hour $33.00 Tailor and garment service $50.50 Taxicab or bus operator: First vehicle $26.00 Each additional vehicle $26.00 Tourist home, per room $7.00 Travel agency $125.00 Veterinarian $313.00 Warehouseman $250.00 Wholesale news agency $63.00 All other businesses not listed: One—three employees $50.50 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 40 of 71 138

Item 4. Four—nine employees $95.00 Ten—50 employees $125.00 51—100 employees $313.00 Subsec. (d)(2) Manufacturers/contractors rate $0.00046 of aggregate gross receipts/ Minimum fee $125.00 Subsec. (d)(3) Merchants/bottlers rate $0.00046 of aggregate gross purchases for resale/ Minimum fee $63.00 Subsec. (d)(4) Sports betting and horse racing (Simulcast) rate of $0.00046 of the aggregate gross receipts (defined as commission) for each activity/ Minimum license fee $125.00 Sec. 26-42. Penalty for late payment of license fee A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid Article III. Going-Out-of-Business Sales; Fire Sales Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-108. Violations; penalties Not less than $25.00, nor more than $1,000.00 Sec. 26-137. Fees $25.00; renewal fee $25.00 (Ord. No. 2016-16 , 8-8-2016) Chapter 30. Standards of Ethical Conduct and Ethics Commission Chapter 30. Standards of Ethical Conduct and Ethics Fees and Fines Commission Article II. Standards of Ethical Conduct Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 41 of 71 139

Item 4. Sec. 30-20. Prohibitions relating to conflicts of interest Subsec. (i)(1) Criminal sanctions, penalties Not to exceed $1,000.00 (Ord. No. 2017-14 , 12-11-2017) Chapter 38. Emergencies Chapter 38. Emergencies Fees and Fines Article II. Civil Emergencies Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 38-84. Violations; penalties Not less than $25.00, nor more than $1,000.00 Chapter 42. Environment Chapter 42. Environment Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 42-2. Noise Subsec. (d) Violations; penalties Not less than $50.00 nor more than $100.00 Chapter 46. Fire Prevention and Protection Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Chapter or any ordinance shall continue shall constitute a separate offense. Unpaid fines and fees as a debt. The amount of any unpaid fines and fees, the payment of which is required pursuant to this chapter, shall constitute a debt due to the city. Failure to pay fines and fees. In the event that the owner of record is deemed to be in violation of this chapter, and if the charges assessed by the city for 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 municipal lien docket as a lien against said property, and add the charges and expenses as specified to the tax duplicate for the tax Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 42 of 71 140

Item 4. 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. In addition to the methods directed herein, the city solicitor shall be directed to enforce said lien or to collect the charges imposed by the city by any other means that he may deem desirable and most advantageous to the city. The violator shall be responsible for all collection costs and expenses, including attorneys' fees. Chapter 46. Fire Prevention and Protection Fees and Fines Article I. In General Sec. 46-1. Means of egress Subsec. (f) Penalties Any exit access, exit, or exit discharge, with the exception of a $100.00 first offense locked exit door, found to be in violation of this section $200.00 second or subsequent offense Any required exit door found to be locked against egress $100.00 each locked exit first offense, $200.00 subsequent offense Sec. 46-3. Impairment of fire protection equipment Subsec. (f) Fines $100.00 per device, first offense; $200.00 per device, second and subsequent offenses Sec. 46-7. Preventable and malfunctioning alarms to the fire company Subsec. (a)(1) Responsibility for malfunctioning and preventable Should the person alarms, owner response, and corrective action; generally notified fail to appear at said premises within 30 minutes after being notified to do so, the city may charge the owner of the premises a fine of $100.00 Subsec. (a)(2) Responsibility for malfunctioning and preventable Failure to return alarms, owner response, and corrective action; malfunction documentation of service/repair within the period of time stated on the notice of violation, which is Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 43 of 71 141

Item 4. satisfactory to the fire marshal, will result in assessment against the owner of a fine of $100.00 for the fire alarm malfunction Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or preventable alarms; amount of fine Number of preventable or malfunctioning fire alarms Fine per preventable or malfunctioning fire alarm Third alarm $100.00 Fourth alarm $200.00 Fifth alarm $250.00 All over fifth alarm, each alarm $250.00 Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions or A $50.00 fine may be preventable alarms; panel reset assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. $100.00 for second and subsequent offenses Sec. 46-8. Maintaining a known violation or hazard Subsec. (c)(1) Penalties; Any fines issued for violation of this Not less than $25.00, section nor more than $1,000.00 Minor Deficiency Major Deficiency $500.00 $1,000.00 Article II. Fire Department Sec. 46-44 Failure to answer alarms, orders and perform duties Fine of not less than orderly; Penalties $25.00, nor more than $1,000.00 or by suspension from the fire department or both Article III. Fire Codes Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 44 of 71 142

Item 4. Fees established in subsection (b) of this section shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Sec. 46-126. Fire prevention permit Subsec. (b) Fee; each applicant $25.00 for each $1,000.00 of costs or multiple thereof of the fire protection system; provided that a minimum fee for each permit shall be $150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $100.00 Third reinspection $200.00 Any subsequent reinspection $250.00 Subsec. (d) Fire signaling system inspection fee Certificate of inspection $25.00 each fire alarm system Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire less buildings per complex alarm system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five buildings per complex alarm system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire alarm systems Subsec. (e) Fire suppression system inspection fee Certificate of inspection $25.00 each fire suppression system Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire less buildings per complex suppression system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five buildings per complex suppression system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 45 of 71 143

Item 4. fire suppression systems Sec. 46-127 Smoke detection devices Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Subsec. (g) Violations; penalties Revocation of any existing license to do business in the city, or a fine of not more than $150.00 per violation, or both such penalties Article IV. Public Occupancies Sec. 46-164. Fees Assembly No charge for an occupant load less than 75; $100.00 for an occupant load of 75 or greater Assembly—Fixed Seating $100.00 for first 200 seats and $10.00 each additional 50 seats Educational $100.00 Day Care $50.00 for Day Cares as defined by Appendix B - Zoning, Article 5, Sections 14.22, 14.23 and 22.1; $100.00 for other day cares Health Care $100.00 first 25 rooms and $5.00 for each additional room Ambulatory Health Care $100.00 Residential $100.00 per building Residential Board and Care $100.00 Mercantile over 10,000 sq. ft. $100.00 Business over 10,000 sq. ft. $100.00 Industrial $100.00 Storage over 10,000 sq. ft. $100.00 Assembly special provisions 1 $25.00 Assembly special provisions 2 $100.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 46 of 71 144

Item 4. Sec. 46-168. Reinspection fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation and which requires a follow up inspection to confirm the correction of the violation Subsec. (b) Fee attached A fee may be attached to any summons written for any violation found to be uncorrected upon reinspection Article V. Fire Lanes Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 46-202. Violations; penalties Subsec. (c) Other obstructions Any property owner or tenant found to be in violation; $50.00 Subsec. (d) Failure to mark Any property owner found to be in violation; $50.00 Sec. 46-205. Responsibility of owner or tenant Any property owner found to be in violation; $50.00 Chapter 50. Floods Chapter 50. Floods Fees and Fines Article II. Administration Sec. 50-22. Permits required Permit $50.00 Permit extension $25.00 Violation and non-compliance penalties Not less than $25.00 nor more than Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 47 of 71 145

Item 4. $100.00, plus cost of prosecution Chapter 52. Freedom of Information Act Related to Public Records Access Chapter 52. Freedom of Information Act Related to Public Fees and Fines Records Access Sec. 52-3. Fees for responding to FOIA requests Administrative fees First 30 minutes of staff time No charge Staff time in excess of 30 minutes Hourly salary plus overhead rate of the lowest paid staff member capable of performing the service. Billed in 15- minute increments. Production fees—Photocopies Fees for printing the first 10 standard-sized black and white or the Waived first 5 color copies (single sided) Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") black and $0.25 per sheet (each white copies side) Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") color copies $0.50 per sheet (each side) Oversized copies (larger than 11" × 17") $30.00 per sheet (each side) Production fees—Electronically generated records Files provided via PDF (via email) No charge CD or DVD (including case) $2.00 Other electronic storage costs Material cost to generate records Other costs Other costs associated with filling the request, such as postage, are the responsibility of the requestor. If the city does not have the resources or equipment to duplicate requested records, the city, at its discretion, may arrange to have records duplicated by an outside contractor. In this instance, the requestor will be liable for payment of these costs. Fee waivers The FOIA coordinator or designee shall have the authority to determine if a fee for a FOIA request shall be waived and the following criteria shall be used to render such a decision: 1) The public record is already available in duplicate form (extra copies). 2) The request for public record is made by an individual who is entitled to information under the FOIA and who submits an affidavit, provided by the city upon request, which shall state that the individual is Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 48 of 71 146

Item 4. then receiving public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigence. A person shall be considered indigent if that person's income level is at or below the federal poverty level, as established by the Bureau of the Census. 3) No written request will be required, or charges levied for requests to review specific documents which are required by ordinance to be made available to the public by the city clerk. Payment Payment of fees related to FOIA requests will be due prior to any related service being performed. Full payment of all final costs incurred must be received prior to the retrieval and release of information. Chapter 54. Health and Sanitation Chapter 54. Health and Sanitation Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 54-4. Smoking regulations Subsec. (d) Violations; penalties; appeals Subsec. (2) Penalties Not to exceed $50.00; each day such violation continues shall constitute a separate offense. Article II. Food and Food Handlers Sec. 54-52. Fee Subsec. (a) Type of establishment Mobile food units $50.00 Push carts $25.00 For-profit temporary eating places $25.00 Membership clubs $50.00 Institutions $100.00 Subsec. (b) Services provided Breakfast service $15.00 Lunch service $18.00 Dinner service $18.00 Salad bar service $15.00 Hot and cold buffet, including salad bar service $40.00 Drive through service $75.00 Delivery service $20.00 Catering service $15.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 49 of 71 147

Item 4. Takeout service $20.00 Seating service: 100—150 $50.00 151—200 $75.00 201 or more $100.00 Article V. Rat Control Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 54-155. Compliance with notice to ratproof Unless the work and improvements have been completed by the owner in the time specified in the written notice, which in no event shall be more than 15 days, or within the time to which a written extension may have been granted by the health inspector, then the owner shall be punished by a fine of not less than $25.00, nor more than $1,000.00. Sec. 54-156. Compliance with notice to eradicate rats Unless eradication measures are undertaken within five days after receipt of the notice, the owner or occupant shall be punished by a fine of not less than $25.00, nor more than $1,000.00. Sec. 59-7. Violations and penalties. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 50 of 71 148

Item 4. Chapter 59. Juvenile Curfew Chapter 59. Juvenile Curfew Fees and Fines Subsec. (a)(1) Offenses by the parent First offense by a parent—$50.00; each subsequent offense by a parent shall be increased by an additional $20.00: e.g., $70.00 for the second offense and $90.00 for the third offense. Subsec. (a)(2) Personnel costs incurred by the City of Dover for The hourly wage and providing personnel to remain in the company of a juvenile who has cost of benefits of the been detained as a curfew violator if the parent or guardian does not city employee pick up the juvenile within one hour after receiving notice from the assigned to remain city that the city is detaining the juvenile for a curfew violation with the juvenile. Subsec. (c) Operators—Any operator who knowingly permits a $50.00 for first juvenile to remain at the establishment under circumstances not offense by an constituting an exception operator; for each subsequent offense the fine shall be increased by an additional $20.00: e.g., $70.00 for the second offense and $90.00 for the third offense Subsec. (d) False certification—Any parent convicted of knowingly $50.00 for the first providing any false authorization, information, or certification, written offense; for each or verbal, to the Dover Police Department in violation of section 59- subsequent offense 4(c) the fine shall be increased by an additional $20.00, plus costs Chapter 62. Law Enforcement Chapter 62. Law Enforcement Fees and Fines Article I. In General Fees not paid within 30 days of the day the fee was issued, including the day the fee was issued, shall be automatically doubled in amount. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 51 of 71 149

Item 4. Sec. 62-2. False alarms to police Subsec. (c)(1) Violations; penalties Number of False Alarms Amount of Fee Per False Alarm 3—5 $25.00 6—9 $50.00 10—15 $100.00 16 and over $150.00 Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Communities Chapter 66. Manufactured Homes, Mobile Homes, and Land Fees and Fines Lease Communities Sec. 66-3. Manufactured and mobile homes Subsec. (a) Required fee from homeowner $50.00 each one-time placement permit Subsec. (c) Required fee from homeowner $45.00 each license annually Subsec. (c) Violations; Penalties Not less than $100.00, nor more than $1,000.00 for each violation Sec. 66-6. Enforcement and penalties Subsec. (a)(i) Failure to obtain manufactured home license A fine of not less than $25.00 Subsec. (b)(i) Failure to fulfill maintenance requirements A fine of not less than $25.00 in addition to any charges imposed to cover cost of maintenance by the City Subsec. (b)(ii) Cost of maintenance by the city $75.00 per hour for such work that must be done to render the property in compliance with Chapter 66 Sec. 66-4, plus a 15% administrative charge Subsec. (c)(i) Failure to provide homeowner record A fine of not less than $25.00 and a Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 52 of 71 150

Item 4. penalty fee of ten percent per month shall accrue for each month the homeowner record is not provided. Subsec. (c)(ii) Failure to provide contact for residents A fine of not less than $25.00; the fine may be applied cumulatively or per violation instance Subsec. (c)(iii) Failure to provide receipt A fine of not less than $25.00; the fine may be applied cumulatively or per violation instance (Ord. No. 2016-16 , 8-8-2016; Ord. No. 2018-01 , 9-24-2018; Ord. No. 2022-08 , 10-24-2022) Chapter 70. Offenses and Miscellaneous Provisions Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines Sec. 70-1. Combative fighting Subsec. (d)(1) Violations; penalties, fines Not to exceed $1,000.00. Separate fines may be issued to the promoter of such an event, participants in such an event, and the owner of the premises of such an event Sec. 70-2. Weapons generally (e)(1) Penalties; fines Not less than $500.00, nor more than $1,000.00 Sec. 70-7. Registered sexual offenders Subsec. (f) Penalties $500.00 for any offense; each day shall constitute a separate offense Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 53 of 71 151

Item 4. Sec. 70-8. Disorderly premises Not to exceed $1,000.00 for any offense. Sec. 70-10 Violations and penalties Each day that a nuisance violation continues may be considered a new violation. If not paid, fines may be subject to a lien on property of the owner. 1st offense is at the discretion of the Code Enforcement Officer Either a warning or a $100.00 fine nd 2 offense $200.00 fine rd 3 and subsequent offenses Minimum fine of $300.00, not to exceed $1,000.00 per incident ( Ord. No. 2022-15 , 10-24-2022) Chapter 74. Parks and Recreation Chapter 74. Parks and Recreation Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 74-51. Operating any nonpermitted motorboat on Silver Lake Not to exceed $200.00, and not less than $100.00 Sec. 74-52. Same—Fine Not to exceed $100.00, and not less than $10.00 Chapter 78. Peddlers and Solicitors Chapter 78. Peddlers and Solicitors Fees and Fines Sec. 78-4. Refusing to leave premises A fine of not less than $25.00, nor more than $1,000.00 Chapter 82. Planning Chapter 82. Planning Fees and Fines Sec. 82-3. Planning services Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 54 of 71 152

Item 4. (a) Zoning verification letters/administrative interpretations $50.00 per letter/interpretation Chapter 86. Secondhand Goods Chapter 86. Secondhand Goods Fees and Fines Article II. Precious Metals Sec. 86-63. Fee $25.00 per license Sec. 86-64. Bond required Penal sum of $1,000.00 Chapter 90. Solid Waste Chapter 90. Solid Waste Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 90-16. Violations; penalties Not less than $100.00, nor more than $1,000.00 for each violation ( Ord. No. 2022-13 , 10-10-2022) Chapter 98. Streets, Sidewalks and Other Public Places Chapter 98. Streets, Sidewalks and Other Public Places Fees and Fines Article I. In General Sec. 98-5. Duty of tenants or owners to maintain sidewalks and Not in excess of landscaped areas within the street right-of-way $100.00, nor less than $5.00 for each violation Sec. 98-11. Placement of wireless communications facilities within rights-of-way (c) Use of Rights-of-Way Permit (1) Permit Fee $25.00 for ROW Permit (2) Annual Fee for Rights-of-way Use No charge for WCF placement on existing City owned wireless support structure in City ROW Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 55 of 71 153

Item 4. $220.00 for Placement of new wireless support structure/pole in City ROW $220.00 for WCF placement on a third party/non-City wireless support structure/pole in City ROW Article VI. Excavations Sec. 98-253. Bond Maximum of $5,000.00 per opening Article VII. Parades Sec. 98-303. Fee at the time of filing the application for a parade $10.00. This fee may permit be waived, in whole or in part, by the chief of police. (Ord. No. 2020-13 , 11-9-2020) Chapter 102. Taxation Chapter 102. Taxation Fees and Fines Article I. In General Sec. 102-2. Delinquent property tax collection costs Subsec. (a) Action to collect delinquent property taxes filed in a Fee of $50.00 added court of appropriate jurisdiction to amount due, plus court costs and service fees assessed by state or county offices Subsec. (b) Action proceeds and a writ of venditioni exponas Additional fee of monition or similar execution process is filed $100.00 shall be added to the amount due, plus court costs and service fees assessed by state or county offices Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 56 of 71 154

Item 4. Article III. Realty Transfer Tax Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 102-79. Violations; penalties. Any person guilty of conduct A fine of not more prohibited in section 102-78, Prohibited acts enumerated than $100.00 Chapter 106. Traffic and Vehicles Chapter 106. Traffic and Vehicles Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 106-7. Obedience to state law; violation of any provision of 21 A fine of not less Del. C. § 101 et seq. (except Sec. 106-7(1)—Handicapped parking than $25.00, nor and Sec. 106-7(2)—Fire lanes) more than $1,000.00 Subsec. (1) Handicapped parking Minimum fine, as defined in 21 Del. C. § 4183, at the time the violation occurs Subsec. (2) Fire lanes Minimum fines, as defined in 21 Del. C. § 7001(a), at the time the violation occurs Sec. 106-14. Off-road motor vehicle regulations Subsec. (d) Penalties A minimum fine of $25.00 and a maximum fine of $100.00 Sec. 106-15. Failure to stop for a red traffic signal; traffic light signal violation monitoring program; penalties Subsec. (b)(3) Traffic light signal violation monitoring program; civil or administrative assessment Failure to comply with a traffic light signal $75.00 If not paid within 14 days, an additional assessment shall be added $10.00 to the original assessment Additional assessment shall be increased if the assessment is not $20.00 paid within 45 days Additional assessment shall be increased if the assessment is not $30.00 paid within 90 days Court costs or similar administrative fees may also be assessed if Maximum $30.00 the owner requests a hearing to contest the violation, and is ultimately Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 57 of 71 155

Item 4. found to be in violation or fails to pay or contest the violation in a timely manner Sec. 106-16. Violations; except as otherwise provided Subsec. (a)(1) Moving offense Minimum of $10.00 Subsec. (a)(2) Nonmoving offense Minimum of $15.00 Subsec. (a)(3) Parking violation $20.00 for each offense, if the fine is paid within 72 hours from the date the offense is recorded in time, the fine shall be $15.00 Article II. Bicycles Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 106-55. Penalties for violation Not to exceed $100.00 and not less than $10.00 Article III. Stopping, Standing and Parking Sec. 106-135. Residential parking Subsec. (i)(1) Expiration; Two-hour parking $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Subsec. (i)(2) Expiration; change of residence, etc. $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Subsec. (m) Violations; penalties Any violation of this section not having a stated, specified penalty will result in a $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Sec. 106-137. Parking areas for persons with disabilities Subsec. (c)(3) Signage; fines Failure to achieve compliance within 30 calendar days of the issuance of the notice of violation shall be subject to the fines Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 58 of 71 156

Item 4. set forth in subsection (f) of this section Subsec. (f) Penalties Whoever violates this section shall be fined not less than the minimum fine as defined in 21 Del. C. § 4183 at the time the violation occurred Sec. 106-163. Use of meters required Subsec. (a) Failure to make the required payment in the parking $20.00 fine or $15.00 meter if paid within 72 hours of issuance of such fine Subsec. (b) Payments accepted Each $0.25 coin Permits the vehicle to be parked for a period of one hour Each $1.00 Permits the vehicle to be parked for the duration of the enforcement period of 8:00 a.m. to 5:00 p.m. Sec. 106-164 Violations; penalties Subsec. (a) Generally; each violation if paid within 24 hours from A fine of not less time summons giving notice of violation is issued than $1.00 for each violation Subsec. (a) Generally; each violation if paid after expiration of 24 $2.00 for each hours from time summons giving notice of violation is issued violation, if payment is made voluntarily prior to the time and date set forth in the summons Subsec. (a) Fourth violation; each violation if paid within one hour $1.00 for each such from time summons giving notice of violation is issued violation Subsec. (a) Fourth violation; each violation if paid after expiration $2.00 for each of one hour from time summons giving notice of violation is issued violation, if payment is made voluntarily prior to the time and date set forth in the summons Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 59 of 71 157

Item 4. Subsec. (a) Fifth violation, etc.; any person committing more than $5.00 for each such four violations within any 30-day period of the provisions of this violation, if payment division is made voluntarily prior to the time and date set forth in the summons. Subsec. (b)(4) Any person who unlawfully removes a device for $500.00 fine for each immobilization of a vehicle violation Subsec. (b)(5) Any person who tows or otherwise moves an $500.00 fine for each immobilized vehicle without authorization by the chief of police or his violation designee Subsec. (c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is voluntarily paid without the necessity of a hearing before the proper official. Chapter 110. Utilities Chapter 110. Utilities Fees and Fines Article II. Electric Service Sec. 110-32. Pole attachment fee; use of Dover Electric Department facilities If payment is not received for any fee or other amount owed within 30 calendar days after it becomes due, the licensee shall pay interest at the rate of one and one-half percent per month, on the amount due (subsec. (f)). Subsec. (4) Fees and charges Annual pole attachment fee $8.17 per attachment Wireless Communications Facility Attachment $50.00 annual fee per attachment on city- owned wireless support structure/pole Subsec. (4)(l) True up Wherever the actual cost of DED's activity exceeds the advance payment of estimated expenses, licensee agrees to pay DED for the difference in cost when that amount exceeds $50.00; To the extent that the actual cost of the activity is less than the estimated cost, DED shall Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 60 of 71 158

Item 4. refund to licensee the difference in cost where that amount exceeds $50.00 Subsec. (5) Scope of authority Subsec. (l)(i) Overlashing, unauthorized attachment penalty Three times the annual attachment fee, per occurrence Subsec. (8) Permitting, (b) Pole attachment permit application process Subsec. (i)(a) Charge for expenses related to the pre-permit survey application Less than 11 poles $50.00 application fee plus $2.00 per pole 11 poles up to and including 25 poles $90.00 application fee plus $2.00 per pole 26 poles or greater $4.00 per pole application fee Subsec. (i)(b) Charge for expenses related to the leasing of conduit Less than 100 feet $50.00 application fee plus $0.50 foot 100 feet to 251 feet $90.00 application fee plus $0.50 foot Greater than 250 feet $0.75 per foot application fee Subsec. (9) Make-ready work, (b) Payment of make-ready work DED may require payment in advance for all make-ready work based upon the estimated cost of such work if the estimate exceeds $1,000.00. Upon completion, licensee shall pay DED's actual cost of make- ready work, which shall be itemized. Subsec. (10) Transfers, (b) Billing for transfers performed by DED If DED performs the transfer(s), DED will bill licensee for actual costs per Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 61 of 71 159

Item 4. subsection (4) Fees and charges. Licensee shall reimburse DED within 30 calendar days of the receipt of the invoice. Subsec. (12) Abandonment or removal of DED facilities Subsec. (b) Option to purchase abandoned poles Rate equal to the depreciated value of said pole; if a pole that is to be purchased is older than 30 years, then the rate to be charged is set at $50.00 per pole Subsec. (16) Unauthorized occupancy or access Subsec. (a) Penalty fee Three times the annual attachment fee, per occurrence; if licensee fails to pay such fee within 30 calendar days of receiving notification thereof, DED has the right to remove such attachments at licensee's expense, unless such fee is disputed in good faith Subsec. (17) Advance payment $8.17 per attachment; plus estimated make- ready work expenses Article II. Electric Service Sec. 110-33. Charge for discontinuing or restoring electric service Subsec. (a) Maintenance and repair No charge for discontinuing or restoring electric service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 62 of 71 160

Item 4. service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of $100.00 paid prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Article III. Water Service Sec. 110-191. Water use fees generally Subsec. (b) Penalty A penalty of 1½ percent or $1.00, whichever is greater, per month shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill Sec. 110-192. Charge for discontinuing or restoring water service Subsec. (a) Maintenance and repair No charge for turning on or off any service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 63 of 71 161

Item 4. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of $100.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Sec. 110-193 Penalties for cross connection control program non- compliance Subsec. Non-compliance penalties There will be a charge of $100.00 per day to the property owner after the final warning date of non- compliance. This charge will continue on a daily basis until the property is in compliance with the cross-connection control program. Sec. 110-208. Water impact fee established; payment, credits Subsec. (c) Fee and applicability (1) Applicable building permit before February 1, 2008. A buyer No fee independent of the seller may submit a sales contract executed prior to February 1, 2008, to the city manager for consideration in lieu of a building permit issued before February 1, 2008, (1) Building permit and certificate of occupancy is issued on or $700.00 after February 1, 2008, Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 64 of 71 162

Item 4. (2) Certificate of occupancy issued after February 1, 2009, $1,400.00 (3) Certificate of occupancy is issued after February 1, 2010, $2,100.00 Article IV. Sewer Service Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 110-240. Violations Subsec. (c) Payment of cost Not less than $25.00 nor more than $1,000.00 (Ord. No. 2020-13 , 11-9-2020; Ord. No. 2022-17 , 10-24-2022) Chapter 114. Vegetation Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien Subsec. (a) Summons; action by city $50.00 per hour for such work that must be done to render the property in compliance with this article Sec. 114-34. Fines Subsec. (a) Generally In addition to charges or assessments imposed, a fine of not less than $50.00, nor more than $250.00 in accordance with minimum fine schedule in subsec. (c)(1) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 65 of 71 163

Item 4. Subsec. (c)(1) Minimums—Any fine assessed pursuant to subsection (a) of this section shall be no less than the following minimum: First offense $50.00 Second offense $100.00 Third and subsequent offenses $250.00 ( Ord. No. 2022-09 , 10-10-2022) Chapter 118. Vehicles for Hire Chapter 118. Vehicles for Hire Fees and Fines Article II. Taxicabs Sec. 118-54. Fee Taxicab operator's permit $5.00 Appendix A. Subdivisions Appendix A. Subdivisions Fees and Fines Article IV. Subdivision—Procedure Subsec. A.2. Preapplication; filing fee $200.00 Subsec. B.2. Preliminary layout; filing fee $325.00 Subsec. C.3. Plat; review fee $200.00, plus $85.00 per acre for the first ten acres, $60.00 per acre for the next ten acres and $45.00 per acre for each acre thereafter Subsec. C.3. Plat; review fee—Minor lot line adjustment Plats for minor lot line adjustments shall require a review fee of $150.00 Subsec. C.3. Plat; review fee—Minor subdivision Plats for minor subdivisions shall require a review fee of $150.00 plus $15.00 per lot Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 66 of 71 164

Item 4. Appendix B. Zoning Appendix B. Zoning Fees and Fines Article 3. District Regulations Sec. 18. Recreational and commercial zone (RC) Subsec. 18.1. Uses permitted (k)(3) Temporary activity fee Less than 5 acres $50.00 5—25 acres $100.00 26—100 acres $250.00 100+ acres $500.00 (l)(2) Temporary camping permit fee Less than 5 acres $50.00 5—25 acres $100.00 26—100 acres $250.00 100+ acres $500.00 Sec. 24. Planned Neighborhood Design option (PND) Subsec. 24.2. Review process—General sketch plan review fee, $100.00 each application Subsec. 24.8. Conditional use plan approval Subsec. 24.81. Plan approval fee, each application $200.00, plus $10.00 per acre Subsec. 24.9. Site development preliminary subdivision plan review Subsec. 24.91. Preliminary plan approval fee; each application $325.00, plus $20.00 per acre Subsec. 24.10. Final subdivision plat approval Subsec. 24.101. Final subdivision plat approval; each application $250.00 Sec. 28. Traditional Neighborhood Design Zone (TND) Subsec. 28.4. Procedure; application for rezoning of a land area to a TND zone Subsec. 28.411. Minimum fee; each rezoning petition $325.00 Subsec. 28.422. Implementation plan approval; each application $325.00, plus $10.00 per acre Subsec. 28.434. Site development plan or subdivision plat; each $250.00 application Article 5. Supplementary Regulations Section 4. Supplementary sign regulations Subsec. 4.8. Unified campuses and complexes Subsec. D.4. Submission requirements; application fee $200.00, due at time of application Subsec. 4.9. Supplementary sign provisions Subsec. D.1. Temporary signs; permit $50.00 Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 67 of 71 165

Item 4. Section 23. Wireless Communications Facilities Subsec. 23.5. Application Procedures 23.51 Location within Public Right-of-way (f) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.53 Eligible Facilities Request (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.54 Substantial Change Activity (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.55 New Facilities (a) Conditional use authorization required. $425.00, plus $25.00 per acre of the area or multiple thereof involved in the Conditional Use Permit application (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 68 of 71 166

Item 4. $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.56 New Small WCF (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs Article 6. Off-Street Parking, Driveways and Loading Facilities Sec. 5. Supplementary regulations for parking and loading facilities Subsec. 5.5. Parking for motorsports racing Subsec. 5.52. Recreational vehicle parking 1—5 Recreational vehicles No fee 6—25 Recreational vehicles $25.00 26—50 Recreational vehicles $50.00 51—100 Recreational vehicles $100.00 >100 Recreational vehicles $150.00 Article 8. Enforcement and Penalties Sec. 2. Certificates of occupancy Subsec 2.4. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee: Certificate of occupancy for one-family residential uses $60.00 Temporary certificate of occupancy for one-family residential uses $75.00 for a maximum of 45 days. Fee applies for any extensions beyond 45 days Certificate of occupancy for uses other than one-family residential $75.00 for the first uses 20,000 square feet of building area, plus the sum of $15.00 for each additional 10,000 square feet of building area in excess of the first 20,000 square feet or multiple thereof Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 69 of 71 167

Item 4. Temporary certificate of occupancy for uses other than one-family $100.00 for a residential uses maximum of 45 days. Fee applies for any extensions beyond 45 days Article 9. Board of Adjustment Sec. 3. Procedure Subsec. 3.4. All variance requests and appeals from an order, requirement, decision or determination made by an administrative official, board or agency of the city shall be accompanied by a fee All variance requests for residential uses $300.00 All variance requests for nonresidential uses $600.00 All appeals from an order, requirement, decision or determination $300.00 made by an administrative official, board or agency of the city The board of adjustment may, in its discretion, return to the applicant part or all of the fee paid by him in the event that his appeal under section 2.1 (interpretation) hereof is partially or wholly successful. The fees filed in connection with applications under section 2.2 (variances) shall not be returnable, regardless of disposition of the case by the board Article 10. Planning Commission Sec. 1. Approval of conditional uses Subsec. 1.52. Application procedure; conditional use permit; each $425.00, plus $25.00 application per acre of the area or multiple thereof involved in the application Sec. 2. Site development plan approval Subsec. 2.42. Fees—Application for administrative site plans $300.00 Subsec. 2.43. Fees—Application for site development plan $425.00 plus $25 per approval acre Sec. 3. Historic district commission and architectural review Subsec. 3.26. Procedures for an architectural review by the historic district commission or planning commission Subsec. (b) Application and fee for an architectural review $250.00 certificate Sec. 5. Amendments Subsec. 5.32. Application. Each application for a zoning map amendment: Minimum fee, in addition to required district supplemental fee $425.00 One-family residence zones (R-8, R-10, R-15, and R-20); $25.00 per acre supplemental fee Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 70 of 71 168

Item 4. General residence zones, Medium density residence zones, and $50.00 per acre Mobile home park zones (RG-0, RG-1, RG-2, RG-3, RG-5, RM-1, RM-2, and MHP); supplemental fee Commercial and office (C-1, C-1A, C-2, C-2A, C-3, C-4, CPO, $70.00 per acre RC and IO); supplemental fee Shopping center development (SC-1, SC-2 and SC-3); $75.00 per acre supplemental fee Industrial zones (M, IPM, and IPM2); supplemental fee $75.00 per acre ADOPTED: * SYNOPSIS This proposed amendment to this chapter removes language that requires the doubling of fines. The amendments also add transparency to the fine scheduled. (SPONSORS: ANDERSON and HUGG) Action History 05/14/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration Committee Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 71 of 71 169

ACTION FORM Item 5. PROCEEDING: Council Committee of the Whole- Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: May 6th, 2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Amendments to Dover Code of Ordinance REFERENCE: Proposed Ordinance #2024-17 – Amending Chapter 90- Solid Waste RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approve text amendments in Proposed Ordinance #2024-17. BACKGROUND AND ANALYSIS Proposed amendments to this chapter remove language that requires the doubling of fines. 170

Item 5. PROPOSED ORDINANCE #2024-17 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 90 – Solid Waste, Section 90-16 – Violations; penalties, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: Sec. 90-16. Violations; penalties. Any person convicted of violating any provision of this chapter shall be fined in an amount as provided for in Appendix F—Fees and Fines, and if the violation amounts to an unlawful deposit of rubbish, refuse or other offensive matter in the corporate limits of the city, he shall be directed to remove the same, and in the event of his failure to do so, the offensive matter shall be removed by the city at the expense of the violator. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Code 1981, § 8-15; Ord. of 8-23-1982; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009; Ord. No. 2019-10 , 5-13-2019) Editor's note(s)—See editor's note, § 90-13. ADOPTED: * SYNOPSIS This proposed amendment to this chapter removes language that requires the doubling of fines. (SPONSORS: ANDERSON and HUGG) Action History 05/14/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration Committee Created: 2024-01-29 16:25:20 [EST] (Supp. No. 39) Page 1 of 1 171

ACTION FORM Item 6. PROCEEDING: Council Committee of the Whole- Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: May 6th, 2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Amendments to Dover Code of Ordinance REFERENCE: Proposed Ordinance #2024-18 – Amending Chapter 114- Vegetation RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approve text amendments in Proposed Ordinance #2024-18. BACKGROUND AND ANALYSIS Proposed amendments to this chapter remove language that requires the doubling of fines. 172

Item 6. PROPOSED ORDINANCE #2024-18 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 114 – Vegetation, Article II – Weeds, Section 114-34. - Fines, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: Sec. 114-34. Fines. (a) Generally. Any person convicted of a violation of section 114-32, regardless of corrective actions taken, shall be punished for that violation by a fine as provided for in Appendix F— Fees and Fines. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to section 114-33(c). All fines imposed shall be in accordance with the minimum fine schedule set out in subsection (c) herein. (b) Each day. Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. (c) Minimums. (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than the minimum amount as provided for in Appendix F—Fees and Fines. (2) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. (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(d). (e) When not paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (f) (e) Fine exemption. Any fine pursuant to subsection (a) of this section can be exempted if the person convicted of a violation of section 114-32 is hospitalized or otherwise has a serious Created: 2024-01-29 16:25:26 [EST] (Supp. No. 39) Page 1 of 2 173

Item 6. medical condition during the time of the conviction that would prohibit the grass from being cut. (1) In order to be considered for the exemption, documentation in the form of a doctor’s note or documentation from an authorized or certified medical provider, shall be submitted to the code enforcement office within 14 days of the receipt of the citation. (2) The code enforcement officer, fire marshal, or their authorized agents shall review the documentation per subsection (1) above and either grant or deny the fine exemption in writing. A denial letter must include the reasons for denial. (3) Should the fine exemption be denied, then the person convicted of the violation has 30 days to appeal in writing to the city council through the city clerk’s office. The city clerk’s office shall put this item on the first available council agenda. ADOPTED: * SYNOPSIS This proposed amendment to this chapter removes language that requires the doubling of fines. (SPONSORS: ANDERSON and HUGG) Action History 05/14/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration Committee Created: 2024-01-29 16:25:26 [EST] (Supp. No. 39) Page 2 of 2 174

ACTION FORM Item 7. PROCEEDING: Council Committee of the Whole- Legislative, Finance, and Administration Committee DEPARTMENT OF ORIGIN: Planning and Inspections DATE SUBMITTED: May 6th, 2024 PREPARED BY: Eddie Kopp- Chief Code Enforcement Officer SUBJECT: Amendments to Dover Code of Ordinance REFERENCE: Proposed Ordinance #2024-19 – Amending Appendix F- Fees and Fines RELATED PROJECT: N/A REVIEWED BY: David S. Hugg III, City Manager EXHIBITS: EXPENDITURE REQUIRED: n/a AMOUNT BUDGETED: n/a FUNDING SOURCE (Dept./Page in CIP & Budget): n/a TIMETABLE: STAFF RECOMMENDATION: Approve text amendments in Proposed Ordinance #2024-19. BACKGROUND AND ANALYSIS Proposed amendments to this chapter remove language that requires the doubling of fines. A fee schedule is established for all fines that are issued by the Division of Code Enforcement or the Fire Marshal’s Office. Proposed is also the requirement that all fees and fines are due within 30 days, currently 14. Finally, the proposals would require any unpaid fee or fines to be assessed as a municipal lien against the property and places on the tax duplicate. The proposals are intended to provide greater transparency to the citizens in regard to the penalties. 175

Item 7. PROPOSED ORDINANCE #2024-19 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 22 - Buildings and Building Regulations, be amended by inserting the text indicated in bold, blue, italics and deleting the text indicated in red strikeout as follows: Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this code or any ordinance shall constitute a separate offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Appendix F – Generally: 1. Unless otherwise specified in the ordinance all fines are to be paid within 30 days from the date of issue. 2. Unpaid fines and fees as a debt. The amount of any unpaid fines and fees, the payment of which is required pursuant to this chapter, shall constitute a debt due the city. 3. Failure to pay fines and fees. In the event that the owner of record is deemed to be in violation of any code or ordinance adopted by the city, and if the charges assessed by the city for said deficiency are not paid. 4. The city, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property, and add the charges and expenses as specified 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. 5. In addition to the methods directed herein, the city solicitor shall be directed to enforce said lien or to collect the charges imposed by the city by any other means that he may deem desirable and most advantageous to the city. 6. The property owner shall be responsible for all collection costs and expenses, including attorneys' fees. Subpart B. Related Laws SUBPART B—RELATED LAWS Fees and Fines Sec. 2. Licenses Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 1 of 45 176

Item 7. Subsec. (c) Fines—Operating a business without a license Not in excess of $100.00 Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 CODE OF ORDINANCES Chapter 1. General Provisions Chapter 1. General Provisions Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 1-17. General penalty; separate offenses; unpaid fines Not less than $25.00, nor more than $1,000.00 Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 Chapter 10. Alcoholic Beverages Chapter 10. Alcoholic Beverages Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 10-1. Consumption or possession Subsec. (c) Underage persons $100.00 Chapter 18. Animals Chapter 18. Animals Fees and Fines Mandatory and nonsuspendable fine of at least the minimum fine for each offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 2 of 45 177

Item 7. Sec. 18-3. Keeping swine; for each violation Not less than $25.00 or more than $100.00 Sec. 18-4. Running at-large; for each violation Not less than $25.00 or more than $100.00 Sec. 18-5. Dog licenses required; for each violation First offense—Not less than $50.00 or more than $500.00. Second and subsequent offenses occurring within 12 months of prior offense—not less than $100.00 and not more than $500.00. The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license fee is a violation. Sec. 18-6. Noisy animals or fowl Subsec. (b) Notice; abatement; fine Not less than $50.00 or more than $100.00 shall be subject to a fine until such nuisance is abated Sec. 18-7. Hitching to public trees; for each violation Not less than $10.00 or more than $100.00 Sec. 18-8. Excrement Subsec. (g) Violations; penalties Not less than $25.00 or more than $1,000.00 Sec. 18-9. Vicious dogs and animals—Generally Subsec. (f) Violations; penalties; for each violation $100.00 Sec. 18-12. Cruelty Subsec. (6) Violations; penalties; for each violation $100.00 Sec. 18-13. Public nuisances Subsec. (d) Violations; penalties; for each violation Not less than $25.00 or more than $100.00 Sec. 18-16. Keeping bees Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 3 of 45 178

Item 7. Subsec. (m) Violations; penalties, for each violation Not less than $25.00 or more than $100.00 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration: Additional 180-day extensions may be $25.00 per 180-day granted with payment of a renewal fee extension Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than shall be deemed a separate offense $100.00 or more than $10,000.00 Sec. 114.3. Unlawful continuance First offense $100.00 Second offense $250.00 Third offense $500.00 Fourth and subsequent offenses No less than $1,000.00 and no more than $10,000.00 Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 4 of 45 179

Item 7. thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if demolished for the purpose of vacating the land for future condemned and development or construction upon the same required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of to doubling) plans Subsec. (b) Reinspection’s (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Subsec. (d) Fines $0.00 Initial Inspection or notification with non-compliance $0.00 Second Inspection or notification with non-compliance $100.00 Third Inspection or notification with non-compliance $200.00 Fourth Inspection or notification with non-compliance $300.00 Fifth Inspection or notification with non-compliance $500.00 Any subsequent Inspection or notification with non-compliance $1000.00 Article IV. Electrical Installations Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 5 of 45 180

Item 7. Sec. 22-110. Violations Not less than $25.00 or more than $1,000.00 Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 Article V. Mechanical Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Greg OK? Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiples thereof Subsec (c) Fines Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 Article VI. Plumbing Code Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 6 of 45 181

Item 7. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Greg OK? Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 Gas, water, and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Subsec (c) Fines Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 Article VII. Property Maintenance Code Sec. 22-225. Violations Subsec. (f) Life Safety Violations PM 304.18.1 Access doors $100.00 per offense PM 404.4.4 Prohibited occupancy $100.00 per offense PM 404.5 Overcrowding $100.00 per offense PM 505.4 Water heating facilities $100.00 per offense PM 602.3 Heat supply $100.00 per offense PM 603.2 Removal of combustion products $100.00 per offense PM 701.2 Responsibility $100.00 per offense PM 702.3 Locked doors $100.00 per offense PM 704.2 Smoke Detector $150.00 per offense Subsec. (g) Failure to Schedule Initial notification $0.00 Failure to schedule reinspection first offense $100.00 Failure to schedule reinspection second offense $200.00 Failure to schedule reinspection third offense $300.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 7 of 45 182

Item 7. Failure to schedule reinspection forth offense $500.00 Any subsequent offense of failure to schedule reinspection $1000.00 Subsec. (h) Non-compliance Initial Inspection $0.00 Second inspection with non-compliance $100.00 Third inspection with non-compliance $200.00 Forth inspection with non-compliance $300.00 Fifth inspection with non-compliance $500.00 Any subsequent inspection with non-compliance $1000.00 Article VIII. Leases Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $100.00 Second offense $200.00 Third offense $300.00 Forth offense $500.00 Each subsequent offense Not less than $100.00 or more than $1,000.00 Article IX. Lodging Houses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $100.00 for the first ten rooms and $10.00 for each additional room. Annual dormitory permit fee $100.00 for the first ten rooms and $10.00 for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 8 of 45 183

Item 7. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332. Inspection required Subsec. (a) Failure to schedule inspection 1st offense $100.00 nd Subsec. (a) Failure to schedule inspection 2 offense $200.00 rd Subsec. (a) Failure to schedule inspection 3 offense $300.00 Subsec. (a) Failure to schedule inspection 4th offense $500.00 th Subsec. (a) Failure to schedule inspection 5 offense and each $1000.00 subsequent offense Subsec. (b) No show of owner or property manager 1st offense $100.00 Subsec. (b) No show of owner or property manager 2 offense nd $200.00 Subsec. (b) No show of owner or property manager 3 offense rd $300.00 Subsec. (b) No show of owner or property manager 4th offense $500.00 Subsec. (b) No show of owner or property manager 5 offense th $1000.00 and each subsequent offense Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection, per inspection $100.00 If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $200.00 Single-family attached dwelling, each dwelling $200.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling units $200.00 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $200.00 For each additional dwelling unit in excess of three $50.00 Condominium units and accessory apartments located within $75.00 structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Subsec. (g) Failure to register and obtain Rental Dwelling Permit Initial notification $0.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 9 of 45 184

Item 7. Second notification $100.00 Third notification $200.00 Fourth notification $300.00 Fifth notification $500.00 Any subsequent notification $1000.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short term rental license $200.00 annually, prorated for partial year Subsec. (b) Failure to register and obtain a license permit Not less than $100.00 or less than $1,000.00 (not prorated) in addition to license Initial notification $0.00 Second notification $100.00 Third notification $200.00 Fourth notification $300.00 Fifth notification $500.00 Any subsequent notification $1000.00 Subsec. (c) Penalties for violations Not less than $100.00 or less than $1,000.00 per offense First offense $100.00 Second offense $200.00 Third offense $300.00 Forth offense $500.00 Any subsequent offense $1000.00 First offense $100.00 Article XI. Dangerous Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense, minimum $100.00 Initial inspection $0.00 Second inspection with non-compliance $100.00 Third inspection with non-compliance $200.00 Forth inspection with non-compliance $300.00 Fifth inspection with non-compliance $500.00 Any subsequent inspection with non-compliance $1000.00 Subsec. (b) Violations by occupant or lessee, each offense, $100.00 minimum First offense $100.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 10 of 45 185

Item 7. Second offense $200.00 Third offense $300.00 Forth offense $500.00 Any subsequent offense $1000.00 Subsec. (c) Removal of notice, each offense, minimum $100.00 First offense $100.00 Second offense $200.00 Third offense $300.00 Forth offense $500.00 Any subsequent offense $1000.00 Article XII. Vacant Buildings Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than two years $750.00 Buildings vacant for more than two years but less than three $1,500.00 years Buildings vacant for more than three years but less than five $3,000.00 years Buildings vacant for five years or longer $5,000.00 (Ord. No. 2020-05 , 1-11-2021; Ord. No. 2022-14 , 11-28-2022) Chapter 26. Businesses Chapter 26. Businesses Fees and Fines Article II. Licenses Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-35. License required; fees Subsec. (d)(1) Businesses licensed Advertising agency $95.00 Amusement operator $157.00 Architect $250.00 Attorney-at-law $313.00 ATM machines (third-party or off bank premises) $50.50 Auctioneer $157.00 Automobile race operator $375.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 11 of 45 186

Item 7. Bank, or loan and trust company $313.00 Barber $63.00 each additional chair over two $4.00 Beautician $63.00 each additional chair over two $4.00 Broadcasting station $313.00 Broker $157.00 Car wash $188.00 Certified public accountant $250.00 Cesspool cleaner $125.00 Chiropractor $313.00 Clinical social worker $96.00 Coin-operated amusement machine owner, per machine $3.00 Coin-operated vending machine owner, per machine $3.00 Coin-operated electronic video machine, per machine $125.00 Commercial sign business $125.00 Computer-related services $125.00 Consultant $50.50 Day care operator: Center or home provider with greater than six children $50.50 Dentist $313.00 Distributor $63.00 Dray person or mover $125.00 Eating establishment and/or eating establishment operator $125.00 Employment agency $125.00 Entertainer: One—three entertainers per group $50.50 Four—nine entertainers per group $95.00 Ten or more $125.00 Entertainment agent $188.00 Finance or small loan agency $250.00 Fitness trainer $69.00 Funeral director $250.00 Gaming position $155.00 Gas, light, power, cable TV and telephone company $938.00 General repairman $63.00 Health spa or health club $188.00 Home day care operator $25.50 Hotel: Per room $9.50 Per suite $12.50 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 12 of 45 187

Item 7. Income tax consultant $188.00 Incorporator $125.00 Insurance adjustor office $125.00 Itinerant merchant, per event $100.00 Janitorial and cleaning service: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Land lease community operator, per home site within community $25.00 Landscape service company: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Laundry service operator: Primary facility $125.00 Additional drop-off locations $50.50 Linen supplier $125.00 Manicurist $32.00 Manufacturer's agent or representative $125.00 Mercantile agency or collection agency $125.00 Motel, per room $7.00 Motion picture theater $188.00 Motor vehicle serviceman $95.00 Nursing, rest or convalescent home $188.00 Open market operator: First 20 spaces, per rented space $22.50 21st—50th space, per rented space $11.50 Each space over 50, per rented space $6.00 Outdoor tables, per table $6.00 Optometrist $313.00 Pawnbroker $188.00 Pest control services $95.00 Pharmacist $188.00 Photographer $125.00 Physical therapist $188.00 Physician and/or surgeon $313.00 Plant nursery and florist $95.00 Podiatrist $313.00 Pool table operator, per table $63.00/ Maximum fee $189.00 Printer $125.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 13 of 45 188

Item 7. Private investigator agency $188.00 Professional counselor $63.00 Professional engineer $250.00 Professional land surveyor $250.00 Psychologist $313.00 Public accountant $188.00 Public stenographer $38.00 Publisher $313.00 Real estate broker, appraiser, and manager $157.00 Real estate development corporation $344.00 Real estate property manager: One—three units managed $50.50 Four—ten units managed $125.00 Ten + units managed $125.00 Real estate salesperson or associated broker $50.50 Rental service $125.00 Sales representative $50.50 School and educational service (nonvocational) $63.00 School and educational service (vocational) $125.00 Scientific laboratory $250.00 Scrap and waste material service $125.00 Secondhand dealer of precious metals $125.00 Security service $188.00 Self-service laundry or dry cleaner $125.00 Shoe repairman $50.50 Sound truck, per hour $33.00 Tailor and garment service $50.50 Taxicab or bus operator: First vehicle $26.00 Each additional vehicle $26.00 Tourist home, per room $7.00 Travel agency $125.00 Veterinarian $313.00 Warehouseman $250.00 Wholesale news agency $63.00 All other businesses not listed: One—three employees $50.50 Four—nine employees $95.00 Ten—50 employees $125.00 51—100 employees $313.00 Subsec. (d)(2) Manufacturers/contractors rate $0.00046 of aggregate gross Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 14 of 45 189

Item 7. receipts/ Minimum fee $125.00 Subsec. (d)(3) Merchants/bottlers rate $0.00046 of aggregate gross purchases for resale/ Minimum fee $63.00 Subsec. (d)(4) Sports betting and horse racing (Simulcast) rate of $0.00046 of the aggregate gross receipts (defined as commission) for each activity/ Minimum license fee $125.00 Sec. 26-42. Penalty for late payment of license fee A penalty fee in the amount of ten percent per month of the amount of the licensee fee until the same is paid Article III. Going-Out-of-Business Sales; Fire Sales Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 26-108. Violations; penalties Not less than $25.00, nor more than $1,000.00 Sec. 26-137. Fees $25.00; renewal fee $25.00 (Ord. No. 2016-16 , 8-8-2016) Chapter 30. Standards of Ethical Conduct and Ethics Commission Chapter 30. Standards of Ethical Conduct and Ethics Fees and Fines Commission Article II. Standards of Ethical Conduct Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 30-20. Prohibitions relating to conflicts of interest Subsec. (i)(1) Criminal sanctions, penalties Not to exceed $1,000.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 15 of 45 190

Item 7. (Ord. No. 2017-14 , 12-11-2017) Chapter 38. Emergencies Chapter 38. Emergencies Fees and Fines Article II. Civil Emergencies Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 38-84. Violations; penalties Not less than $25.00, nor more than $1,000.00 Chapter 42. Environment Chapter 42. Environment Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 42-2. Noise Subsec. (d) Violations; penalties Not less than $50.00 nor more than $100.00 Chapter 46. Fire Prevention and Protection Chapter 46. Fire Prevention and Protection Fees and Fines Article I. In General Sec. 46-1. Means of egress Subsec. (f) Penalties Any exit access, exit, or exit discharge, with the exception of a $100.00 first offense locked exit door, found to be in violation of this section $200.00 second or subsequent offense Any required exit door found to be locked against egress $100.00 each locked exit first offense, $200.00 subsequent offense Sec. 46-3. Impairment of fire protection equipment Subsec. (f) Fines $100.00 per device, first offense; $200.00 per device, second and subsequent offenses Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 16 of 45 191

Item 7. Sec. 46-7. Preventable and malfunctioning alarms to the fire company Subsec. (a)(1) Responsibility for malfunctioning and preventable Should the person alarms, owner response, and corrective action; generally notified fail to appear at said premises within 30 minutes after being notified to do so, the city may charge the owner of the premises a fine of $100.00 Subsec. (a)(2) Responsibility for malfunctioning and preventable Failure to return alarms, owner response, and corrective action; malfunction documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine of $100.00 for the fire alarm malfunction Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or preventable alarms; amount of fine Number of preventable or malfunctioning fire alarms Fine per preventable or malfunctioning fire alarm Third alarm $100.00 Fourth alarm $200.00 Fifth alarm $250.00 All over fifth alarm, each alarm $250.00 Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions or A $50.00 fine may be preventable alarms; panel reset assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. $100.00 for second and subsequent offenses Sec. 46-8. Maintaining a known violation or hazard Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 17 of 45 192

Item 7. Subsec. (c)(1) Penalties; Any fines issued for violation of this Not less than $25.00, section nor more than $1,000.00 Minor deficiency $500.00 Major deficiency $1000.00 Article II. Fire Department Sec. 46-44 Failure to answer alarms, orders and perform duties Fine of not less than orderly; Penalties $25.00, nor more than $1,000.00 or by suspension from the fire department or both Article III. Fire Codes Fees established in subsection (b) of this section shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Sec. 46-126. Fire prevention permit Subsec. (b) Fee; each applicant $25.00 for each $1,000.00 of costs or multiple thereof of the fire protection system; provided that a minimum fee for each permit shall be $150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $100.00 Third reinspection $200.00 Any subsequent reinspection $250.00 Subsec. (d) Fire signaling system inspection fee Certificate of inspection $25.00 each fire alarm system Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire less buildings per complex alarm system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five buildings per complex alarm system up to a maximum of 20 buildings. Maximum fee per complex not Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 18 of 45 193

Item 7. to exceed $300.00 for fire alarm systems Subsec. (e) Fire suppression system inspection fee Certificate of inspection $25.00 each fire suppression system Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire less buildings per complex suppression system Exception: Apartment or other multifamily dwelling—More than $15.00 each fire five buildings per complex suppression system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire suppression systems Sec. 46-127 Smoke detection devices Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Subsec. (g) Violations; penalties Revocation of any existing license to do business in the city, or a fine of not more than $150.00 per violation, or both such penalties Article IV. Public Occupancies Sec. 46-164. Fees Assembly No charge for an occupant load less than 75; $100.00 for an occupant load of 75 or greater Assembly—Fixed Seating $100.00 for first 200 seats and $10.00 each additional 50 seats Educational $100.00 Day Care $50.00 for Day Cares as defined by Appendix B - Zoning, Article 5, Sections 14.22, 14.23 and 22.1; $100.00 for other day cares Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 19 of 45 194

Item 7. Health Care $100.00 first 25 rooms and $5.00 for each additional room Ambulatory Health Care $100.00 Residential $100.00 per building Residential Board and Care $100.00 Mercantile over 10,000 sq. ft. $100.00 Business over 10,000 sq. ft. $100.00 Industrial $100.00 Storage over 10,000 sq. ft. $100.00 Assembly special provisions 1 $25.00 Assembly special provisions 2 $100.00 Sec. 46-168. Reinspection fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation and which requires a follow up inspection to confirm the correction of the violation Subsec. (b) Fee attached A fee may be attached to any summons written for any violation found to be uncorrected upon reinspection Article V. Fire Lanes Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 46-202. Violations; penalties Subsec. (c) Other obstructions Any property owner or tenant found to be in violation; $50.00 Subsec. (d) Failure to mark Any property owner found to be in violation; $50.00 Sec. 46-205. Responsibility of owner or tenant Any property owner found to be in violation; $50.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 20 of 45 195

Item 7. Chapter 50. Floods Chapter 50. Floods Fees and Fines Article II. Administration Sec. 50-22. Permits required Permit $50.00 Permit extension $25.00 Violation and non-compliance penalties Not less than $25.00 nor more than $100.00, plus cost of prosecution Chapter 52. Freedom of Information Act Related to Public Records Access Chapter 52. Freedom of Information Act Related to Public Fees and Fines Records Access Sec. 52-3. Fees for responding to FOIA requests Administrative fees First 30 minutes of staff time No charge Staff time in excess of 30 minutes Hourly salary plus overhead rate of the lowest paid staff member capable of performing the service. Billed in 15- minute increments. Production fees—Photocopies Fees for printing the first 10 standard-sized black and white or the Waived first 5 color copies (single sided) Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") black and $0.25 per sheet (each white copies side) Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") color copies $0.50 per sheet (each side) Oversized copies (larger than 11" × 17") $30.00 per sheet (each side) Production fees—Electronically generated records Files provided via PDF (via email) No charge CD or DVD (including case) $2.00 Other electronic storage costs Material cost to generate records Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 21 of 45 196

Item 7. Other costs Other costs associated with filling the request, such as postage, are the responsibility of the requestor. If the city does not have the resources or equipment to duplicate requested records, the city, at its discretion, may arrange to have records duplicated by an outside contractor. In this instance, the requestor will be liable for payment of these costs. Fee waivers The FOIA coordinator or designee shall have the authority to determine if a fee for a FOIA request shall be waived and the following criteria shall be used to render such a decision: 1) The public record is already available in duplicate form (extra copies). 2) The request for public record is made by an individual who is entitled to information under the FOIA and who submits an affidavit, provided by the city upon request, which shall state that the individual is then receiving public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigence. A person shall be considered indigent if that person's income level is at or below the federal poverty level, as established by the Bureau of the Census. 3) No written request will be required or charges levied for requests to review specific documents which are required by ordinance to be made available to the public by the city clerk. Payment Payment of fees related to FOIA requests will be due prior to any related service being performed. Full payment of all final costs incurred must be received prior to the retrieval and release of information. Chapter 54. Health and Sanitation Chapter 54. Health and Sanitation Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 54-4. Smoking regulations Subsec. (d) Violations; penalties; appeals Subsec. (2) Penalties Not to exceed $50.00; each day such violation continues shall constitute a separate offense. Article II. Food and Food Handlers Sec. 54-52. Fee Subsec. (a) Type of establishment Mobile food units $50.00 Push carts $25.00 For-profit temporary eating places $25.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 22 of 45 197

Item 7. Membership clubs $50.00 Institutions $100.00 Subsec. (b) Services provided Breakfast service $15.00 Lunch service $18.00 Dinner service $18.00 Salad bar service $15.00 Hot and cold buffet, including salad bar service $40.00 Drive through service $75.00 Delivery service $20.00 Catering service $15.00 Takeout service $20.00 Seating service: 100—150 $50.00 151—200 $75.00 201 or more $100.00 Article V. Rat Control Unless specifically provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance shall continue shall constitute a separate offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 54-155. Compliance with notice to ratproof Unless the work and improvements have been completed by the owner in the time specified in the written notice, which in no event shall be more than 15 days, or within the time to which a written extension may have been granted by the health inspector, then the owner shall be punished by a fine of not less than $25.00, nor more than $1,000.00. Sec. 54-156. Compliance with notice to eradicate rats Unless eradication measures are undertaken within five days after receipt Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 23 of 45 198

Item 7. of the notice, the owner or occupant shall be punished by a fine of not less than $25.00, nor more than $1,000.00. Sec. 59-7. Violations and penalties. Chapter 59. Juvenile Curfew Chapter 59. Juvenile Curfew Fees and Fines Subsec. (a)(1) Offenses by the parent First offense by a parent—$50.00; each subsequent offense by a parent shall be increased by an additional $20.00: e.g., $70.00 for the second offense and $90.00 for the third offense. Subsec. (a)(2) Personnel costs incurred by the City of Dover for The hourly wage and providing personnel to remain in the company of a juvenile who has cost of benefits of the been detained as a curfew violator if the parent or guardian does not city employee pick up the juvenile within one hour after receiving notice from the assigned to remain city that the city is detaining the juvenile for a curfew violation with the juvenile. Subsec. (c) Operators—Any operator who knowingly permits a $50.00 for first juvenile to remain at the establishment under circumstances not offense by an constituting an exception operator; for each subsequent offense the fine shall be increased by an additional $20.00: e.g., $70.00 for the second offense and $90.00 for the third offense Subsec. (d) False certification—Any parent convicted of knowingly $50.00 for the first providing any false authorization, information or certification, written offense; for each or verbal, to the Dover Police Department in violation of section 59- subsequent offense 4(c) the fine shall be increased by an Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 24 of 45 199

Item 7. additional $20.00, plus costs Chapter 62. Law Enforcement Chapter 62. Law Enforcement Fees and Fines Article I. In General Fees not paid within 30 days of the day the fee was issued, including the day the fee was issued, shall be automatically doubled in amount. Sec. 62-2. False alarms to police Subsec. (c)(1) Violations; penalties Number of False Alarms Amount of Fee Per False Alarm 3—5 $25.00 6—9 $50.00 10—15 $100.00 16 and over $150.00 Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Communities Chapter 66. Manufactured Homes, Mobile Homes, and Land Fees and Fines Lease Communities Sec. 66-3. Manufactured and mobile homes Subsec. (a) Required fee from homeowner $50.00 each one-time placement permit Subsec. (c) Required fee from homeowner $45.00 each license annually Subsec. (c) Violations; Penalties Not less than $100.00, nor more than $1,000.00 for each violation Sec. 66-6. Enforcement and penalties Subsec. (a)(i)(1) Failure to obtain manufactured home license A fine of not less than $25.00 Initial notification $0.00 Second notification $100.00 Third notification $200.00 Fourth notification $300.00 Fifth notification $500.00 Any subsequent notification $1000.00 Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 25 of 45 200

Item 7. Subsec. (b)(i)(1) Failure to fulfill maintenance requirements A fine of not less than $25.00 in addition to any charges imposed to cover cost of maintenance by the City Initial inspection $0.00 Second inspection with non-compliance $100.00 Third inspection with non-compliance $200.00 Forth inspection with non-compliance $300.00 Fifth inspection with non-compliance $500.00 Any subsequent inspection with non-compliance $1000.00 Subsec. (b)(ii)(2) Cost of maintenance by the city $75.00 per hour for such work that must be done to render the property in compliance with Chapter 66 Sec. 66-4, plus a 15% administrative charge Subsec. (c)(i) (1)Failure to provide homeowner record A fine of not less than $25.00 and a penalty fee of ten percent per month shall accrue for each month the homeowner record is not provided. Subsec. (c)(ii) Failure to provide contact for residents A fine of not less than $25.00; the fine may be applied cumulatively or per violation instance Subsec. (c)(iii) Failure to provide receipt A fine of not less than $25.00; the fine may be applied cumulatively or per violation instance (Ord. No. 2016-16 , 8-8-2016; Ord. No. 2018-01 , 9-24-2018; Ord. No. 2022-08 , 10-24-2022) Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 26 of 45 201

Item 7. Chapter 70. Offenses and Miscellaneous Provisions Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines Sec. 70-1. Combative fighting Subsec. (d)(1) Violations; penalties, fines Not to exceed $1,000.00. Separate fines may be issued to the promoter of such an event, participants in such an event, and the owner of the premises of such an event Sec. 70-2. Weapons generally (e)(1) Penalties; fines Not less than $500.00, nor more than $1,000.00 Sec. 70-7. Registered sexual offenders Subsec. (f) Penalties $500.00 for any offense; each day shall constitute a separate offense Sec. 70-8. Disorderly premises Not to exceed $1,000.00 for any offense. Sec. 70-10 Violations and penalties Each day that a nuisance violation continues may be considered a new violation. If not paid, fines may be subject to a lien on property of the owner. 1st offense is at the discretion of the Code Enforcement Officer Either a warning or a $100.00 fine $100.00 fine 2nd offense $200.00 fine $250.00 rd 3 offense and subsequent offenses Minimum fine of $300.00, not to exceed $1,000.00 per incident $500.00 All subsequent offenses $1000.00 ( Ord. No. 2022-15 , 10-24-2022) Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 27 of 45 202

Item 7. Chapter 74. Parks and Recreation Chapter 74. Parks and Recreation Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 74-51. Operating any nonpermitted motorboat on Silver Lake Not to exceed $200.00, and not less than $100.00 Sec. 74-52. Same—Fine Not to exceed $100.00, and not less than $10.00 Chapter 78. Peddlers and Solicitors Chapter 78. Peddlers and Solicitors Fees and Fines Sec. 78-4. Refusing to leave premises A fine of not less than $25.00, nor more than $1,000.00 Chapter 82. Planning Chapter 82. Planning Fees and Fines Sec. 82-3. Planning services (a) Zoning verification letters/administrative interpretations $50.00 per letter/interpretation Chapter 86. Secondhand Goods Chapter 86. Secondhand Goods Fees and Fines Article II. Precious Metals Sec. 86-63. Fee $25.00 per license Sec. 86-64. Bond required Penal sum of $1,000.00 Chapter 90. Solid Waste Chapter 90. Solid Waste Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 28 of 45 203

Item 7. Sec. 90-16. Violations; penalties Not less than $100.00, nor more than $1,000.00 for each violation ( Ord. No. 2022-13 , 10-10-2022) Chapter 98. Streets, Sidewalks and Other Public Places Chapter 98. Streets, Sidewalks and Other Public Places Fees and Fines Article I. In General Sec. 98-5. Duty of tenants or owners to maintain sidewalks and Not in excess of landscaped areas within the street right-of-way $100.00, nor less than $5.00 for each violation $100.00 per violation Sec. 98-11. Placement of wireless communications facilities within rights-of-way (c) Use of Rights-of-Way Permit (1) Permit Fee $25.00 for ROW Permit (2) Annual Fee for Rights-of-way Use No charge for WCF placement on existing City owned wireless support structure in City ROW $220.00 for Placement of new wireless support structure/pole in City ROW $220.00 for WCF placement on a third party/non-City wireless support structure/pole in City ROW Article VI. Excavations Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 29 of 45 204

Item 7. Sec. 98-253. Bond Maximum of $5,000.00 per opening Article VII. Parades Sec. 98-303. Fee at the time of filing the application for a parade $10.00. This fee may permit be waived, in whole or in part, by the chief of police. (Ord. No. 2020-13 , 11-9-2020) Chapter 102. Taxation Chapter 102. Taxation Fees and Fines Article I. In General Sec. 102-2. Delinquent property tax collection costs Subsec. (a) Action to collect delinquent property taxes filed in a Fee of $50.00 added court of appropriate jurisdiction to amount due, plus court costs and service fees assessed by state or county offices Subsec. (b) Action proceeds and a writ of venditioni exponas Additional fee of monition or similar execution process is filed $100.00 shall be added to the amount due, plus court costs and service fees assessed by state or county offices Article III. Realty Transfer Tax Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 102-79. Violations; penalties. Any person guilty of conduct A fine of not more prohibited in section 102-78, Prohibited acts enumerated than $100.00 Chapter 106. Traffic and Vehicles Chapter 106. Traffic and Vehicles Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 30 of 45 205

Item 7. Sec. 106-7. Obedience to state law; violation of any provision of 21 A fine of not less Del. C. § 101 et seq. (except Sec. 106-7(1)—Handicapped parking than $25.00, nor and Sec. 106-7(2)—Fire lanes) more than $1,000.00 Subsec. (1) Handicapped parking Minimum fine, as defined in 21 Del. C. § 4183, at the time the violation occurs Subsec. (2) Fire lanes Minimum fines, as defined in 21 Del. C. § 7001(a), at the time the violation occurs Sec. 106-14. Off-road motor vehicle regulations Subsec. (d) Penalties A minimum fine of $25.00 and a maximum fine of $100.00 Sec. 106-15. Failure to stop for a red traffic signal; traffic light signal violation monitoring program; penalties Subsec. (b)(3) Traffic light signal violation monitoring program; civil or administrative assessment Failure to comply with a traffic light signal $75.00 If not paid within 14 days, an additional assessment shall be added $10.00 to the original assessment Additional assessment shall be increased if the assessment is not $20.00 paid within 45 days Additional assessment shall be increased if the assessment is not $30.00 paid within 90 days Court costs or similar administrative fees may also be assessed if Maximum $30.00 the owner requests a hearing to contest the violation, and is ultimately found to be in violation or fails to pay or contest the violation in a timely manner Sec. 106-16. Violations; except as otherwise provided Subsec. (a)(1) Moving offense Minimum of $10.00 Subsec. (a)(2) Nonmoving offense Minimum of $15.00 Subsec. (a)(3) Parking violation $20.00 for each offense, if the fine is paid within 72 hours from the date the offense is recorded in time, the fine shall be $15.00 Article II. Bicycles Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 31 of 45 206

Item 7. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 106-55. Penalties for violation Not to exceed $100.00 and not less than $10.00 Article III. Stopping, Standing and Parking Sec. 106-135. Residential parking Subsec. (i)(1) Expiration; Two-hour parking $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Subsec. (i)(2) Expiration; change of residence, etc. $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Subsec. (m) Violations; penalties Any violation of this section not having a stated, specified penalty will result in a $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Sec. 106-137. Parking areas for persons with disabilities Subsec. (c)(3) Signage; fines Failure to achieve compliance within 30 calendar days of the issuance of the notice of violation shall be subject to the fines set forth in subsection (f) of this section Subsec. (f) Penalties Whoever violates this section shall be fined not less than the minimum fine as defined in 21 Del. C. § 4183 at the time the violation occurred Sec. 106-163. Use of meters required Subsec. (a) Failure to make the required payment in the parking $20.00 fine or $15.00 meter if paid within 72 hours of issuance of such fine Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 32 of 45 207

Item 7. Subsec. (b) Payments accepted Each $0.25 coin Permits the vehicle to be parked for a period of one hour Each $1.00 Permits the vehicle to be parked for the duration of the enforcement period of 8:00 a.m. to 5:00 p.m. Sec. 106-164 Violations; penalties Subsec. (a) Generally; each violation if paid within 24 hours from A fine of not less time summons giving notice of violation is issued than $1.00 for each violation Subsec. (a) Generally; each violation if paid after expiration of 24 $2.00 for each hours from time summons giving notice of violation is issued violation, if payment is made voluntarily prior to the time and date set forth in the summons Subsec. (a) Fourth violation; each violation if paid within one hour $1.00 for each such from time summons giving notice of violation is issued violation Subsec. (a) Fourth violation; each violation if paid after expiration $2.00 for each of one hour from time summons giving notice of violation is issued violation, if payment is made voluntarily prior to the time and date set forth in the summons Subsec. (a) Fifth violation, etc.; any person committing more than $5.00 for each such four violations within any 30-day period of the provisions of this violation, if payment division is made voluntarily prior to the time and date set forth in the summons. Subsec. (b)(4) Any person who unlawfully removes a device for $500.00 fine for each immobilization of a vehicle violation Subsec. (b)(5) Any person who tows or otherwise moves an $500.00 fine for each immobilized vehicle without authorization by the chief of police or his violation designee Subsec. (c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is voluntarily paid without the necessity of a hearing before the proper official. Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 33 of 45 208

Item 7. Chapter 110. Utilities Chapter 110. Utilities Fees and Fines Article II. Electric Service Sec. 110-32. Pole attachment fee; use of Dover Electric Department facilities If payment is not received for any fee or other amount owed within 30 calendar days after it becomes due, the licensee shall pay interest at the rate of one and one-half percent per month, on the amount due (subsec. (f)). Subsec. (4) Fees and charges Annual pole attachment fee $8.17 per attachment Wireless Communications Facility Attachment $50.00 annual fee per attachment on city- owned wireless support structure/pole Subsec. (4)(l) True up Wherever the actual cost of DED's activity exceeds the advance payment of estimated expenses, licensee agrees to pay DED for the difference in cost when that amount exceeds $50.00; To the extent that the actual cost of the activity is less than the estimated cost, DED shall refund to licensee the difference in cost where that amount exceeds $50.00 Subsec. (5) Scope of authority Subsec. (l)(i) Overlashing, unauthorized attachment penalty Three times the annual attachment fee, per occurrence Subsec. (8) Permitting, (b) Pole attachment permit application process Subsec. (i)(a) Charge for expenses related to the pre-permit survey application Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 34 of 45 209

Item 7. Less than 11 poles $50.00 application fee plus $2.00 per pole 11 poles up to and including 25 poles $90.00 application fee plus $2.00 per pole 26 poles or greater $4.00 per pole application fee Subsec. (i)(b) Charge for expenses related to the leasing of conduit Less than 100 feet $50.00 application fee plus $0.50 foot 100 feet to 251 feet $90.00 application fee plus $0.50 foot Greater than 250 feet $0.75 per foot application fee Subsec. (9) Make-ready work, (b) Payment of make-ready work DED may require payment in advance for all make-ready work based upon the estimated cost of such work if the estimate exceeds $1,000.00. Upon completion, licensee shall pay DED's actual cost of make- ready work, which shall be itemized. Subsec. (10) Transfers, (b) Billing for transfers performed by DED If DED performs the transfer(s), DED will bill licensee for actual costs per subsection (4) Fees and charges. Licensee shall reimburse DED within 30 calendar days of the receipt of the invoice. Subsec. (12) Abandonment or removal of DED facilities Subsec. (b) Option to purchase abandoned poles Rate equal to the depreciated value of said pole; if a pole that is to be purchased is older Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 35 of 45 210

Item 7. than 30 years, then the rate to be charged is set at $50.00 per pole Subsec. (16) Unauthorized occupancy or access Subsec. (a) Penalty fee Three times the annual attachment fee, per occurrence; if licensee fails to pay such fee within 30 calendar days of receiving notification thereof, DED has the right to remove such attachments at licensee's expense, unless such fee is disputed in good faith Subsec. (17) Advance payment $8.17 per attachment; plus estimated make- ready work expenses Article II. Electric Service Sec. 110-33. Charge for discontinuing or restoring electric service Subsec. (a) Maintenance and repair No charge for discontinuing or restoring electric service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 36 of 45 211

Item 7. service charge of $100.00 paid prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Article III. Water Service Sec. 110-191. Water use fees generally Subsec. (b) Penalty A penalty of 1½ percent or $1.00, whichever is greater, per month shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill Sec. 110-192. Charge for discontinuing or restoring water service Subsec. (a) Maintenance and repair No charge for turning on or off any service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 37 of 45 212

Item 7. $100.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Sec. 110-193 Penalties for cross connection control program non- compliance Subsec. Non-compliance penalties There will be a charge of $100.00 per day to the property owner after the final warning date of non- compliance. This charge will continue on a daily basis until the property is in compliance with the cross connection control program. Sec. 110-208. Water impact fee established; payment, credits Subsec. (c) Fee and applicability (1) Applicable building permit before February 1, 2008. A buyer No fee independent of the seller may submit a sales contract executed prior to February 1, 2008 to the city manager for consideration in lieu of a building permit issued before February 1, 2008 (1) Building permit and certificate of occupancy is issued on or $700.00 after February 1, 2008 (2) Certificate of occupancy issued after February 1, 2009 $1,400.00 (3) Certificate of occupancy is issued after February 1, 2010 $2,100.00 Article IV. Sewer Service Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 110-240. Violations Subsec. (c) Payment of cost Not less than $25.00 nor more than $1,000.00 (Ord. No. 2020-13 , 11-9-2020; Ord. No. 2022-17 , 10-24-2022) Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 38 of 45 213

Item 7. Chapter 114. Vegetation Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. Action by the city fees and fines are separate charges. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 114-33. Failure to maintain proper height; abatement by city; costs and lien Subsec. (c) Action by the city- abatement of the violation. $50.00 to $250.00 per hour City contracted rate. Sec. 114-34. Fines Subsec. (a) Generally In addition to charges or assessments imposed, a fine of not less than $50.00, nor more than $250.00 in accordance with minimum fine schedule in subsec. (c)(1) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded, or been found guilty of causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of section 114-32 continues as per subsection (b) of this section. Subsec. (c)(1) Minimums—Any fine assessed pursuant to subsection (a) of this section shall be no less than the following minimum: Warning $0.00 First offense $50.00 Second offense $100.00 Third and subsequent offenses $250.00 ( Ord. No. 2022-09 , 10-10-2022) Chapter 118. Vehicles for Hire Chapter 118. Vehicles for Hire Fees and Fines Article II. Taxicabs Created: 2023-09-27 11:16:46 [EST] (Supp. No. 38) Page 39 of 45 214

Item 7. Sec. 118-54. Fee Taxicab operator's permit $5.00 Appendix A. Subdivisions Appendix A. Subdivisions Fees and Fines Article IV. Subdivision—Procedure Subsec. A.2. Preapplication; filing fee $200.00 Subsec. B.2. Preliminary layout; filing fee $325.00 Subsec. C.3. Plat; review fee $200.00, plus $85.00 per acre for the first ten acres, $60.00 per acre for the next ten acres and $45.00 per acre for each acre thereafter Subsec. C.3. Plat; review fee—Minor lot line adjustment Plats for minor lot line adjustments shall require a review fee of $150.00 Subsec. C.3. Plat; review fee—Minor subdivision Plats for minor subdivisions shall require a review fee of $150.00 plus $15.00 per lot Appendix B. Zoning Appendix B. Zoning Fees and Fines Article 3. District Regulations Sec. 18. Recreational and commercial zone (RC) Subsec. 18.1. Uses permitted (k)(3) Temporary activity fee Less than 5 acres $50.00 5—25 acres $100.00 26—100 acres $250.00 100+ acres $500.00 (l)(2) Temporary camping permit fee Less than 5 acres $50.00 5—25 acres $100.00 26—100 acres $250.00 Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 40 of 45 215

Item 7. 100+ acres $500.00 Sec. 24. Planned Neighborhood Design option (PND) Subsec. 24.2. Review process—General sketch plan review fee, $100.00 each application Subsec. 24.8. Conditional use plan approval Subsec. 24.81. Plan approval fee, each application $200.00, plus $10.00 per acre Subsec. 24.9. Site development preliminary subdivision plan review Subsec. 24.91. Preliminary plan approval fee; each application $325.00, plus $20.00 per acre Subsec. 24.10. Final subdivision plat approval Subsec. 24.101. Final subdivision plat approval; each application $250.00 Sec. 28. Traditional Neighborhood Design Zone (TND) Subsec. 28.4. Procedure; application for rezoning of a land area to a TND zone Subsec. 28.411. Minimum fee; each rezoning petition $325.00 Subsec. 28.422. Implementation plan approval; each application $325.00, plus $10.00 per acre Subsec. 28.434. Site development plan or subdivision plat; each $250.00 application Article 5. Supplementary Regulations Section 4. Supplementary sign regulations Subsec. 4.8. Unified campuses and complexes Subsec. D.4. Submission requirements; application fee $200.00, due at time of application Subsec. 4.9. Supplementary sign provisions Subsec. D.1. Temporary signs; permit $50.00 Section 23. Wireless Communications Facilities Subsec. 23.5. Application Procedures 23.51 Location within Public Right-of-way (f) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.53 Eligible Facilities Request (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 41 of 45 216

Item 7. costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.54 Substantial Change Activity (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.55 New Facilities (a) Conditional use authorization required. $425.00, plus $25.00 per acre of the area or multiple thereof involved in the Conditional Use Permit application (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.56 New Small WCF (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs Article 6. Off-Street Parking, Driveways and Loading Facilities Sec. 5. Supplementary regulations for parking and loading facilities Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 42 of 45 217

Item 7. Subsec. 5.5. Parking for motorsports racing Subsec. 5.52. Recreational vehicle parking 1—5 Recreational vehicles No fee 6—25 Recreational vehicles $25.00 26—50 Recreational vehicles $50.00 51—100 Recreational vehicles $100.00 >100 Recreational vehicles $150.00 Article 8. Enforcement and Penalties Sec. 2. Certificates of occupancy Subsec 2.4. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee: Certificate of occupancy for one-family residential uses $60.00 Temporary certificate of occupancy for one-family residential uses $75.00 for a maximum of 45 days. Fee applies for any extensions beyond 45 days Certificate of occupancy for uses other than one-family residential $75.00 for the first uses 20,000 square feet of building area, plus the sum of $15.00 for each additional 10,000 square feet of building area in excess of the first 20,000 square feet or multiple thereof Temporary certificate of occupancy for uses other than one-family $100.00 for a residential uses maximum of 45 days. Fee applies for any extensions beyond 45 days Article 9. Board of Adjustment Sec. 3. Procedure Subsec. 3.4. All variance requests and appeals from an order, requirement, decision or determination made by an administrative official, board or agency of the city shall be accompanied by a fee All variance requests for residential uses $300.00 All variance requests for nonresidential uses $600.00 All appeals from an order, requirement, decision or determination $300.00 made by an administrative official, board or agency of the city The board of adjustment may, in its discretion, return to the applicant part or all of the fee paid by him in the event that his appeal under Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 43 of 45 218

Item 7. section 2.1 (interpretation) hereof is partially or wholly successful. The fees filed in connection with applications under section 2.2 (variances) shall not be returnable, regardless of disposition of the case by the board Article 10. Planning Commission Sec. 1. Approval of conditional uses Subsec. 1.52. Application procedure; conditional use permit; each $425.00, plus $25.00 application per acre of the area or multiple thereof involved in the application Sec. 2. Site development plan approval Subsec. 2.42. Fees—Application for administrative site plans $300.00 Subsec. 2.43. Fees—Application for site development plan $425.00 plus $25 per approval acre Sec. 3. Historic district commission and architectural review Subsec. 3.26. Procedures for an architectural review by the historic district commission or planning commission Subsec. (b) Application and fee for an architectural review $250.00 certificate Sec. 5. Amendments Subsec. 5.32. Application. Each application for a zoning map amendment: Minimum fee, in addition to required district supplemental fee $425.00 One-family residence zones (R-8, R-10, R-15, and R-20); $25.00 per acre supplemental fee General residence zones, Medium density residence zones, and $50.00 per acre Mobile home park zones (RG-0, RG-1, RG-2, RG-3, RG-5, RM-1, RM-2, and MHP); supplemental fee Commercial and office (C-1, C-1A, C-2, C-2A, C-3, C-4, CPO, $70.00 per acre RC and IO); supplemental fee Shopping center development (SC-1, SC-2 and SC-3); $75.00 per acre supplemental fee Industrial zones (M, IPM, and IPM2); supplemental fee $75.00 per acre ADOPTED: * SYNOPSIS This proposed amendment to this chapter removes language that requires the doubling of fines. A fee schedule is established for all fines that are issued by the Division of Code Enforcement or the Fire Marshal’s Office. Proposed is also the requirement that all fees and fines are due within 30 days, currently 14. Finally, the proposals would require any unpaid fee or fines to be assessed Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 44 of 45 219

Item 7. as a municipal lien against the property and placed on the tax duplicate. The proposals are intended to provide greater transparency to the citizens in regard to the penalties. (SPONSORS: ANDERSON and HUGG) Action History 05/14/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and Administration Committee Created: 2023-09-27 11:16:47 [EST] (Supp. No. 38) Page 45 of 45 220