CPMCBA Minutes

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS The Construction and Property Maintenance Code Board of Appeals meeting was held on February 05, 2025, at 3:30 p.m., with Mr. Boggerty presiding. The members present were Mr. Campana, Mr. Neil, Mr. Martin and Mr. Rocha. Staff members present were Mr. Kopp, Mr. Morris, Mr. Gallagher and Mrs. Walls. ADOPTION OF AGENDA Mr. Rocha moved for approval of the agenda, seconded by Mr. Martin and unanimously carried. PROPERTY MAINTENANCE CODE CITATION (2009 International Property Maintenance Code- Chapter 3 - General Requirements, Section 302.1 - Sanitation) - Appeal of Violation - 204 N. Caroline Place (John & Alicia Young) Mr. Ray Morris, Code Enforcement Officer, reviewed the case history for 204 N. Caroline Place. Mr. Morris provided recommendations for Mr. and Mrs. Young to bring the property into compliance. Responding to Mr. Martin, Mr. Morris stated that he had not provided the owners with the recommendations before this meeting. Mrs. Alicia Young stated that tires can be repurposed into garden planters and are being used for exactly what she has been doing. She stated that there is no way this could be a problem for mosquitoes. The only time the tire is uncovered is when the trash can is being used. She believes that the tire is not a hazard. Mrs. Young stated that she has so many examples where people actually use tires for gardening ideas. She noted that she had learned this in the master gardener class that she taken here in Dover, Delaware. Mr. John Young stated that they have some neighbors that do not have any anchors for their trash cans and the trash cans unfortunately end up hitting their cars. Responding to Mr. Rocha, Mr. Young stated that the trash can fits right into the tire so when the wind blows, the tire does not move. Responding to Mr. Rocha, Mr. Kopp stated that filling the tire with dirt or placing the tire within the dirt would alleviate the mosquito issue. He further noted that doing so would also mitigate the fire hazard associated with the tire, as it would then be more difficult to burn Responding to Mr. Rocha, Mr. Morris stated that no fines have been issued as of this date. Responding to Mr. Rocha, Mrs. Young stated that they prefer to keep the tire rather than have their trash can rolling around the neighborhood. She noted that she is too old to chase after the trash can. Mrs. Young explained that the gray trash can it not a city issued trash can. Responding to Mr. Young, Mr. Neil explained that even if the tire could be hidden, the tire is still a violation. Responding to Mr. Martin, Mrs. Young stated that they have been using the tire for over 20 years.

CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS MEETING OF FEBRUARY 05, 2025 PAGE 2 Responding to Mrs. Young, Mr. Kopp suggested that a less expensive alternative might be to simply purchase a cinder block. Mr. Kopp also suggested attaching two (2) eye bolts to the siding of the house and then using a bungee cord to secure the can to them. This method would be inexpensive and easily done. The bungee cord could be quickly detached to allow access to the trash can. Responding to Mr. Campana, Mr. Kopp stated that once the tire is full of dirt then the dirt says in there but when they remove the trash can, the tire is still exposed. Responding to Mr. Campana, Mr. Morris stated that once the tire is filled with dirt, it is permanent and no longer serves a purpose because then trash can would no longer be able to be wedged into the tire. Responding to Mr. Rocha, Mr. Kopp clarified that the violation constitutes both a fire hazard and a safe and sanitary hazard. He explained that burying the tire would mitigate both of these risks, as a buried tire is unlikely to burn and poses less of a sanitation concern. Responding to Mrs. Young, Mr. Kopp stated that they can work with them on the time frame. Mr. Kopp recommended giving them 30 days to bring the property into compliance, setting a follow- up date of March 6th. Mr. Neil moved to pause enforcement for 30 days, setting a follow-up date of March 6, 2025, to allow the property owners at 204 N. Caroline to bring the property into compliance. The case was referred back to staff for a follow-up inspection. The motion was seconded by Mr. Campana and unanimously carried. Mr. Boggerty moved for an adjournment of the Construction and Property Maintenance Code Board of Appeals meeting, seconded by Mr. Martin, hearing no objection, the meeting adjourned at 3:48 p.m. The meeting adjourned at 3:48 p.m. Andre Boggerty Chairman AB/aw Attachments Attachment #1 – Mr. Morris's recommendations for anchors as an alternative to the tire.

Attachment #1 Construction and Property Maintenance Code Board of Appeals meeting of 02/05/2025