Transcript: Construction and Property Maintenance Code Board of Appeals Meeting

Chair

Call this session of the City of Dover Construction Property Maintenance and Appeal Board, Code Board of Appeals, into session on Friday, January 23rd at 3:30. Before we accept the agenda, is Mr. Rodney Skaggs? But however, Mr. Robert Combs is already here. So with that said, I would like to make an amendment to the agenda to move item number two to item number one.

Board Member 1

So moved.

Board Member 2

Second.

Chair

It's been properly moved and seconded. Ready for the question. All those in favor, signify by saying aye.

Board Member 1

Aye.

Board Member 2

Aye.

Chair

With the modification, I move for acceptance of the agenda.

Board Member 1

Move to accept the agenda as, uh, modified.

Board Member 2

Second.

Chair

All right. It's been properly moved and seconded. Ready for the question. All those in favor, signify by saying aye.

Board Member 1

Aye.

Board Member 2

Aye.

Chair

Aye. With that said, the motion carries. Um, so again, right now we're going to be hearing the property maintenance code violation, 2009 International Property Maintenance Code, Chapter 3, General Requirements, 302.1 Sanitation, appeal of violation, 510 Carroll... Robert... Um, what I typically do is to ask the, uh, code enforcement to present the case and then ask you to respond. Thank you. Uh, representative of Code Enforcement?

Code Enforcement Officer

...property and observed the junk and debris on the trailer in the drive. Um this is in a violation of the DCC of the 22 and 221-209 section PM 302.1 Sanitation. I sent Mr. Combs a violation notice stating that he needed to remove junk and debris, have it cleaned up no later than December 3rd, which gave him 30 days. On December 3rd, around 13:45 48, I arrived and conducted a follow-up inspection on Mr. Combs' property, and the junk and debris was still on the driveway and So, seeing that it's still on there, it was still in violation, I actually issued Mr. Combs a second notice and a $100 citation. Citation number 254801-01. And I gave him another 30 days to come into compliance, giving a call date of January 2nd of 2026. And then there was nothing further because of the action taken.

Matthew Layfield

All right. So, um, I'm Matthew Layfield, code enforcement officer. I've been with the city going on two years now. I'm certified with the International Code Council, with ICC. And, um, a little bit information about what happened for case number 254801. So on November 3rd of 2021, around 11:10, I rode by Mr.

Board Chair

Um there was uh pictures associated with it.

Code Enforcement Officer

Yes, sir.

Board Chair

All right. Um did y'all see Were you able to see the pictures when they were sent to us? All right. Um, Mr. Combs, would you like to share what you were looking at and-

Mr. Combs

It's my landscape trailer filled with scrap metal.

Board Chair

Okay, so would-

Mr. Combs

I don't understand My whole thing, which I didn't understand when I got it, is how is it a violation? It's not like it's scattered all over the alleyway or anything like that. It's all loaded into the landscape trailer. Understood that it does look a little out of whack in that picture, but my kids were pulling bicycles out of there trying to fix one of their other bikes. That's why it looks crazy like that. But if I can't keep my scrap metal in the landscape trailer, where should I keep it?

Board Chair

So are you uh scrapping metal?

Mr. Combs

I do it on the side to make side money to feed my family.

Board Chair

Okay.

Property Owner

to the right of it, which I was told that that wasn't the issue later on. That's actually my grill. I pulled it into the garage when the weather's bad.

Board Member 1

Okay. All right.

Board Member 1

Um, the distance from where you saw that, is that is that

Code Enforcement Officer

Seen from the alley.

Board Member 1

Seen from the alley?

Code Enforcement Officer

Yeah, because I couldn't enter his property, so it was seen from the right-of-way in the alley.

Board Member 1

Okay. Any questions? Um...

Property Owner

Um, I don't know if it makes it any better, it's cleaned up now. When I was issued the citation, so from late October till Christmas, I am busy at work. We process turkeys, I work 12-hour shifts Monday through Saturday. Every single week. The only day I don't have to work is Sunday, and even some Sundays I have to work. Scrapyards closed on Sundays. I had no time in between to take care of it. As soon as I did, I did clean it all up. None of that's there. Even the grill, I moved in the garage.

Code Enforcement Officer

I drove by yesterday and it was all cleaned up.

Board Member 1

Okay. Um, all right.

Board Member 1

So, you know, so he doesn't really have a backyard kind of thing, right? The way the house is is made, right? Because it has the alley and his garage sits on the alley. So, how do we is that considered backyard where the where the trailer sits?

Code Enforcement Officer

Well, he does have a backyard, it's fenced in. But, um, yeah. So I mean, he could have put a tarp over it, and that probably would have solved it all, you know. Or he could have reached out to us, but there was no communication.

Board Member 1

Okay.

Property Owner

It's working, we work so many turkeys, sir.

Board Member 2

How often do you have to...

Appellant

Uh, that was probably a build-up of probably a few months.

Appellant

I find it when I can. Right. I'll load it like going back and forth to work, I'll find something and I'll throw it in the back of my truck.

Board Member 1

So you have to build a load basically? Totally, it's got If they pay by weight, right?

Appellant

Right. I took that load there, and it was $34. Like, you're not making a killing on scrap metal, but for me, $34 goes a long way.

Board Member 1

Did you got to go to Denton for that?

Appellant

No, um, um, out 8 Out Sandtown. Sandtown? Yeah, toward Sandtown. Um, I forget It used to be Fitzgerald's. It's changed names now. I think it's Dover Scrap Metal or something.

Board Member 1

Oh, okay. Okay.

Appellant

So, um Council person?

Fred A. Neil

Well, basically this The reason there's a reason for for what we do. It affects the neighborhood. Mhm. And because of that, if your neighbors call in and particularly if you're trying to sell a house and then yet the price sees this on the other side, it affects them. So, it

Fred A. Neil

it it really goes a long way It's not so much

Appellant

Well, and that was going to be my other question was if he made any other violations that day, because, not to throw any neighbors under the bus, but not far from me there's a guy that literally has scrap metal all over his backyard, and it's been there since I moved in.

Appellant

His isn't even in a trailer, it's just everywhere. Mhm.

Fred A. Neil

Well, once it's spotted, uh, this these guys are very these guys the the our code inspectors are really empathetic, okay? You have to let them know what the status is.

Fred A. Neil

You reach out to them, they'll let you know. If you need some time, whatever. But when you do this, it it really affects the neighborhood.

Board Member 1

And we've got enough uh from the members of Council. We've got enough of that this. Why do you do this thing? Why do you let this happen? Why did It's against the law.

Board Member 1

So in terms of whatever we decide in the at this particular time, it really can't be repeated because you know what you have to do. You heard it's all about. Cover it up, put it away,

Property Owner

No problem. No problem whatsoever.

Property Owner

I mean moving forward, 100%. If you won't see the trailer's not even there anymore.

Board Member 1

So I mean that's I think our our our concern. Because the public comes down on us, you're letting trash in the city be trashed, and we have enough problems out in the streets of city being trashed every single day. We clean it up and every single day it's back out there.

Property Owner

No, I I see it driving through Dover.

Board Member 2

All right. Well, thank you. But um, uh first first-time offense? Oh yeah. Well, actually there is um I do not have any prior experience with the program. That's a the vacant area. So, I just happen to be covering down cuz we don't have an inspector for that area, so we were just, you know, have to take turns covering the area, and I just happened to go down that alley. I did get a number uh numerous, well, a couple houses on that alley that day, but, yeah.

Board Member 1

The uh I have had a violation before, that's what he was asking.

Board Member 2

Yeah, on record, he has a violation or

Speaker 1

walked in the area. Now he know. Now he knows he's made the adjustments that we asked. He's, um, complied with and we, you know, again, making a couple extra legal dollars. Um, I don't I don't

Speaker 1

And, again, I I don't I listen, brother Mr. Kopp. I call him a son, tripping. All right, somewhere.

Speaker 2

He just made you into your fraternity. Yeah, right. So that's all.

Eddie Kopp

Just uh, Eddie Kopp, Chief Code Enforcement Officer for the City of Dover. Just a couple of clar- uh clarification and technical points is the last case was 11/16 of 2023. Uh that was case number 23-4983 um for property maintenance. The exterior which would be the same case.

Eddie Kopp

Um I just want to read into the record what the code states um directly from the code book. Um 2009 International Property Maintenance Code Section 302.1 Sanitation. Means all exterior property and premises shall be maintained in a clean, safe, and sanitary condition. The occupants shall keep part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. Um that's what's being appealed today. And then uh I also want to read into the record uh Section 111, which is application for uh appeal, which application for appeal shall be based on a claim that the true intent of the code or the rules legally adopted thereunder have been incorrectly interpreted. The provisions of the code does not fully apply, or the requirements of this code of this code are adequately satisfied by other. Uh so that would be the intent of the appeal. Um it's our position as the city that this wasn't

City Staff

clear violation of uh section 302.1. Ample opportunity was provided to the appellant uh by way of written communication uh and that citation was issued uh due to failure to comply. I would like to also add uh that the

City Staff

the proof of mailing that's required for the citation is about $11. So every citation that's issued is about $11 uh to be able to bring this in compliance. Although it is in compliance at this time, it was not in compliance at the time the citation was issued.

Board Member 1

Can we can ask him to pay $11 to to the...?

City Staff

That That would be up to the appeal. It's it's my job to advise you of the facts of the case.

Board Member 1

Um, I make a motion. Am I allowed to...?

Board Member 2

Yeah, you can make a motion.

Board Member 1

I make a motion that Mr. Coombs just re- restore the $11 that it cost to bring to to bring this case forward through uh documentation and the other process.

Board Member 2

Second. You got a question?

Board Member 3

Then I had a question before he seconds it. How much is the fine?

Board Member 1

100. $100.

Board Member 3

Hun- 100 bucks?

Board Member 1

Mhm.

Board Member 3

Yeah, I s- I third.

Board Member 1

So that's a set that's a that's the set. So, you know, the...

City Staff

That's in favor of Mr. Coombs.

Board Member 1

Yeah. Yeah. All right, so all those in favor of Mr. Coombs paying $11 signify by saying aye.

Board Member 3

Aye.

Board Member 2

Aye.

Board Member 3

I understand uh things that, you know. But it happens again, it's not going to be $11, because we pay them $11 each, and for the hearing, we pay them a lot more, can. For it. And I get 85 cents an hour and I had to travel all the way from home to here for that. They only get 70...

Unknown Speaker

Yeah, yeah, yeah.

Unknown Speaker

It won't happen It won't happen again, but if you need, I'll pick you up next time.

Board Member

All right, we have a motion on the floor. All all in favor say aye. Aye. Nobody said aye.

Eddie

If if I could, just for clarification, could you amend your motion to to clarify approve or deny? Right now the motion is just the $11, but you need to make a motion to approve or deny that way it's on the record.

Board Member

All right. We we we have Sorry. We we we deny the appeal with but we deny the appeal, we amend the motion that Mr. Combs will pay it. The motion is denied and we amend added motion with with the denial being the cost being $11. So your appeal is denied because you have to pay $11. And and

Eddie

That's that's good enough.

Unknown Speaker

I would like decisions like that. Any decision that she can, accepting either way, I think she's fine.

Unknown Speaker

Crystal, are you good with that?

Crystal

Yeah.

Unknown Speaker

She She can put it in ChatGPT and fix it.

Board Member

Well, but thank you. This this case, this appeal is uh over. Thank you.

Mr. Combs

Thank you. And happy collecting. I got a lot of stuff getting ready to come in my address. So, they come all on my yard.

Board Member

They coming through mine too, so all the time.

Mr. Combs

One time I caught somebody, I was like, "Yo!" And gave him like the old grill and everything.

Unknown Speaker

Oh, oh, the guy that rides around? Yeah, yeah, yeah.

Mr. Combs

The $11 to pay out...

City Staff

You can pay the ladies up front.

Mr. Combs

Right now? Will that go through now or...

Eddie

They could do $11 credit on there, and then I can explain to them after. Tell them I'll deal with them after.

Mr. Combs

Okay. All right. Well, thank you. I appreciate it. Have a good one.

Board Member

Are we on item number 1?

Mr. Combs

What's your name just so I could...

Eddie

Eddie.

Mr. Combs

Eddie? Yep. All right, thank you.

Board Member

Are we on item number 1?

Eddie Kopp

Yeah. If I could, um, yeah, um, on behalf of the city, I move that item item number one be denied due to no show of the applicant.

Chair

Uh that's the That's going to be the City's...

Mr. Smith

Has he called in or anything like that?

Female Staff

No, I haven't heard from him.

George Capanas

I second the motion.

Eddie Kopp

Well, I can't make a motion, that's, well, yeah, you guys have to make the motion. [laughter] You guys will make the motion, but...

Mr. Smith

Yeah, I move to agree with Eddie. [laughter]

George Capanas

Since he's not here. [laughter]

Chair

All right. Uh, so Mr. Smith probably moves, seconded by to deny the appeal To deny the appeal because the appellant has not has not arrived.

Female Staff

And Mr. Capanas seconded?

George Capanas

Yeah. Yeah.

Female Staff

All right, I just wanted to make sure.

Chair

All right. May I add one comment? He's tired of looking at that tire. [laughter]

Mr. Smith

So you know That's the same That's the same one? It's a different one.

Mr. Smith

You know what it is. You know they use the tire to weigh down the basketball hoop. Is that what it is? Is that what they're doing?

Eddie Kopp

Yeah, that was it. Nah, that's just chilling.

Mr. Smith

I'm saying, but it's it's leaned next to a basketball hoop, what I thought.

Eddie Kopp

It was at one point. And then when I sent him the first notice, he tucked it in there like tried to and then...

Mr. Smith

Wasn't there one where we suggested he bury it in the ground or something like that? That's not the same.

Eddie Kopp

No, that was used there for decoration.

Mr. Smith

Oh. Well, I thought this one was against the basketball court.

Eddie Kopp

Well, this one as soon as I posted the return mail on the door, then he filed the appeal.

Mr. Smith

And then And then he was contacted to say to know be notified the date?

Female Staff

Yes, I called him and then sent him a letter.

Mr. Smith

And he And you never heard You never spoke to him?

Female Staff

I did speak to him, and I let him know, and he he was in agreement with the date to show up, but I don't know what happened, so.

Mr. Smith

Okay.

Chair

And his first notice was October 17th, and the second notice was November...

Board Member 1

I move for...

Board Member 2

Adjournment? Adjournment? I got a question.

Board Member 3

Since we charge some $11, why don't we just charge everybody $11 plus their fine?

Board Member 4

Well, we got we got to amend the code for that? Yeah.

Board Member 3

How hard is that to do?

Board Member 2

What is the fine? Is the fine supposed to cover expenses like that, or no? Okay.

Board Member 2

Is it $11 because it has to be certified, right? Yeah. And that's the fee, 11 bucks?

Board Member 4

Yeah, it's like $10.90. $11. Yeah. Right.

Board Member 3

Because if they're going to pay a fine—now if they get if they win their appeal, then they don't have to pay. But if they lose, then they pay.

Board Member 4

Then it gets tacked on.

Board Member 2

I bring that up because we're constantly issuing these fines, and back when certified mail was a couple dollars, it didn't make a difference, but the cost of mailing now is ridiculous.

Board Member 3

Yeah, it's crazy.

Board Member 4

Add it to the agenda.

Board Member 1

All right. I got to walk through.

Board Member 3

Is that a valid request? Or no?

Board Member 2

Oh, yeah. Yeah, oh, absolutely. Yeah. Yeah. Yeah.

Board Member 3

Ain't paying these guys no more money.

Board Member 2

No. No. Nobody's getting paid more money.

Board Member 5

Are we adjourned?

Board Member 1

All right, how about, it's been...

Board Member 2

Oh, we didn't vote?

Board Member 1

Yeah, because, well, because Dan sent us suggestions.

Board Member 2

We did a good job, didn't we? We did a good job? All right.