Transcript: Construction and Property Maintenance Code Board of Appeals Meeting

Andre M. Boggerty

All right, good afternoon. Um this is Councilman Andre Boggerty, chair of Construction, Property Maintenance, Code of Appeals Board. Um we are, I'm calling this meeting to order of Thursday, April 9th at 3:38. Um the the agenda is set before you. I'm uh I entertain a motion to accept the agenda.

Board Member

I move that we accept the agenda.

Board Member 2

I'll second.

Andre M. Boggerty

It's been properly moved and seconded. Are you ready for the question? All those in favor signify by saying aye.

Board Members

Aye.

Andre M. Boggerty

Uh the motion accepted. Uh I can say the agenda um is approved. We have four items on our agenda. Um the first one that we will hear is uh Property Maintenance Code violation, Chapter 3, General Requirements, Section 302.8, Motor Vehicle citation and fines, with the address being 210 North Dover Drive. Um the representative is Simon Epifano Epifanio. Uh Mr. Epifanio is present. Um I'll yield to code enforcement, a representative from code enforcement, to present their the case.

City Staff

appears not to have moved, and sent a citation out for that.

Thomas Weller

Hi, I'm Thomas Weller, code enforcement officer with the City of Dover.

Board Chair

That's Okay. Uh, sir, is there anything you would like to say as an affirmative defense?

Appellant

Yes, um, and this weekend um, when he sent the first letter out, I did not see it. It uh uh because City of Dover, all bills, they come in a similar envelope, so usually my my bill comes in a similar envelope and I don't look it because I pay it over the internet. So, it was the second one that alerted me that I had an issue because it came in a um registered mail. So, when I opened it up, I saw it, that's how I started following up on the basis that um the car is not abandoned. It just had a flat tire, and I uh uh I inflated it. Um, I have my insurance for the car. It's still tagged until uh May of this year, when I took back inspection, and the insurance is uh still on.

Board Member

If if the tires were flat, I would say it was inoperative. Uh, so the evidence is if he had tires that were ready to go, that were inflated and ready to go, there would I presume there would be no problem. Is that correct?

Board Chair

Okay. You have your insurance with you?

Board Chair

And that proves that it has tags on?

Appellant

Yes, uh that's on that. Uh, I have a photo of it of the tag, but not sure whether that's I didn't know what to do. Yeah.

Code Enforcement Officer

Mhm.

Board Member

And they're still flat?

Code Enforcement Officer

No.

Board Member

No? Did you say they're not? Are they still flat?

Code Enforcement Officer

No, they're not flat anymore.

Board Member

Have you looked at the vehicle?

Code Enforcement Officer

I haven't seen it the past couple times I drove by.

Board Member

So he has repaired it, yes?

Board Chair

Okay. Any question from members of the board?

Code Enforcement Officer

He has repaired it, yes, since after sending the citation out. That is correct.

Board Member

Uh, the uh basically the citation indicates that the car is uh uh is an

Board Member

Okay. Mr. Marley?

Michael Marley

Um, well I guess you need to open all mail that comes from the City of Dover. Um, if it's now operational and tagged, I mean that's great. Un- unfortunately, that correction wasn't made before the citation went out. Is that correct?

Code Enforcement Officer

Another thing that our, um, mailings are all marked "Code Enforcement" on them on the front, so they were differentiated between regular city mail.

Eddie Kopp

Just for the record, Eddie Kopp, Chief Code Enforcement Officer for the City of Dover. The fine is issued for noncompliance and it is a flat rate of $100 for that initial citation. It's $100. The fine, the fines issued are up to $1,000, but this fine in particular was for $100. And if I could make note, just this case originated January 21st of 2024, and it wasn't brought into compliance and closed until yesterday, April 8th of 2024. That's why the citation was issued.

Board Member

Okay, and how much is the fine?

Code Enforcement Officer

$100.

Board Member

When did you get the car repaired?

Appellant

There was nothing wrong with it.

Board Member

I mean, when'd you put air in the tire?

Appellant

Air in the tire? Um, that was after, um, the second citation. That is that is To me, it was the first, because that's when I saw it.

Board Member

Okay.

Appellant

Yeah.

Board Member

Um, does it does the fine say, uh, $100 or up to $100?

Board Member

Okay. Well, that Well, that was going to be my question. When the first notice goes out, does that go out that there's a fine or does it say correct it before X date?

Code Enforcement Officer

Um...

Eddie Kopp

So, um, you get the first 30 days without a citation.

Board Member

Okay.

Eddie Kopp

And all of our mail, as seen on that envelope he has there, it does have a stamp on there. It either says Code Enforcement or Inspections Department. So all of our mail is clearly marked that it's coming from us.

Eddie Kopp

it was close, that's all.

Board Member

All right. All right. When did you bring it into compliance? What date was it?

Board Member

Okay.

Eddie Kopp

I went back on the 3rd of April.

Board Member

Okay.

Board Member

April 3rd, it still wasn't?

Eddie Kopp

No, that's when I went back for reinspection, that's when it was, you saw it then, yes.

Appellant

As soon as I saw the second citation.

Board Member

Okay.

Board Member

Um, all right.

Board Member

When was the second notice?

Board Member

So, board, what is the pleasure of the board?

Eddie Kopp

There was only one citation.

Appellant

The second violation.

Board Member

Yes, sir.

Eddie Kopp

The sec the second notice was issued March 2nd of 2024. So it sat still. And I do see an inspection on here, inspection period of March or April 3rd of 2024, it was still not in compliance. It wasn't closed until yesterday, 4/8 of 2024.

Board Member

I feel like we're kind of, you know, the rules are there, the time frames are there, uh, so, uh, uh, I don't see how we cannot enforce that. Otherwise, then do we need to extend everybody an extra, I don't know, 30 days or 60 days, whatever it is. So, uh,

Appellant

Oh, you went back yesterday and saw it?

Eddie Kopp

Yesterday No, that's when this case—

Board Member

I- I would move that we, um, deny, uh, the request.

Board Member

And I'll second.

Board Member

It's been properly moved and seconded. Are you ready for the question? All right. Um, all those in favor, signify by saying aye. Aye. Just be the end of this. Any discussion? No discussion. The motion passes. Fortunately, the appeal, I mean, the appeal is denied, and a hundred dollar fine stays.

Appellant

Do I have to pay today or--

Board Member

...payment is attributed to you for payment, okay?

Public Commenter

Thank you.

Chair

All right, I close out that one. Um, number two is...

City Staff

Item 2? Yes.

Board Member

The pay arrangements will be You can pay upfront at customer service, I know. Uh, but, uh, Mr. Kopp, can you say the methodology of payment?

City Staff

On behalf of the city, it's our recommendation to deny the appeal due to the no-show of the owner of the property. And this is in reference uh item number two for 106 Red Oak Drive, James Brooks.

Eddie Kopp

Um, usually payment is due within 30 days of the last action, so 30 days from today would be the payment due date.

Chair

All right. What was the issue just so we know?

City Staff

Um, missing siding on exterior wall.

Board Member

All right. So 30 days from today, and please, if you can, so there'll be no more

Board Member

Oh, I saw that picture. Yeah, from a dormer. Second floor, yeah.

Chair

Has not been fixed, correct?

City Staff

No.

Chair

Well, they're not here to defend, he or she is not here to defend themselves. Uh, the I'll entertain a motion at this time.

Board Member

Shelton move to deny.

Board Member

Martin second.

Chair

It's been properly moved and second to deny the appeal for uh for the the matter regarding um property maintenance code violation Chapter 3 uh and and appeal of citation and related fines for the address uh 106 Red Oak Drive and the representative James Brooks. All those in favor signify by the sound, "Aye."

Chair

Uh, Code Enforcement, it's yours.

Thomas Miller

Yes, my name is Thomas Miller, City of Dover Code Enforcement. Um so did an inspection on this property, noticed that the um registration was missing plates and that vehicle had multiple flat tires. Uh the inspection was on January 12th of 2026. Um sent out a notice on that date and did a re-inspection on February 12th. And still same condition. Nothing moved, um nothing repaired, no registration on the vehicle. And sent out the citation on that date of 2/12/26.

Board Member

Aye.

Chair

Motion carries uh with consent.

Chair

Number three, we are here for property maintenance code violation Chapter 3, General Requirements, Section 302.8, Motor vehicles, appeal of citation and related fines for 132 West Sheldrake Circle. Uh the representative is Christine Sheppard.

Christine Sheppard

Christine Sheppard.

Chair

Christine Sheppard is present.

Chair

Okay. Um, appellant, would you like to...

Appellant

Um, at the seat, my husband has, um, and my minor children, and um, he's the administrator's assistance. Um, I don't know what to do. Um, I was following the courts um, um...

Female Speaker

And bring it down the roadway?

Male Speaker

When did when were you appointed? It is in 2020?

Chair

So so let me let me ask. Your your your hus- that was your husband's vehicle, and he passed away when, may I ask?

Female Speaker

2020. Okay. So that was minor uh children. We have to follow um guidelines that tell you you can't and we also had adult children. You have these guidelines that have to follow that I can't touch um um his belongings.

Appellant

He passed away November 3rd, um, 2016.

Chair

Okay. So that was 10 years ago. So how did it get here?

Male Speaker

It was in probate?

Female Speaker

Yeah. Yes. So we get um

Appellant

I know. When he passed away, he had a house in Newark and that vehicle was on his property. And when I was appointed his administrator assistant, I had to, um, take his belongings...

Male Speaker

So are is the matter still in probate?

Female Speaker

I was appointed. But, um, when it's minor children and and separate adult children of his, um, I'm limited to what I can do. I'm not supposed to touch his estate. His um certain things I'm not supposed to touch of his. But all his bills, I'm supposed to pay.

Eddie Kopp

Okay. Um, if I could for the record.

Male Speaker

Are you not allowed to drive the vehicle?

Board Chair

Yep. Yes, the Chair recognizes Code Enforcement.

Female Speaker

I am. I had permission to take the vehicle off his property and bring it here to Delaware. And then, that was it. It expired and I took it off the street and put it in the driveway.

Eddie Kopp

Um, Eddie Kopp, Chief Code Enforcement Officer for the City of Dover. In reference to vehicle registration number 3260, um, last four of the VIN 1548, this vehicle is registered to a Christine Shepherd. Um, the address of record is 132 West Sheldrake Circle. It's shown as the only owner of this vehicle, a 2001 Mercedes-Benz, a four-door sedan, black in color.

Male Speaker

So what's the condition of the vehicle now?

Female Speaker

It's, um, fine. I was only driving my vehicle and, um, driving the Mercedes. I'm just sitting with a fear because I really can't, um, go back, but I just drive in my vehicle.

Board Chair

Is it is it registered to you?

Christine Shepherd

It is. I can fix anything at at any, um, level from this property in New York and I brought it here. I'm I'm I'm, um, administrator of the estate, I had to have his belongings, but until my uh my children are adults, then I can administer everything so that everything goes to them.

Staff

expired 9/14 of 2025. So, according to his records, this this registration was active until 9/14/2025, and it does show under Christine Sheppard's name.

Board Chair

Is the car insured?

Christine Shepherd

Um, when I put it on my property, I stopped the, um, registration and the insurance, as they had gifted it to Delaware.

Christine Sheppard

I had got it from Delaware because it was an attorney to get my deceased husband's estates, and I they gave me the approval to to go on with the appointment to do what I had to do to get it turned over, and I did that when it expired. I moved the vehicle off the street and put it in the driveway.

Board Chair

Mr. Kopp, when is the When When did you check regarding who was it?

Eddie Kopp

Um, I did an inquiry on 3/24/2026 at 12:02 p.m. I can I can rerun it and see if anything's changed. But I am showing, um, issue date for the registration was 11/9 of 2017 and registration

Board Chair

Any questions from the members of the board while I'm reading? I'm I'm doing my best to plow through.

Staff

If I could comment?

Board Chair

Yeah.

Staff

The code is specific. It says abandoned, inoperable, or wrecked vehicle. Although we're sympathetic to the the situation here, the vehicle would have to either be registered or stored elsewhere. There's nothing that grants us an exemption, which we did look at. There's nothing that grants us an an exemption with the current codes to allow the vehicle to sit there unregistered.

Board Member

Could it be stored in the garage of the property?

Staff

It could be stored in the garage of the property. That would rectify the the violation.

Christine Sheppard

Okay. That would be great.

Staff

As long as it's not in public view, um it's properly stored. If it's in a garage, it would that would clear that.

Board Member

Uh, are you Is it driveable?

Christine Shepard

No, I had it um I had put it in a shop and when I got it out um like the 16th and it was even when I took it to Motor Vehicle, they said, "You have to drive the vehicle and um, you know, I guess when you don't drive it, it just deteriorated or something. It just

Board Member

Do you have intentions of getting it repaired and fixed or?

Christine Shepard

Um, well my adult, my minor children my adult children um have said so they're coming to remove the vehicle, but I can put it in that um garage.

Staff Member

Is there a deed to reflect title this or a title? You have a title?

Christine Shepard

Everything is together.

Staff Member

I see the marriage. I see

City Staff

Because what I'm seeing in the system is

Christine Shepard

the birth certificate of his minor children.

City Staff

Yeah, I'm just showing Christine Shepard as the primary owner. I'm not seeing any trust uh information included in here. So, uh it's just showing that as the primary owner. Usually it would say trust or care of, and that's not shown on the records.

Board Member 1

I think the problem is, can she put it in the garage? Is the garage open that she can put it in, and get it out of the public way?

Appellant

Yes.

Board Member 1

Because if that can happen, I'm not inclined to fine her under the circumstances. But it hasn't been done yet.

Fred A. Neil

A point. Do you, Mr. Chairman?

Board Member

I recognize uh Mr. Neil.

Fred A. Neil

A vehicle has to have a DMV title, doesn't it?

City Staff

Correct.

Fred A. Neil

And there is no title. There are no listed

Board Member 2

Mhm.

Board Member 1

So, and this is the first time I guess we have communicated specifically, if you do this, then we can waive this.

City Staff

The There is a title. That's why I'm pulling I'm pulling the DMV records. Um that's how I obtain this information. It is pulling the the records from DMV, and it's showing Christine Shepard as the primary owner of the vehicle.

Appellant

Yes.

Board Member 1

So basically, but that means that if it comes back, because they're going to look, it's really got to go into that garage fast.

City Staff

As the only owner of the vehicle.

Fred A. Neil

All right. I

Appellant

It's going to be in, I'm going to put it in the garage.

Board Member 2

Okay. So, can that happen like within two weeks or give me a time frame when you can get it in the garage?

Appellant

I have to clean the garage out, put all these belongings into storage, and then move—

Board Member 3

Can you store some that isn't in the car?

Appellant

No, I had items from his house.

Board Member 3

Wow.

Board Member 2

Um, also—

Appellant

But I can put it in storage and put the, um, items, put the vehicle in the, um, garage.

Board Member 2

What's a reasonable time for you to get that done?

Appellant

Probably the 1st of May.

Board Member 2

The 1st of May?

Appellant

Yeah, the 1st of May.

Board Member 3

That's three weeks.

Board Member 2

Yeah. Yeah, so by May 1st it won't be visible from the street anymore, unless your garage door is open and that happens sometimes.

Appellant

Right.

Board Member 2

But, yeah, so—

Board Member 1

Yeah, I'd be okay with with giving her until the 1st of May to remove that vehicle.

Board Member 2

If that's a motion, I will second it.

Chair

All right. It's been properly moved and seconded that this appeal be held in abeyance until May 1st, 2026, with the conditions of the vehicle would be removed from from the public view into the garage,

Board Member 1

Or elsewhere.

Chair

into the garage or elsewhere, um um until it is properly registered and repaired and until it's properly registered and repaired, you know, um, and serviceable. All those in favor signify by saying aye.

Board Member 1

Aye.

Chair

The motion carries. So, so that appeal is held in abeyance, meaning upon con upon you meeting these conditions, then you won't have to worry about it. Uh I'm pretty sure Mr. Miller or some others will be checking from time to time, okay?

Board Chair

legal expertise. Legal Aid basically preserve that... Got it.

Appellant

Mhm.

Chair

All right.

Appellant

Thank you.

Board Member 1

How how old are your minor children?

Board Member

Call Legal Aid.

Appellant

One is 13, and one is 12.

Board Member 1

So, you've got to hold it for 6 another 6 years before you can do anything?

Board Chair

Maybe you could call Legal Aid right now. They're public... You know Legal Aid? You've heard of that? Call Legal Aid.

Appellant

Yes.

Board Member 1

Wow. Okay. None of us are lawyers, don't take this...

Board Member

Yeah, they're on Walker Road. Yep, it's a free legal service. Got it. All right.

Appellant

I don't know why, because for one, I was giving away stuff he had, more stuff, I gave it to his adult children, and the court said I wasn't even supposed to do that. I was supposed to hold everything until... it's confusing and, you know...

City Staff

And if I if I could, well, just just for clarification, um if the vehicle is still there on May 1st, not only does this citation get reinstated, but it also opens up to for additional citations. Because you're in a very high-complaint area. So as people call in, we have to react to it. So, just want to make you aware of that.

Board Member 2

Yeah, you big, you need some help, you need somebody with...

Denise Williams

Yeah. Cannon Mills.

City Staff

Cannon Mills. Yeah, they're an active area. They're they're very active, so we we have to respond to that, so.

City Staff

Yeah, just just to make you aware, um it could result in additional citations if it's not removed.

Board Chair

Wish you the best. Thank you.

Board Chair

All right. The now we are here for issue number four, Property Maintenance Code violation, Chapter 3, General Requirements, Section 302.8, Motor vehicles, appeal of citation and related fines for uh individual um for the address 228 Balmart Way. Uh Denise Williams is who is named, but Namil Moore is here to represent as he identifies the vehicle as his vehicle. Now I understand there may be something we need to go off the record for?

City Solicitor

So, I'm just going to ask, is there a power of attorney for him to act on behalf of the owner, because this goes against the owner of the property and I'm...

City Staff

Although he's the vehicle owner, he cannot represent the owner without a power of attorney.

Appellant

This is my grandma's, but she... I have... she can hear, but I didn't know she had to...

City Staff

Yeah, she would have to be here, cuz even though it's your vehicle, it's her property, and the violation's against the property.

Board Member

Can she call into a number and—

City Staff

She could.

Board Member

I mean that would be a way that she could be present.

City Staff

She just got—she just has to be present.

Female Speaker

Thank you. Thank you.

Board Member

With this why he's calling for the misunderstand of the representation, is this one that someone showed up that can be rescheduled?

City Staff

Yeah, I would be inclined to reschedule this if the City agrees, for sure.

Board Member

There was good faith effort.

Board Member

Just for clarification, no further enforcement happens until...

Board Member

this appeal has been resolved, so. It's not like in compliance with everything, so.

Board Member

There you go. So he's already come into compliance with everything.

Code Enforcement Officer

He has, yes.

Board Member

Okay.

Code Enforcement Officer

And he, yeah, he called me, um, after he got the citation and we talked and I said, you know, it had flat tires on it, that's what, that was basing the abandoned vehicle portion. Then he said, I'll take care of it today and the next day I went out and it was taken care of. Car registered and insured. So, I'm good.

Board Member 2

But it would have been more than 30 days after the original notice was sent?

Code Enforcement Officer

Um, well if he...

Board Member

Once he got the notice, he called.

Code Enforcement Officer

Yeah, he, he had the, the tag. He didn't call me to talk about what the registration or what the vehicle was abandoned for until after he got the citation. He had already taken a step to, um, update, update the registration for the vehicle.

Board Member

Okay.

City Staff

And she, she isn't picking up, so... Reschedule.

Code Enforcement Officer

the repair has been done at the time the citation was issued, it was in violation.

Board Member

All right.

Board Member 1

In other words, that first letter went out, and then the second letter went out. Is that when he contacted you?

Board Member

So Code Enforcement, what's the pleasure based on the testimony of your...

Code Enforcement Officer

So I had originally wrote up the property for two things: the abandoned, unregistered vehicle on the property, and then the display address numbers were missing on the house. So the house was not numbered 228 for the street. Okay. That was repaired at the second inspection. The plates were the same because they're Pennsylvania tags, they don't have anything on them, and the tires were flat. So...

City Staff

I would be inclined to reschedule unless you wanted to move forward anyway based on Code Enforcement's side, but it doesn't give a defense to the, the homeowner.

Board Member

So we can't recognize the repair unless the homeowner...

City Staff

That would be at your pleasure. I mean, although...

Board Member 2

Is the car registered? There's a tag on it.

Code Enforcement Officer

Yes, there's a Pennsylvania tag on it.

Board Member 3

We just think it's the best to reschedule, right? Yeah, we'll wait for him.

City Staff

That would be my recommendation, because they can't they can't do a a defense, right? It will be impartial, too.

Board Member 3

All right. Well, based on So we don't even have Do we have to make I move that we we reschedule this appeal and we with uh instructions to tell to tell the individual Denise Williams that the her presence is required to be here.

Board Member 1

Yeah, but she can't call in and uh...

Speaker 1

No, she would be here, but she's just she's just a little older, so it's kind of hard for her to move, and she was going to leave the house today.

Board Member 1

Right. That's why I said that like you can still come on her behalf, she can authorize you to be here, and then she can, as long as she calls in to hear that.

Speaker 1

Yeah, but we can't even talk about this anymore, right?

Staff Member

It's not It's not considered for testimony, but you can I can't stop you from...

Board Member 2

Second.

Board Member 1

Motion properly moved and seconded. All in favor, signify by saying aye.

Board Member 2

Well, do you want to Huh? Adjourn?

Board Member 3

Aye.

Board Member 2

Aye.

Board Member 1

Uh, I I move for adjournment of the Uh, second?

Board Member 3

Uh, and give give her the date.

Code Enforcement Officer

Yeah, and I think just just for clarification, she can call in. So, she doesn't necessarily have to be here.

Board Member 2

Mr. Crosby will second.

Board Member 1

All in favor signify by aye.

Board Member 2

Aye.

Board Member 1

Aye. This is the It is It's It's adjourned.