Transcript: Code Board of Appeals Meeting

Roy Sudler, Jr.

Okay. I now call to order the Code Board of Appeals uh meeting. I will accept a motion to uh adopt the agenda. Question.

Fred A. Neil

Neil seconds.

Roy Sudler, Jr.

All right. It's been a motion to adopt the agenda as presented. It's been properly moved uh and seconded. Uh is there any discussion on the motion?

Roy Sudler, Jr.

Hearing none, all those in favor, please stay by saying aye.

Fred A. Neil

Aye.

Roy Sudler, Jr.

Those opposed, please say by saying nay. All right, the motion is adopted.

Roy Sudler, Jr.

Item one: Dover Code, ordinance violation chapter 22, building and building regulations article 10 rental dwelling division one, generally section 22-332, inspection required, appeal of citation and related fines 48 Heatherfield Way, Morgan Lockerman.

Roy Sudler, Jr.

Okay. All right, I'm I I must recuse myself. Um I am close friends with uh her father, uh Ron Lockerman, so I'm going to step out and ask for Council President to uh preside over this matter.

Fred A. Neil

Okay. Let's uh have a report from our code inspectors, if you would please, in terms of the the notice to Morgan Lockerman at 48 Heathfield uh May Way in Dover.

Thomas Mello

Uh I'm Thomas Mello and I'm a code enforcement officer with the City of Dover. Um on January 23rd, I sent out a notification

City Staff

inspection for an annual inspection. The mailing address of 48 Heatherly Way, did not hear anything. Sent a another notification out with the citation on February 26th. 2026, the same address. Return mail was given back to me, and I posted it on the property. And that's when I heard.

Board Member

Any additional information or questions from the panel?

City Staff

No.

Board Member

Yeah. Uh Mr. Lockerman, a very famous name. What, can you

Ms. Lockerman

It's Miss Lockerman. It's Miss. Yeah.

Board Member

Miss Miss Lockerman, sorry about that. Forgive me. Morgan goes both ways. But in any case,

Board Member

uh this is rental property. Uh

Board Member

what do you have to say in terms of the fact that we have evidence that letters have been sent to you on this and that the inspections have not taken place?

Ms. Lockerman

Yeah, so I never received anything in the mail. I had a tenant that I could never get a hold of who I ended up having to um I had to get her uh evicted from my from the property. And then the neighbor who when I was doing a renovations to the house, the neighbor advised me that there was the something posted to the door. Because I had done my my renovations, there was something posted to the door, and that's when I found out that this was something that had to be done. Because I changed my uh I changed my address with the City of Dover, but apparently I had to change it with the tax office, which I knew none of that. Um

Appellant

So like I said, I just never received anything prior to this one that came taped to the door on the 26th of February.

Board Member

Did you reach out to the office to reset a chance for them to come in to inspect?

Appellant

I'm sorry?

Board Member

Did you reach out to the code office to ask them if you could when they could come out and inspect?

Appellant

Yes. They I believe that's already been scheduled. They came out last week or two weeks ago. The inspection has already been done.

Board Member

Well, I'll ask the code inspectors what occurred because of that.

Code Inspector

Um, I did do an inspection on that property and if my memory is correct, there was a loose toilet and a smoke detector that wasn't working.

Board Member

Uh Mr. Kopp.

Eddie Kopp

All right. Eddie Kopp, Chief Code Enforcement Officer for the City of Dover. Um and I just want to reference Section 22-225 violations of the Dover Code of Ordinances. Uh item D, owner's address. The owner of The owner of the property shall be responsible for maintaining an accurate mailing address with the City of Dover Tax Office at all times. That is uh in the current City of Dover Code of Ordinances. Uh It It is an amendment of code, so on the on behalf of Code Enforcement, this was a violation of the code. So although the we did send to the last known address on file, the owner failed...

Code Enforcement Staff

able to uh follow the code under section 22-225. Uh so therefore uh we believe that this violation was issued in compliance with the code, and our interpretation is that it was issued lawfully and justly. Uh and on behalf of code enforcement, we would ask that the appeal be denied due to such.

Board Member

So basically, you there is nothing in there to indicate there was a a change that you could send it to because I'm here looking at certified mail right here that this document that that I hold in my hand. That is So that was not done.

Code Enforcement Staff

That That was sent to the last known address on file in accordance with code.

Board Member

Yeah.

Code Enforcement Staff

So uh the address was never updated with the tax office um under section 22-225, so we sent it to the address that we had on file. So uh there was not compliance with section 225 of the Dover Code of Ordinances to update the tax office.

Appellant

that was October of 20 um 202- 1- 20- 3, October of 2023, I had an inspection, because I had to have an inspection for to my for the first time I rented it out, and at that point, I like I had to update all of my addresses because I had to have rental license. So when it comes to the tax office, like I all that's part of my mortgage, like I don't no I had no idea that I had to contact them because the City of Dover had my address. Because I had to update it when I got like I said, when I got my license, and they contact me in regards to my rental license, I've gotten all that, like I've always had my rental license up to date. Anything other than that, like I've never like I said, this

Board Member 2

Excuse me. The the only question I have, and thanks for participating today, I appreciate that, is was there any reason that would prevent you from notifying the city of your address, the proper address? And then my second question is, when did your address change? What date did it become effective?

Appellant

Are you speaking to me?

Board Member 2

Yes.

Appellant

Yeah, so I changed my address um it would have been uh when I moved out, and I reached out to the City of Dover to have my rental license and everything uh

Roy Sudler, Jr.

So I just want to clarify--

Appellant

I would have changed--

Roy Sudler, Jr.

Sorry for interrupting you. Your rental license was modified or updated back in approximately 2023, but the only thing that you did not update was the tax office?

Edward Kopp

there was an issue with owners not updating their address, which is why it was further embedded into code, which is why it's in the code now. So it is the responsibility of the owners and the citizens to verify the code. Um, to further explain that is if you're speeding down the highway, right? You can't use the excuse you didn't know. So the ignorance of the speed limits is not, it's not a defense, um, when it comes to these things. So just like you could say, 'Oh hey, I didn't know the speed limit was 55', it's your responsibility to, to verify that. Um, same thing with the code. It's your responsibility to ensure that you comply with the code, especially if you're conducting a business, and rentals are businesses. Um, one of the things we try to educate people on quite frequently is familiarize yourself with the code, understand the code, um, and do research. So this is a business that's being ran, um, and uh, it's their responsibility to, to ensure that they're in compliance with it.

Appellant

Correct, I yes. I everything I got all communication in regards to from the City of Dover, my bills, my trash bills, my rental license, the renewal for my rental license, all that came to my address.

Roy Sudler, Jr.

Mr. Coppola, just thank you for clarity. Is there a way do you have access to these entities, these that she's describing?

Eddie Coppola

To the rental dwelling permit?

Roy Sudler, Jr.

Yeah.

Eddie Coppola

We do, um. We do have access to rental dwelling permit, but by code, we have to go by the tax records. So we have to look to the last known address on file

Board Member

Thank you, Chief.

Board Member

Okay, Mr. Kopp, when the tax bill goes out, can you find out where that tax bill went?

Edward Kopp

Yeah, so the tax bill is going to go to the last known address on file, which is the address of the rental, 48 Heatherfield Way.

Board Member

So that was not done. So how does she get her tax bill?

Edward Kopp

So, uh, I don't, it's being sent out to 48 Heatherfield Way. Um, I do know there's a way to opt in to electronic, and a lot of places with the tax bill will have it come straight out of your mortgage. So, uh, we hear a lot of people just disregard that bill.

Board Member

So without

Board Member 1

words, if the tax bill got there to her, then why wouldn't the the address sent to her in March not get to her?

Board Member 2

Pardon me. I'm sorry. I don't I don't have that one. That's the next one.

City Staff 1

So, by code, we have to send first class or certified mail. Yeah. Um, the tax bill, I believe they can send via email. We cannot. So, we have to send to the last known address on file. And it has to be a physical mailing address. So, it could be that the tax bill was emailed. I I can't speak to that. I I can't say.

Board Member 1

That she got, but this notice she did not.

City Staff 1

Correct.

Board Member 1

Okay. I don't I don't see any forgiveness on this. What What What is the actual tax?

City Staff 1

Uh, the the the fine was $100.

Board Member 1

Has the property been inspected now?

City Staff 2

Yes.

Board Member 1

Is it in good shape?

City Staff 2

There was there was two issues and they were fixed.

Board Member 1

When is that due to be be resolved?

City Staff 2

Next two weeks I'll have the reinspection on it.

Board Member 2

So, we can we can want to pursue the vote if she has any more questions?

Board Member 1

Would you make a motion to...

Board Member 3

Yeah, I make the motion to, um, deny this fine.

Board Member 1

Okay, I will second that, and

Fred A. Neil

All in favor?

Council Member

Aye.

Fred A. Neil

Aye. And unfortunately, the fine will basically stand. And I'm sorry for that, but I'm glad that moving forward, hopefully, we'll not have the problem again.

Donyale M. Hall

Councilman Neil, I did have a question.

Fred A. Neil

Yes.

Donyale M. Hall

Um, for the the constituent that's that's on the phone, um, did did she have her address that she lives at on the tax paper, or did she not or did she have the address that she is renting on the tax slip?

Caller

My my address Everything is through my mortgage company. I don't I do everything through my mortgage company. So everything would be sent with my mortgage statement at the end of the year. I don't know...

Donyale M. Hall

Okay, so you didn't receive any notification whatsoever besides the one that was on your door?

Caller

Correct.

Donyale M. Hall

So I I I find a little bit fault right there uh of code enforcement, to tell you the truth. If in As a homeowner, if I have everything run by my mortgage company, and you're sending an at- uh uh code enforcement to an address that I'm renting, and you have that uh somebody could have easily taken notices off if you stapled it, or even if you mailed it, it it's I I find it just a little iffy on how are you supposed to get something if you're not at that residence? Even though you Not everybody knows you're supposed to update this, that, and the other.

Board Member

I mean, how to say it or whatever, I know we have to contact code enforcement because I've done it before, but in respect of if it's done through a mortgage company and you're sending a notice to the address and that person that is renting that property doesn't visit that address and open the mailbox and say, "Look, I got a notice." They're not going to know what you know, what is what, unless, of course, you send it to their name or an email that you may have on file. Did we reach out, you know, in other forms to reach this young lady about this code enforcement issue, Mr. Cobb?

Mr. Cobb

Um so to respond, by code and by legal opinion, we cannot reach out via email. We have to send first class um or certified mail according to the code. Uh this has been an issue in the past where tenants um sabotage the mail, which is why there's a provision in code. And that should be your interpretation. The provision in code was it's the owner's responsibility to maintain um a current address with the tax office. The issue at hand is that wasn't done. So had the owner followed through with the requirements of code, she would have been properly notified. But the the failure to do so is why it which is why the mail was sent to the rental dwelling.

Board Member

Is that Is that still her address, or is that not her address?

City Staff

So, the last known address on file is what she provided. The last address she provided to the tax office was 48 Heatherfield Way. Legally, that's the address we have to go by. So,

Board Member

And as far as the certified mail, was it signed certified mail? Like did she receive this or was it just certified as delivered through the mail and if it's not opened or picked up, it's left at the at the uh post office?

Board Member

Okay. So you originally did not have the the the um owner of the property's original address?

City Staff

So it was posted to the property, but if if I may, um, I want to read into the record, um, 2009 International Property Maintenance Code Section 107.3, Method of Service: Such notice shall be deemed to be properly served if a copy thereof is personally delivered, sent via certified or first class mail and addressed to the last known address, or if the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice. Uh So, in accordance to code, it was sent via certified mail. When it was returned, it was placed in conspicuous place uh on or about the structure affected by such notice, so that is in compliance with the code.

Mr. Cobb

We had the last known address on file.

Female Speaker

Okay, well, where were you?

Male Speaker

Uh, I was waiting for you at launch at 10:00 at this place.

Female Speaker

So, I mean sticking it on the door or, you know, somewhere where anything can happen to it, necessarily isn't called giving it to that person as certified.

Male Speaker

So, I understand what you're saying, but the the mitigating factor to this is the address was not updated. So, to alleviate the posting of the notice, if the address was updated in accordance with code, it would never had to be posted to the door. But in accordance with code, and this isn't best practice, this is the international code. This is This is what happens throughout the country is we send it certified mail, in the event it is sent back, it's then posted to the property. That's in accordance with code.

Board Member

Okay. I I'm I I'm still I'm I'm still on on on the edge of it wasn't placed in the person's hands to say, okay, she received it. That that's I mean, you can stick and I can stick a notice on your door that says, you know, meet me for lunch at 10:00, and the wind blow it off, and then you go--

Male Speaker

So, it's

Female Speaker

Okay. And where where do Where do we, um, in generalization as a homeowner, where would I know find this knowledge that I'm supposed to update things and and everything else if you have an address of where the violation is happening? Why would you send it to a different address of where the violation is not? It it's kind of like what my question is, there's a violation at this address, yes, you sent the the notices to the last known address, which is the one that has the violations, but in in respect that if you're sending it to where she lives now, then that would it wouldn't be a violation of where she's living now. It'd be a violation of a property that she owns. So, you should technically have all that information if, you know, she moved.

Female Speaker

and now using that place as a rental property. So I I think it's a a negligence in both respects that, you know, code enforcement didn't reach out a little bit when, you know, a little bit more, to tell you the truth.

Male Speaker 1

Well, if if I could, it's not negligence on the behalf of code enforcement because we follow the code. It's It's black and white. So, it's we we did follow the code, and I understand your opinion on the matter, but the the the code, it's about the interpretation of code, and we follow the code to the T.

Female Speaker

The interpretation of code means when you certify something and someone receives certification, that means it reached that person certified. So you guys didn't hand that notification to the the owner of this property that's renting it. You left it for her to find on a door. So by code, technically, certification means it being presented to that person in their hands for certification that they received it.

Male Speaker 2

Okay. So Can I just want to say I I Okay. I appreciate I applaud you for all your you're an amazing articulate, I really do. My daughter works for the judges in in this in the county, and she deals with she's a negotiator mediator. I'm just on a side note. And their rules are kind of they're kind of weird a little bit when it comes to eviction. But they they all do You would think they would have better rules. In this circumstance, he they're following they're complying 100%. I agree with you, maybe there should be like a hand transfer. That would be like a process

Board Member 1

you know what I'm trying to say, with the court action. So, yours is conducive, your argument, I totally agree. But like in Delaware, they do the same thing. They just post your eviction on the outside of your door. If you're out of town and you don't get that notice because it blows away, now my daughter has to theoretically evict you because, I hear your argument, but for this case,

Board Member 1

I just think, I personally think if if it wasn't a business, and because it is a business entity, I think, I'm not saying you could have done a better job, but I think when it comes to businesses, you know, you should everyone should have a wherewithal of every little element and every little aspect of the code versus putting the whole preponderance on the the tenant.

Board Member 1

It it's just kind of like one of those sticky situations. The code says this, and you're being held accountable for that code. And maybe, we have President Neil here, maybe, I don't know how Council does it, but maybe that could be something that they could discuss, you know, augment, maybe in the future. I can't answer that, that would be something that President Neil, that they maybe could discuss with his colleagues of maybe change based on your feedback. So, I I appreciate your feedback, I really do.

Board Member 2

The question is, do we educate somebody who's renting? Is there any documents dealing with someone who rents?

City Staff

So, we do tend to - we try to get out as much as we can, so get in HOAs. We try to explain as we're out there conducting business. I will say there's about 8,000 rentals in the city,

City Staff

rental units in the city. Um, we can't educate everyone. But we do as we can. And we we try our best to educate everyone we can. Um, but at the end of the day, it is the owner's responsibility to ensure they're in compliance um with the code.

Board Member

So I I think basically what we need to do is go back in and make sure that there's at least one sheet that will identify you're going to be a uh you're going to rent this property, these are things that must happen. So that she knows that if she changes her address, and it's not in there, there's a good chance that she will may not get the notice if she's not there, if her tenant is going to tear it up,

City Staff

Mhm.

Board Member

or not show it. But you've done what you're supposed to do. So we can go back and look at that in terms of what that ordinance says, and add that there has to be a piece of education uh in there, making sure that those steps have to be there, and when they say they're coming around to inspect, that that inspection will take place hopefully within that body of time, because it's costing us time to send somebody out time, and time, and time again to do what they basically have to do.

City Staff

Um, I think the biggest thing is just be putting a disclaimer on the rental license uh application,

Board Member

Yes.

City Staff

that, you know, and uh put a disclaimer on there or something that they signed, cuz you have to sign the rental license application, but just

Board Member

that they've reviewed and would comply with all, all Dover codes.

Chair

Yes, I think basically that would be wise.

Board Member

That's the simplest.

Chair

to see what we can do to implement that, whether we have to do it formally or informally to do that.

Chair

Okay.

Board Member

Did they disconnect?

City Staff

No, they're still there.

Board Member

Oh, good. All right.

Board Member

Did you hear that, uh, ma'am?

Ms. Lockerman

Uh, I mean, I don't know what what was meant for me to hear because I...

Chair

Ms. Lockerman? We have Ms. Lockerman still on?

City Staff

Yes, we do.

Ms. Lockerman

Yes, I'm here.

Chair

Ms. Lockerman, did you hear that?

Ms. Lockerman

Yes.

Chair

Okay.

Chair

All right. Uh, we've taken a vote. This part of the business is finished. We now have a, our second person. Are they here?

City Staff

They will not be here.

Chair

True Road.

City Staff

If I could speak, uh, briefly to item number two on behalf of the city, um, the appellant called in today, she said she would not be available, um, for the appeal. She was advised that...

Unknown Speaker

Uh, Councilman, Councilman Sudler.

Unknown Speaker

We're good, Gerald.

Board Member

Okay. Okay. Correct. What do we hear?

Unknown Speaker

Mayor Christiansen.

Robin R. Christiansen

Thank you.

City Staff

If I could continue, the appellant reached out earlier, advised that she wouldn't be able to make the meeting. She was advised that failure to come to the meeting, or she wanted to withdraw from the meeting. She was advised that failure to come to the meeting would result in the city recommending the appeal be denied due to a no-show. She said she had other obligations. So, this meeting was, it was scheduled, it was the appellant was properly notified, she was aware that the meeting was today, and is not present. So, on behalf of the city, I recommend that item number two be denied due to no-show of the appellant. Thank you.

City Staff

Thank you. I'll resume. Item number two, Dover Code Ordinance violation, chapter 46, Fire Prevention and Protection, section 46-1, Means of egress. Appeal of citation related to fines, 286 True Road, uh, Bridgette Knopfler.

Board Member

Okay, I'll excuse myself again.

Chair

Nice having you here.

Board Member

Yes.

Board Member

For the record, can we read into the record what the the penalty was for? And I mean, you had pictures, so we saw it, basically the pictures.

City Staff

So, the citation was issued for failure to remove obstruction from means of egress in violation of Dover Code of Ordinances 46-1, means of egress. On the entryway of the house, as seen in the pictures, it was blocked with excessive material preventing egress from the front door. I might add that the stuff blocked up there is highly combustible material, which further poses a fire risk. If a match would hit that, that that house would have taken off pretty rapidly.

Board Member

And that was over a period of of several months?

City Staff

Correct. Uh, his case started back on March the 13th of 2026, I believe, let me just verify.

City Staff

No, I'm sorry, the case started February 11th of 2026, and the citation was issued April or citation was issued March 13th of 2026. So 30 days later, the citation was issued for non-compliance.

Board Chair

Do we have any idea whether it's been cleared, or does that subject to a new inspection?

City Staff

So, as of last inspection, it was not cleared. Um, the appellant advises it's cleared now, I believe. Is that...

Female Board Member

I'm not sure.

City Staff

All right. So, we don't know if it's been cleared yet or not.

Board Chair

So it's, uh, she may be coming back again, possibly.

City Staff

Correct.

Board Chair

Okay.

City Staff

So if it's if it's not cleared on the follow-up date, um, or if the result of of this hearing, it will be reinspected, and further fees will be assessed if it's still there.

Board Chair

Okay, thank you very much. I think that was important to have that on the record. Uh, Mr. Skeen, do you have a motion?

James Skeen

Yeah, I I file a motion to uh deny this appeal.

Board Chair

I second. All in favor?

James Skeen

Aye.

Board Chair

Aye.

Female Board Member

Aye.

Board Chair

With that, our business today is done. Thank you, sir.

Board Chair

Adjourned.

City Staff

Thank you, guys.

Board Chair

Adjourn.