CPMCBA Packet Revised

CITY OF DOVER, DELAWARE CONSTRUCTION AND PROPERTY MAINTENANCE CODE BOARD OF APPEALS Wednesday, May 27, 2026 at 3:30 PM City Hall Conference Room, 15 Loockerman Plaza, Dover, Delaware AGENDA THIS AGENDA HAS BEEN REVISED TO CORRECT THE APPEAL RELATED TO ITEM #1 - APPEAL OF CITATION FOR FAILURE TO OBTAIN A BUILDING PERMIT VIRTUAL MEETING NOTICE This meeting will be held in the City Hall Conference Room with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/a3z14t Event number: 2539 422 8383 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 TO ORDER ADOPTION OF AGENDA 1. 2009 International Residential Code Violation (Chapter 1 – Scope and Administration, Section R105 – Permits) - Appeal of Citation for Failure to Obtain a Building Permit - 103 Lady Bug Drive (Amber Whitley) 2. 2009 International Property Maintenance Code (Chapter 3 - General Requirements, Section 302.8 - Motor Vehicles) - Appeal of Citation and Related Fines - 209 West Division Street (Edmund Njubigbo) ADJOURNMENT 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 OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 1

Color profile: Generic CMYK printer profile Composite Default screen Item 1. SCOPE AND ADMINISTRATION alternative materials or methods, the building official shall Electrical: have the authority to require tests as evidence of compliance 1. Listed cord-and-plug connected temporary decorative to be made at no expense to the jurisdiction. Test methods lighting. shall be as specified in this code or by other recognized test standards. In the absence of recognized and accepted test 2. Reinstallation of attachment plug receptacles but not the methods, the building official shall approve the testing pro- outlets therefor. cedures. Tests shall be performed by an approved agency. 3. Replacement of branch circuit overcurrent devices of the Reports of such tests shall be retained by the building offi- required capacity in the same location. cial for the period required for retention of public records. 4. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. SECTION R105 PERMITS 5. Minor repair work, including the replacement of lamps or the connection of approved portable electrical equip- R105.1 Required. Any owner or authorized agent who intends ment to approved permanently installed receptacles. to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect, install, Gas: enlarge, alter, repair, remove, convert or replace any electrical, 1. Portable heating, cooking or clothes drying appliances. gas, mechanical or plumbing system, the installation of which 2. Replacement of any minor part that does not alter is regulated by this code, or to cause any such work to be done, approval of equipment or make such equipment unsafe. shall first make application to the building official and obtain the required permit. 3. Portable-fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a R105.2 Work exempt from permit. Permits shall not be power grid. required for the following. Exemption from permit require- ments of this code shall not be deemed to grant authorization Mechanical: for any work to be done in any manner in violation of the provi- 1. Portable heating appliances. sions of this code or any other laws or ordinances of this juris- 2. Portable ventilation appliances. diction. 3. Portable cooling units. Building: 4. Steam, hot- or chilled-water piping within any heating or 1. One-story detached accessory structures used as tool cooling equipment regulated by this code. and storage sheds, playhouses and similar uses, pro- 5. Replacement of any minor part that does not alter vided the floor area does not exceed 200 square feet approval of equipment or make such equipment unsafe. (18.58 m2). 6. Portable evaporative coolers. 2. Fences not over 6 feet (1829 mm) high. 7. Self-contained refrigeration systems containing 10 3. Retaining walls that are not over 4 feet (1219 mm) in pounds (4.54 kg) or less of refrigerant or that are actuated height measured from the bottom of the footing to the by motors of 1 horsepower (746 W) or less. top of the wall, unless supporting a surcharge. 8. Portable-fuel-cell appliances that are not connected to a 4. Water tanks supported directly upon grade if the capac- fixed piping system and are not interconnected to a ity does not exceed 5,000 gallons (18 927 L) and the ratio power grid. of height to diameter or width does not exceed 2 to 1. The stopping of leaks in drains, water, soil, waste or vent 5. Sidewalks and driveways. pipe; provided, however, that if any concealed trap, drainpipe, 6. Painting, papering, tiling, carpeting, cabinets, counter water, soil, waste or vent pipe becomes defective and it tops and similar finish work. becomes necessary to remove and replace the same with new material, such work shall be considered as new work and a per- 7. Prefabricated swimming pools that are less than 24 mit shall be obtained and inspection made as provided in this inches (610 mm) deep. code. 8. Swings and other playground equipment. The clearing of stoppages or the repairing of leaks in pipes, 9. Window awnings supported by an exterior wall which valves or fixtures, and the removal and reinstallation of water do not project more than 54 inches (1372 mm) from the closets, provided such repairs do not involve or require the exterior wall and do not require additional support. replacement or rearrangement of valves, pipes or fixtures. 10. Decks not exceeding 200 square feet (18.58 m2) in area, R105.2.1 Emergency repairs. Where equipment replace- that are not more than 30 inches (762 mm) above grade ments and repairs must be performed in an emergency situa- at any point, are not attached to a dwelling and do not tion, the permit application shall be submitted within the serve the exit door required by Section R311.4. next working business day to the building official. 2009 INTERNATIONAL RESIDENTIAL CODE® 3 2 01_IRC_2009.prn 3 M:\data\CODES\2009 I-Codes\Residential\Final VP_Chgo\01_IRC_2009.vp Thursday, March 19, 2009 10:53:19 AM

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City of Dover Item 1. May 6, 2026 Amber Whitley 103 Lady Bug Drive Dover, DE 19901 Whitley.amber@gmail.com RE: Deck Permit Application #26-453, 103 Lady Bug Drive, Dover DE (located in Clearview Meadows PND) Tax Parcel: ED05-077.07-07-12.00-000 Dear Ms. Whitley: We have reviewed your permit application for a detached deck and gazebo at 103 Lady Bug Drive in Dover, Delaware. Unfortunately, we are unable to issue the permit, as the deck with gazebo does not comply with the Zoning Ordinance, Article 4 §4.11 and Article 5 §1.1. Permit #26-453 was only reviewed for compliance with the provisions of the Zoning Ordinance and this review does not ensure that the deck and gazebo project (as already constructed) would be in compliance with the adopted Building Codes for the City of Dover. According to Zoning Ordinance, Article 4 §4.11, the maximum lot coverage for the lot is 75%. An open deck does not count toward lot coverage, but as the deck includes a gazebo, it is counted toward lot coverage. Based on information provided and on record with the City, the lot coverage is approximately 78%. According to Zoning Ordinance, Article 5 §1.1: 1.1 Accessory buildings. An accessory building may be located in any required side or rear yard provided: 1.11 Such buildings shall not exceed 15 feet in height. 1.12 Such buildings shall be set back five feet from any lot line and shall not be located less than ten feet from an adjoining principal structure. 1.13 All such buildings in the aggregate shall not occupy more than 30 percent of the area of the required rear and side yard. The gazebo mounted on the deck does not comply with the required setback of five feet from the side and rear property line, and it occupies more than 30% of the rear yard. If you wish to file an application to the Board of Adjustment to request a variance from these restrictions, please contact the Planning Office during normal business hours at (302) 736-7196. Sincerely, Department of Planning & Inspections Dawn Melson-Williams, AICP Principal Planner DEMW:amt P. O. Box 475 Dover, DE 19903 82 Community Excellence Through Quality Service

Item 2. CHAPTER 3 GENERAL REQUIREMENTS SECTION 301 property in violation and cut and destroy the weeds growing GENERAL thereon, and the costs of such removal shall be paid by the owner or agent responsible for the property. 301.1 Scope. The provisions of this chapter shall govern the minimum conditions and the responsibilities of persons for 302.5 Rodent harborage. All structures and exterior property maintenance of structures, equipment and exterior property. shall be kept free from rodent harborage and infestation. Where rodents are found, they shall be promptly exterminated by 301.2 Responsibility. The owner of the premises shall main- approved processes which will not be injurious to human tain the structures and exterior property in compliance with health. After extermination, proper precautions shall be taken these requirements, except as otherwise provided for in this to eliminate rodent harborage and prevent reinfestation. code. A person shall not occupy as owner-occupant or permit another person to occupy premises which are not in a sanitary 302.6 Exhaust vents. Pipes, ducts, conductors, fans or blowers and safe condition and which do not comply with the require- shall not discharge gases, steam, vapor, hot air, grease, smoke, ments of this chapter. Occupants of a dwelling unit, rooming odors or other gaseous or particulate wastes directly upon abut- unit or housekeeping unit are responsible for keeping in a ting or adjacent public or private property or t.hat of another ten- clean, sanitary and safe condition that part of the dwelling unit, ant. rooming unit, housekeeping unit or premises which they · 302.7 Accessory structures. All accessory structures, includ- occupy and control. ing detached garages, fences and walls, shall be maintained 301.3 Vacant structures and land. All vacant structures and str ctu lly sound and in good repair. premises thereof or vacant land shall be maintained in a clean, Motor vehicles. Except as provided for in other regula- safe, secure and sanitary condition as provided herein so as not 1ons, no inoperative or unlicensed motor vehicle shall be to cause a blighting problem or adversely affect the public parked, kept or stored on any premises, and no vehicle shall at health or safety. any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles is prohibited unless conducted inside an approved spray booth. SECTION 302 EXTERIOR PROPERTY AREAS Exception: A vehicle of any type is permitted to undergo major overhaul, including body work, provided that such 302.1 Sanitation. All exterior property and premises shall be work is performed inside a structure or similarly enclosed maintained in a clean, safe and sanitary condition. The occu- area designed and approved for such purposes. pant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition. 302.9 Defacement of property. No person shall willfully or wantonly damage, mutilate or deface any exterior surface of 302.2 Grading and drainage. All premises shall be graded any structure or building on any private or public property by and maintained to prevent the erosion of soil and to prevent the placing thereon any marking, carving or graffiti. accumulation of stagnant water thereon, or within any structure located thereon. It shall be the responsibility of the owner to restore said sur- face to an approved state of maintenance and repair. Exception: Approved retention areas and reservoirs. 302.3 Sidewalks and driveways. All sidewalks, walkways, stairs, driveways, parking spaces and similar areas shall be kept SECTION 303 in a proper state of repair, and maintained free from hazardous SWIMMING POOLS, SPAS AND HOT TUBS conditions. 303.1 Swimming pools. Swimming pools shall be maintained 302.4 Weeds. All premises and exterior property shall be main- in a clean and sanitary condition, and in good repair. tained free from weeds or plant growth in excess of Gmisdic- 303.2 Enclosures. Private swimming pools, hot tubs and spas, tion to insert height in inches). All noxious weeds shall be containing water more than 24 inches (610 mm) iri depth shall prohibited. Weeds shall be defined as all grasses, annual plants be completely surrounded by a fence or banier at least·48 and vegetation, other than trees or shrubs provided; however, inches (1219 mm) in height above the finished ground level this term shall not include cultivated flowers and gardens. measured on the side of the barrier away from the pool. Gates Upon failure of the owner or agent having charge of a prop- and doors in such barriers shall be self-closing and self-latch- erty to cut and destroy weeds after service of a notice of viola- ing. Where the self-latching device is less than 54 inches (1372 tion, they shall be subject to prosecution in accordance with mm) above the bottom of the gate, the release mechanism shall Section 106.3 and as prescribed by the authority having juris- be located on the pool side of the gate. Self-closing and self- diction. Upon failure to comply with the notice of violation, latching gates shall be maintained such that the gate will posi- any duly authorized employee of the jurisdiction or contractor tively close and latch when released from an open position of 6 hired by the jurisdiction shall be auth01ized to enter upon the inches (152 mm) from the gatepost. No existing pool enclosure 2009 INTERNATIONAL PROPERTY MAINTENANCE CODE® 83 11

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<!Cttp of 11Bober Item 2. May 15, 2026 Edmund Njubigbo 209 West Division Street Dover, DE 19904 Re: Appeal of Citation #26-00000900-01 and Related Fines - 209 West Division Street, Dover, DE 19904 Dear Mr. Njubigbo, We have received your request to appeal the citation and fines related to the violation of the 2009 International Property Maintenance Code - Chapter 3 - General Requirements, Section 302.8 - Motor Vehicles. A meeting of the Construction and Property Maintenance Code Board of Appeals has been rescheduled for Wednesday, May 27t11 , at 3:30 p.m. to hear your appeal. This meeting will be held in the City Hall Conference Room, 15 Loockerman Plaza, Dover, DE 19901, with electronic access via Webex, available on a computer, smartphone, or by telephone. Below, I have listed the information needed to access the meeting electronically. If you have any additional documentation that you would like the Board to review when considering your appeal, please provide this information to the City Clerk's Office prior to the appeal hearing. Please feel free to contact me by email at cityclerk@dover.de.us or by phone at (302) 736-7008 if you have any questions or concerns. Dial: 1-650-479-3208 Link: https://rb.gy/a3z14t Event number: 2539 422 8383 Event password: DOVER (if needed) 1'.. ielle Rivera Assistant City Clerk cc: Dan Griffith, City Solicitor Sharon Duca, Assistant City Manager Dawn Melson-Williams, Principal Planner Eddie Kopp, Chief Code Enforcement Officer Matthew Layfield, Code Enforcement Officer P.O. Box 475 ❖ Dover, Delaware❖ 19903 QCommunitp qexcellence 'filbrougb <muahtp �erbice 86

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