Transcript: Construction & Property Maintenance Code Board of Appeals Meeting

Chair

Good afternoon, I now call the City of Dover Construction Property Maintenance Code Board of Appeals meeting to order. I will entertain a motion to accept the agenda.

Campana

I uh motion to accept.

Chair

Mr. Boggerty, do we have a second?

Sierra Brown

Mr. Boggerty, are you there?

Sierra Brown

There he is.

Andre M. Boggerty

Yep, you hear me?

Chair

Yeah, so you're the quorum. I'm letting you know.

Andre M. Boggerty

Okay, I'm here.

Chair

We need you, we need you. All right, so we just uh had a motion to adopt the agenda. It's been moved by Mr. Campana, we're just waiting for a second.

Andre M. Boggerty

Uh Boggerty seconds.

Chair

Okay, it's been properly moved and seconded to accept the agenda. Uh any any discussion on the motion? Seeing none, all those in favor, please state by saying aye.

Campana

Aye.

Andre M. Boggerty

Aye.

Chair

Any opposed? The ayes have it. Motion is The agenda is adopted. Okay. Um, first and foremost, uh how we normally do this before we go into the first item, I'll just explain to everyone that uh we're going to let code enforcement present what what the case is and and give their side. And then um we may have a discussion, or we may not, and we may go directly into um the the uh per- the appellant's um to to to to give us th- your side basically.

Chair

All right. So first uh item on the agenda is uh the appeal of the case uh number 25-00003259 and related fines at 118 uh Mitscher Mitscher Mitscher Mitscher Road. Um, I will pass it on to Who's got that one, you? Sierra, Miss Brown, you you can uh let us know what what is involved in this case.

Sierra Brown

Yes, thank you, sir. Um, for the record, my name is Sierra Brown, Code Enforcement Officer with the City of Dover. In reference to case number 25-3259 for 118 Mitscher Road, this case originated on July 1st of 2025 in reference to a complaint about overgrowth and a fence falling down in the rear yard. Um, an initial inspection was performed on 7/1/2025 and found overgrown vegetation um along with wooden fence that was falling in the side and rear yard. On July 14th, uh received a call from the property owner uh Mrs. Deitrick in reference to the notice. Um, an extension was asked for and one was granted until September 1st of 2025. Then on August 28th of 2025, um Chief Code Enforcement Officer Eddie Kopp spoke with Mrs. Deitrick again um and some information was given to her on the reason for the notification that was sent. An on-site meeting was conducted with myself and Eddie Kopp on September 2nd. Violations were discussed so that they could be explained in person to show a little bit more as to what needed to be done to bring the property into compliance.

Sierra Brown

Um, an exten- an additional extension was granted until October 6th of 2025. Second notice and $100 citation was sent on October 10th. Third notice, a $200 citation was sent on December 23rd of '25. Fourth inspection was conducted on February 24th, and an extension was granted due to icy conditions that were present at the time. A previous appeal on this case was denied on February 18th of 2026. Due to the denied appeal, an additional citation was sent on March 2nd of 2026. I did speak with Mr. Deitrick on April 16th. Um, we had some really good conversations in reference to this. He's very pleasant to work with. Um, an extension was given until May 18th to try to bring the property into compliance. Um, an additional extension was then granted until June 18th. Due to non-compliance on June 18th, another citation was sent on June 25th and again on July 29th. The Ju- July 29th citation is the one that is being appealed today. No other enforcement action has been taken since that appeal was received, and as of today at 2:21, the violations do still exist.

Chair

Any questions thus far? Mr. Boggerty?

Andre M. Boggerty

No questions.

Chair

Okay.

Andre M. Boggerty

Can you say can you, I kind of mumbled, I kind of lost it. What was the issue with the fence again that might in in 30 in the

Sierra Brown

So, the original um inspection and reinspections after that revealed that wooden fence panels in the side yard had fallen. It appeared to be due to the extreme amount of overgrowth that had caused deterioration of the fence.

Andre M. Boggerty

Okay. Okay, and and and how was it brought to the attention of code enforcement?

Sierra Brown

This was brought to the attention of code enforcement via a citizen complaint.

Andre M. Boggerty

Via who? A citizen complaint. Okay, I got you. Thank you.

Sierra Brown

You're welcome.

Chair

You you uh you yield, uh Mr. Boggerty?

Andre M. Boggerty

Yes, I yield.

Chair

Okay, thank you. Uh Mr. Deitrick? Yes. Uh did did you want to lend your side of the story as to uh

Mr. Deitrick

I will give you um the best overview I can. Um, the currently I am working on the property to bring everything up to compliance. Uh, if you go around and look at the property, you should notice some uh substantial improvements. Uh, the there's a vine in the backyard that's been growing and it contains some type of poison ivy, poison oak. And regrettably, my trying to attack it and pull it out and clean it by hand makes me break out in the poison ivy, poison oak and I was at the medical center twice, antibiotics too, cuz I react and it I was just broke out all over my arm. So I had to sort of cease and desist on that till I got better. So the second plan of attack was um Roundup, a commercial grade, which I have sprayed all over, and it's killing it down to where it's dead.

Mr. Deitrick

So, in the autumn, when everything is dead and died down and there's no I can manually pull it and clean it as required. The fence itself uh fell down in a storm. Uh we had a violent windstorm and the posts were rotted. Um, and uh that's the reason why that fell down. I have just uh finally, recently got the fence cleaned off the neighbor's property and sitting in the center of the yard waiting to be disposed of. Uh so that's been addressed. The issues around the front fence, the vegetation, has been uh sprayed and cleaned up, and I going to reapply spray to kill it down and get it to where it is acceptable. Uh, in the backyard itself, uh I actually had a gentleman come in with a uh friend of mine, my at the job I'm at, came in with a backhoe to clear out the, especially in the corner where it was high, to clear it out and put it into a pile in the corner.

Mr. Deitrick

Uh and of course, unfortunately, it has grown up again over the junk that I got cleared off. Uh it's a matter of my being able to get rid of that and get it disposed of. Uh the City of Dover, uh if I could have them come with a like a crane to pick it up and and take it to the landfill, uh I waive I'll sign any waiver, but they said they couldn't do it for liability reasons, and so on, and so forth. It's regrettable that the property has gotten into this condition. Um, Carol and myself, we recently went through a Chapter 13 bankruptcy, okay? Uh it involves uh my current server of my mortgage changed to another server. And 4 months went by before we realized that we were behind 4 months in the mortgage.

Mr. Deitrick

And that was really upended our our world. I had to to see a lawyer, and file a 13. And in the process, I'm try- I had to file a 13 and when you file a 13, you have to pay to a trustee, arrearage, whatever is on that trustee payment, and then I have to pay the regular mortgage on top of that. So it was a 5-year plan, and it absolutely just killed me, and financially, just making it paycheck It's My wife is Carol, her name is Carol, she's disabled. She's been in and out of the hospital with uh uh breathing problems, COPD, diabetes, and all those things. I might have to take her to the hospital tonight. Um, and that has been a very time-consuming process. Uh, it- but the main issue is financial. So it's regrettable, I've not I usually, when I first moved in in 2000, I've been in the City of Dover since 2000, I kept that place neat as a pin.

Mr. Deitrick

But unfortunately, due to my financial circumstances, the property has been I have it's been let go, and I'm in a process I recently was had a job with J&King Transport, Kent Oil Company. Uh I changed jobs, the hours were long, I wasn't getting paid for every hour I was working, it was just a bad situation, and I changed to a new company called Service Energy. So I now have a more regular work schedule. I'm home on Saturdays and Sundays for the most part, because my wife needs more at-home care, so I'm able to work on the property more. I just did not have enough work hours. By the time I got home working 12 to 14 hours a day keeping dump trucks on the road, uh being called in the middle of the night, go out down there to Queen An- down in Queen Anne's County for a truck broke down, I just got down on my health, weak, tired, and just stressed out to a point where I get home, I'm dead tired.

Mr. Deitrick

And, you know, and it's regrettable, yeah, that I candidly admit the property has been let go, and I don't normally like doing that. So I'm at a point now where I have a lot of work to do, and I'm in the process of trying to uh address those items and get everything back up to snuff. Regretfully, it's going to take more time than I know the city has given me quite a number of um, you know, extensions, and I I like that's appreciative, but I'm now in a position where hopefully I can move forward and start to work on things. But it's just going to take more time than what anybody bargained for. I I have a lot to do, and it's just myself and a single-family income. I'm faced with the possibility we have applied for financial assistance through the State of Delaware for healthcare insurance for her, cuz she lost her healthcare insurance. I'm not trying to give everybody my my um sob story, but this is just relative to as to why things got the way they did.

Mr. Deitrick

It's an unfortunate. But uh she has uh we have to try to get her some type of I lost my healthcare coverage through the marketplace. First you have it, then you don't. First you have it, then you don't. So I got hospital bills piling up for her being in the hospital that I'll end up having to work out some payment schedule. If I can get her healthcare coverage, that's great. Then I could get on the first year, I can get on the company plan, which is But if I have to put if they she gets denied healthcare coverage through the state, through the social services, okay, then I will have to put her on the company plan, and a cost and the current cost is for every 2 weeks is $445 for a good plan. And I'm making, I'm probably making uh 4,000 a month. It's better than what it was, cuz I'm getting paid for every hour I'm working, on the clock. But still, I'm trying to make it on a single-family income, and it's just that's why you see the car, the van, and I don't have any new fancy cars. You don't see a Lexus. You don't see any of that stuff.

Mr. Deitrick

And, yeah, that's why the property, unfortunately, has been gone to hell in a hand- pardon my French, but gone to hell in a handbasket. There's that big tree in the front property I need to deal with. That's going to be, uh I know that's not a code enforcement violation at the moment. It, you know, but I'm going to have to get an arborist. Dad's been in the hospital with a, you know, he just had a stroke. So I'm just dealing with that, and just everything's just, I have a lot on my plate. So, unfortunately, in the in the uh shall we say, the day to day the by and by, certain things regrettably get put on the back burner. So if I have money I have to spend for medicine for her, and then I have to go to Lowe's and get $50 worth of weed killer, common sense dictates it's going to go for the medicine first.

Mr. Deitrick

So that's where we're at, and that's why the property has gone like it has. At first, I never had all that stuff. I mean, she planted stuff, and it's just got overgrown. So I have to get my, you know, get working on it, and just get everything back up to snuff. But I just If I'm fined $1,000 here, $500 here, here, and here, and here, it's it's just it's going to it's going to work against me. I'm being very honest and factual. No disrespect to anybody here. I'm not trying to be rude or anything. But it's just not going to It's not going to help. I got a lot to do, and I got friends I can turn to. If you notice along the back, you go in the back alley, you'll see that along the fence, where that's all been killed. That is commercial grade uh Roundup. Commercial grade. And within a week, it burned that down to nothing. And I'm hoping what I sprayed down in the other areas, I can get that to a point where this autumn, I can start really start going to town with a chainsaw, and cut down that There's a big tree right there where the fence runs up.

Mr. Deitrick

I want to cut that down before I put any type of new fencing up. I had a temporary snow fence I was going to put up, but I didn't see the feasibility with that stuff being in the road. A couple years ago, had my electric get knocked out, that there was a dead tree in the corner at some lady next door to me, and it dead, it came down and knocked out my electric, and $18,000 it cost my insurance. I had to get that. That was a couple of years ago. And of course, you know, I have stuff in the back that's grown. There's a some it's a Formosa tree, I got to get up there and chop it, get it cut down. So I have a lot to do.

Campana

Let me let me ask let me ask uh code enforcement uh what is the uh amount of the fine at this point?

Sierra Brown

Um, the one that's being appealed is $1,000, but currently on this case, there is $2,100.

Campana

And the and the thousand is for the fence itself, or

Sierra Brown

Um, it would be for the non-compliance of the violations, so the fence and the overgrowth.

Campana

So other than the fence and the growth, is there any any other violations that you have?

Sierra Brown

Um, right now the only things that we have on the property is going to be the overgrown vegetation and the fence. Um, other items that were mentioned, like the tree, is not in violation as of yet. So these are the only two that are that are outstanding.

Campana

So the total is is 2,100 and the fine that we're addressing right now is a thousand?

Sierra Brown

Yes, sir.

Mr. Deitrick

I just want to put out there to the everybody here that it's not my intent to ignore I've received all the letters. I'm not trying to ignore it. It's just I've not had the resources to turn around on. I had to buy the fencing, and at single-family income, it's not been financially possible. So, but I hope moving along, maybe I can figure out something, get some donated fence or something like that, or I'll figure out figure something out. Crossing free, but that's what I've been doing.

Campana

Well, if the fence was fence that fell down was removed, would would he still be in violation?

Mr. Deitrick

It's been removed.

Campana

You know what I'm saying? Like, without putting up a new fence,

Mr. Deitrick

It's just

Campana

is the fence

Chair

Hold on, sir.

Campana

Oh.

Sierra Brown

So I know uh sections of the fence was removed in the um between two of the properties on the side of the property. Um, the fence in the back of the property is not in violation as of today.

Property Owner

some type of fence equivalent to what I have? Or is a chain link fence there as a temporary fence, is that a code is that acceptable, or do I have to put it in the same fence that was there?

Cierra Brown

So, being that you would be changing materials, you'd have to pull a permit for it. Um, so as long I mean, you could do that as long as the permit's approved. Um, but just being the change of materials, you would have to obtain a permit.

Property Owner

So, it would have to be in the same likeness and wood and all that fun stuff.

Cierra Brown

Correct. Just to replace those couple sections, yeah.

Property Owner

I have to find those sections and drop um haul the post and and put it up then.

Cierra Brown

As long as you're using the same original um placement for the posts.

Property Owner

Yeah, it it'll have to I cut them down to the ground. I'll just have to dig a new hole and put it up. Uh but I'd like to get that tree out of the road if I can before I do that.

Cierra Brown

Yep, the one that's along that east side.

Property Owner

That big overgrown fescue that I need to cut down.

Property Owner

But it's just the problem is I've been in this since 2000, and ever since this one neighbor moved next to me, there's been nothing but problems. They've been complaining and complaining and complaining. My goodness. Please, give me a break. They're complaining about stuff in the back. It doesn't affect you people. Yeah, it's my mess, and my property. I know about it. Why are you

Board Member

Hang on 1 second, sir. Mr. Campanelli here, recognized, man.

Campanelli

What What's he have to do to get this thing into compliance right now?

Cierra Brown

So, to get the property into compliance as of right now, the deteriorated sections and fallen sections of fencing would have to be either replaced, or the entire fence would have to be removed. Um, to replace it with a different material, obviously you'd have to get a permit. And then all of the overgrown vegetation on all sides of the property would have to be removed, front, rear, and side yards.

Campanelli

For For you, how long is it going to take to remove the fence?

Property Owner

Totally?

Campanelli

Yeah. Because to me, that's the easiest way to go right now is to remove what you got in the

Property Owner

Oh, I I mm. I don't know. I mean, that's

Campanelli

That's just manual labor.

Property Owner

Yeah. You got You got my fence in the back, and then at 112, they put a fence

Board Member

We're not worried about their fence.

Campanelli

Yeah, we ain't worried about their fence.

Property Owner

Well, I got They got They put a fence like that, they're that close together.

Board Member

Mhm.

Property Owner

But for me to get it totally removed, um matter of just cutting things down, I suppose I could have it done in a in 30 days or so. That's just an estimate, but I would rather repair the sections than totally remove it.

Campanelli

All right. Now to repair it, how long is it going to take you? Um, see now, if you take it down, it's just going to cost you time. If you repair it, it's going to cost you money.

Property Owner

Yeah, it's going to cost me money. I I would have to obtain uh I'd have to obtain the materials and put it up. We have someone we're talking to about working something out where they would supply that. It's not going to be the same type, but it'll be a wood fencing that

Campanelli

And how long would that take you?

Property Owner

Uh I would say maybe a couple months, or something like that, two or three months.

Campanelli

Okay. Uh, and the vegetation part, that's part of this, too, right? How long to get the vegetation out? You make it look It's like, you know, you buy a hamburger at Burger King, it's $5. You go to Hotel duPont, it's $10.

Property Owner

Sure.

Campanelli

It's all in presentation. So, how long to get the vegetation out of there?

Property Owner

I could have it get it killed down with the uh with the Roundup.

Campanelli

Once you get it killed down, then you have all the dead stuff, so.

Property Owner

Yeah, I could probably get that, by end of this autumn, I should have have it done.

Campanelli

Okay. Recommendation, then?

Eddie Kopp

So, if I may, I'd I'll make a recommendation on behalf of Code Enforcement that we, uh, stay enforcement for 90 days, um, to give him the opportunity to bring the property into compliance. Um, the reason we're here today is the age of the case. This case is over a year old and it's beyond, um, extension capabilities from from my office. So, I think 90 days if if you're Do you feel like 90 days is a fair window to be able to

Property Owner

Fair window at least to show some improvement.

Eddie Kopp

So, at at this point, we're really looking for compliance with the violations, because they they are over a year. So, we would need compliance, um, with the violations.

Property Owner

In totality?

Campanelli

Yeah.

Eddie Kopp

Yes.

Property Owner

Okay. Then, it is what it is.

Campanelli

Now, can you do it in 90 days?

Property Owner

I I hope so. I hope so.

Campanelli

Now, we're asking, can you do it in 90 days? Because that way, you waive the fines. Is that Am I correct on that, there?

Eddie Kopp

Yes. So, before you today stayed is the $1,000. So, we would my recommendation would be to stay the fine for the 90 days, um, in the event there's not compliance within the 90 days, the fine would be reinstated, and code enforcement action would resume.

Campanelli

Now, if it's reinstated, that means it's going up, too, right? During those 90 days?

Eddie Kopp

No, because if Sorry. If enforcement stayed for 90 days, we won't take any further actions because of the stay of enforcement, so no additional fines would be issued during that time.

Campanelli

Okay. So, is it worth it to you to 3 months to get the place pretty much cleared up?

Property Owner

I I would I would think so. I would think so. I think that would be fair.

Campanelli

That That fine would buy a lot of medicine.

Property Owner

Yeah. Oh, yeah. Well, it would. Okay. If If I get it within, you know, reason

Campanelli

90 days.

Property Owner

Yeah, if if I fall short, I you know. What happens if I fall short?

Campanelli

Yeah. What do we do?

Chair

Go to Code Enforcement.

Board Member

We cross that bridge when we get to it.

Eddie Kopp

So So, at the end of the 90 days, um, if you're not in compliance and code enforcement action resumes, there would be another notice of violation, another citation issued, you would have right to appeal that again to this board, because another action has taken place.

Campanelli

But the fine would still be there, correct?

Eddie Kopp

Correct.

Property Owner

So, 90 days is probably about the maximum you can give?

Eddie Kopp

Correct. This This case is

Property Owner

I know it's a year. Okay, I know.

Eddie Kopp

Yeah. Due to the age of the case, I mean, 90 days is being very How that sound? being being very fair. All right. So,

Property Owner

I I I'm not going to dispute that.

Eddie Kopp

um, and we have to be consistent with enforcement we provide. So, I think 90 days is fair. It's It's not my decision, it is ultimately the board, but that's my recommendation.

Property Owner

Okay. Well, that that's It is what it is.

Campanelli

Yeah, I recommend we uh stay it for 90 days, and at the end of the 90 days, if it's not done, and you had other problems that caused it not to be done,

Property Owner

Right.

Campanelli

uh with uh a little bit of extra time, if needed. And I'm not talking another 30 days. I'm talking maybe a week, two weeks past the 90-day limit, you know.

Eddie Kopp

Yeah, but I would If you're going to make a motion, I would keep it keep it at 90.

Campanelli

All right. I make a motion to keep it at the 90 days.

Chair

Looking for a second.

Board Member

O'gready seconds.

Chair

Okay. It's been properly moved and seconded to stay, um, to keep the case stayed for 90 days. Any discussion on the motion?

Chair

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

Board Members

Aye.

Chair

Any opposed?

Chair

The ayes have it. Motion is accepted.

Campanelli

So, that's it.

Chair

Yes, sir.

Property Owner

Okay. So, it's going to be the fence and then What What about that pile in the corner that I had? That's already been taken down. I don't know why I addressed that, you'll see it there. It's in the corner.

Cierra Brown

So, if if it's helpful, and as long as the board and Eddie is all right with this, we can do an on-site meeting with you That'd be great. with myself and Eddie, and we can That'd be great. do everything in person so there's no trying to figure it out Right. if that's okay with you.

Property Owner

That's fine.

Cierra Brown

Okay, perfect. I can reach out via phone, if that's okay with you.

Property Owner

And Mr. Kopp, Ms. Miss Brown, uh, I would like to be the go-to person.

Cierra Brown

Absolutely.

Property Owner

Okay. The problem is we get too many In this case, there's been too many chefs in the kitchen.

Chair

Okay, well we got three of them here.

Property Owner

You got Well, just you dropped your

Cierra Brown

I'll reach out to you via phone tomorrow.

Property Owner

Reach out to That'd be fine. We'll discuss those issues as

Cierra Brown

Perfect. Thank you, sir.

Property Owner

Thank you very much. All right. Thank you.

Chair

Okay, next item on the agenda is case number 25-00005073 and related to fines to 1200 North DuPont Highway, Delaware State University. Do we have a representative for DSU?

Khalid Zerrad

Yep, right here.

Chair

Oh, how are you doing, sir?

Khalid Zerrad

I'm doing all right. How are you all doing?

Chair

All right. We're going to allow Code Enforcement Yeah, that's fine. to share with us the information, and, you know, we'll give you an opportunity as well.

Khalid Zerrad

All right. Yes.

Chair

Yes, Ms. Brown.

Cierra Brown

Um, again for the record, my name is Cierra Brown, Code Enforcement Officer with the City of Dover. Case number 25-5073 in reference to 1200 North DuPont Highway, um the Thomasson Building. Case originated from a fire department referral that went to the fire marshal's office and then to Code Enforcement for a joint inspection. Joint inspection was conducted on December 11th, 2025. Um, this inspection was completed with, and if if I'm saying your name wrong, please yell at me, Khalid? Khalid. Yes. Thank you. This uh inspection was conducted with Khalid that day, um and coordinated with him. We spoke via email after the inspection was conducted to advise that the building was being condemned due to the life safety concerns that existed within the building. Um, after the inspection was conducted and notice was originated, email was sent along with information to Khalid on behalf of DSU. Um, he advised that due to the bid process and etcetera that they have to go through being this um corporation, that it wouldn't be until March of 2026 when um the building would be demolished. I reached out via email on January 15th of 2026, due to not hearing from anyone in reference for to an update on the case. I was told that they were in the process, and work would be completed in summer of 2026. An extension was granted until February 19th, 2026. No communication from DSU, but good faith extension was granted until March 10th of 2026. Received an email on March 9th, 2026, stating that the bid package would be complete by the end of March. Come April, no update was provided, and no update was provided in May. So, a second notice was sent on May 15th, 2026. No demo permit was on file, and no update was provided in June. So, a third notice along with a $100 citation was sent on June 25th, 2026. No update was provided in July, so an additional $200 citation sent on 8/7/2026. Email was received with the appeal of the citation on August 27th, 2026. Um, I know that there are pictures provided on the screen. Um, a lot of what you see in the pictures is going to be issues with mold, um structural issues with the floor, um different other different structural members throughout the building. Um, it's for those reasons that the building was condemned. Um, the building, to my knowledge, has been secured, um with no trespassing signs, our condemnation placards, so that there was no unlawful entry into the building.

Chair

Any questions so far?

Board Member

Yeah. Yes, uh uh, Chair.

Chair

Yeah, Mr. Moving, you're you're recognized.

Board Member

Thank you. Is that building on the campus of Delaware State University?

Cierra Brown

Yes, sir.

Board Member

Which building is it?

Cierra Brown

It's going to be the Thomasson Building.

Board Member

Is it in the back?

Cierra Brown

I was going to say, toward the back.

Khalid Zerrad

It's in the center.

Cierra Brown

Yeah.

Khalid Zerrad

In the center. Yeah, right by Conwell Hall, right by Conwell, yeah, right by the dining facility.

Board Member

All right. And is it is it one of the historical buildings?

Khalid Zerrad

No, no, it's not. It's not registered, no.

Khalid Zerrad

Yeah, the only one that's on the registry is Loockerman Hall.

Chair

Okay. Well, we'll give you an op Go ahead, sir, you're you're recognized.

Khalid Zerrad

Can I start? Yes. Thank you, Mr. Chairman.

Board Member

Okay, I yield I yield for now.

Chair

All All right, thank you.

Khalid Zerrad

So, I uh thank you, guys. Um, my name is uh Khalid, and I work for DSU. I just wanted to let you guys know that DSU was working on and still working in good faith to get this issue resolved. Uh, yes, uh we did hear from the city back in December of last year, but as you guys know, we operate for, you know, via state funds, so we have to have funds from the state to execute certain projects. This one in particular needed to be designed. So, I engaged with Becker Morgan Group I want to say late last year, and started that process with those guys. So, we ended up getting uh biddable documents uh I want to say around maybe April or May, and uh finalized those plans, and I do have a schedule here, and I can tell you guys when we submitted the uh the bid documents to the state. And those exhibits were sent to the state on June of 22nd. And the reason for that, because we needed to wait for the funding source to come from the state. Uh, there was appropriation comes around early June. Uh, so we advertised in July 2026, and uh we ended up uh scheduling a pre-bid July 27th, and we believe it or not, we just received proposals September 15th, and uh on September 25th, which is this Friday, there is a descope uh schedule with the uh uh with the uh lowest uh bidder. So, we are in progress to get, you know, things are moving forward to get the building down. I am uh generated a uh a master schedule earlier today so I can share with you guys. Looking at all this, we should have everything wrapped up by end of the year. So, contractor proposed that he can get everything done in 60 days. Uh like, you know, Ms. Brown said, the building is secured, and we do check it periodically to make sure nobody uh breached those uh closed uh entrances. Uh, what played a big part here is the funding. As you know with all state entities, you don't have fundings, you're not going to be able to execute projects. So, since uh funds were allocated to this project, uh bidding is pretty much wrapped up. There's only two components that are left, which is the contracting phase and the construction phase, which that's where where we're at right now. So, I mean, we are we are behaving in good faith.

Chair

When When does the demolition permit get pulled in this process?

Khalid Zerrad

Uh, once we wrap up contracting.

Chair

Which is To sign on who's going to do it, right?

Khalid Zerrad

We We already know. I I do have the lowest bidder. I mean, this information is public. You guys could log in and see it. Uh, but what we have to do, we have to descope with the contractor, they're out of New Jersey, uh, FR Benkey. They're the same company that's doing William Henry. Uh, we have to descope with those guys, go over both exhibits, make sure he understands all the particulars that are listed in the bid documents. Then at that point, all I need to do is draft a contract, send it through our legal counsel, get it signed, send it to them, get it signed, and we'll just have to put a requisition, send it to the state, and get a PO for them. That process usually what, 30 days.

Chair

And when when's your fiscal year run?

Khalid Zerrad

Uh, it it

Chair

Is it June I mean, July 1 to June 30?

Khalid Zerrad

July 1st to June 30th, yes.

Chair

Okay.

Chair

And then, you already know that this is funded already, or

Khalid Zerrad

Yeah, yeah, it's funded.

Chair

Okay.

Khalid Zerrad

Yep, we have funding for it. That's something we had to work through earlier with the new appropriation from the state.

Chair

A little bit just different situation, um, with with this circumstance, so what what do you think?

Eddie Kopp

So, um, Right. So, yes, this is a unique situation, uh, but had there been communication with Code Enforcement along the way, the citations wouldn't have wouldn't have been issued. Um,

Khalid Zerrad

I can pull some emails. I think I've sent some emails to you guys.

Eddie Kopp

um, during the timeframe that the citation was issued?

Khalid Zerrad

Well, no, I mean from from when after we met, I mean, there were some emails that were sent to you guys. And we're

Cierra Brown

On on March 9th, I received an email. Um, that was the only email that was received without reaching out first from myself. Um, the email that was sent the day of the condemnation on December 11th, um, I made sure to state in an email that open communication would need to happen by the follow-up date each month to ensure that extensions extensions needed to be issued, we could do that. Um, like I stated, in January, I did not receive any email, so I had to reach out. Then I got the update, granted an extension. Um, no communication was received in March, no communication was received in April, no communication was received in May, um, and then in the appeal being received on August 27th was the last was the next communication that was received.

Khalid Zerrad

Yeah, however, I mean, just I I want everybody to understand that. I wish I brought the emails. I mean, in the body of the emails, there were some specific information how DSU kind of managed projects and the timeline that takes for our projects to come into fruition, like

Applicant

I did not have any updates in a month in like in a 30 day period, for example, because a lot of times it'll be December, January, I'm not going to know anything about funds until around mid-May, June before I even know what how much money the state's going to appropriate for next year. So, I just didn't want to waste their time sending a collage of emails with no content, so.

Eddie Kopp

If I may. So, Mr. Chair, the reason we require that, so we have some tangible evidence on why we are delaying enforcement, right? Because there's still an active violation in there. I understand, you know, purchasing and everything else with the state. We work with insurance companies all the time, you're not alone. So even private residents, there's times to where insurance companies are dragging their feet and that can go on. And all we ask for is, hey, provide us an update every month. And there are times to where we can send a notice of violation that can be used for the insurance company.

Eddie Kopp

So we do require that 30-day follow-up because in lack of follow-up it's basically the violation is being ignored and not that DSU is going to do this, but we have to be fair and consistent with everyone. Usually when communication stops, it's no longer their worry and they run away. So yes, it's unfortunate that you have the purchase of policy, but we have to be consistent with the way we treat everyone and although it may be repetitive, but that 30-day follow up is critical for these cases. Like I explained to everyone, everything we do can be FOIA requested, so we're just not If we're not holding you accountable, but we're holding John Doe over here accountable, they could show like we're being biased towards Right.

Applicant

Right. Well, I understand. With all due respect, I mean, I thought when I crafted an email with timelines and, you know, and valid information on how we kind of do things, I thought that was going to suffice. That was my bad. I mean, I could have always piggybacked off that same email and said, "Hey, I don't have any updates," but I didn't want to be repetitive because in my world, we don't typically do that, you know?

Eddie Kopp

Yeah. And that's important for us because what we do, we put case comments in the case and that shows that that history. Oh, hey, here we are. Here we are. But that's the reason for it, just so you're aware why we do that. And it's not just for DSU, that's how we treat everyone, so.

Board Member

What is the pleasure of the board?

Board Member 2

So by the end of December it's going to be gone?

Applicant

Yeah, yeah, everything is in motion right now, yes. We did get bids, we have a descope scheduled for this Friday at 9:00. It's you know, it's public. So, and I'm hoping, you know, once If everything goes well, we can start drafting the contract and get this guy a PO and have him mobilize and take it down. It's like 60 days, that's that's what it says on his bid form, so.

Board Member

What's the pleasure of the board? I'm ready to entertain a motion.

Board Member 2

I motion we give them until the end of December.

Board Member

So basically stay the case?

Board Member 2

Stay yeah, stay the case because I used to be in government, so I know how it works. That's understandable. And he's he's their mouthpiece right now.

Board Member

Till what? 31 December? Yeah, 31 December.

Board Member 2

It should be done. And you understand every month you've got to send those guys and let them even if it's a repeat, just let them know.

Applicant

Who do I send it to? His email?

Staff Member

Yep, if you don't have it, I'll give you one of my cards. It's the same email we contacted through before. Okay.

Board Member

Okay, well, it's been properly moved to stay the case till December 31st, 2026. Do I have a second?

Andre M. Boggerty

Boggerty second.

Board Member

It's been properly moved and seconded. Any discussion on the motion?

Staff Member

Yes. May I ask for clarification? Does that stay the fine as well, just so it's spelled out? Thank you.

Board Member

Stays the fine as well. Any any further discussion? All in favor, please state by saying aye.

Board Member 2

Aye.

Andre M. Boggerty

Aye.

Board Member

Any opposed? Motion carries. Thank you, sir. Next item on the agenda is the appeal of case 26-00002654 and related fines for 151 North Queen Street, Elaine and Coleman Investment LLC. Is there anyone here representing? Miss Moseley's on the line. Miss Moseley.

Board Member

Okay. Who's got that? You? Okay. Mr. Kopp, are you ready to present?

Eddie Kopp

Eddie Kopp, Chief Code Enforcement Officer.

Eddie Kopp

I am presenting this case on behalf of John England. At the time this appeal board was scheduled, John had a had already had an appointment scheduled, so that's why he's not here.

Eddie Kopp

So I'm going to read the notes from Mr. England. This case started on 4/8 of 2026 where Mr. England was notified by customer service via email that the utilities were terminated on 4/7/2026. On On July 7, 2026, the case was opened after 90 days of no service. Vacant building letter was mailed certified and the property owner had 30 days to register and pay the $375 fee, which would have been August 7, 2026. On August 10, 2026, the property was not registered and Mr. England registered the the property on behalf of the owner and sent a letter advising as such. This is in accordance with the vacant building ordinance.

Eddie Kopp

The mail was signed for It says the mail was signed for, but on 8/19 of 2026, the returned certified mail was posted on the door at 9:53 a.m. Let me just look, cuz I'm reading his notes, but Hm. So it looks like the mail was signed for, however, it was returned at the same time, so I don't know how that happened.

Eddie Kopp

But it was signed for Okay, so it looks like the registration notice was signed for and then the notice that was registered was returned, so that was posted on the door. Just for clarification.

Eddie Kopp

It does appear that the property was deemed vacant due to the lack of utilities. So there was no utilities at the property. By code, a property is not habitable without utilities, so therefore, it would be deemed vacant.

Board Member

And this all happened in this year, 2026? That's correct. And he got notified that the utilities were cut off and waited the 90 days to see if they would be cut back on? That's correct.

Board Member

Okay. All right, so anybody have anything to add? Do we want to hear from Miss Moseley? Miss Moseley, can you hear us?

Elaine Moseley

I can hear you clearly.

Board Member

Okay, do you have anything you wanted to add?

Elaine Moseley

Certainly, certainly. Uh this is a rental property and we were in the process of an eviction uh when the uh utilities were terminated in April. We uh went through the entire process and were granted um uh the property back to us July 7th.

Elaine Moseley

And I included a copy of our summary possession of that. Uh and then, of course, then we received the notice that we were being um placed on the uh vacancy list. And uh and then I appealed.

Board Member

Okay, so in in that timeframe, up to this date, is there still no electric at the rental property?

Elaine Moseley

Correct. There is no uh electric not due to this particular property. However, we have an additional property that affects all of the other properties. So um as far as I can't have any electric turned on on that property and that property is ready to go, except for the exterior door, I see some some issues, but however, it's ready to go. So

Elaine Moseley

I'm working with Mr. Kopp, I just as far as we've only had the property for a month and then it's deemed vacant. We'd like to turn on the utilities. However, um fees or fines from one other property which has been deemed vacant uh affects all of the other properties.

Board Member

What, cuz it's under the same electrical electric account?

Elaine Moseley

Because it's owned by the same persons. So if you own one property and have a fine, like uh my rental permits, I submitted payments for all of those for the other properties, they were denied all on a separate property that is not part of our rental system, it's it's our our our our home.

Eddie Kopp

No, so she's referencing Clean Hands. So she's subject to Clean Hands, which is why

Board Member

Clean Hands

Eddie Kopp

Clean Hands. Because all all outstanding fines owed to the city have to be brought current.

Board Member

Oh, so they can't put Correct. Okay, got it.

Eddie Kopp

So I believe uh the licensing staff flagged this for Clean Hands due to uh outstanding fees.

Board Member

And is there a current rental license on the property?

Eddie Kopp

There is not.

Elaine Moseley

Uh, please let them know that it was applied for and paid for and and it was not accepted.

Board Member

Because of the situation?

Elaine Moseley

Because of Clean Hands, I think is what he Okay. mentioned, something like that concerning a different property, yes, which is not a rental property.

Elaine Moseley

And well, I'll leave that alone because that's that's a whole 'nother story with that property. Okay. It is a property that is vacant at this time, however, we pay utilities on the property, we have an alarm system on the property, yet they want us to to pay the vacancy fee.

Elaine Moseley

So that is now affecting the other properties like this one where I cannot turn on the utilities and would like to. So that's the last conversation I had with Mr. Kopp.

Board Member

What do you think? Mr. Kopp, what's your recommendation?

Eddie Kopp

Um at at this time the property is vacant in accordance with the City of Dover code of ordinances. Code Enforcement would recommend denying the appeal based on the the fact that it does meet the requirement of a vacant building under chapter 22.

Board Member 2

One more question, what's his outstanding fines that you

Eddie Kopp

So so Clean Hands would be any fees against a property owner, which there is another another property that does have a vacant building case on it that's it's being held up by Clean Hands.

Eddie Kopp

determination, determination today would be whether to keep the fee or to waive the fee.

Board Member

You're talking about the 375?

Eddie Kopp

The 375, yes.

Board Member

What if they pay the 375, the 5,000 is still there, right?

Eddie Kopp

That's correct.

Eddie Kopp

So, no action today would override the the uh the Clean Hands Ordinance because it's not subject to appeal. What's subject to appeal is is specific to case 26 26-54 in reference to the vacant building case.

Chair

Now if if uh if she has a payment plan established with customer service, where does How You probably can't answer this, but how does Clean Hands Ms. Duca, would you know about the Clean Hands? Like is there any way of this LLC, after we resolve this, of getting a license so that we can get somebody in the house and they can register the electric on their own or whatever?

Sharon Duca

If they're on a signed payment plan, that should override the effects because you're going to be paying on it over a separate period of time.

Chair

So how how did how did Clean Hands Because you said, ma'am, that you have a payment plan already established or do you need to...

Ms. Moseley

No, no, no, it it it hasn't been established. Each year, I had paid the vacancy fee through payments, and the There was an issue for for last year and that's where we're having an an issue. But I've been paying it annually, the the vacancy fee. So that's why we haven't been here. And I have no problem paying, you know, a portion of that vacancy fee to so we're up to 2026 and this $5,000.

Eddie Kopp

So for clarification, because she's been making payments on a self-made payment plan, there's there's no contract or no document um with the city. So although it's it's her own version of a payment plan, she could very well carry that on by um contracting with the city, basically they they write up an agreement that you're going to make said payments, and that could rectify this um that that could solve this. And

Chair

And and and she would do that through customer service?

Eddie Kopp

Through customer service, yes.

Chair

Okay.

Eddie Kopp

Because this the Clean Hands that we're discussing, although it's a vacant building, it is on the tax um

Chair

Understood.

Eddie Kopp

the tax bill. So

Chair

Understood.

Eddie Kopp

but that is a path forward, yes.

Chair

So does does that make sense to you, Ms. Moseley?

Ms. Moseley

It certainly does. Certainly does, and I will reach out to them tomorrow.

Chair

All right. Very good. I will uh uh Mr. Boggerty, you're recognized.

Andre M. Boggerty

No, you you all I put my hand down because you all answered it because it it appears to me Thank you, Chair, first of all. It appears to me that there's been a good faith to at least address it and it wasn't completely ignored. And um and um so I I'll I'll I won't continue, but I just I uh you answered my questions, but there is good faith. Um is there My only question is, what is the What is the expected time period? So as uh as Cole as Officer Kopp said, we don't want to, you know, we want to put some parameters on it when it comes to time. So what's a realistic, expected time period to allow that to happen? And I yield and once you

Chair

Yeah, Mr. Kopp says he may has a recommendation for you.

Board Member

Do you, Kopp?

Eddie Kopp

Uh I recommend to stay the fee of $375 for 30 days um to grant the property owner time to enter into a payment plan with customer service. Um In the event that 30 after 30 days, that payment plan hasn't been established and utilities haven't been um restored for the property, we would continue enforcement and reinstate the $375.

Board Member

Can you can you repeat that?

Board Member

No, but I can say I'll second what he said.

Chair

Well, you have to make the motion.

Board Member

I make the motion that we accept Eddie's, Mr. Kopp's, recommendation.

Chair

Okay. Uh do we have a second?

Andre M. Boggerty

Boggerty seconds.

Chair

All right. Properly moved properly moved and seconded to accept staff recommendation to stay uh the case for 30 days. Um and you have the rest of that, right, Madam Clerk?

City Clerk

Yes, I got all of Yeah, I got all of that. Yes. Thank you.

Chair

Uh any any discussion on the motion?

Board Member

No.

Chair

Hearing and seeing none, all those in favor, please state by saying aye.

Board Member

Aye.

Andre M. Boggerty

Aye.

Chair

Any opposed? The ayes have it. Motion is carried.

Chair

Thanks very much, Ms. Moseley.

Ms. Moseley

Thank you, as well.

Chair

Appreciate that.

Chair

Okay, we're going to move on to item 4 on the agenda. It's appeal for case number 26- 00000341 and related fines to 36 Arbor Drive, Lee and Janette Dennis. Would that be you?

Lee Dennis

Yes.

Chair

Okay. We're going to let uh code enforce Who's got that one?

Eddie Kopp

Me.

Chair

You got that one. Okay. Go ahead, Mr. Kopp.

Eddie Kopp

All right. Again, I'm Eddie Kopp, Chief Code Enforcement Officer. I am present on behalf of on behalf of John England due to a appointment. Um I'm going to go over his notes. So, on February 2nd, 2026, the case was open as a result of posting return, certified mail um on 1/30/2026. The initial case, 25- 5160, first notice was sent certified. I apologize, I'm just trying to get through these notes.

Board Member

Mm-hmm.

Eddie Kopp

Okay. So, the case was opened on 12/31/2025 per email from Code Enforcement Officer Thomas Miller. The email stated the water and electric was terminated on 8/19 of 2025 and appears from utilities no usage and vacant since 3/4 of 2025. Um On February 2nd, Mr. England spoke with Mr. Lee Davis via phone after he was informed by the neighbor that there was a posting on the door. He advised of his wife's passing and that he was in Georgia taking care of thanks. Uh February 6, 2026, utilities were initiated. February 6, 2026, uh VBO vacant building ordinance case number 25-5161 fee of $375 was paid.

Eddie Kopp

March 2nd of 2026, the homeowner was on location with the HVAC contractor on site. We talked about the status, he was trying to regroup since the loss of his wife and he had a plumber help to fix a broken pipe. I told him I would hold off citations since it appeared he was trying to move in the right direction. Uh March 2nd, 2026, second notice mailed, certified, no citations. March 3rd, 2026, posted return mail at 11:41 a.m. March 11, 2026, met with Mr. Lee Dennis Mr. Sorry, Mr. England met met with Mr. Lee Dennis's brother, Ed Dennis, in the lobby and went over the open cases. He told me he was trying to assist his brother, come into compliance, they do have utilities and are working on the interior. I gave a 60-day inspection from April 2nd, 2026, to June 2nd, 2026.

Eddie Kopp

March 20th, 2026, there was a phone call and email from Mr. Ed Dennis, thanking me and or thanking Mr. England and went over the whole situation again. Uh June 1st, 2026, an email from Mr. Ed Davis asking for another 60-day extension and that an interior or that an interior inspection to take place no sooner than August 2nd of 2026. June 1st of 2026, I emailed Mr. Ed Davis giving him one last 60-day in extension and scheduled the interior inspection for August 5th, 2026, at 10:00 a.m. August 5th, 2025, or I think that should say '26, I apologize, interior inspection at 10:00 a.m. was a no-show. All condemned placards were removed. Exterior light to the front porch, side rod, and rear French doors, the property was re-placarded and photos taken. August 5th, third notice and $100 citation mailed for noncompliance with response by September 7th of 2026. August 18, 2026, posted return certified mail at 10:54. Um September 2nd, 2026, the VBO inspection still it appeared vacant, secure. October I'm sorry, September 2nd, 2026, and September 8, 2026, drive-by photo taken to show placard were removed again. Uh September 8th, 2026, fourth notice and 20 $200 citation mailed certified for noncompliance and then September 10th of 2026, safe place received an appeal letter from Mr. Dennis.

Eddie Kopp

So it appears this property um the root cause of the problem here with the citations being issued are for uh failure to schedule an interior inspection, which is required um under the Vacant Building Ordinance in chapter 22 uh. That noncompliance did result in citations being issued uh for the noncompliance.

Chair

Of the vacant building.

Eddie Kopp

Of Of the Vacant Building Ordinance uh, which does require interior inspections annually um anytime a building has been registered as vacant.

Chair

Okay.

Chair

Mr. Dennis, would you like to give us your side of the story?

Lee Dennis

Well, I mean, I think it's he laid out I guess the skeleton aspects of it. My wife did was very ill.

Chair

And and I'm sorry to hear that, too, Lee.

Lee Dennis

Right. Very suddenly she passed. From the standpoint that it did it has taken me some time to, you know, try to put things a little bit back together.

Lee Dennis

It has it's been complicated by the fact that they've was physician here in town for 25 years or whatever, 30 years. And I had uh closed the office. The requirements for charts, billing doesn't automatically stop and any of those things. And, of course, uh with the selling of the of our building and what not, a lot of that stuff that wasn't able wasn't put in storage was brought to the house to be able to produce charts and other things. So, you know, we've got the boxes, you know, around in the living spaces and things along that line, an entire office computer system inside the house.

Lee Dennis

And we have she and I for years, as many people around here actually do, whether you guys know it or not, have vacant houses every year because the ordinance is 90 days or whatever in terms of it, it's only when electricity gets cut off. In our particular circumstances, then issue ended up just simply being that it all happened at a at a extremely poor period of time. And and we were committed to have to leave, which we have we have done for 10 years, uh starting in October and then we don't usually return, uh you know, as returning as staying in the house really until May, April.

Lee Dennis

They call us snowbirds.

Lee Dennis

Uh I had no idea that if I'm out of the house for 90 days that that's considered to be a vacant house. That's one. Two, I was not really aware of the fact that that any that really there was any issues with it. Electricity, to be honest with you, at the point that I was at with my wife, you could have talked to me, really wouldn't have mattered. I mean, you know, I I've dedicated my life to taking care of people, and then when I needed it, no money for cancer research. It wasn't like they could hide it from me. It just stopped. One day, it just stopped. Somebody took a switch and said, "No."

Lee Dennis

And the reality behind it was that there wasn't anything going to stop me from giving her what The only thing I could give her was me for the last six months of her life.

Chair

Understood.

Lee Dennis

So I apologize to the city and everybody else for having a house that, if you looked inside of it, looked like it wasn't the best organized house in the in the world.

Lee Dennis

But as to what I'm being asked to do now, I'm I'm having trouble because, I mean, I've had the house now, you know, wood floors torn out and drywall over here. I didn't cut the electricity, of course, it got cut off, $39 bill. And I don't have to tell any of you guys that, you know, this has probably been the worst winter we've had in I don't know, I'm 70 years old, I don't remember it being too much worse than this, maybe looking when I was younger. So as you can imagine, the pipes didn't make it.

Lee Dennis

Uh I had to shut the water off to the house, but I didn't realize that construction guys can pull valves leading to the house, and, of course, it cracked to that valve. Uh So it's taken me a while to be able to try to get things back in some kind of shape. My older brother decided it would be best maybe for him to try to help me with this particular process in terms of it because it's it was never never as simple as as all that.

Lee Dennis

So

Chair

Okay. Mr. Kopp, if if he if I may gi- give him the floor just to clarify?

Eddie Kopp

I just need to clarify one thing um before you today, yes, there is a vacant building case and, according to his notes, my mistake is I assume this is a vacant building case, but this particular case, 26-341, is in reference to a dangerous building case. There is a dangerous building and a vacant building case on this property. Um So the citations were issued for failure to correct the dangerous

Chair

And what was what was the needed corrective action?

Eddie Kopp

Uh dangerous building would be the dangerous building was established due to the lack of electricity. Um Once the electricity is restored, we would just do a inspection of the property to be safe. Um But due to testimony here today, that with what was explained, it would the combination wouldn't be able to be lifted if it is missing floors and it's in a state of disrepair uh that was explained here today. So

Eddie Kopp

the unfortunately, the dangerous building case would remain in effect. Um I think at this juncture, it would be worth asking um to estimate time is there a time period to when the property would be brought into compliance to where we could maybe extend the case and try to help?

Lee Dennis

Well, see, I have a great deal of difficulty because it's difficult for me to be able to because now you're telling me something that's new. Didn't know this.

Eddie Kopp

That's that's condemned.

Lee Dennis

Well, it was condemned, but never really given a reason for condemned. So you understand that you said on on February the 2nd there was a notice for vacancy, correct?

Eddie Kopp

Yes, so and I sent

Lee Dennis

No, I'm just asking a question. It's either yes or no.

Eddie Kopp

So So I do stand corrected. It was uh it's a dangerous building, and I can read to you what was in the letter uh for the condemnation. Says, "This property is condemned due to lack of active utilities and unsanitary conditions observed at the front uh of the property. Make all necessary repairs and contact the Division of Code Enforcement to have the condemnation lifted." So that was the notice that was sent. That was a second case. Um The condemnation case was additional to the vacant building case that started last year, which had been case 25-5161, which is the vacant building case that started uh the previous year. So there's two cases on the property.

Lee Dennis

Mm-hmm.

Lee Dennis

So understand that I Friday, it's it's uh Friday, it's vacant, which is what I find out. Monday, it's condemned.

Eddie Kopp

What It does make sense as I read through his notes is it looks like it has been legally placarded, and the placards have been removed on several occasions based on Mr. England's notes. So uh when we placard a property, all entry points to the property will be placarded with condemned. That's the notices he's referring to that's been removed from the property is those um those condemned placards. So although we send notice, we do send a certified notice, we also placard the building, and it does appear that Mr. England has replacarded the building at least on two occasions based on his notes.

Lee Dennis

Well, if he's replacarded it on two occasions, you've got somebody that's stealing placards. That's one. Two, I would suggest that you put on better glue than the glue that you put it on because if you put that on the front of my door, which faces due east,

what the city

went through and there's nothing, isn't going to give me any evidence that it's a condemnable piece of property.

Mrs. Pratt

If I may. Mrs. Pratt, yes, go ahead.

Mrs. Pratt

Um, if I can, I I did visit the property uh once with Mr. Emlen back in the winter, um to assist with, I believe the first time that he placarded them, excuse me for not having the exact dates. Um, to my recollection, it was being condemned at that point due to the lack of utilities. So um although it it almost seems that they would be the same thing, the vacant building case is in reference to the fact of the property's not habitable, or the property's not being um used as a dwelling at the moment, and then the condemnation case is based off the lack of utilities at the property.

what the city

But they are related.

Mrs. Pratt

Um, they can be, yes, absolutely.

what the city

No, no, no, no, no, no, no. It's not they can be, they are related because the way that you know a house, by your definitions, because I continue to say, if the house is vacant, where am I? Where do I exist? If the house is vacant. So-

Mrs. Pratt

If I may-

what the city

Somewhere else, I guess, cuz... Right. But not really, cuz that's my home.

Board Member

Well, how how you have a home with no electricity?

what the city

I live on a boat that has no electricity. I can live without electricity. So, like, that's not, that to me is just a germane issue in terms of it. It's it's merely, it's vacant by your definition of what is vacant, and I'm willing to concede that 90 days of somebody not being in a house is vacant. You were keyed off to it by the fact that the electricity got cut off. That's what cues it up in terms of it. That's fine, I'm not going to deny any of that. It's how we move from vacant to condemned in such a short period of time, no ability to correct in terms of it from this standpoint, and the fact that by looking in windows, you're able to make determinations that I can't correct for you to then be able to look into those same windows and see that those issues have been corrected.

Chair

Mrs. Pratt.

Mrs. Pratt

If I may, sir. Um, if I can try to to shed some light on that, the International Code Council um has the International Property Maintenance Code, and that's what we use to govern a a lot of our property maintenance violations. So, in the International Property Maintenance Code, it does reference under um I believe it's section 108, which is general. Um, it states that any property that has been vacant for longer than 90 days and any property without active utilities—water, electric, um or gas if your gas service um takes care of your heat, water heater, things of that nature—that would make it condemnable, so that would make it to where it's uninhabitable. Um, anything that is, you know, without those utilities makes it to where it's not safe for human habitation. So that's where the condemnation comes in. It did start with the vacant building, condemnation came in due to the lack of utilities as well. So, I can understand the confusion, but they do kind of go together in a situation where there isn't any utilities.

what the city

Yeah, that's what I mean, that they are related.

Chair

Mr. Mr. Copp, you're recognized.

Director Copp

Um, and and just a caveat on that, uh Mrs. Pratt is correct. But when it comes to condemnation, you don't need but one uh one of those factors, and the fact it could very well be utilities. Uh the lack of utilities is um, unfortunately, a health and life safety concern, which is why the ICC recognizes it as a condemn factor, and uh a condemnation was placed. So, even if the building was not vacant and even if there was not a previous case, the lack of utilities for a property uh would require the condemnation based on that. And the ICC code's just just for the record, um the International Code Council, 2009 International Property Maintenance Code, was adopted in chapter 22-221 of the Dover Code of Ordinances. So, that section was adopted in code, and that's the code that we're referencing.

Chair

Any any comments?

Andre M. Boggerty

Um, I I have a question if you get a chance.

Chair

Mr. Boggerty, you're recognized.

Andre M. Boggerty

All right, thank you. Um, again, think uh I'm I'm leaning in to try to hear. Um, I I think I I think you I think it was stated just for clarity that you currently or you alternate your time between the boat and the home, is that what I heard you saying?

what the city

Correct.

Andre M. Boggerty

All right, and if there's no, um, and then in the home, and you said you're able to live without electricity-

what the city

From the city, yeah, mm-hmm.

Andre M. Boggerty

Huh?

what the city

From the city, yeah, mm-hmm.

Andre M. Boggerty

From the city. So what sources of electricity, heat, water-

what the city

You can use solar, and use a generator power. Those are the powers I have.

Andre M. Boggerty

You use a generator inside the home?

what the city

When it comes to the home, the home is not, the home didn't require any power. The hot water heater was on in terms of it. Um, I I did not really intend for the power to be cut off uh at all, so just understand that I was not aware that the power had even been necessarily uh uh cut off from it. If anything, my major problem in my house had been my heat had gone off. So, our gas heater was no longer a functional part of the house.

Andre M. Boggerty

Yeah, and my colleague raised a uh a point, although we're supposed to bifurcate, but I will raise the point again, um winter's coming, how and you know, what does that look like um with no heat?

what the city

Are we talking about currently? Are we talking about currently, because we're about to head this all off. You do realize that the house is being renovated. All the floors have been stripped, the drywall work is being done in terms of it, the heat has been replaced. That stuff has been kind of a known deal throughout this whole period of time. So, the power and the heat was restored within 30 days of notification.

Andre M. Boggerty

Okay. So so so the the house does have power now?

what the city

Oh, yeah. The house has had power as soon as I've realized that the house didn't have power and that that was an issue, the house I had to re-power the house in order to try to do anything in the house.

Andre M. Boggerty

Okay, that I'm sorry. And and it part of me it may sound redundant, but I if you see me leaning in, again, you know, I I didn't want to come and pass this bug around to individuals, but I definitely wanted to be in attendance. So maybe you said it and I and unfortunately it passed me. All right. And and then and then now that the house is being redone, uh um Mr. Cop- uh Officer Copp, is that is the work that's being redone in the house, is that something that has required permits, or no work, the work is not like internal work is not something, the work being done is not something that needed, required permits, that does not require permits?

Director Copp

Um, so just just for clarification, um, in review of the permits, I do see a mechanical permit was issued April 2nd of 2026 for this property. Um, I do not see any residential renovation permit, which would be required if floors are being replaced. If it's as simple as as drywall, that's not structural, that's cosmetic, but when it comes in terms of a floor, it would require um a residential renovation permit, which I do not see on file.

what the city

And when we're talking about flooring, are we are we talking about the carpet, or are we talking about subfloor?

Andre M. Boggerty

Yeah, like I said, yeah, subflooring.

what the city

No, no subflooring has been replaced.

Andre M. Boggerty

Oh. So, what Changing carpet, you don't need a permit for that.

Director Copp

I guess the best question would be what is the scope of work being conducted in the house at this time?

what the city

Drywall and carpet and uh Okay. planking. Okay. Flooring. Wood All right. Oh. LVP.

Director Copp

Okay. Okay, so so that changes things. Um, would it be, I mean I think the best way to resolve this case would be to uh conduct an inspection. I mean, Right. the way the way it was described, the way my interpretation of it is when you first described it was the floors are not walkable, right, it's unsafe to walk on.

what the city

I I see, again, everything that you're talking about and, you know, you can surely draw that conclusion from from your mind, but you can't look in the building and see it, you can't walk on the floors and see it. So, I'm not really sure, and since this is the first you have any inclination that there was ever any water leakage in the house, you're being told that now. So, what the I'm trying to figure out how you knew in the in the past what was going to be told to you in the future.

Director Copp

Well, I'm basing based on your testimony. But, what, where we're at-

Andre M. Boggerty

So is it possible-

Chair

Hang on, hang on, Mr. Boggerty, hang on.

Andre M. Boggerty

I'm sorry, I apologize. I'm I I

Director Copp

Where we're at now, since the electric's been restored, if we're able to inspect the property, that resolves the case. Uh at this point, based on your your testimony, if it's just drywall and floor, it wouldn't require a permit. Um the electric's restored, we verify the electric's restored, um we verify there's uh no life safety concerns, the case is closed.

what the city

And all I need to find out is what are the things that are so incorrect that I need to have corrected for you to be able to come in, because that became my issue. So, I couldn't tell a subcontractor this is what you need to correct, because this is what the city inspectors have told me are the issues. Right. So-

Director Copp

I I think at this point um we want to get this case resolved. Now, there could be additional uh additional concerns there. I can't-

what the city

See, that's my issue with you. You're like saying to me, I got to let you come in, poke through my house, look around, see what you want to find, and then write up, and not have me be able to correct it before you get there, because you did that was the reason for you to be there.

Director Copp

So, since there is a active vacant building case on there, it would require an annual interior inspection of the property. It's all going down the same road. So-

Director Copp

I'm trying to get resolved for this now. So if the electric's been restored and there's no major concerns, if you have cosmetics, like you stated, uh your stuff from your office is there, that's your personal home, so it's not business. So if you have your office materials there that's being stored there, it's your private residence. So, I do know there's a thing in the vacant building ordinance about storage. This is a residential property, it's your property, this isn't a business. So if it was a business being used as storage, then that's where that factor comes in, but because this is your private residence, right, the storage you it's your residence as long as it's not-

what the city

Can I They weren't stored there in terms of it, they are actively being worked on. And they're being stored in a separate site. So most all of that medical stuff, everything that was in the office was actually in storage, I had storage for it. The stuff that's out of that was stuff that you need to have in order to-

Director Copp

Right, so so I just wanted to explain, that would not be a factor here because it is your private residence. It's It's not a business that's being used as storage. So that would not be a factor, that would not be something we would be concerned with. Uh our only concern is is it going to fall apart, basically. The structure. The structure, and-

what the city

And now it'd be some pictures that you can produce, something that you can produce that I could then turn around and explain to somebody,

Board Chair

The motion carries. You have 30 days to schedule your, the inspection.

Board Member

It is basically a walk-through.

Board Chair

Okay?

Appellant

That's the best I get, we'll get what we get, guys. So just understand that. I don't, I personally don't think that this is appropriate. Okay? That's, that's...

Board Chair

I understand.

Appellant

No, you know this is my two minutes.

Board Chair

Well, we don't, you don't have two minutes. We already, we already passed judgment on it.

Appellant

I understand that in terms of it, but I'm taking two minutes to get to the board.

Board Chair

Right. Okay.

Appellant

I just don't, I don't think that this is, I don't think that this is accomplishing what you think it's accomplishing. It's just going to make more bad will.

Board Member

No, we're just trying to get you off the hook.

Appellant

No, because somebody's able to come to my house and peek in my windows in terms of it and say, 'Oh, we need to come into this place', make statements that really might put the city in a little bit of, in a little bit of jeopardy and that you can't make you know statements that you cannot back up...

Board Chair

Well, I have to make one statement before we go any further. Uh without, since there's no further business for the Construction Property Maintenance Code Enforcement Board of Appeals, I now call this meeting adjourned.

Board Member

Thank you. Very good.

Board Chair

Okay. I'm sorry.

Appellant

No, that's all right. But just understand that. I don't, you know, this to me is a, is very evasive.