SPECIAL COUNCIL MEETING VDBO MINUTES AND EXHIBITS 1-2
City Council Meetings. Aug 7, 2017.
This text was pulled from the PDF automatically and may contain mistakes. The PDF is the official record, so check it before relying on this.
33 pages have little or no readable text here, often scans or drawings. See the PDF for those.
Page 1
SPECIAL COUNCIL MEETING
A Special Council Meeting was held on August 7, 2017 at 6:01 p.m. with Council President Slavin
presiding. Council members present were Mr. Anderson (arrived at 6:09 p.m.), Mr. Sudler, Mr. Neil,
Mr. Polce, and Mr. Hare. Mr. Lewis, Mr. Cole, and Mr. Lindell were absent. Mayor Christiansen
was also absent.
Council staff members present were Mr. Hugg, Mrs. McDowell, and Mr. Pepper.
ADOPTION OF AGENDA
Mr. Sudler moved for approval of the agenda, seconded by Mr. Hare and unanimously
carried.
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 803 WESTVIEW TERRACE, OWNED BY
WILLIAM R. MASTEN
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 803 Westview Terrace, owned by William R. Masten.
Mr. David Hugg, Acting Director of Planning and Community Development, advised that the
structure is an in-ground concrete pool with a vinyl liner and there is a concrete walkway around the
top of the pool. The dwelling where the pool is located has been vacant since March of 2013, and
is currently registered with the City as a Vacant Building. On June 9, 2017, City Staff condemned
the in-ground pool as an unsafe structure due to it being dangerous to the life, health, and safety of
the public due to the deterioration of the wood pool cover and open access to the pool. Recently, the
two (2) four-foot gates have been secured along with the gate along the alley. City Staff found, on
July 28, 2017, that the wood pool cover had been removed and replaced with a standard mesh pool
tarp. Currently the principle structure is vacant with no active utilities and the pool remains covered.
Mr. Hugg reviewed a presentation depicting the condition of the property (Exhibit #1).
Staff recommended: 1) declaring the in-ground concrete pool and pump on this property dangerous;
2) ordering the in-ground concrete pool and pump demolished by September 7, 2017, by the owners
or equity owners at their own risk; 3) ordering the Building Inspector to cause the demolition of the
in-ground pool and pump if not completed by the owners within 10 days of the date established by
City Council; and 4) ordering the City Manager, with the assistance of the City Solicitor, to cause
the cost of demolition to be charged against the lands on which the in-ground concrete pool and
pump exist as a municipal lien or cause such costs to be added to the tax duplicate as an assessment,
or to be levied as a special tax, or to be recovered in a suit at law against the owners.
Referring to a photo depicting the standard mesh pool tarp which staff found to be covering the pool
on July 28, 2017, Mr. Hare noted that the tarp was not secured down, it had two (2) planks of wood
holding it down and one (1) of them had blown off the tarp, and the front side of the pool had started
to come in. He stated that the wooden fence was falling apart and, from the neighbor’s yard, you can
look right through the fence, explaining that the woman who lives next door allowed him to go into
her yard and look through. Mr. Hare noted that the siding was also falling off the house.
Page 2
SPECIAL COUNCIL MEETING OF AUGUST 7, 2017 PAGE 2
Council President Slavin declared the public hearing open.
There being no one present wishing to speak, Council President Slavin declared the public hearing
closed.
Mr. Hare moved to accept staff’s recommendation to: 1) declare the in-ground concrete pool and
pump on this property dangerous; 2) order the in-ground concrete pool and pump demolished by
September 7, 2017, by the owners or equity owners at their own risk; 3) order the Building Inspector
to cause the demolition of the in-ground pool and pump if not completed by the owners within 10
days of the date established by City Council; and 4) order the City Manager, with the assistance of
the City Solicitor, to cause the cost of demolition to be charged against the lands on which the
in-ground concrete pool and pump exist as a municipal lien or cause such costs to be added to the
tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owners. The motion was seconded by Mr. Anderson.
Mr. Hare asked what would happen if, after the meeting, the property owner called to say they were
going to fix the problems. Responding, Mr. William Pepper, Deputy City Solicitor, advised that,
in the past, the City has allowed that to be done; however, he has generally opposed it because,
having seen this process work through for the last 15 years, the City does not make much progress.
He stated that he always takes the position that the property owner has until the date specified in the
motion to take care of it.
Mr. Hare asked if they would have to demolish it and Mr. Pepper indicated that they would.
Mr. Hare stated his understanding that the property was owned by Bank of America and asked if they
would have to come back to Council if they were going to oppose Council’s action. Responding,
Mr. Pepper advised that he did not think that the property was yet owned by Bank of America,
explaining that they may have a mortgage and it may be in foreclosure; however, it had apparently
not gone to a foreclosure sale since Kent County Property Information (P.R.I.D.E.) was still showing
William Masten as the owner. Mr. Hare stated that the property had gone to sheriff’s sale and the
bank had either bought it back or not let it be sold. In response, Mr. Pepper indicated that, if the
property had gone to sheriff’s sale, it could be that Bank of America had not placed the title in their
name by recording the sheriff’s deed.
Responding to Mr. Sudler, Mr. Pepper advised that if the bank were to prove that they had placed
a title in their name prior to Council taking a vote, it would not cause Council to have to come back
and provide the bank an opportunity to speak and it would not start the process all over again
because they got notice by sending it to their foreclosure counsel.
The motion to accept staff’s recommendation to: 1) declare the in-ground concrete pool and
pump on this property dangerous; 2) order the in-ground concrete pool and pump demolished
by September 7, 2017, by the owners or equity owners at their own risk; 3) order the Building
Inspector to cause the demolition of the in-ground pool and pump if not completed by the
owners within 10 days of the date established by City Council; and 4) order the City Manager,
with the assistance of the City Solicitor, to cause the cost of demolition to be charged against
the lands on which the in-ground concrete pool and pump exist as a municipal lien or cause
such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or
Page 3
SPECIAL COUNCIL MEETING OF AUGUST 7, 2017 PAGE 3
to be recovered in a suit at law against the owners was carried by a unanimous roll call vote
(Mr. Lewis, Mr. Cole, and Mr. Lindell absent).
PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE -
PROPERTY LOCATED AT 2292 WHITE OAK ROAD, OWNED BY RUTH GLOBE
A public hearing was duly advertised for this time and place to consider a violation of the Dangerous
Building Ordinance at 2292 White Oak Road, owned by Ruth Globe.
Mr. David Hugg, Acting Director of Planning and Community Development, advised that the
property is a two-story, wood-framed single-family home. The house has been vacant since
November of 2016, and is registered with the City as a Vacant Building. Utilities were terminated
on October 31, 2016. On April 12, 2017, City Staff from the Planning and Inspections Department
condemned the structure as unfit for human occupancy due to no active utilities and outstanding code
violations. Currently the home is still vacant with numerous outstanding code violations. Mr. Hugg
reviewed a presentation depicting the condition of the property (Exhibit #2).
Staff recommended: 1) declaring this building and all accessory structures on this property
dangerous; 2) ordering the property demolished by September 7, 2017, by the owners or equity
owners at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures
if not completed by the owners within 10 days of the date established by City Council; and
4) ordering the City Manager, with the assistance of the City Solicitor, to cause the cost of
demolition to be charged against the lands on which the buildings exist as municipal liens or cause
such costs to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be
recovered in a suit at law against the owners.
Council President Slavin declared the public hearing open.
There being no one present wishing to speak, Council President Slavin declared the public hearing
closed.
Mr. Hare moved to accept staff’s recommendation to: 1) declare this building and all
accessory structures on this property dangerous; 2) order the property demolished by
September 7, 2017, by the owners or equity owners at their own risk; 3) order the Building
Inspector to cause the demolition of the structures if not completed by the owners within 10
days of the date established by City Council; and 4) order the City Manager, with the
assistance of the City Solicitor, to cause the cost of demolition to be charged against the lands
on which the buildings exist as municipal liens or cause such costs to be added to the tax
duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law
against the owners. The motion was seconded by Mr. Neil and carried by a unanimous roll
call vote (Mr. Lewis, Mr. Cole, and Mr. Lindell absent).
Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried.
Page 4
SPECIAL COUNCIL MEETING OF AUGUST 7, 2017 PAGE 4
Meeting adjourned at 6:21 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of August 7, 2017, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2017\08-07-2017 SPECIAL COUNCIL MEETING VDBO MINUTES.wpd
Exhibits
Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 803 Westview Terrace
Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 2292 White Oak Road
Page 5
EXHIBIT #1
Special City Council Meeting of 08/07/2017
Violation of Dangerous
Building Ordinance
803 Westview Terrace
Planning & Inspections Department
Dover, Delaware
August 7, 2017
Page 6
803 Westview Terrace
Case History
The dwelling was registered vacant by the City on
April 1, 2013
The utilities were terminated on December 2, 2012.
The pool was condemned on June 6, 2014, as an
unsafe structure. At that time, the mortgage
company made repairs to the pool and covered it
with a wood framed structure, and the case was
closed as compliance.
On June 9, 2017, the side gate was found
unsecured with the wood pool cover being found in
a dilapidated condition. The pool was condemned
as an unsafe structure and notice was sent to the
owner and lien holder.
Page 7
803 Westview Terrace
Case History
On July 28, 2017, City Staff that the side and rear gates to the
pool have been secured and locked, along with the wooden
pool structure being removed from the property. The pool
currently has a blue pool tarp on it.
Taxes and utilities are paid in full
All Vacant Building Fees have been paid including 5th year
registration fee
Only owed fee is a $50.00 grass citation from a June code
enforcement case for tall grass
Page 26
Recommended Council Action
Declare the in-ground concrete pool and pump on this property
dangerous.
Order the in-ground concrete pool and pump demolished by
September 7, 2017 by the owner or equity owner at their own risk.
Order the Building Inspector to cause demolition of the in-ground
concrete pool and pump if not completed by the owner within 10
days of the date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.
Page 27
EXHIBIT #2
Special City Council Meeting of 08/07/2017
Violation of Dangerous
Building Ordinance
2292 White Oak Road
Planning & Inspections Department
Dover, Delaware
August 7, 2017
Page 28
2292 White Oak Road
Case History
4 code enforcement cases since 2016
Exterior code violations – Grass violations
Vehicles parked in the yard – Junk and Debris
The utilities were terminated on October 31, 2016
Registered as vacant by the city on February 9,
2017
Condemned as unfit for human occupancy on April
12, 2017
Outstanding Charges
$1,250.00 in outstanding Code Citations
Utilities and taxes are paid
Current Vacant Building Fee has been paid
Page 29
2292 White Oak Road
Current Condition
Deterioration of the roof
Mold and deterioration of interior due to
water intrusion
Deterioration of siding
Partial addition built without required permits
Overall deterioration and lack of
maintenance
Page 30
Dangerous Building Code –
Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation.
(9) General welfare.
(10) Code violations.
(12) Unoccupied buildings.
Page 46
Recommended Council Action
Declare this building and all accessory structures on this property
dangerous.
Order the property demolished by September 7, 2017 by the
owner or equity owner at their own risk.
Order the Building Inspector to cause the demolition of the
structures if not completed by the owner within 10 days of the
date established by City Council.
Order the City Manager with the assistance of the City Solicitor to
cause the cost of demolition to be charged against the land on
which the building exists as a municipal lien or cause such cost to
be added to the tax duplicate as an assessment, or to be levied as
a special tax, or to be recovered in a suit at law against the owner.