Regular Council Minutes

REGULAR CITY COUNCIL MEETING The Regular City Council Meeting was held on June 24, 2024, at 6:30 p.m. with Council President Anderson presiding. Council members present were Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Dr. Sudler (in at 6:20 p.m.), and Mr. Lewis (out at 8:25 p.m.). Mr. Hare was absent. Staff members present were Police Chief Johnson, Ms. Marney, Mr. Hugg, Ms. Melson- Williams, Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 6:16 p.m., prior to commencement of the Official Council Meeting. Council President Anderson declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Christina Kober, a City of Dover retiree, stated that. whatever option council chooses, they are thankful for the opportunity to have open discussions regarding the Cost-of-Living Adjustments. Alfreda Fisher Dean, 728 Bicentennial Boulevard, Dover, stated that a transformer knocked out her stereo equipment and found in speaking to Councilman Rocha that a squirrel caused the damage. She explained that if she was in a car accident and she hit one of the transformers and her car had to be repaired, their insurance would have to cover the cost, with no questions asked. Ms. Dean explained that she received a letter and that their insurance company refused her claim. She had spoken with Mr. Dill who is a budget analyst, and was told that he would file the claim, which he did. She feels that the city should see that she gets a new stereo system because she did not ask for this. Ms. Dean inquired about whether the city has a surge protector with the electric department in case this happens again. She noted that she did send a picture of the stereo equipment and the receipt when it was purchased. Ms. Dean feels that it should not be her responsibility to purchase another stereo equipment. She feels that the city should do something to help her get this. John Van Gorp, Vice President at Bay Health, 640 East South State Street, Dover, stated that he wanted to thank the council members for working and collaborating with Bay Health. He appreciated the camaraderie, responsiveness, and willingness to help with important health issues for the community and hoped to return the favor. Mr. Van Gorp believed that they have a good cordial relationship and wanted to extend his thanks for that. Hopefully, they can continue open communication with each other. Amber Embert, manager at Puffsters, 115 West Loockerman Street, Dover, stated that she spent last Thursday making a loop around downtown Dover to petition the city’s stance in proposing to not allow retail marijuana stores or product manufacturing facilities. She has been receiving an overwhelming amount of support from downtown businesses who believe they should be able to transition their stores to retail marijuana stores, under the law, and only two businesses did not sign for the same reason. Mr. Todd Stonesifer because he is the president of Downtown Dover Partnership and cannot take a political stance, and the Army Navy store because they have not taken any stances or appeared in the media for any issues for over 60 years. Both owners were adamant that they could relate and that they would not advocate against our goal by any means. She noted that some city officials are leaning towards not supporting retail marijuana stores downtown because they do not see the reason for these stores to be placed downtown. Many people live downtown and do not have transportation. Ms. Embert explained that these residents

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 2 choose to live downtown to have easy and walkable access to nearby stores. Putting a ban in place means these people will have to commute further away for retail marijuana when they choose to move downtown for the convenience it provides. She further explained not everyone who stops at a retail marijuana store will be buying marijuana for just a fun relaxing time, for many it is for medical reasons, and did not choose to get a medical card because of the cost, the hassle, or the restriction due to not having a qualifying medical condition. There is no medical marijuana store in Downtown Dover currently and these people should not be denied access to their medicine when they have a good business, such as Puffster, willing to step in and fulfill a community need. Nicole Chick, owner of Puffsters, 115 West Loockerman Street, Dover, explained that there is no argument worth justifying taking away their right to conduct a legal business in the city. Research consistently shows marijuana is not a gateway drug. Downtown Dover does have a heroin problem. Ms. Chick stated that those bad apples are not creating issues downtown due to marijuana. One concern that was brought forward was that there are many security measures retail marijuana stores must take that are already in the new HB-2 law, such as having a locked entry. The store immediately tells anyone loitering to move along, not only in front of their business but for years they have had agreements with nearby businesses and enforce their no loitering policies as well as staying open after hours seven (7) days a week. It is not fair to discriminate against marijuana, and with the new lawsuits, no one can have marijuana or marijuana products displayed in a way that is visible to the public. The law also states that it is illegal to smoke marijuana in public, so the marijuana would be packaged in safe friendly packaging so there would be no odors, and no marijuana odors inside or outside of the boutique store. INVOCATION The invocation was given by Elder Ellis B. Louden. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Councilman Neil. ADOPTION OF AGENDA Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty, and unanimously carried (Hare absent). ADOPTION OF CONSENT AGENDA All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. Mr. Neil moved for adoption of the consent agenda. The motion was seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent).

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 3 PUBLIC HEARING – ELECTRIC FUND BUDGET Mr. Paul Waddell, Electric Director, briefed members on the Electric Fund Budget. Responding to Dr. Sudler, Mr. Waddell expressed his concerns regarding the age of the substation transformers, a key line item in the budget for a system study. He put a request for information into about six (6) or seven (7) companies back in December. By January, he received multiple quotes, with a budgetary figure of $750,000 based on models from other cities’ system studies. He explained that the scope of the study encompassed 15 separate items that included the distribution system, transmission system, the impact of EVs, the impact of solar penetration, and wind turbines. The distribution transformers alone can cost between $1 million to $2 million each, depending on the size needed. The system study aims to project future needs based on whether they have full electrification, 50%, and 25% adoption, and that will let them choose the size of the substation transformers accordingly. Mr. Waddell emphasized that the system study is crucial for strategic planning and to prevent the costly mistake of purchasing new transformers shortly after acquiring ones that turn out to be inadequately sized. Responding to Dr. Sudler, Mr. Waddell stated that there is a lot of new technology out there. He explained that another facet of the system study was looking back at the feasibility of it, is it the latest and greatest technology and a good fit for their system. The CO-OP may benefit from system regulators and auto reclosers, but they have very long feeders. They do not have but maybe one or two long feeders that would be a good candidate for that technology and to put $2 to $3 million into putting that into their city would be an overkill and it would be redundant when they can just use simple fusing. Responding to Mr. Lewis, Mr. Waddell stated that it was a combination of both staff calculations and the rate study contractor. He has the tools that the rate study analyst provided and was able to put the data in the security lighting and the LED roadways. They have replaced those from high-pressure sodium and mercury vapors with LED. That cut consumption by 75%. All that rate encompassing is projected energy usage and that is what is shown in the new rates and tariffs. Responding to Mr. Neil, Ms. Marney stated that it is an overestimate for those that have not been collected because they do have some larger commercial customers. She noted that the figure is roughly $100,000 a year that is written off, and that is for all utility receivables, not just for electric but also for water and trash. Responding to Mr. Neil, Ms. Marney explained that several years ago they used a convenience fee through Choice Pay. Customers would use their credit cards online to pay their bills and would have to pay a $4.95 fee when they paid. This would help offset the merchant services charges. She noted at the time, they had a lower percentage of individuals using credit cards and eCheck payments. There is a reflection of changes that happened during the pandemic with using more credit card services in digital services and reflected the bank service fees, the credit merchant fees, and so forth. She noted that they considered having a service fee charge to the customers as a pass-along to help offset those charges. Ms. Marney stated that this was the actual estimate of what the credit card fees were. Responding to Dr. Sudler, Ms. Marney explained that the figure that is put into the budget is the typical budgeted allocation. If the final number is below the budget amount, as it has been for

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 4 several years, then those funds would move over to the financial statements and carry forward numbers, and those funds could be used for future needs in the electric fund. When the rate studies are done, they consider all those items. That is part of the information that they provide to the rate study agency along with what the actual write-offs were as well. Ms. Marney further explained that it is difficult to predict but with the policies and procedures that they have put in place with customer service, they have been able to increase the number of collections in the last 15 years. Responding to Mr. Lewis, Mr. Hugg stated that looking at the cost of operations, they will see a trend that the city is operating in a deficit. Trash trucks are two (2) to three (3) times what they used to be in terms of cost, fuel maintenance, and employee salaries, which are all enterprise funds, are required to cover the costs of operations, and the only way they can do that is either reduce service or increase the rate. Mr. Hugg does not have specific breakdowns, but they are facing some significant costs. The cost is between $400,000 to $500,000 currently for a trash truck and that is a major investment that has to be covered by the rates. Responding to Mr. Boggerty, Ms. Marney stated that depending on the type of transaction, it is between 2.5% and 2.95%, if it is a credit card, and the type of credit card used. There is a schedule of percentages associated with the different types of credit cards, for example, Discover versus Visa, the percentages can differ. There are ways that customers can save money and the city would also save money by using bank drafting. It does not cost the city or the customer anything to use, and it would go directly to customer service. This is where the monthly payment would be automatically drafted from the bank account. Mr. Anderson declared the Public Hearing opened at 6:53 p.m. There being no one present wishing to speak during the public hearing, Council President Anderson declared the Public Hearing closed at 6:54 p.m. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JUNE 10, 2024 The Minutes of the Regular Council Meeting of June 10, 2024, were unanimously approved by motion of Mr. Neil moved for adoption of the consent agenda. The motion was seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). COUNCIL COMMITTEE OF THE WHOLE REPORT – June 11, 2024 The Council Committee of the Whole met on June 11, 2024, at 6:06 p.m. with Council President Anderson presiding. Members of Council present were Ms. Arndt, Mr. Hare, Mr. Lewis, Mr. Neil (via WebEx), Dr. Pillsbury, and Mr. Rocha. Mr. Boggerty and Mr. Sudler were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Iriowen (Utility), and Mr. Shevock (via WebEx) (Legislative, Finance, and Administration). Mr. Pugh (Utility), and Mr. Garfinkel (Legislative, Finance, and Administration) were absent. ADOPTION OF AGENDA Ms. Arndt moved for adoption of the agenda, seconded by Mr. Rocha and unanimously carried.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 5 Mayor and Council Reports – May 2024 First District Dr. Pillsbury reported that she has had several constituent concerns brought to her attention. She stated that all the issues have been resolved except for one. Mr. Rocha reported that he has been working closely with Dr. Pillsbury to address First District issues so that they are not doing double the work. Second District Mr. Lewis had no report to give. Mr. Hare had no report to give. Third District Ms. Arndt reported that she and Mr. Neil continue to represent council on the Downtown Dover Partnership Board and that she continues to represent council on the Unhoused Working Group with Councilman Rocha. She explained that she and Mr. Neil submitted a letter of support for the Luther Village Housing and Urban Development funding proposal. Finally, Ms. Arndt reported that she and Mr. Neil have answered several constituent issues and complaints. Mr. Neil provided his report electronically (Attachment #1). Fourth District Mr. Sudler was absent, no report was given. At-Large Mr. Boggerty was absent, no report was given. Mayor Christiansen Mayor Christiansen stated that he will not be submitting a report as the public knows the job that is being done. Council President Anderson Council President Anderson reported that there are a few constituent issues that are being worked on in the Fourth District. Mr. Anderson explained that the two main concerns are the house at 2 South Queen Street and several residents on North New Street. Mr. Anderson also reported that several issues have been raised with handicapped parking concerns. Mr. Anderson thanked the staff who worked on the budget, all the departments who brought forward legislation changes, and the City Clerk’s Office for making sure all of the proposed changes were placed in proper format, proofed, and available for what seemed like impossible deadlines. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by unanimous roll call vote (Hare absent).

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 6 UTILITY COMMITTEE The Utility Committee met with Chairman Neil presiding. Adoption of Agenda Dr. Pillsbury moved for adoption of the agenda, seconded by Mr. Arndt and unanimously carried. Evaluation of Bids – FY24 Inflow & Infiltration Rehabilitation Project (Jason Lyon, Water/Wastewater Director) Mr. Jason Lyon, Water/Wastewater Director, reviewed the background and analysis regarding the Inflow and Infiltration Rehabilitation Project. Staff recommended awarding the contract to Insituform Technologies, LLC, for the City of Dover FY24 Inflow & Infiltration Rehabilitation Project, Bid #24- 0031WW, for the amount of #1,279,530.00. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Dr. Pillsbury and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the meeting adjourned at 6:16 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Rocha presiding. Adoption of Agenda Dr. Pillsbury moved for adoption of the agenda, seconded by Ms. Arndt and unanimously carried. Evaluation of Bids – Relay Panels for Garrison Oak Technology & Business Park (GOTBP) (Paul Waddell, Electric Director) Mr. Paul Waddell, Electric Director, reviewed the background and analysis regarding the Relay Panels for Garrison Oak Technology & Business Park. Staff recommended awarding the contract to Electrical Power Products, Bid #24- 0028EL, for the amount of $251,201.00. Responding to Mr. Lewis, Mr. Waddell stated that the project was budgeted for, and the entire project is currently running under budget. Responding to Mr. Lewis, Mr. Waddell stated that the substation would be dedicated solely to the business park. Mr. Waddell explained that currently there

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 7 is one 50 Mega Volt Amp (MVA) transformer in the park. However, with the design of the substation, there is a provision to place a second transformer in the park if the load were to grow beyond 50 MVA. Adding a second transformer would also provide the ability to switch the load in the event of an emergency, or during an outage between Horse Pond Road and Dover Downs. Mr. Waddell explained that providing another transformer will not only provide power to the customers of the technology park but will enhance system resiliency. Mr. Hare moved to recommend accepting the staff recommendation. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Discussion – Fiscal Year 2024 Audit Program (Patricia Marney, Interim Controller/Treasurer) Ms. Patricia Marney, Interim Controller/Treasurer, reviewed the background and analysis regarding the Fiscal Year 2024 Audit Program. Staff recommended accepting the Audit Program. Ms. Arndt moved to recommend accepting the audit program. The motion was seconded by Dr. Pillsbury and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Proposed Ordinance #2024-22 – Amending Chapter 26 – Businesses, Article II – Licenses, and Appendix F – Fees and Fines (David S. Hugg, III, City Manager) Mr. David S. Hugg, III, City Manager, and Kristen Mullaney, Licensing and Permitting Supervisor, reviewed the proposed changes in Ordinance #2024-22. Staff recommended approval of Proposed Ordinance #2024-22. Responding to Mr. Lewis, Mr. Hugg stated that all new fees and fines will be published on the city's website, in available materials, and made accessible to the public through calls or in-person visits. Responding to Mr. Lewis, Ms. Mullaney stated that license renewals will be issued in July, which is why the proposed changes are being discussed at this time. Responding to Mr. Anderson, Ms. Mullaney stated that currently, food trucks must obtain two licenses to operate as mobile food trucks. With the proposed changes, they will only have to obtain one license and pay one fee instead of two.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 8 Responding to Mr. Anderson, Ms. Mullaney stated that if they only do a one-time event in the city, they would not have to pay the full $180. Instead, they would still fall under the itinerant merchant license, as they do currently. Responding to Mr. Anderson, Ms. Mullaney stated that the definition and fees for online sales were added due to an influx of people applying for that type of license. Ms. Mullaney stated that they currently do not have that type of license category therefore it was added to keep track of the license application. Responding to Mr. Anderson, Ms. Mullaney stated that he was correct and that there would be no way for them to enforce the license requirement and fees because they would not know if someone was operating an online business unless they came in to apply for that license. Ms. Mullaney explained that adding the permit is more for the record-keeping process. Mr. Hugg explained that certain home operations are covered under the zoning ordinance. Adding online businesses would allow those conducting business from home or in a residential district to obtain a license recognizing their home sales operation. Ms. Arndt requested that “warehouseman” be changed to warehouse operator. Mr. Anderson proposed amending the ordinance by removing lines 226, 227, 228, and the corresponding reference in Appendix F because it would be impossible to enforce, and it does not serve to improve the life of the city's people. Mayor Christiansen stated that he disagreed with Mr. Anderson's proposed amendment. Mr. Anderson moved to delete lines 226, 227, 228, and the corresponding reference in Appendix F. The motion was seconded by Ms. Arndt and unanimously carried. Mr. Anderson moved to accept and approve the ordinance as amended. The motion was seconded by Ms. Arndt and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Proposed Ordinance #2024-23 – Amending Chapter 106 – Traffic and Vehicles, Article I – In General, Sec. 106-14. – Off-road Motor Vehicle Regulations (Council President Anderson) Council President Anderson, and Thomas Johnson, Chief of Police, reviewed the background regarding the proposed changes in Ordinance #2024-23. Staff recommended approval of Proposed Ordinance #2024-23.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 9 Responding to Mayor Christiansen, Chief Johnson stated that they could follow his recommendation to sell the vehicle and apply the proceeds to the Dover Strong Fund or another initiative benefiting the city's citizens. Chief Johnson explained that he also proposed creating a victim’s fund because off-road vehicles are often involved in accidents resulting in injuries and tragedies. Mayor Christiansen explained that all funds that come from the forfeiture of the vehicles should be directed back toward the citizens no matter the mechanism. He noted that many citizens have been victims of the renegade vehicles on the streets in one way or another. Responding to Mr. Rocha, Chief Johnson explained that his use of the word disposition was with the understanding that the vehicle would be sold versus disposed of. Responding to Mr. Rocha, Chief Johnson explained that if the ordinance passes, there would not be an increase in aggressive enforcement, such as chasing the vehicles. He elaborated that the strategy would involve investigating using technology and surveillance, and if the vehicles are in plain view, they would be subject to seizure. Responding to Ms. Arndt, Chief Johnson stated that the way the state law is written if any property owner gave permission and there was a violation on the private property then the violation would go to the property owner. If a juvenile were stopped on a city street the violation would go to the parent or guardian. Ms. Arndt moved to approve Ordinance #2024-23. The motion was seconded by Mr. Shevock and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Proposed Ordinance #2024-24 – Amending Chapter 26 – Businesses, Article II – Licenses, Sec. 26-31. – Definitions, and Appendix F – Fees and Fines, Chapter 26 (David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior Project Manager at the Rossi Group) Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group, reviewed the background regarding the proposed changes in Ordinance #2024-24. Staff recommended approval of Proposed Ordinance #2024-24. Mr. Robert Coupe, Delaware Marijuana Commissioner, 540 N. Dupont Highway, Dover, emphasized that in Title 4 §1351, cities, towns, and municipalities have the authority to prohibit any of the regulated industries that his office is in charge of licensing. He further stated that 1351 also clarifies that the commissioner shall not issue a license unless the licensee has met the requirements of the local government where they plan to open their establishment. Mr. Coupe explained that there is a Certificate of Compliance, which ensures that his office does not

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 10 approve a license unless the town has determined that the location meets whatever requirements that they have put in place. Mr. Coupe explained that his office is currently working on their regulations, which have been posted and are going through the state process that allows for public feedback. He stated that they received good feedback and made substantive changes, which will be posted again on the first of July. Mr. Coupe explained that Deputy Commissioner Paul Hyland spent a lot of time working on the regulations and they are close to what the final regulations will be. Responding to Mr. Anderson, Mr. Coupe stated that there were no major changes in the security section of the regulations. The only changes to the security section dealt with verbiage referring to diversion prevention plans. Mr. Coupe acknowledged that there are inherent dangers because dispensaries are mostly a cash business. He explained that most of the dispensaries that exist in Delaware have armed security in the building. They are required to have a vault, proper lighting, and video monitoring systems that allows direct access to Mr. Coupe’s office, as is currently required for the Office of Medical Marijuana. This setup enables live monitoring to ensure compliance with all necessary procedures. The dispensaries also must have plans for accidents, acts of violence, and active shooters. Responding to Mr. Anderson, Mr. Coupe stated that Deputy Hyland could speak more on medical marijuana because he oversaw the industry until he joined Mr. Coupe. However, Mr. Coupe explained that they do feel that the medical marijuana security provision has been successful over the last few years. Mr. Coupe explained that there is a bill, House Bill 425, that is proposed to be introduced in the coming weeks that will administratively move the Office of Medical Marijuana under the Office of the Marijuana Commissioner. This approach will enhance efficiency for the state by consolidating regulatory oversight under one agency for both offices. It also opens the possibility of merging the industries, resulting in a single retail center serving both medical patients and adult-use recreational customers. Mr. Paul Hyland, Deputy Commissioner, noted that having video surveillance inside and outside the compassion centers and marijuana businesses has proven beneficial. Law enforcement has frequently requested video footage for unrelated incidents captured by the cameras. This collaboration fosters a positive partnership between the Office of the Marijuana Commissioner and local law enforcement Responding to Ms. Arndt, Mr. Coupe stated that he is unaware of any significant issues placing an additional burden on municipalities in responding to criminal incidents within the medical marijuana industry since its operationalization in 2015. He noted that nearly all the sites he has visited have armed security at the entrance and require the presentation of identification before entry. Additionally, he clarified that there is currently no provision in his budget for reimbursing a town or city for their response to a criminal incident.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 11 Responding to Ms. Arndt, Mr. Coupe explained that any incidents that do occur are reported to his office so they will be tracking any security incidents. Ms. Browyn Sherman, Transportation, and Community Planner at the Rossi Group reviewed the presentation entitled “City of Dover Recreational Marijuana Ordinances – Business Licensing & Zoning”. Ms. Anne Smith, 132 Oakmont Drive, Dover, expressed concerns about how marijuana cultivation can negatively affect the environment. Responding to Mayor Christiansen, Ms. Townshend explained that the 500-foot buffer originally proposed touched every highway commercial property, so it was reduced to 250 feet. She noted that during the previous committee discussion, they were asked to avoid creating a buffer that would essentially prohibit the use within the city limits. The current wording requires the building footprint to be 250 feet from the residential zone, meaning that with a 500-foot buffer, there were few areas in the city where such use would be possible. Ms. Townshend clarified that while she acknowledges the viability of the policy position, it does not align with the direction given at the last Legislative, Finance, and Administration meeting. Responding to Mayor Christiansen, Ms. Townshend stated that they looked at the C-4 zone because at the last committee meeting, it was discussed that it has the highest intensity of commercial use and that was the direction coming from the meeting. She also stated that there are options to not allow the use in the city however, it was not the direction provided when moving forward. Responding to Mayor Christiansen, Ms. Townshend clarified that the buffer requirements were specifically for colleges, universities, schools, residential zones, and hospitals, and not for doctor's offices, pharmacies, restaurants, hotels, grocery stores, homeless shelters, churches, pawn shops, or shopping malls. Mr. Anderson stated that the council's decision to permit use in the C-4 zone was a compromise with the business community. He expressed that attempting to shadow ban it would contradict the will of the people as expressed through the council's vote. Responding to Mr. Anderson, Ms. Sherman stated that there are only a couple of red buildings right outside of the military base that would be affected therefore at the direction of council they could add a thousand-foot buffer further protecting the base as an economic development venue. Mr. Anderson explained that many local state officials have been elected when campaigning on the issue of marijuana. He stated that if the city does nothing the state will decide what happens therefore it is better to develop regulations that restrict the businesses from being downtown, away from the schools and universities.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 12 Mayor Christiansen stated that it is everyone's responsibility to consider all information from constituents and the business community when making decisions. This ensures that decisions are well-informed and based on the information presented. Mr. Rocha suggested that there might be a need for further discussion regarding the distance restrictions, proposing a one-mile separation between retail marijuana stores within the city. He expressed concern about having an excessive number of marijuana stores similar to liquor stores. Additionally, Mr. Rocha agreed with Mr. Anderson, advocating for a buffer of a thousand feet from the Dover Air Force Base. Ms. Cynthia Christiansen, 714 Carol Street, Dover, expressed opposition to the proposed ordinances allowing the addition of marijuana retail stores in downtown Dover. Ms. Christiansen explained that as a long-time city resident, she could walk to school and smell chocolate coming from the General Foods plant and today children walk to school smelling marijuana. She stated that as a public- school educator, marijuana can be smelled at morning drop-offs, on the playground at recess, and the afternoon pickups. Ms. Christiansen expressed concerns with the lack of a buffer around Delaware State University, which has an elementary school, daycare centers, and churches. Ms. Christiansen emphasized her opposition to the ordinances and explained that people come to the city for the history, and it should be kept that way. Ms. Joan Denney, 350 N. State Street, Dover, expressed opposition to the proposed ordinances allowing the addition of marijuana retail stores in downtown Dover. Ms. Denney emphasized the concerns expressed by Ms. Christiansen. She also recalled hearing the past Governor of Texas, Ms. Dorothy Ann Richards speak regarding tobacco, and she expressed that if she had known how much harm tobacco use would cause, she would have never allowed it in Texas. Ms. Denney stated that the city should follow the municipalities down south and prohibit the sale of marijuana downtown. Mr. Adam Windett, 218 N. State Street, Dover, expressed his support for the proposed ordinances allowing the addition of marijuana retail stores in downtown Dover. Mr. Windett explained as a practicing attorney, local business owner, and cannabis consumer he strongly urges council to consider the proposed ordinances. He expressed opposition to the buffers as they are proposed because they limit the number of parcels to a few that are unsuitable for retail cannabis sales. Also, when factoring in a one-mile buffer they are further restricted. Mr. Windett referenced a 2022 study by Whitney Economics which found that the fewer the dispensaries per residence in a city, it is more likely that the city will have sales go through the illicit market. He explained that by creating a large one-mile buffer between the businesses, a buffer to the residential zones, and limiting the C-4 parcels will likely empower the illicit market.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 13 Ms. Lizzie Golob, 20476 Asheville Drive, Millsboro, expressed her opposition to the proposed ordinances as written because they contain very large restrictions on where dispensaries can go. She feels that cannabis is a natural plant and there should be no restrictions on where the businesses can establish their retail stores. Ms. Golob stated that the dispensaries are very safe and secure. Ms. Dina Vendetti, Central Delaware Chamber of Commerce (CDCC) President, 435 N. Dupont Highway, Dover, expressed opposition to the proposed ordinances allowing the addition of marijuana retail stores in downtown Dover. Ms. Vendetti explained that she has conducted some research and been in touch with chamber leaders across the country to find out what mistakes they feel they made so that Dover could learn from them. She stated that apart from one person, all of them said if Dover is interested in building a family-friendly, walkable, bikeable, downtown then allowing the retail sales of marijuana is not the way to go. She explained that there are close to 800 businesses in their membership, and they are concerned about what the ordinances will mean for their businesses. She stated that the CDCC and herself, as a resident of the City of Dover, remain opposed to the proposed ordinances. Ms. Vendetti explained that daycare centers, drug rehabs, and city parks should all be included in the restrictions. Responding to Mr. Anderson, Ms. Vendetti stated that he is correct, her opposition is to retail stores and cultivation. Responding to Mr. Anderson, Ms. Vendetti stated that he is correct, she does not have any opposition to the job intents surrounding testing in the manufacturing zone. She also stated that they are not opposed to medical marijuana either. Ms. Zoe Patchell, Delaware Cannabis Advocacy Network Executive Director, 218 N. State Street, Dover, expressed opposition to the ordinances as proposed as a City of Dover resident. Ms. Patchell stated that the ordinances create an overly restrictive zoning for legal cannabis businesses in Dover. She explained that cannabis was legalized in the State of Delaware and had the overwhelming support of the residents of the State of Delaware. She proposed that legal cannabis businesses be zoned like alcohol businesses. Ms. Patchell explained that cannabis is safer than alcohol in every metric and heavily restricting where legal businesses can operate, ensures that the illicit market prospers. In closing, Ms. Patchell stated that the debate about whether cannabis should be legal or not has already occurred, and it was passed. She strongly urged council to consider the legal businesses that are regulated in one of the most scrutinized industries in the state by a former law enforcement officer and reconsider the overly restricted zoning ordinances. Responding to Mr. Anderson, Ms. Patchell stated that the proposed ordinances should contain more reasonable buffer zones between schools, and they should be more aligned with the alcohol zoning requirements.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 14 Mr. Ethan Whitsett, 226 Chenault Court, Dover, explained that he felt that the buffers are reasonable, however, there are no opportunities for a retail market if there is no area for cultivation. Mr. Whitsett stated that the city could benefit from the industrial economy of the cannabis industry. Ms. Lachelle Paul, 501 Silverside Drive, Wilmington, emphasized the importance of council reaching out to constituents and business owners to gather their input before making any decisions. Ms. Paul stated that regarding the sales of marijuana, there is a need to control the type of marijuana being sold as opposed to the street version that may be laced with fentanyl. Ms. Paul explained that even though marijuana is legal, boundaries still need to be outlined concerning its use. Mr. Hare expressed his agreement with Ms. Paul, stating that he believed more research should be conducted to understand the desires of the constituents. Mr. Hare moved to defer Proposed Ordinance #2024-24 and #2024-25 to a future meeting and asked that the meeting be a Special Legislative, Finance, and Administration meeting. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Proposed Ordinance #2024-25 – Amending Appendix B – Zoning, Article 3 – District Regulations, Sec. 16 – Highway Commercial Zone (C-4), Sec. 19 – Manufacturing Zone (M), Sec. 20 – Industrial Park Manufacturing Zone (IPM), Sec. 23 – Agricultural Zone (A), Article 5 – Supplementary Regulations, and Article 12 – Definitions (David S. Hugg, III, City Manager, and Ann Marie Townshend, Senior Project Manager at the Rossi Group) Mr. David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group, reviewed the background regarding the proposed changes in Ordinance #2024-25. Staff recommended approval of Proposed Ordinance #2024-25. Mr. Hare moved to defer Proposed Ordinance #2024-24 and #2024-25 to a future meeting and asked that the meeting be a Special Legislative, Finance, and Administration meeting. The motion was seconded by Mr. Lewis and unanimously carried. By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration Committee meeting, hearing no objection the meeting adjourned at 8:36 p.m.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 15 Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting, hearing no objection the meeting adjourned at 8:36 p.m. By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Dr. Pillsbury and carried by a unanimous roll call vote (Hare absent). SETTING OF ELECTRIC, WATER, AND WASTEWATER RATES AND TARIFFS Mr. David Hugg, III, City Manager reviewed the Electric, Water, and Wastewater Rates and Tariffs. Responding to Dr. Sudler, Mr. Hugg stated that he has not heard of any significant complaints, he has received comments regarding tax and rate increases. Mr. Neil moved for adoption of the Electric, Water, and Wastewater Rates and Tariffs, seconded by Dr. Pillsbury, and carried by a roll call vote, seven (7) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Anderson), one (1) no (Lewis), and one (1) absent (Hare). REMOVING PROPERTIES FROM THE 10-YEAR TAX ABATEMENT PROGRAM (ALLISON HAINES, INTERIM CUSTOMER SERVICE DIRECTOR) Ms. Allison Haines, Interim Customer Service Director, briefed members on Removing Properties From the 10-Year Tax Abatement Program. Responding to Dr. Sudler, Ms. Haines explained that in certain areas of the city, they had offered the abatement program when individuals purchased lots, such as Habitat for Humanity and NCALL because they made improvements and received a reduction in their taxes for the 10 years that they had it. This was only for the improvements and once the property sold, according to Ordinance in Section 102-115, the tenure was supposed to be removed once it changed hands. Responding to Dr. Sudler, Ms. Haines stated that NCALL would have received it, but once it was sold, it was supposed to be removed but it was not. This was the reason they brought it to council last year. She noted that they want to bring it back to where it does not need to come to council, and they could have it removed administratively when the property sells, and then they can remove the 10-year abatement. Responding to Mr. Boggerty, Ms. Haines stated that the abatement amounts vary because it was only on the improvements. Ms. Haines stated that a letter that has been prepared will go out to them, on July 1, when the tax bills go out. Ms. Haines stated that they would extend the tax rate until August 31st, which would be the tax deadline and the issues that they are having in billing. She further stated that the appraisal is not due until next year and the city is cyclical every five (5) years and they would have to look at their assessment next year. Responding to Mr. Boggerty, Ms. Marney stated that before last year, the abatements were not removed, and they were doing an overall audit at the time to see what could or could not be put back on the tax rolls. They want to be constituent-friendly, and the Customer Service Department has payment arrangements that they could provide to tax customers if there is difficulty in paying. Ms. Marney explained that most of the individuals have mortgages, and it will go

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 16 through their escrow accounts and that would be handled through their mortgage company. Dr. Sudler suggested extending the timeframe to give the individuals 90 days instead of until the end of August. He believes that it would provide sufficient time for people to make necessary adjustments. Responding to Dr. Sudler, Ms. Haines stated that two (2) months ago, they did reach out to NCALL and Habitat for Humanity and informed them by email about the 10-year abatement that would be removed and provided with a copy of the ordinance. They did not hear anything back from NCALL and Habitat for Humanity. She noted that not many individuals responded because they have mortgages that are paying them, and they are being adjusted as far as the revenue. Ms. Haines stated that if this was to pass, the letters would be sent out the next day for when individuals received their bills next week, and they would notice that the abatement would not be on the bill. Dr. Sudler moved to accept the staff recommendation with a 90-day grace period. Responding to Mr. Neil, Ms. Marney explained that when it comes to Neighborgood Partner (NCALL) and Habitat for Humanity, they would go to the Board of Assessments to request abatements because they are a nonprofit organization. They would not receive a proportion of taxes during that period and would not receive them when the property is sold. The abatement is supposed to go away because they no longer own the property. She noted that the abatement was issued to the nonprofit agency, not the new homeowner, so the benefit to the new homeowner supposedly would be that the nonprofit agency would pass those cost savings along to them through the sale of the property. Responding to Mr. Neil, Ms. Marney stated that the list has the current property owner's name and the previous property owner's name along with the date of sale. These were the properties that had transferred ownership from the nonprofit agencies. She noted that they have to look into why some individuals were granted an abatement that was not nonprofit, but the majority of the list is from NCALL and Central Habitat for Humanity. The original owners that received the abatements were the nonprofit agencies and sold the properties to someone else who no longer qualified for the abatement because they were not nonprofit. Responding to Mr. Neil, Ms. Marney explained that they performed an audit, and they found that the abatements never got removed when the prior person handling the tax office was in place. They are finding that several properties still had abatements that were not owed the abatements and/or, there were items put in place by the Board of Assessments that extended or shortened the length of time for the abatement. Responding to Dr. Pillsbury, Ms. Haines stated that it would be done by tracking and they could go back to see if those are paid by mortgage companies. Responding to Dr. Pillsbury, Ms. Marney explained that there was a method in the accounting software where they could extend the due date for those particular properties so that the tracking portion of it would not be as cumbersome for the customer service staff.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 17 Responding to Dr. Pillsbury, Ms. Marney stated that would be at the discretion of council. The mortgage companies will more than likely pay it ahead of time. Responding to Mr. Rocha, Ms. Marney stated that this would be one of the reasons why they would like to make this an administrative process because when they do receive notice through the deed stamping process. It would be part of the normal flow of operations. Dr. Sudler moved for approval of the Removing Properties from the 10-Year Abatement Program with a 90-day grace period, seconded by Mr. Boggerty, and carried by a roll call vote, seven (7) yes (Boggerty, Neil, Arndt, Rocha, Sudler, Lewis, Anderson), one (1) no (Pillsbury), and one (1) absent (Hare). Mr. Rocha recommended that staff bring back an ordinance change proposing that staff be able to handle the tax abatement process administratively in the future. GENERAL PENSION CHECK DISBURSEMENT OPTIONS (PATRICIA MARNEY, INTERIM CONTROLLER/TREASURER) Ms. Patricia Marney, Interim Controller/Treasurer, briefed members on the General Pension Check Disbursement Options. Responding to Dr. Sudler, Ms. Marney stated that the funds that had been approved through the budgetary process were $1,140,000. She explained that the options discussed previously were not in the budget hearings where the recommendations were made in Bolton, so the budget committee had recommended using the one-time benefit of $380,000 for the budget. It would provide all pensioners with one check and through the budgetary process, the council approved to provide the pensioners with three (3) checks instead of one. Council had already chosen which option from the Bolton actuarial report, and the decision now is how the funds would be dispersed. Responding to Mr. Rocha, Ms. Marney stated that when evaluating how many years of retirement versus the poverty level the numbers became further complicated because some retirees have death benefits, and disability benefits, and some individuals have agreements through divorce proceedings. When those scenarios were presented to the actuary, they suggested not using that method. Mr. Neil moved for approval of option two (2) of the General Pension Check, seconded by Mr. Rocha, and carried by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare). FIRST READING PROPOSED ORDINANCE #2024-22 – AMENDING CHAPTER 26 – BUSINESSES, ARTICLE II – LICENSES, AND APPENDIX F – FEES AND FINES (DAVID S. HUGG, III, CITY MANAGER) Mr. David Hugg, III, City Manager reviewed Proposed Ordinance #2024-22 – Amending Chapter 26 – Businesses, Article II – Licenses, and Appendix F – Fees and Fines. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 18 ORDINANCE #2024-22 – AMENDING CHAPTER 26 – BUSINESSES, ARTICLE II – LICENSES, AND APPENDIX F – FEES AND FINES FIRST READING PROPOSED ORDINANCE #2024-23 – AMENDING CHAPTER 106 – TRAFFIC AND VEHICLES, ARTICLE I – IN GENERAL, SEC. 106-14. – OFF-ROAD MOTOR VEHICLE REGULATIONS (COUNCIL PRESIDENT ANDERSON) Mr. David Anderson, Council President, reviewed Proposed Ordinance #2024-23 – Amending Chapter 106 – Traffic and Vehicles, Article I – In General, Sec. 106-14. – Off-Road Motor Vehicle Regulations. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2024-23 – AMENDING CHAPTER 106 – TRAFFIC AND VEHICLES, ARTICLE I – IN GENERAL, SEC. 106-14. – OFF-ROAD MOTOR VEHICLE REGULATIONS FINAL READING PROPOSED ORDINANCE #2024-14 – AMENDING CHAPTER 1 – GENERAL PROVISIONS, SEC. 1-17. – GENERAL PENALTY; SEPARATE OFFENSES; UNPAID FINES (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-14 – Amending Chapter 1 – General Provisions, Sec. 1-17. – General Penalty; Separate Offenses; Unpaid Fines. By motion of Ms. Arndt, seconded by Mr. Boggerty, by a roll call vote, seven (7) yes (Boggerty, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and two (2) absent (Hare and Neil) adopted Ordinance #2024-14 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 1 – General Provisions, Section. 1-17. – General penalty; separate offenses; unpaid fines, as follows: Sec. 1-17. General penalty; separate offenses; unpaid fines. Whenever in this Code or in any ordinance of the city, any act or omission is prohibited, or is made, or declared to be unlawful or a violation, or whenever in said Code or ordinance the doing of any act is required, or the failure to do any act is declared to be unlawful or a violation, and no specific penalty is provided otherwise, or the context thereof so dictates, each day any violation of any provision of this Code or any ordinance

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 19 shall continue, shall constitute a separate offense. ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-15 – AMENDING CHAPTER 22 – BUILDINGS AND BUILDING REGULATIONS (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-15 – Amending Chapter 22 – Buildings and Building Regulations. By motion of Mr. Rocha, seconded by Ms. Arndt, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-15 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: ARTICLE I. IN GENERAL Sec. 22-1. Construction and property maintenance code board of appeals. (a) Established; composition; appointment. There shall be a committee to be referred to as the "construction and property maintenance code board of appeals," consisting of five members. The council president shall appoint three elected city officials and the mayor shall appoint one city resident generally selected as a representative of homeowners and one representative of the local real estate industry association. Members shall serve one- year terms unless sooner removed. All appointments are subject to confirmation by the city council at its second regular meeting in May. The construction and property maintenance code board of appeals shall elect one of its members as chairperson. (b) Appeals. Whenever any person is aggrieved by a decision of the building inspector with respect to the provision of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the building inspector. (c) Notice; hearing. Upon receipt of such an appeal, the construction and property maintenance code board of appeals shall set a time and place in not less than ten, nor more than 30 days for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 20 Sec. 22-2. Housing authority created; purpose. Created; purpose. There shall be a housing authority as provided in 31 Del. C. Secs. 22-3—22-30. Reserved. ARTICLE II. BUILDING INSPECTOR Sec. 22-31. Office created; appointment. There is hereby created the office of building inspector. The building inspector shall be selected by the city council during its annual meeting. Sec. 22-32. Additional powers and authority. Along with other powers and authority granted to the building inspector in this chapter, including the codes adopted herein, the building inspector shall have the following powers and authority: (1) Temporary certificates of occupancy. The building inspector shall have authority to issue temporary certificates of occupancy for buildings and structures which do not comply with the codes, upon the terms and conditions as set forth in this section. (2) Affidavit to complete work. In the event that the owner and builder of a structure are in agreement that certain items, such as grading, seeding, soil stabilization, and other similar work, cannot be completed because of the weather or the season, but that these items can be completed by the builder after a temporary certificate of occupancy is granted, and the owner takes possession of the property, then the building inspector may grant a temporary certificate of occupancy, conditioned upon the builder executing an affidavit agreeing to complete the necessary items specified therein, within a time period specified therein, with sanctions to be imposed by the building inspector for noncompliance by the builder, to include, but not to be limited to, revocation of the temporary certificate of occupancy, refusal to issue to the builder further building permits on other parcels, and such other administrative action as the building inspector may deem appropriate. (3) Hardship. Upon adequate hardship being shown to the building inspector and upon agreement of all parties, including the owner or equitable owner and the builder, the building inspector may issue temporary certificates of occupancy for buildings and structures where any work of a minor nature is required in the future to comply with the codes, provided that all parties sign an agreement to this effect and the builder executes an affidavit, with the conditions and stipulations provided in subsection (2) of this section, agreeing to the imposition of sanctions for noncompliance to be imposed by the building inspector. (4) Agreements and affidavits for granting certificates. The building inspector shall prepare uniform agreements and affidavits to be used in granting temporary certificates of occupancy as stated herein.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 21 (5) The building inspector or his duly authorized assistant(s) shall have the right to enter any building or enter upon any land at any reasonable hour, as necessary, in the execution of their duties. a. The building inspector shall notify the owner and tenant before conducting any inspection. b. The building inspector or his duly authorized assistants shall display identification signed by the city manager upon commencing an inspection. c. Inspections shall be commenced in the presence of the owner, or his representative or tenant. Secs. 22-33—22-60. Reserved. ARTICLE III. BUILDING CODE Sec. 22-61. Adopted. (a) International Building Code adopted. Certain documents, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as "The International Building Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, and similar uses, provided that the floor area does not exceed 120 square feet. 2. Oil derricks. 3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 4. Painting, papering, tiling, carpeting, cabinets, countertops, and similar finish work.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 22 5. Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a dept of 24” (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. 6. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 7. Swings and other playground equipment accessory to a one or two-family dwelling. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U Occupancies. 8. Non-fixed and movable fixtures, cases, racks, counters, and partitions not over 5 feet 9 inches (1753 mm) in height. Section 105.5. Expiration. Insert the following text following the word "demonstrated" at the end of the section: "and does not exceed the 3-year time limit as stated in 105.5.2."; and insert the following subsections: 105.5.1. Time limitation of permit. A permit for any activity for which a permit is required shall be valid for 180 days from the date of issuance. One 180-day extension may be granted without additional charge to the permit holder. Additional 180-day extensions may be granted with payment of a renewal fee as specified in Appendix F: Fees and Fines. 105.5.2. Completion of construction. All construction for which a building permit is required must be completed and pass final inspection within three (3) years after issuance of the building permit. If not completed within three (3) years, a new building permit must be obtained and any associated fees paid incurred by the previous submission. SECTION 107 SUBMITTAL DOCUMENTS 107.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed."

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 23 Section 108.3. 109.3 Insert: "see Section 22-65 Fees for permits" in place of "in accordance with the schedule as established by the applicable governing authority". New construction valuation will be confirmed using the most current ICC valuation chart information unless otherwise approved by the authority having jurisdiction. SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations, Article I—In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as provided for in Appendix F—Fees and Fines, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined as provided for in Appendix F—Fees and Fines. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines as provided for in Appendix F—Fees and Fines. Each day that a violation continues shall be deemed a separate offense." in place of: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." Section 1612.3. Flood Insurance Study for the City of Dover, dated July 7, 2014, or as subsequently amended or revised. Section 1612.4.1 Elevation requirements. The minimum elevation requirements shall be as specified in ASCE 24 or the base flood elevation plus 18 inches, whichever is higher. Section 3410.2 Applicability. Insert "April 4, 1984" in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain document, three copies of which are on file in the Licensing and Permitting Office in the city, being marked and designated as the International Residential Code 2009 edition, as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the city and providing for the issuance of permits and collection of fees therefor; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the building code adopted in subsection (a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 24 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" Section R105.2. Work exempt from permit, Building - 1. Insert "120" in place of "200". Delete numbers 2 through 5 in their entirety. Replace number 7 with the following: "Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24" (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2 sets and as defined by the professional registration laws of the State of Delaware and be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed". Where special conditions exist, the building official is authorized to require additional construction documents as described here. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. SECTION R108 FEES R108.2 Schedule of permit fees. Insert "see Section 22-65 Fees for permits " in place of "in accordance with the schedule as established by the applicable governing authority". SECTION R112 BOARD OF APPEALS See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. SECTION R113 VIOLATIONS Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation Penalties" in place of "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law." SECTION R114 STOP WORK ORDER Section R114.2 Unlawful continuance. Insert: "See Section 22-61 (a) International Building Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any work after having been served with a stop work order, except such work as that person is

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 25 directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Ground Wind Design Seismic Subject to Damage From Winter Ice Flood Air Mean Snow d Speed Topo- Design Weatheringa Frost Termitec Design Barrier Hazardsg Free Annual Load (mph) graphic Categoryf line Tempe Under- zing Tempera effectsk Depthb layment Inde Requiredh xi 25 95 NO A Severe 24" Moderate 14° NO Adopted 450 55° gust To in 77 Heavy Chapter fastest 50 of the Code of the City of Dover Table R301.2(1), footnote (g): September 16, 1982, Flood Insurance Study for Kent County and Incorporated Areas, dated July 7, 2014, or as subsequently amended or revised. Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following at the end of footnote "c": Calculations demonstrating compliance with the minimum live load shall be provided by a registered design professional for stairs and fire escapes that do not have additional "stringer" or "carriage" support located and equally distributed in the middle section of the stair width. SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS—Delete this section in its entirety. R322.2.1 Elevation requirements. 1. Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher. 2. Buildings and structures in flood hazard areas designated as Coastal A Zones shall have the lowest floors elevated to or above the base flood elevation plus 1 foot (305 mm), or to the design flood elevation, whichever is higher. 3. In areas of shallow flooding (AO Zones), buildings and structures shall have the lowest floor (including basement) elevated at least as high above the highest adjacent grade as the depth number specified in feet on the FIRM plus 18 inches or at least 3.5 feet if a depth number is not specified. 4. Basement floors that are below grade on all sides shall be elevated to or above the base flood elevation plus 18 inches or the design flood elevation, whichever is higher. Exception: Enclosed areas below the design flood elevation, including basements whose floors are not below grade on all sides, shall meet the requirements of Section R322.2.2.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 26 CHAPTER 4 FOUNDATIONS SECTION R403 FOOTINGS R403.1.1 Minimum size. Insert "The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches." in place of " Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing." Insert ", but in all cases shall be a minimum of 24 inches × 24 inches × 12 inches deep." at the end of the following sentence: "The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table 401.4.1." R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15" overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety. R403.1.4 Minimum Depth. Insert "24" in place of "12". Amend R403.1.4.1 Frost protection—Exceptions to read: 1. Frost Protection of freestanding residential accessory/utility structures with an area of 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be frost protected. Freestanding accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie- downs or equivalent manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors attached in the center of each side unless frost protection applies as stated herein. All accessory/utility structures greater than 240 square feet, all pole buildings and all garages shall have frost protection (footings). 2. Decks not supported by a dwelling shall also be provided with footings that extend below the frost line. Single story supported in part by a dwelling and with 4" × 4" posts shall have footings that are a minimum of 8 inches in diameter; with 6" × 6" posts a minimum of 12" diameter is required; the bottom of all such footings shall be a minimum of 24" below finished grade and be at least 6" deep. Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. (c) The ICC Performance Code for Buildings and Facilities. That certain documents, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as "The ICC Performance Code for Buildings and Facilities 2009 Edition" as published by the International Code Council be and is hereby adopted as the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 27 Performance Code of the City of Dover in the State of Delaware for regulating and governing the performance-based design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building and/or fire protection systems in the city. (d) The International Existing Building Code. That certain documents, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as "The International Existing Building Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Existing Building Code of the City of Dover in the State of Delaware for regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided. (e) The International Energy Conservation Code. That certain documents, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as "The International Energy Conservation Code 2009 Edition" as published by the International Code Council be and is hereby adopted as the Energy Conservation Code of the City of Dover in the State of Delaware for regulating and governing energy efficient building envelopes and installation of energy-efficient mechanical, lighting and power systems as herein provided. Sec. 22-62. Definitions. (a) Whenever the term "municipality" or "city" is used in the publications adopted by reference in this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation council" or "city attorney" is used in the publications adopted by reference in this article, it shall be construed to mean the city solicitor. (c) Whenever in the publications adopted by reference in this article a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. Sec. 22-63. Conflicting provisions. In the event of any conflict between the provisions of the publications adopted by reference in this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. Sec. 22-64. Enforcement. The building inspector shall enforce the provisions of this article. Sec. 22-65. Permit fees. (a) [Fees.] Before any permit shall be issued for buildings, fences, signs, swimming pools, demolitions, moving, or construction plan reviews, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Reinspection’s. There will be no charge for the first reinspection of a permit. For subsequent reinspection’s, the applicant shall pay a fee as provided for in Appendix F.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 28 (c) Doubling fees. Fees for building, fence, sign, swimming pool, demolition, or moving permits shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (d) Fines. A fine shall be issued when any code official discovers any project has started or has been completed without an approved permit. Secs. 22-66—22-100. Reserved. ARTICLE IV. ELECTRICAL INSTALLATIONS Sec. 22-101. Electrical code adopted. (a) Copies filed; effect. There is hereby adopted by reference, for the purpose of establishing rules and regulations for the installation, renewal, extension, and reception of electric wiring and electric apparatus in existing buildings, structures, or outdoor electrical displays or signs, that certain code known as the "National Electrical Code," as recommended by the National Fire Protection Association, and the same is hereby adopted and incorporated as fully as if set out at length herein, and shall be controlling for all electrical wiring and apparatus in buildings, structures, or outdoor electrical displays, or signs within the city. (b) Violations. It shall be unlawful for any person to violate any of the provisions of the code adopted in subsection (a) of this section. Sec. 22-102. Enforcement and inspections generally. The publication adopted by reference in this article shall be enforced by the office of the building inspector. The building inspector shall, upon the installation, renewal, extension, and reception of any electric wiring and electric apparatus pursuant to this article, cause an inspection or inspections to be made by himself or his duly authorized agents, to determine that the electrical work conforms with the provisions of this article of the city and the statutes of the state. Sec. 22-103. Approved materials, fittings, and devices. Only the materials, fittings, and devices enumerated in the listings of Underwriters' Laboratories, Inc., or approved by the inspection authority, as revised from time to time, shall be used in the electrical work regulated by this article. Sec. 22-104. Emergency shutoff switch required for certain appliances. Whenever an application for inspection is required under the terms of this article for electrical wiring and apparatus to be done in connection with a gas or oil burner installation in any existing building or structure or in the construction, reconstruction, alteration, or repair of buildings or structures, there shall be installed an emergency shutoff switch, with a red plate thereon marked "oil burner" or "gas burner," as the case may be, at the entrance to the basement or heating room.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 29 Sec. 22-105. Application for inspection. (a) Required. No person shall install, receive, renew, or extend electrical wires or conductors to be used for the transmission of electric current for electric light, heat, or power purposes in existing buildings, structures, or outdoor electrical displays or signs, or in the construction, reconstruction, alteration or repair of buildings, structures or outdoor electrical displays or signs, without first applying for an application for inspection to do so pursuant to the provisions of this article. (b) Addressee. All such applications for inspection shall be made to the building inspector or, in lieu thereof, to the city's authorized inspection agency, hereinafter referred to as that agency specializing in such inspections, as determined, and approved by the building inspector. (c) Form; contents. Such application form shall contain questions designed to elicit information to determine whether or not said proposed electrical wiring and electrical apparatus complies with all ordinances of the city or laws of the state. (d) Fee. Each such application form shall be accompanied by a fee as prescribed by this article. (e) Proof to building inspector. The city's authorized inspection agency shall furnish to such building inspector proof, in writing, that an application for inspection of the proposed electrical wiring and electrical apparatus has been made to such agency to determine that the electrical work conforms with the provisions of this article. The payment of all inspection fees and charges of such agency shall be borne by the applicant. (f) Inspection of premises. Each applicant for inspection shall cause the premises covered by the application to be open for inspection to the building inspector and his agents and the representative or representatives of the city's authorized inspection agency at all reasonable times. (g) Certificate of approval. Upon determination by the building inspector or any authorized inspection organization that the proposed electrical wiring and electrical apparatus comply with the National Electrical Code adopted in this article and the provisions of this article and the provisions of the city ordinances and the laws of the state, a certificate of approval shall be issued forthwith. (h) Expiration. All applications for inspections shall expire at the expiration of one year from the date of issuance by the building inspector or the city's authorized inspection agency. (i) False information. Any person making any false answer to any of the questions or items set forth in such application form shall forthwith forfeit and surrender any application issued pursuant thereto. Sec. 22-106. Inspection of work under application. (a) Purpose; concealed wiring. All inspections shall be made to ensure that the proposed electrical work complies with the provisions of this article. No electric wiring shall be concealed unless inspected and approved by the building inspector or his agents and the representative of the city's authorized inspection agency, but such inspection or

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 30 reinspection shall be made within a reasonable time after notice of the completion of the electrical work sought to be inspected for approval. A duplicate record of each written approval made by the city's authorized inspection agency shall be filed with the building inspector. (b) Decisions by building inspector. All decisions made to determine whether or not the proposed electrical work complies with the provisions of the National Electrical Code shall be made by the building inspector. (c) Stop work orders. The building inspector shall have the power to stop electrical work and order the removal thereof when he determines that such work is being installed not in conformity with all ordinances and the laws of the state. (d) Waiver of inspection. The building inspector may waive his inspection of all or that portion of the proposed electrical work for which he shall have received a duplicate record of approval by the city's authorized inspection agency that it complies with the provisions of this article. The building inspector shall be informed of all violations not corrected within 15 days of notification to the contractor by the city's authorized inspection agency. Sec. 22-107. Inspection of existing wiring and apparatus. (a) Required. In order to safeguard persons and property against the hazards and perils incident to defective electric wiring and apparatus that are or may now be in existence within the city, the building inspector is hereby given the duty to inspect with his agents and the representative of the city's authorized inspection agency, when requested by proper authority, or when public interest so requires, any premises within the city at reasonable times to ensure that the existing electric wiring system and apparatus is are not defective and unsafe. (b) Decisions by building inspector. All decisions that the existing electric wiring system and apparatus is defective shall be made by the building inspector, in writing, on notice to the owner of the premises served forthwith personally or by regular mail addressed to the address as shown on the latest tax records, with reasons for his decision. (c) Corrections. Upon the building inspector's decision that the existing electric wiring system is defective and unsafe as aforesaid, the system or portions of the system which are defective and unsafe shall be discontinued until it is corrected and made to comply with the provisions of this article. Sec. 22-108. Permit exemptions. (a) Enumerated. No permit shall be required under this article for the following electrical work: (1) Minor repairs. Any minor repair work, such as the replacement of lamps and fuses; (2) Utility companies. Any electric light or power company, electric railway company, steam railway company, diesel railway company, or telegraph or telephone company, and any person performing the electrical work of any such company, when

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 31 such work is a part of the plant, or services used by the company in rendering its authorized service to the public; (3) Employees on the premises. Any person employed by any other person to repair and maintain or to supervise the repair and maintenance of any electrical equipment on the premises and buildings of the employer; (4) Home installations. Any person who installs his own electrical work, service, or equipment in or about his own home and not for sale, except that such person shall be required to file an application for inspection with the proper electrical inspection authority; (5) Supervised employees. Any employee of any person engaged in the performance of electrical work while under the supervision of any master electrician, or general master electrician limited; (6) Agricultural property. Property used exclusively for agricultural purposes, except for the necessity to file for an application for an inspection certificate with the authorized inspection authority where new installations are involved; (7) Electrical engineers. Any manufacturing or industrial establishment retaining in its own employment a professional electrical engineer with at least ten years experience in planning and design. Such engineer may inspect the plant's additional electrical installations if the said industrial plant files with the state board of electrical examiners and the building inspector the name of the electrical engineer that would be responsible for such electrical inspection and files with the board of electrical examiners and the building inspector a letter stating that all additional electrical installations meet the minimum standards of the National Electrical Code once a year. (b) Insertion of devices, appliances. Nothing in this article shall be construed so as to forbid the insertion in electrical circuits by unlicensed persons of devices or appliances which are properly designed for such insertion and for which proper wiring and insertion devices are installed. (c) Heating, etc. Nothing in this article shall be so construed as to restrict anyone from servicing equipment in the fields of heating, air conditioning, refrigeration, or appliances. Sec. 22-109. Permit fees. (a) No fee. There shall be no fee for permits or renewals thereof by the building inspector as may be required by this article. (b) Applications for inspections. Fees for applications for inspections issued by the city's authorized inspection agency, as may be required of this article, shall be as determined by said agency and approved by the building inspector. Sec. 22-110. Violations. Any person who shall violate any of the provisions of this article or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall do or cause to be done electrical work in violation of any detailed statement, or specifications or plans submitted and approved hereunder, or any certificate or permit issued hereunder, and from

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 32 which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the building inspector within the time fixed therein, shall, severally for each and every such violation and noncompliance respectively, be punished as provided for in Appendix F—Fees and Fines. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time. Sec. 22-111. Modifications. The building inspector shall have the power to modify any of the provisions of this article, upon application, in writing, by the owner of a premises or his agent, when there are practical difficulties in the way of carrying out the strict letter of this article, provided that the spirit of this article shall be observed, public safety secured, and substantial justice done. Sec. 22-112. Appeals. (a) Demand for hearing. Every applicant and owner of a premises and other parties in interest shall have the right to demand, in writing, a hearing before the board of adjustment to contest any decision or order made by the building inspector pursuant to this article. Such demand for a hearing shall be signed by the contesting party, stating what portions of the building inspector's decision or orders are contested and his interest in the premises. (b) Time and place for hearing; notice. The board of adjustment shall fix a time and place for the hearing, not less than ten days, nor more than 30 days after receiving such demand for a hearing and cause a notice of the hearing to be served personally or by regular mail on the contestant, owner of the premises and other parties in interest. (c) Appearances; evidence. The contestant, owner of the premises, and other parties in interest shall have the right to appear in person, or otherwise, and give testimony at the hearing, and the rules of evidence prevailing in the courts shall not be controlling. (d) Decision; service on parties in interest. The board of adjustment, within a reasonable time after such a hearing, shall make its decision, and the city clerk shall serve a copy of the decision personally or by regular mail on the contestant, owner of the premises, and other parties in interest. Sec. 22-113. Restriction on city's liability and inspections. The city shall not incur liability, with regard to the installation, wiring, or appliances used, from any violation of this article or from any accident resulting from the installation, and shall not be obliged to inspect any installation before or after electricity is introduced. Secs. 22-114—22-140. Reserved. ARTICLE V. MECHANICAL CODE Sec. 22-141. Adopted. (a) Certain documents, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as the International Mechanical Code 2009 Edition, including appendix chapter "A", as referenced in the building code adopted

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 33 in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions, and terms of such International Mechanical Code, as referenced in the building code adopted in section 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump permit fees" in place of "The fees for all mechanical work shall be as indicated in the following schedule:" In place of: Section 106.5.3 Fee refunds. Delete in its entirety. SECTION 108 VIOLATIONS Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See 22-61(a)International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" SECTION 109 MEANS OF APPEAL. Delete section in its entirety. (b) If any section, subsection, sentence, clause, or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 34 ordinance from which this section derives, and each section, subsection, clause, or phrase thereof, irrespective of the fact that anyone (1) or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Sec. 22-142. Definitions. (a) Whenever the word "municipality" or the word "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall be construed to mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. Sec. 22-143. Conflicting provisions. In the event of any conflict between the provisions of the publication adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling Sec. 22-144. Enforcement. The building inspector shall enforce the provisions of the publication adopted by reference in this article. Sec. 22-145. Heating, air conditioning, and heat pump permit fees. (a) Enumerated. Before any heating, air conditioning, or heat pump permit shall be issued, a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (c) Fines. A fine shall be issued when any code official finds any project has started or has been completed without an approved permit. Secs. 22-146—22-180. Reserved. ARTICLE VI. PLUMBING CODE Sec. 22-181. Adopted. (a) [International Plumbing Code.] Certain documents, three copies of which are on file in the Licensing and Permitting Office in the city, being marked and designated as International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as referenced in the building code adopted in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design,

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 35 construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced in the building code adopted in 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised: Exception: The 2009 International Private Sewage Disposal portion of this code is not adopted, as enforced by other authorities having jurisdiction. Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" Section 106.6.2 Fee Schedule. Insert "See Section 5.75 22-65 Permit Fees" in place of "The fees for all plumbing work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]". Section 106.6.3 Fee refunds. Delete in its entirety. Section 108.4 Violation Penalties. Insert: "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See Section 22-61(a) International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars." (b) International Fuel and Gas Code. That certain documents, three copies of which are on file in the Licensing and Permitting Office of the city being marked and designated as "The International Fuel and Gas Code, 2009 Edition" as published by the International Code Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in the State of Delaware; for regulating and governing fuel gas systems and gas fired appliances as herein provided.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 36 (c) [Severability.] That if any section, subsection, sentences, clause, or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause, and phrase therefore, irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional. Sec. 22-182. Definitions. (a) Whenever the word "municipality" or the word "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation council" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. Sec. 22-183. Conflicting provisions. In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule, or regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. Sec. 22-184. Enforcement. The building inspector shall enforce the provisions of the publication adopted by reference in this article. Sec. 22-185. Permit fees. (a) Enumerated. Before any permit shall be issued for a plumbing permit a fee shall be paid unto the city as provided for in Appendix F—Fees and Fines. (b) Doubling of fees. Fees established in this section shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. (c) Fines. A fine shall be issued when any code official finds a project has started or has been completed without an approved permit. Sec. 22-186. Water conservation performance standards. (a) General policy. No water shall be provided for internal or external use to any residential, commercial, industrial, agricultural, recreational, governmental, or public building or structure of any kind which is constructed or remodeled and in which plumbing, water piping, or water fixtures are to be installed, extended or altered in any way and for which construction a permit is required to be obtained (or would be required but for an exemption from a permit requirement for public or governmental agencies) unless the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 37 new, extended or altered plumbing, water piping and other water fixtures therein conform to the requirements and standards of subsection (b) of this section. The provisions of this section apply to any such building or structure for which such a building permit is issued or would otherwise be required to be issued but for such an exemption on or after December 10, 1990. (b) Plumbing fixtures and fittings. (1) Water closets and associated flushing mechanisms. The water consumption of water closets shall not exceed an average of 1.6 gallons per flush cycle. The fixture shall perform in accordance with the test requirements of the ANSI A122.19.2M and ANSI A112.19.6M. (2) Urinals and associated flushing mechanisms. Urinal water consumption shall not exceed an average of 1.5 gallons per flush cycle. The fixtures shall perform in accordance with the test requirements of ANSI 122.19.2M and ANSI A112.19.6M. (3) Showerheads. Showerhead discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in accordance with the test requirements of ANSI A122.18.1M. (4) Faucets. Sink and lavatory faucet discharge rates shall not exceed three gallons of water per minute. The fixture shall perform in accordance with the test requirements of ANSI A112.18.1M. (c) Special provisions. (1) Special purpose equipment. The performance standards of subsection (b) of this section shall not apply to fixtures and fittings, such as emergency showers, aspirator faucets, and blowout fixtures, that, in order to perform a specialized function, cannot meet the specified standards. (2) Exemptions. Any person may apply to the city for an exemption to the terms of this section, which may be granted by the city manager upon proof that some other device, system, or procedure will save as much or more water as those set forth herein or that those set forth herein cannot be complied with without undue hardship. (d) Modification and removal. The city may from time to time modify, add to, or remove the standards and restrictions herein. Secs. 22-187—22-220. Reserved. ARTICLE VII. PROPERTY MAINTENANCE CODE Sec. 22-221. Adopted. (a) A certain document, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 38 maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations, Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals. Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable workspaces. Insert "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). Sec. 22-222. Definitions. (a) Whenever the word "municipality" or "city" is used in the publication adopted by this article, it shall be construed to mean the City of Dover, Delaware. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publication adopted by this article, it shall mean the city solicitor. (c) Whenever, in the publication adopted by reference in this article, a term is used which is also defined in the city's zoning ordinance as set forth in appendix B to this Code, such term shall have the meaning provided in such appendix B. Sec. 22-223. Conflicting provisions. In the event of any conflict between the provisions of the code adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule, or regulation, the provisions of state law, this Code or such other ordinance, rule or regulation shall prevail and be controlling. Sec. 22-224. Enforcement. The code official shall enforce the provisions of the publication adopted by reference in this article. Sec. 22-225. Violations. (a) The Division of Code Enforcement, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect all properties for compliance with the International Property Maintenance Code and all applicable codes to ensure compliance.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 39 (b) Notification. Following an inspection, the code official shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first inspection. (c) Notices. All notices of a code violation will be in writing and sent via first-class mail, certified mail, electronic mail, or hand-delivered. A valid consent form must be on file to receive electronic mail. (d) Owner’s address. The owner of the property shall be responsible for maintaining an accurate mailing address with the City of Dover tax office at all times. (e) Compliance Date. Unless otherwise specified, all code violations must be corrected within 30 days from the notice of violation. All code violations must be reinspected by the code official to confirm compliance with the code. (f) Life Safety Violations. Code violations with an immediate threat to general welfare or life safety must be corrected within 48 hours from the issuance of the violation notice. These code violations are subject to an immediate penalty and shall be fined as provided in Appendix F-Fees and Fines. Every life safety violation shall be treated as an individual and separate offense. (g) Failure to schedule. Failure to schedule a reinspection by the date provided by the code official shall be fined as provided in Appendix F-Fees and Fines. (h) Non-compliance. Failure to correct all code violation(s) by the date provided by the code official shall be fined as provided in Appendix F--Fees and Fines. Secs. 22-226—22-250. Reserved. ARTICLE VIII. LEASES Sec. 22-251. Unlawful leases. (a) Compliance with zoning. No owner or landlord shall enter into any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates occupancy of any structure contrary to the use requirements of the city zoning ordinance as set forth in Appendix B. Any agreement, contract, lease, or sublease which provides for, permits, allows, contemplates, or facilitates such occupancy by more persons than permitted in Appendix B to this Code is unlawful and hereby declared to be contrary to public policy. (b) Noise; disorderly conduct; drugs. All agreements, contracts, leases, or subleases for the occupancy of dwelling units shall prominently stipulate that any renter or occupier of the rental unit shall not violate section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct in connection with the use of the premises and shall also prominently stipulate that any renter or occupant of the rental unit shall not commit any drug offense on the premises. The agreement, contract, lease, or sublease shall also prominently stipulate that if any renter or occupant shall be convicted more than one time in any one- year period of violating section 42-2 pertaining to noise or section 70-3 pertaining to

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 40 disorderly conduct in connection with the use of the premises or is convicted of any drug offense which occurred on the premises, the renter or occupier shall be considered to have breached a lawful obligation relating to his use of the premises and shall be grounds for termination of the agreement, contract, lease, or sublease as it applies to that renter or occupant. (c) Notice of conviction to landlord. The city shall notify the landlord, owner, or owner's agent if a renter or occupant of the rental unit is convicted of violating section 42-2 pertaining to noise, section 70-3 pertaining to disorderly conduct, or any drug law. Notice shall be deemed to be properly served upon the owner or the owner's agent if a copy thereof is delivered to the owner, or the owner's agent; or by leaving a notice at the usual place of abode, in the presence of someone in the family of suitable age and discretion, who shall be informed of the contents thereof, or by certified mail addressed to the owner or the owner's agent at the last known address, with return receipt requested; or lastly by posting a copy thereof in a conspicuous place in or about the structure affected by the notice. (d) Notice to renter. Within seven days of the receipt of notice that a renter or occupier has been convicted of violating section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, the landlord, owner, or owner's agent shall cause notice to be served upon the affected renter or occupier that if a second such violation occurs within one year, the rental agreement will be terminated. (e) Second violation; termination of lease. Within seven days of the receipt of the notice that a renter or occupier has been convicted of a second violation of section 42-2 pertaining to noise or section 70-3 pertaining to disorderly conduct, or has been convicted of a drug offense, the landlord, owner, or owner's agent shall cause to be served upon the affected renter or occupier, notice that the rental agreement is terminated and that the renter or occupier has not more than seven days to vacate the unit. (f) Failure of renter or landlord to comply. If the renter or occupier fails to vacate the unit within the time specified in the notice, the landlord, owner, or owner's agent shall immediately initiate and diligently pursue, in good faith, summary proceedings for possession as specified in the Residential Landlord-Tenant Code (25 Del. C. § 5101 et seq.). The failure of the landlord, owner, or owner's agent to initiate or diligently pursue, in good faith, summary proceedings for possession shall constitute a violation of this section and shall subject the landlord, owner, or owner's agent to the penalties provided herein. (g) Violations; penalties. Any person, firm, or corporation who violates any provision of this section shall have his rental license for the premises revoked and shall be punished by a fine as provided for in Appendix F—Fees and Fines. Secs. 22-252—22-280. Reserved. ARTICLE IX. LODGING HOUSES DIVISION 1. GENERALLY

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 41 Sec. 22-281. Purpose; applicability; definitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare insofar as the continued occupancy and maintenance of lodging houses operated for public use affect them. The health, safety, and welfare of the occupants of the lodging houses are of the utmost importance to the city. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to lodging houses. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Lodging house means a building operated principally for the temporary residence of the transient public, including, but not limited to, hotels, motels, inns, boardinghouses, rooming houses, tourist homes, and dormitories. (d) Compliance. No person shall operate, occupy, or let to another for occupancy any lodging house which is not in compliance with this chapter. No person shall operate, occupy, or let another occupancy any lodging house unless it is clean and sanitary, and complies with the requirements of this article. Sec. 22-282. Responsibilities of operator. The operator of every lodging house shall be responsible for: (1) Maintaining all supplied bedding in a clean and sanitary condition; (2) Changing all supplied bed linens and towels at least once each week and upon the renting of any room; (3) Supplying clean towels daily; (4) Maintaining the property in accordance with the International Property Maintenance Code adopted in section 22-221 and the International Fire Code adopted in section 46-121(a). Secs. 22-284—22-300. Reserved. DIVISION 2. PERMIT Sec. 22-301. Generally. (a) Required. It shall be unlawful for any person to let, or offer to let, space in any lodging house by advertisement, without first obtaining a permit from the licensing division of the Department of Planning and Inspections in order to determine compliance with the provisions of this chapter. (b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 42 (c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F— Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-303 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then such fees may be entered into the municipal lien docket as a lien owing the city, and the same may be turned over to the city solicitor for collection. (f) Utilities. The owner or occupant of any lodging house shall not be entitled to receive city utilities until the permit fee required in this section is paid in full and city personnel shall refuse to provide sewage, water, and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. Sec. 22-302. Application and issuance. No permit shall be issued until the applicant has complied with the provisions of this chapter applicable to lodging house and until the applicant has furnished the licensing division of the Department of Planning and Inspections with any other information that may be required. Sec. 22-303. Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when he determines that the lodging house or the premises surrounding the lodging house fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed on appeal. (b) Notice to owner. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (c) Appeal. Any owner or operator of any lodging house, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit shall remain in force until the appeal is decided. Secs. 22-304—22-330. Reserved. ARTICLE X. RENTAL DWELLINGS DIVISION 1. GENERALLY

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 43 Sec. 22-331. Purpose; applicability; definitions; compliance. (a) Purpose. The purpose and intent of this article is to ensure public health, safety, and welfare insofar as they are affected by the continued occupancy and maintenance of dwellings operated for lease to the public. The health, safety, and welfare of the occupants of the dwellings are of the utmost importance to the city, as is the general community character in which these dwelling units are located. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to rental dwellings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1) Criminal activity is defined as any crime classified by applicable law as a (a) felony, (b) Class A misdemeanor, or (c) any of the following offenses: any drug offense defined by Title 16 of the Delaware Code, and the following misdemeanors in addition to any Class A misdemeanor, as defined by Title 11 of the Delaware Code: § 601—Offensive touching, § 602—Menacing, § 628—Vehicular assault 3, § 763— Sexual harassment, § 764—Indecent exposure, § 811—Criminal mischief, § 812— Graffiti, § 820—Trespassing, § 821/2/3—Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106—Unlawfully dealing with a child, § 1301— Disorderly conduct, § 1313—Malicious interference with emergency communications, § 1315—Public intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323—Obstructing of public passage, § 1341—Lewdness, § 1342— Prostitution, § 1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous weapon, § 1446—Unlawfully dealing with a switchblade knife. (2) Dwelling unit means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. (3) Multiple-family dwellings means dwelling units operated as a group and located in the same building. This shall include apartments, lodging house, condominium dwelling units, and accessory apartments located within structures principally used for owner occupancy. (4) Rental dwelling means a dwelling unit that is leased for occupancy to a person or persons in exchange for monetary payment or provision of goods or services to the owner of the dwelling unit. (5) Single-family dwellings means dwelling units operated singly, and separated from other units. In general, this definition shall apply to single-family detached dwellings; mobile homes and manufactured homes; and attached units, including duplexes and townhouses.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 44 (d) Compliance required. No person shall operate, occupy, or to let to another for occupancy any dwelling which is not in compliance with the International Property Maintenance Code adopted in section 22-221 and all other applicable codes. Sec. 22-332. Inspection required. (a) The Code Enforcement Office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to ensure compliance. (b) An inspection is required prior to the issuance of any new rental dwelling permit. No new permit shall be issued until all outstanding code violation(s) comply with the code and are verified for compliance by the code official. The owner of the rental dwelling or a property manager must be present for all scheduled inspections. Failure to meet this requirement will result in the scheduled inspection to be terminated and shall be fined as provided in Appendix F-Fees and Fines. Property manager is defined in Sec. 22-333(a). (c) It shall be the responsibility of the owner or property manager to schedule all required inspections. (e) Following an inspection, the code official shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first follow-up inspection when all violations comply with the code. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F—Fees and Fines. Sec. 22-333. Agent required. (a) Property manager. Any owner of a rental dwelling, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other rental real estate for a fee and who resides in the county acting as a property manager. The property manager, including family members and designated individuals, shall have charge, care, and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the code official, within a reasonable time. (b) Corporate or partnership owners. Any corporation or partnership owning a rental dwelling shall have a designated member, partner, or employee having charge, care, and control of the rental dwelling. The designated member, partner, or employee shall reside in or have an office located in the county, or shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other rental real estate for a fee, and who resides in the county, acting as a property manager. The property manager, family members, or other designated individuals shall have charge, care, and control of the rental dwelling, and shall provide access to the rental dwelling for inspection, upon request by the code official, within a reasonable time.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 45 (c) The lessee of the dwelling cannot be the agent for the dwelling they lease. (d) The property owner is required to provide agent updates by submitting a new Rental Dwelling Permit application. Sec. 22-334. Insurance required. (a) Any owner of a rental property shall have sufficient property insurance that covers the amount to replace the estimated value of the improvements on the property and provide protection for claims resulting from fire or other damages. (b) Proof of insurance coverage shall be provided upon application for a new rental permit and upon each annual renewal thereafter. Secs. 22-335—22-350. Reserved. DIVISION 2. PERMIT Sec. 22-351. Generally. (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family rental dwelling without obtaining a permit from the licensing division of the Department of Planning and Inspections to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31. The fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31 will be prorated from the date the permit is issued until the next January 31. (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple dwelling without first obtaining an annual permit therefore from the licensing division of the Department of Planning and Inspections to determine compliance with the appropriate provisions of this article. The permit shall expire annually on January 31, and the fee for the annual permit shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental dwelling permits issued after January 31 will be prorated from the date the permit is issued until the next January 31. (c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the date due, then the permittee shall incur a penalty fee as provided for in Appendix F— Fees and Fines until the same is paid. (d) Reinstatement fee. An owner whose permit has been suspended in accordance with section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees and Fines. (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the date a notice thereof is mailed to the owner, then such fees shall be entered in the municipal lien docket as a lien owing the city; and the same may be turned over to the city solicitor for collection. (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any new city utilities until the permit fee required in this section is paid in full and city personnel

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 46 shall refuse to provide sewage, water, and electricity to the property until satisfactory proof is furnished that such permit fee has been paid. (g) Failure to obtain a Rental Dwelling Permit. Any owner of a rental property that fails to obtain or renew a Rental Dwelling Permit shall be fined as set forth in Appendix F-Fees and Fines. Sec. 22-352. Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when: (1) The building inspector determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto; (2) The failure of the property owner or property manager to initiate and prosecute in good faith eviction proceedings following notification by the city that the terms of the safe communities lease addendum have been violated; or (3) The failure of the property owner or property manager to attend a safe communities seminar when required by section 22-371(b). Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed. (b) Notice of violations. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225. (d) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed, and an existing permit shall remain in force until the appeal is decided. Secs. 22-353—22-355. Reserved. DIVISION 3. SHORT-TERM RENTAL USE Sec. 22-356. Purpose; applicability; definitions; compliance. (a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one- family dwellings (residences) in established areas of the city as an economic asset, allowing for increased travel, visitation, and tourism and affording property owners of the opportunity to earn revenue from such occupancy, while ensuring that such uses do not become a nuisance, that neighborhood character is not compromised, and that such businesses are properly operated and maintained. The purpose of this division shall be to minimize public safety risks and public nuisances, such as noise, trash, and parking problems; to ensure that traditional neighborhoods are not turned into tourist areas to the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 47 detriment of long-term residents; and to ensure that individual dwellings are not turned into pseudo hotels or party houses. (b) Applicability. Short-term rental use (STRU) shall be allowed in any one-family dwelling as defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance wherever such are allowed by right and do not require a variance or conditional use approval. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Good neighbor brochure means a document provided by the owner to the guest or guests and containing: the name and telephone number for the owner; notification on standards of behavior and occupancy relating to parking, noise, trash collection, waste disposal, street maintenance, snow removal, and public safety services and including contact and web access information; and such other information as the city may from time to time prescribe. Guest or guests means the individual or individuals securing the short-term rental use for the purposes of staying overnight. Owner means the person or persons holding legal or equitable title to the property being offered as a short-term rental use. Short-term rental use (STRU) means rental of all or a part of a residential one-family dwelling unit which is made available by agreement for a residential occupancy by a tenant in exchange for compensation for a duration of a temporary occupancy of less than 30 days. Rentals of 30 days or more shall comply with the provisions of divisions 1 and 2 of this chapter. Lodging houses as defined in Article IX; section 22-281 is not included as short-term rental uses under this division. (d) Compliance. No person shall operate, offer for occupancy, or let to another for occupancy as a short-term rental use any dwelling which is not in compliance with this article or any other applicable codes. Sec. 22-357. Registration and inspection requirements; inspection required for life safety and building purposes; short-term rental use license required. (a) The owner of any dwelling proposed for a short-term rental use must obtain an annual short-term rental use license. (b) An inspection by the city Code Enforcement Office shall be required to determine compliance with property maintenance and all other applicable codes. Any items in non- compliance shall be remedied before a license is granted. The inspection shall be required the first time a license is issued and may be required at renewal at the discretion of the Code Enforcement Office. The rental license must be kept current during any time the dwelling is offered as a short-term rental use. (c) The license shall be valid for up to one year and must be renewed no later than January 31 of each year of continued operation.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 48 (d) The short-term rental use license must be clearly displayed inside the dwelling along with any state licenses or permits. (e) The short-term rental use license may not be transferred to any party except heirs and assigns and shall be void upon transfer of ownership of the property where the short-term rental use is located. Sec. 22-358. Owner obligations. An owner of a dwelling seeking to use a property as a short-term rental use shall comply with the following obligations: (1) The owner of the property being offered as a short-term rental use must be a resident of the city. Determination of residency shall be based on meeting city voting residency eligibility. Such owner may offer for short-term rental use only that property which is the owner's primary residence. (2) A property not owned by a resident of the city shall not be used as a short-term rental use. Such property shall not be used for overnight accommodations unless such property qualifies as a bed and breakfast inn pursuant to Dover Code, Appendix B—Zoning, Article 3—District Regulations. (3) A good neighbor brochure must be provided in the dwelling listing city provisions as required. Sec. 22-359. Limitations on occupancy and use. (a) The number of guests 12 years and older permitted at any time shall not exceed twice the number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum of 12 individual occupants of all ages at any one time regardless of the number of bedrooms available. (b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in total; all parking shall comply with all requirements relating to street maintenance, fire access, parking on paved surfaces, trash collection, obstacles to travel, or other requirements. Violations shall be ticketed offenses. (c) Signage identifying the short-term rental use, if desired, shall be limited to one sign, mounted on the dwelling, not illuminated, and not to exceed one square feet foot in size overall. A sign permit must be obtained for any desired sign. (d) Access to a full bath must be provided. (e) Guests shall be prohibited from further subletting the dwelling. (f) Weddings, graduation parties, corporate events, commercial functions, large gatherings, or other special events associated with the STRU shall be prohibited unless a city special event permit shall have been granted for a specific activity and date. (g) The owner has the responsibility to not knowingly allow any illegal or criminal activity on the property nor permit the guests to create a public nuisance including, but not limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a disorderly premise, generation of trash, or other behavior which unreasonably disturbs

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 49 the peace, safety and general welfare of the neighborhood as provided in this chapter and pursuant to Chapter 70—Offenses and Miscellaneous Provisions, Section 70-8— Disorderly Premises and Chapter 42—Environment, Section 42-2—Noise of the Dover Code of Ordinances. Sec. 22-360. Enforcement, fees, and penalties, reporting. (a) Short-term rental license. Payment of a short-term rental use license fee as set forth in Appendix F—Fees and Fines is required annually beginning January 31 of each year; the fee will be prorated for a partial year. (b) Failure to register and obtain a license. Penalties fines for failure to register and obtain a license shall be as set forth in Appendix F—Fees and Fines. (c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use, shall be as set forth in Appendix F—Fees and Fines. (d) A dwelling cited three times by the Code official or by any city department as a nuisance or the location of illegal or criminal activity within any consecutive 12-month period shall have its short-term rental use license suspended for not less than the rest of the license year or a longer period up to permanently. (e) The owner shall voluntarily report to the city annually documenting the occupancy and frequency of rentals obtained, such report to be completed by January 31 of the following year as part of the license renewal and for the purposes of building a database of STRU activity and economic impact, not for enforcement or tax purposes. Sec. 22-361. Enforcement, notice, and appeals. Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and Building Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous Provisions of the Code of Ordinances. Secs. 22-362—22-369. Reserved. DIVISION 4. SAFE COMMUNITIES Sec. 22-370. Criminal activity. Tenants of rental dwellings, any member of the tenant’s household, any guest, or other person under the tenant’s control shall not engage in criminal activity on or within 500 feet of the lot on which the rental dwelling resides. Sec. 22-371. Safe Communities seminar. (a) The City of Dover Police Department shall offer a Safe Communities seminar a minimum of two times each calendar year. The seminar shall be voluntary, except in the following circumstances: (1) When a rental dwelling permit has been suspended in accordance with section 22- 352, the property owner or manager shall attend the seminar prior to reinstatement of the suspended rental dwelling permit; or

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 50 (2) When a rental dwelling has been the subject of response by the police department on three or more occasions within a six-month period, due to occasions where the tenant, any member of the tenant's family, or any guest or other person under the tenant's control have engaged in criminal activity, the property owner or managers shall attend the seminar. (b) Upon notification by the chief of police that the Safe Communities seminar is required in accordance with subsection (2) above, the Department of Planning and Inspections shall notify the property owner and/or property manager that he is required to attend the next scheduled Safe Communities seminar. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing to the property owner and property manager if a property manager is on record with the Department of Planning and Inspections. Sec. 22-372. Safe Communities Lease Addendum. (a) All residential leases shall include a Safe Communities Lease Addendum, signed by the property owner and tenant, in the following form: In addition to all other terms of the lease, landlord and tenant agree as follows: (1) The tenant, any member of the tenant's household, any guest, or any other person under the tenant's control on or within 500 feet of the leased premises: i. Shall not engage in criminal activity, including drug-related criminal activity, on or within 500 feet of the leased premises. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession of any illegal or controlled substance defined by 16 Del. C. Ch. 47. ii. Shall not engage in any act intended to facilitate criminal activity. iii. Shall not permit the dwelling unit to be used for or to facilitate any criminal activity. (2) Any activity prohibited by the Safe Communities Lease Addendum shall constitute a substantial violation of the lease, material noncompliance with the lease, and grounds for termination of tenancy and eviction. (b) The Department of Planning and Inspections shall provide the Safe Communities Lease Addendum. (c) An executed copy of the Safe Communities Lease Addendum shall be required for all rental dwellings in the City of Dover prior to establishment of a utility account for the premises. Sec. 22-373. Eviction required. (a) If the tenant, any member of the tenant's household, any guest, or other person under the tenant's control engages in criminal activity as defined by Section 22-331(c)(1) and Chapter 22, Buildings and Building Regulations, of the Dover Code on three or more occasions within a 12-month period, the chief of police shall notify the Department of Planning and Inspections to initiate the safe communities lease termination notice

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 51 procedure directing the property owner or property manager to terminate the tenancy in accordance with subsection (b). (b) Upon notification by the chief of police that termination of tenancy is required in accordance with subsection (a), the Department of Planning and Inspections shall notify the property owner and property manager that they have 30 days to initiate the eviction or otherwise terminate the tenancy. Such notice shall be sent by U.S. Mail, evidenced by Certificate of Mailing, to the property owner and property manager if a property manager is on record with the Department of Planning and Inspections. Secs. 22-374—22-380. Reserved. ARTICLE XI. DANGEROUS BUILDINGS Sec. 22-381. Definitions. The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Dangerous buildings means all buildings or structures which have any or all of the following defects or uses: (1) Leaning interior walls. Those of which the interior walls or other vertical structural members list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside of the middle third of its base. (2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more of damage or deterioration of the supporting member or members, or 50 percent of damage or deterioration of the non-supportive enclosing or outside walls or covering. (3) Loads on roofs. Those which have improperly distributed loads upon the floors or roofs or which the same are overloaded or which have insufficient strength to be reasonably safe for the purpose used. (4) Fire damage, etc. Those which have been damaged by fire, wind, or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the city. (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe, iunsanitary, or so utterly fail to provide the amenities to decent living that they are unfit for human habitation, or are likely to cause sickness or disease, so as to work injury to the health, morals, safety, or general welfare of those living therein. (6) Light, air, sanitation. Those having light, air, and sanitation facilities which are inadequate to protect the health, morals, safety, or general welfare of human beings who live or may live therein. (7) Fire escapes, etc. Those having inadequate facilities in case of fire or panic, or those having insufficient stairways, elevators, fire escapes, or other means of communication. (8) Loose parts. Those which have parts thereof which are so attached that they may fall and injure members of the public or property.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 52 (9) General welfare. Those which, because of their condition or use, are unsafe, unsanitary, or dangerous to the public health, morals, safety, or general welfare of the people of this city. (10) Code violations. Those existing in violation of any provisions of the building code of this city, or any provision of the fire prevention code, or other ordinances of this city. (11) Drug sales, use, etc. Those which are being used for the unlawful selling, serving, storing, giving away, or manufacturing (which includes the production, preparation, compounding, conversion, processing, packaging, or repackaging) of any drug, which includes all narcotic or psychoactive drugs, cannabis, cocaine, and all controlled substances as defined in the Uniform Controlled Substances Act (16 Del. C. § 4701 et seq.). (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three months or more so that decay is being accelerated by natural or manmade causes or which may be attracting trespassers and vagrants, increasing the probability of fire and danger to human life. (13) Incomplete buildings. Those under construction, if the authorized work is substantially suspended or abandoned for a period of three months or more. Sec. 22-382. Standards for repair, vacation, or demolition. The following standards shall be followed in substance by the code official in ordering the repair, vacation, or demolition of dangerous buildings: (1) Repair. If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this article, it shall be ordered repaired. (2) Vacation. If the dangerous building is in such a condition or is being used to make it dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered to be vacated and closed. Buildings ordered closed shall not be reopened until a certificate of occupancy is issued. (3) Demolition. In any case, where a dangerous building is 50 percent damaged, decayed, or deteriorated from its original value or structure, it shall be demolished, and in all cases where a building cannot be repaired so that it will no longer exist in violation of the terms of this article, it shall be demolished. In all cases where a dangerous building is a fire hazard, or public safety hazard as determined by the code official or is existing or erected in violation of the terms of this article or any ordinance of the city or statute of the state, it may be demolished. Sec. 22-383. Nuisance declared. All dangerous buildings within the terms of section 22-381 are hereby declared to be public nuisances and shall be repaired, vacated, and closed or demolished as hereinbefore and hereafter provided. Sec. 22-384. Duties of the code official. The code official shall:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 53 (1) Inspect public buildings. Inspect or cause to be inspected semiannually all public buildings, schools, halls, churches, theaters, hotels, tenements, or commercial, manufacturing, or loft buildings for the purpose of determining whether any conditions exist which render such places a dangerous building within the terms of section 22-381. (2) Complaints. Inspect any building, wall, or structure about which complaints are filed by any person to the effect that a building, wall, or structure is or may be existing in violation of this article. (3) Reported violations. Inspect any building, wall, or structure reported (as hereinafter provided for) by the fire or police departments of this city as probably existing in violation of this article. (4) Dangerous buildings. Inspect such other buildings as shall from time to time come to his attention as possibly dangerous buildings within the terms of section 22- 381. (5) Notice to owner. Notify, in writing, the owner, occupant, lessee, mortgagee, agent, and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, of any building found by him to be a dangerous building within the standards set forth in section 22-381, that: a. Duties of owner. The owner must vacate and close, or repair, or demolish said building in accordance with the terms of the notice and this article; b. Duties of occupant. The occupant or lessee must vacate and close said building or may have it repaired in accordance with the notice and remain in possession; c. Persons with interest. The mortgagee, agent, or other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, may, at their own risk, repair, vacate and close, or demolish the said building or have such work or act done; provided that any person notified under this subsection to repair, vacate and close, or demolish any building shall be given such reasonable time, not exceeding 30 days, as may be necessary to do, or have done, the work or act required by the notice provided for herein; d. Appeal. The person or entity receiving notice by the code official shall have the right to appeal his decision directly to the council and have a hearing conducted in accordance with the provisions of section 22-385 before council, provided that the notice of appeal is filed with the city clerk no later than five days after receiving notice from the code official. (6) Order to remedy conditions. Set forth in the notice provided for in subsection (5) hereof a description of the building or structure deemed unsafe, a statement of the particulars which make the building or structure a dangerous building, and an order requiring the same to be put in such condition as to comply with the terms of this article within such length of time, not exceeding 30 days, as is reasonable.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 54 (7) Noncompliance with notice. Report to the council any noncompliance with the notice provided for in subsections (5) and (6) hereof. (8) Testify at hearings. Appear at all hearings conducted by the council and testify as to the condition of dangerous buildings. (9) Notice on buildings. Place a notice on all dangerous buildings, reading as follows: "This building has been found to be a dangerous building by the code official. This notice is to remain on this building unit until it is repaired, vacated, and closed, or demolished in accordance with the notice which has been given to the owner, occupant, lessee, mortgagee, or agent of this building, and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of Kent County. It is unlawful to remove this notice until such notice is complied with." (10) Orders of council. Carry out all orders of the council to cause the repair, vacation, and closure, or demolition of dangerous buildings pursuant to section 22-385. In causing the vacation of the dangerous building, the code official may order the city utilities to be disconnected. In causing the closure of dangerous buildings, the code official may direct the removal from the building of all furniture, equipment, and other personal property left by vacated occupants. Sec. 22-385. Hearing before council. The council of the city shall: (1) Notice of hearing. Upon receipt of a report of the code official as provided for in section 22-384(7), give written notice to the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown by the records of the recorder of deeds of the county, to appear before it on the date specified in the notice to show cause why the building or structure reported to be a dangerous building should not be repaired, vacated and closed, or demolished in accordance with the statement of particulars set forth in the code official’s notice provided for herein in section 22-384(6). (2) Conduct of hearing. Hold a hearing and hear such testimony as the code official or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as shown by the land records of the recorder of deeds of the county, shall offer relative to the dangerous building. Hearings relative to reported dangerous buildings as defined in section 22-381(11) shall include the testimony of the city chief of police, who may submit arrest records, complaint records, and affidavits relative to the property as evidence for the hearing. (3) Findings. Make written findings of fact from the testimony offered pursuant to subsection (2) of this section as to whether or not the building in question is a dangerous building within the terms of section 22-381. (4) Order. Issue an order based upon findings of fact made pursuant to subsection (3) of this section, commanding the owner, occupant, mortgagee, lessee, agent, and all other persons having an interest in said building, as shown on the land records of the recorder of deeds of the county, to repair, vacate and close, or demolish any building found to be a dangerous building within the terms of this article, setting the time within which said

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 55 building shall be repaired, vacated and closed, or demolished, and provided that any person so notified, except the owners, shall have the privilege of either vacating or repairing said dangerous building; or any person, not the owner of said dangerous building but having an interest in said building as shown by the land records of the recorder of deeds of the county may demolish said dangerous building at his own risk to prevent the acquiring of a lien against the land upon which said dangerous building stands by the city as provided in subsection (5) hereof. (5) Failure to comply. If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (4) hereof within ten days, cause such building or structure to be repaired, vacated and closed, or demolished, as the facts may warrant, under the standards hereinbefore provided for in section 22-384, and shall, with the assistance of the city solicitor, cause the costs of such repair, vacation, or demolition to be charged against the land on which the building existed 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 against the land upon which the building stands or did stand, or to be recovered in a suit at law against the owner, provided that in cases where such procedure is desirable and any delay thereby caused will not be dangerous to the health, morals, safety, or general welfare of the people of this city, the council shall notify the city solicitor to take legal action to force the owner to make all necessary repairs or demolish the building. (6) Report to solicitor. Report to the city solicitor the names of all persons not complying with the order provided for in subsection (4) hereof. Sec. 22-386. Violations; penalty for disregarding notices or orders. (a) Violations by owner. The owner of any dangerous building who shall fail to comply with any notice or order to repair, vacate and close, or demolish said building given by the council shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F—Fees and Fines. (b) Violations by occupant or lessee. The occupant or lessee in possession who fails to comply with any notice to vacate and close or who fails to repair said building in accordance with any notice given by the council as provided for in this article shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in Appendix F—Fees and Fines. (c) Removal of notice. Any person removing the notice provided for in section 22-384(9) shall be guilty of a misdemeanor and, upon conviction, shall be fined as provided for in Appendix F—Fees and Fines. Sec. 22-387. Duties of the city solicitor. The city solicitor shall: (1) Prosecutions. Prosecute all persons failing to comply with the terms of the order provided for in section 22-385(4). (2) Hearings. Appear at all hearings before the council in regard to dangerous buildings.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 56 (3) Collections. Bring suit to collect all municipal liens, assessments, or costs incurred in repairing or causing them to be vacated and closed or demolished dangerous buildings. (4) Other legal action. Take such other legal action as is necessary to carry out the terms and provisions of this article. Sec. 22-388. Emergency cases. In cases where it reasonably appears that there is an immediate danger to the life or safety of any person unless a dangerous building is immediately repaired, vacated, and closed, or demolished, the building inspector shall report such facts to the council, which may cause the immediate repair, vacation, or demolition of such dangerous building. The costs of such emergency repair, vacation, or demolition of such dangerous building shall be collected in the same manner as provided in section 22-385(5). Sec. 22-389. Procedure when owner absent from the city. In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the city, all notices or orders provided for herein shall be sent by registered or certified mail to the owner, occupant, mortgagee, lessee, and all other persons having an interest in said building, as shown by the land records of the recorder of deeds of the county, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which it relates. Such mailing and posting shall be deemed adequate service. Sec. 22-390. Administrative liability. No officer, agent, or employee of the city shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this article. Any suit against any officer, agent, or employee of the city as a result of any act required or permitted in the discharge of his duties under this article shall be defended by the city solicitor until the final determination of the proceedings therein. Sec. 22-391. Duties of fire marshal and city employees. The fire marshal, all members of the fire department, all officers of the police department, and all other employees of the city shall report, in writing, to the Division of Code Enforcement all buildings or structures within the city which shall come to their knowledge or attention as being dangerous buildings within the terms of this article. Secs. 22-392—22-399. Reserved. ARTICLE XII. VACANT BUILDINGS Sec. 22-400. Purpose; applicability; definitions. (a) Purpose. The purpose and intent of this article is to establish a registration and identification program of vacant buildings within the city. Vacant buildings are detrimental to the surrounding buildings and neighborhoods in which they exist. The article is also to ensure the public health, safety, and welfare insofar as they are affected by vacant buildings within the city. The health, safety, and welfare of the neighborhoods

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 57 in which vacant buildings are located are of the utmost importance to the city, as is the general community character in which these vacant buildings are located. (b) Applicability. The provisions of this article shall apply to all matters affecting or relating to vacant buildings. Where, in this article, different sections of this Code may specify different requirements, the most restrictive shall govern. (c) Definitions. The following words, terms, and phrases, when used in this article, shall have meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning. (1) Vacant building means a building, structure, or dwelling that has been unoccupied for more than three consecutive months; or a commercial tenant space greater than 10,000 square feet in an otherwise occupied building, that has been left unoccupied for more than three consecutive months. (2) Actively for sale or lease means the building is being actively marketed through a licensed real estate broker or the owner who is regularly advertising the property in newspapers circulated in and around Dover, it is being offered for sale or lease at a cost of no more than 25 percent over market rate as determined by the city assessor, and the building is in reasonable condition for sale or lease, including but not limited to: no trash has collected inside or outside of the building, the utilities are functional, and it is not being used as storage that is unrelated to the former use. Sec. 22-401. Monitoring, inspection, and condition standards. (a) The building inspector shall inspect any premises in the city for the purpose of enforcing and assuring compliance with the provisions of this article. Upon request of the building inspector, an owner shall provide access to all interior portions of a vacant building in order to permit a complete inspection. Once a building/structure/unit or residence (hereon after referred to as building) is registered as a vacant building, the vacant building shall be inspected annually for as long as it is considered vacant. (b) The vacant building shall be secured; the exterior building and premises shall be maintained in accordance with all City of Dover Code requirements. (c) The vacant building shall be in reasonable condition (all utilities shall be functional, there shall be no trash or debris inside or outside the building and it shall not to be used as storage that is unrelated to the former use). Sec. 22-402. Agent—Responsible person required. (a) Property manager. Any owner of a vacant building, residing outside of the county, shall be required to have a licensed property manager residing or having an office located in the county, or a family member or other designated individual who does not manage any other real estate for a fee and who resides in the county acting as a property manager. The property manager, including family members and designated individuals, shall have charge, care, and control of the vacant building, and shall provide access to the vacant building for inspection upon request by the building inspector, within 30 days.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 58 (b) Corporate or partnership owners. Any corporation or partnership owning a vacant building shall have a designated member, partner, or employee having charge, care, and control of the vacant building. The designated member, partner, or employee shall reside in or have an office located in the county or shall be required to have a licensed property manager residing or having an office located in the county, or another designated individual who does not manage any other real estate for a fee, and who resides in the county, acting as a property manager. The property manager, or other designated individuals shall have charge, care, and control of the vacant building, and shall provide access to the vacant building for inspection, upon request by the building inspector, within 30 days. Sec. 22-403. Registration and registration fee. (a) Registration of building. There are two ways to register the building as vacant. (1) The owner shall register with the city not later than 30 days after any building in the city becomes vacant, as defined. The registration of the vacant building shall include the site address, the name of the current owner or owners, current address of the owner and of all applicable owners, tax parcel number, proof of insurance on the building, description of the condition of the building, plans for the building (to eliminate the vacancy), the responsible person or agent and their contact information and any other applicable information. If any information changes the owner is responsible for informing the city of those changes in a timely manner. (2) The building inspector or his designee, shall investigate any property that may be subject to registration. Based upon his findings, the building inspector may register the property as a vacant building subject to this chapter. a. Notice of registration. Within five business days of such registration, the Licensing and Permitting Office shall notify the owners of the registered property by certified mail at their last known address according to the records of the city and Kent County. b. Registration fee. i. The annual registration fee shall be paid at the time of registration. If the building inspector registers the building as vacant the fee shall be due not later than 30 days after the building is registered as vacant. The annual registration fee will then be due on the registration anniversary date every year after that as long as it remains vacant. The starting point for counting a building as being vacant will begin on the date of the enactment of this article [June 26, 2006]. ii. The annual fee is as provided for in Appendix F—Fees and Fines. Sec. 22-404. Violation and penalties. (a) If the registration fee is not paid within 30 days of being due, the owner shall be in violation of this article.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 59 (1) A lien can be assessed against the property. Such fees shall be entered in the municipal lien docket as a lien owing the city, and the same may be turned over to the city solicitor for collection. (2) The fee will be assessed to the parcel's tax bill. (3) The fee shall be paid in full prior to the transfer of title. (4) The fee shall be paid in full prior to the issuance of any building permits for the subject building and for any other building that is owned by the owner within the city. Sec. 22-405. Exemptions—Types of buildings eligible for exemption status from the registration fee. (a) The following are exempt from the registration: The building has fire damage. The owner has 90 days to file for a permit to start construction or demolition or it will be determined a vacant property. (b) The following properties shall be registered as vacant, but they are exempt from the registration fee: (1) The building is actively being offered for sale or lease for a maximum period of five years. After such time this article will be in effect. Proof of activity shall fall on the owner to provide. See definition. (2) The owner has obtained a building permit and is progressing in an expedient manner to prepare the premises for occupancy. (3) The property is in probate or where the owner has entered a long-term care facility within six months of the building being vacant. (4) The property is currently undergoing environmental cleanup or assessment. (c) Failure to register. If the owner of the property fails to register the property with the City of Dover within 30 days of notification to do so by the City of Dover staff, then the property owner/agent may not be entitled to exemption from the fees. Sec. 22-406. Appeal of the 25 percent over market rate. An appeal of the 25 percent over market rate (from the actively for sale or lease definition) can be considered through an appraisal using accepted appraisal standards to determine market rate. The owner has the option of asking the city tax assessor to perform the appraisal or having one performed (using accepted appraisal standards) at their own expense. ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-16 – AMENDING CHAPTER 46 – FIRE PREVENTION AND PROTECTION (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Boggerty absent) (The First

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 60 Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-16 – Amending Chapter 46 – Fire Prevention and Protection. By motion of Mr. Rocha, seconded by Ms. Arndt, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-15 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 46 – Fire Prevention and Protection, as follows: ARTICLE I. IN GENERAL Sec. 46-0. Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Automatic telephone dialing device and digital alarm communicator system means an alarm system which automatically sends a prerecorded voice message or coded signal over regular telephone lines, by direct connection or otherwise, indicating the existence of the emergency situation that the alarm system is designed to detect. Barbecuing—Commercial means the preparation and cooking of food by way of gas grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas for the purpose of cooking food for the sale to and/or consumption by the general public. Barbecuing—Recreational means the preparation and cooking of food by way of gas grill, charcoal grill, or other apparatus used for the cooking of food by way of flame produced through wood, charcoal, or gas for the purpose of cooking food for the consumption by a family and/or guests or by the membership of a private organization or church congregation. Bollard means a solid post that conforms to the dimensions outlined in this section which is constructed of concrete, steel, or other durable material approved by the Fire Marshal, cored into a hard surface that is buried in the ground, designed to protect buildings and utilities by absorbing the impact of a motor vehicle collision. Code enforcement officer shall mean fire marshals, police officers, and inspectors employed by the city.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 61 Emergency shall mean any situation where the Dover Fire Department or any assisting fire department is called to perform firefighting, rescue, or life-saving operations within the limits of the city. Fine means the assessment of a monetary charge, payable to the city, authorized pursuant to this section, to defray the expenses of responding to a preventable alarm or alarm malfunction. Fire alarm installation report means a report, in a form approved by the fire marshal, with the following minimum information: (1) The name, address, business, and home telephone number of the owner, lessee, operator, manager, or person in possession of the premises wherein the alarm system is installed. (2) The name, address, and telephone number of a minimum of two persons who can be notified by the Robbins Hose Company in the event of the activation of the alarm system, who shall be capable of responding to the premises within 30 minutes, and who are authorized to enter the premises to ascertain the status thereof. Fire alarm malfunction means the activation of any alarm, which results in the response of the fire department, caused by mechanical failure, malfunction, improper installation, or lack of proper maintenance. Fire alarm system means any mechanical, electrical, or radio-controlled device which is designed to emit a sound or transmit a signal or message when activated or any such device which emits a sound and transmits a signal or message when activated because of smoke, heat, or fire. Without limiting the generality of the foregoing, the term "fire alarm system" shall be deemed to include audible alarms at the site of the installation of the detection device, proprietor alarms and automatic telephone direct dial devices, or digital alarm communicator systems. A single-station alarm device shall not be deemed to be an alarm system under this section. Fire alarm technician means any person who inspects, installs, repairs, or performs maintenance on fire alarm systems and is licensed by the state or works under a state- licensed alarm contractor. Fire protection system shall include any electronic or mechanical system designed and installed to detect and alert, suppress, or seal off smoke and fire from the occupants of a building. Impact protection means any bollards, walls, concrete barriers, or other devices, subject to the approval of the fire marshal, used to stop vehicles or equipment in motion. Impairment means any effective lessening of the equipment to operate as designed, including times of maintenance and annual testing. Means of egress means the most current edition of the National Fire Prevention Association Life Safety Code shall be used to determine the definition of the term "means of egress."

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 62 Open burning means the burning of materials wherein products of combustion are emitted directly into the ambient air without passing through a stack or chimney from an enclosed chamber. Operative alarm system means an alarm system which the owner of a premises is required to maintain in an operative condition pursuant to statute, law, ordinance, rule, or regulation of the state or the city. Outdoor fireplace means any homemade or commercially produced fireplace, fire pit, or fire ring used for the kindling of wood. Owner means any person who owns the premises in which an alarm system is installed or the person or persons who lease, operate, occupy, or manage the premises. Premises means any building or structure, or combination of buildings and structures, which serve as dwelling units, single-family or multifamily, or any other area within a building or structure, or combination thereof, which is used for any purpose, other than residential, wherein an alarm system is installed. Preventable alarm means the activation of any alarm, which results in the response of the fire department, caused by the negligence or intentional misuse of the system by the owner or his/her employees, servants, or agents; or any other activation not caused by heat, smoke, or fire, exclusive of a "fire alarm malfunction" as defined in this section. An alarm is not considered a preventable alarm if the alarm is activated due to malicious causes beyond the control of the owner. Serve means hand-delivery, by a representative of either the fire department or police department, to the owner or authorized representative who responded to the premises. In the event the owner or authorized representative fails to respond to the premises within 30 minutes, the term "serve" shall mean placing the form or other matter in the United States mail, addressed to the owner or authorized representative. Single-station alarm device means an assembly incorporating the detector, control equipment, and alarm-sounding device in one unit, operated from a power supply either in the unit or obtained at the point of installation. Sec. 46-1. Means of egress. (a) Obstructions. The means of egress for an occupancy shall be kept continuously free of all obstructions or impediments to full instant use in case of fire or emergency. (b) Exit doors. All required exit doors shall be unlocked and under the control of the occupants within the building or area. This subsection is to include fenced-in outdoor events.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 63 (c) Duty of owner, manager. It shall be the responsibility of the owner, manager, principal, or any other person responsible for the day-to-day operations of the occupancy to ensure that exits are unobstructed and unlocked prior to the opening of the occupancy to the general public. (d) Merchandise in exits. In mercantile occupancies, merchandise is prohibited from being displayed in any required exit access, exit, or exit discharge. Merchandise may be displayed in the exit access, exit, or exit discharge of mercantile occupancies that have submitted a written plan for the display of such merchandise, and the plan has been reviewed and approved by the Fire Marshal's Office. (e) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked exit door, is found to be in violation of this section, a summons shall be issued as provided for in Appendix F—Fees and Fines. Any required exit door found to be locked against egress shall be in violation of this section and a summons shall be issued for each locked exit as provided for in Appendix F—Fees and Fines. Sec. 46-2. Obedience to state fire and safety laws and regulations. (a) Health and safety laws. No person shall violate any of the provisions of Title 16, chapters 65—74, part VI of the Health and Safety of the Delaware Code (16 Del. C. §§ 6501— 7418). The penalties for such violations issued by the city shall be in accordance with those issued by the state for the same offense. (b) Fire prevention regulations. No person shall violate any of the provisions of the most recently adopted state fire prevention regulations as now or hereafter amended. The penalties for such violations shall be in accordance with those issued by the state for the same offense. Sec. 46-3. Impairment of fire protection equipment. (a) Prohibited. It shall be a violation of this chapter for any owner, renter, lessor, or contractor, after having been notified, in writing, by the fire marshal or code enforcement officer of any impairment to fire protection equipment, including but not limited to fire hydrants, fire alarm systems, sprinkler systems, commercial cooking ventilation, fire suppression systems, standpipes, and smoke removal or pressurization systems, to allow it to remain impaired for any time beyond that allowed by the fire marshal for repair. (b) Impairment of fire protection systems. All fire protection systems, devices, units, and service equipment shall be maintained in an operational condition at all times, and it shall be unlawful for any person owning, controlling, or otherwise having charge of any fire protection system to willfully or knowingly tamper with or impair the system from operating as designed without proper approval. An approval form may be obtained from the Fire Marshal's Office. Approvals will not be required for temporary impairments caused by periodic testing and inspection. Any impairment which will render the system non-operational or out of service for more than eight hours for testing and inspection purposes must be approved prior to the start of work.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 64 (c) Notification required. The owner, tenant, or contractor shall notify the Robbins Hose Company of any impaired fire protection equipment, and shall renotify the Robbins Hose Company when the fire protection equipment has been restored to normal service. Certification from the repairing contractor shall be required to verify that the system has been fixed and is functioning as designed. (d) Fire watch required. When any impairment would cause a sprinkler system not to operate or a fire alarm system not to detect and signal a fire, and if the building is to remain occupied, a fire watch shall be established in that building or that portion of a building affected. It shall be the responsibility of the owner or tenant to set up the fire watch. The fire watch shall consist of an hourly check of the building or portion of the building affected, and a log kept, there stating the date, time of the checks, and who was making the checks. This log shall be accessible for immediate inspection by the fire chief, fire marshal, or code enforcement officer. (e) Authority of fire marshal. The fire marshal or his/her designee is authorized to close any such building or property where fire protection equipment is found to be impaired or non-operational to ensure the life safety of the occupants. (f) Fines. Any owner, occupant, contractor, or corporate body found to be in violation of this section shall be issued a summons as provided for in Appendix F—Fees and Fines. Sec. 46-4. Impact protection of natural gas and LP gas devices. All natural gas and LP gas installations shall be installed per adopted NFPA and International codes, with the following amendments: (a) When required. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. The fire marshal and/or chief building inspector shall reserve the right to apply this section whenever it is deemed necessary to provide impact protection to address a life or fire hazard. (b) Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) and embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 65 (c) Color of bollards. Bollards should be of the following colors: yellow, amber, or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. (d) Responsibility. It shall be the responsibility of the property owner and/or contractor for the new installation to ensure that natural gas and LP gas meters, regulators, and valves are protected in accordance with these regulations. (e) Compliance period. All new construction projects shall comply with the provisions of this section. All existing multiple dwellings, schools, nursing homes, hospitals, and daycare centers shall be protected in accordance with this section. All other existing structures shall be protected when deemed a life or fire hazard by the fire marshal. (f) Exemptions. Single-family homes, including townhouses, duplexes, and manufactured housing, except where natural gas and LP gas devices are located directly in front of head-in parking spaces and driveways, and where the fire marshal deems that impact protection is not necessary, shall be exempt from this section. Sec. 46-5. Open burning. (a) Permit required. Open burning of structures, brush, or bonfires shall not be permitted without a permit obtained from the fire marshal. (b) Fire dimensions. Open burning, when permitted, shall be kindled in such a manner as not to be a danger to other campers, recreational vehicles, tents, or structures and shall not be of a size greater than 18 inches by 18 inches by 18 inches. Height of the fire shall be measured from the ground or from the bottom of the inside of the container being used to kindle the fire. Open burning shall not be kindled directly on the ground unless contained in a fire ring. (c) Fire clearances and time restrictions. Outdoor fireplaces shall have 36 inches clearance from all combustibles when in use. Portable fireplaces, fire pits, or fire rings shall be extinguished in a residential area between the hours of 12:00 midnight and 8:00 a.m. (d) Commercial barbecuing. Commercial barbecuing shall be permitted under the following conditions: (1) The location has been approved by city licensing and inspections and the fire marshal and an outdoor public gathering permit has been obtained. (2) One fire extinguisher of not less than five pounds ABC is to be located within ten feet of the cooking area. Cooking area and cooking fuels shall be secured from public access. (3) Approval from the Board of Public Health has been obtained.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 66 (4) The operator shall make all reasonable attempts to avoid causing a nuisance to nearby property owners with smoke, fumes, or sparks. (5) All compressed flammable gas containers used for cooking shall be secured in such a way as to prevent them from being knocked, tipped, or blown over. Any commercial barbecuing operations which are a continual nuisance because of smoke, fumes, or sparks shall be terminated by the code official, or fire marshal and the outdoor public gathering permit revoked until such time as the director of licensing and inspections is satisfied that the problem has been corrected. Barbecuing of any kind shall not be kindled within 200 feet of any fuel pump or storage tank fill. Cooking grease shall not be disposed of by placing it directly on the ground or in stormwater drains. (e) Prohibited. (1) Multifamily residential dwelling units. In apartment buildings, condominiums, or any other multifamily residential dwelling of three or more units by any other name, the storage of propane tanks inside units or on balconies is prohibited. Recreational barbecuing shall be prohibited on any balcony or under any overhanging portion or within 15 feet of any structure, except that the use of electrical ranges or electrical grills shall be permitted. The use of outdoor fireplaces on balconies is prohibited. (2) Unattended burning. It shall be prohibited for open burning, commercial barbecuing, and outdoor fireplaces to be unattended at any time. In the event that any open burning, commercial barbecuing, or outdoor fireplaces are found to be unattended, the fire marshal, code official, fire officer, or police shall order the open burning extinguished. (f) Fines. Any owner, occupant, contractor, or corporate body found to be in violation of this section shall be issued a summons as provided for in Appendix F—Fees and Fines. (g) Authority of the fire marshal. The fire marshal is authorized to impose a ban on open burning if weather conditions do not safely permit open burning. The fire marshal or fire officer shall order any fire extinguished that is deemed unsafe or not in compliance with this section of the Dover Code. Sec. 46-6. False fire alarms generally. (a) Prohibited. No person shall willfully make, or cause to be made, any false alarm of fire by means of the fire alarm telegraph system, by means of any public or private alarm system, by telephone, by word of mouth, or by any other means of communication whatsoever. (b) Tests. This section shall not apply to city, state, or federal employees who are testing such alarms or are otherwise working with the same in their normal course of employment.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 67 Sec. 46-7. Preventable and malfunctioning alarms to the fire company. (a) Responsibility for malfunctioning and preventable alarms, owner response, and corrective action. (1) Generally. The responsibility for a preventable or malfunctioning alarm shall be that of the owner of the premises in which the fire alarm system is installed. A response to a preventable or malfunctioning alarm shall result when any fire marshal or member of the fire department shall be dispatched to the premises where the alarm has been activated or learns of the activation of the alarm system, by any means whatsoever, and responds thereto by traveling to that premises. After responding to a malfunctioning or preventable alarm, the responding official shall notify the owner, or his/her authorized representative and such person shall thereupon travel to the premises to ascertain the status thereof. Should the person notified fail to appear at said premises within 30 minutes after being notified to do so, the fire marshal may issue the owner of the premises a fine as provided for in Appendix F—Fees and Fines. The official or member of the fire department who responded to said premises shall notify the Fire Marshal's Office. (2) Malfunction. In the event of a fire alarm deemed by the responding official to be the result of a fire alarm malfunction, the owner will be served a notice of violation form, indicating that the activation was deemed to be the result of a fire alarm malfunction, and requiring the owner to provide documentation that the fire alarm component that caused the fire alarm malfunction has been corrected, to the satisfaction of the fire marshal, and that the fire alarm system in question has actually been examined by a fire alarm technician and that a bona fide attempt has been made to identify and correct any defect of design, installation or operation of the fire alarm system which was identifiable as the cause of the fire alarm malfunction. Failure to return documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine for the fire alarm malfunction as provided for in Appendix F— Fees and Fines. (b) Fine charges; multiple fire alarm malfunctions or preventable alarms. (1) Amount of fine. A fine may be assessed for the third and subsequent malfunctioning or preventable alarms at the same premises responded to by the fire department within the prior 12-month period. Thereafter, the fines, as provided for in Appendix F—Fees and Fines, shall be paid by the owner for each preventable or malfunctioning fire alarm responded to by the fire department at the same premises during a 12-month period beginning with the date of the first alarm. (2) Panel reset. Once a preventable alarm or fire alarm malfunction has been responded to by the fire department, it shall be unlawful for the alarm panel to be reset by any person until the authorization of the fire department has been obtained. A fine as provided for in Appendix F—Fees and Fines may be assessed to the owner of

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 68 a premises where the fire alarm has been reset before the fire department or assisting fire department arrives. (3) Insufficient alarms. When any premises are protected by a fire alarm system that, in the opinion of the fire marshal or his/her deputy(ies), will not safely alarm the occupants of a fire, the fire marshal or his/her deputy(ies) may close said building, or a portion of said building, to human occupancy until the problem with the fire alarm is corrected and a written report from a licensed fire alarm company is submitted to the fire marshal. Sec. 46-8. Maintaining a known violation or hazard. (a) Known violation or hazard. Any person is guilty of maintaining a known violation or hazard if: (1) After having been informed in writing by a code enforcement officer of a violation of the fire code, property maintenance code, a city ordinance, or state law existing on property he or she owns or occupies, he or she fails to correct the said violation; (2) He or she prevents a fire protection system from functioning as designed; (3) He or she knows that a fire protection system will not function as designed and takes no action to repair the fire protection system; (4) He or she interferes with any occupant's egress from a building; (5) He or she knows of an obstruction that would interfere with any occupant's egress from a building and takes no action to remove the obstruction; (6) He or she engages in any act, written or verbal, within city limits that obstructs, delays, hinders, or interferes with the operations of the fire department during an emergency (b) Penalties. (1) Any fines issued for violation of this section shall be issued as provided for in Appendix F—Fees and Fines. (2) Occupancies that continue to maintain a known violation or hazard may be closed by the code enforcement officer until such time as all violations and hazards have been corrected. Sec. 46-9. Fire hydrants and fire department connections. (a) It shall be unlawful for any person to park, place, or keep any vehicle or object within ten feet of a fire hydrant or fire department connection on any city street or public property.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 69 (b) Fire hydrants public and private shall have their tops painted with the appropriate color to indicate flow, and the remainder of the hydrant shall not be painted any color other than red unless approved by the fire marshal and public works department. (c) It shall be unlawful to knowingly impair or tamper with a fire hydrant or fire department connection so as to make it non-operational when needed. (d) It shall be unlawful for any person other than members of a fire department engaged in the performance of their duties, any person in the event of an emergency endangering life or property, or any city department for authorized purposes to open, use, or take water from any fire hydrant. (e) During times of inclement weather, snow shall not be plowed or piled so as to obstruct the use of fire hydrants on private property. (f) Fire hydrants shall be installed per the requirements of the City of Dover Public Utilities Water/Wastewater Handbook, NFPA requirements, and Delaware State Fire Prevention Regulations. Sec. 46-10. Report of fires required; spreading of alarm. It shall be the duty of the owner, manager, occupant, responsible person, or any person in direct control of any building or premises of any kind, upon discovery of a fire or evidence of there having been a fire even though it has apparently been extinguished, or upon receiving information that there is or was a fire on the premises, to immediately and with all reasonable dispatch and diligence call or otherwise notify the fire department of the existence, circumstances, and location of such fire and to spread an alarm to all occupants of the building. This requirement shall not be construed to forbid any person to use all diligence necessary to extinguish such fire prior to the arrival of the fire department. Sec. 46-11. Unlawful regulation or order. No person shall make, issue, post, or maintain any regulation or order, written or verbal, that would require any person to take any unnecessary delaying action prior to reporting a fire to the fire department. Sec. 46-12. Maintaining records for inspections. The building or property owner or manager of any occupancy required to have an annual fire/life safety inspection conducted by the Fire Marshal's Office shall maintain a fire inspection log with the documentation pertinent to that occupancy for the preceding three years, as follows: (1) Annual fire alarm system certificate of inspections. (2) Annual fire suppression system certificate of inspections. (3) Annual hood suppression system certificate of inspections.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 70 (4) Annual elevator certification of inspection. (5) Annual fire extinguisher inspection paperwork. (6) Six-month steam cleaning paperwork for hood suppression system. (7) Two-year boiler inspection paperwork. (8) Three - or five-year electrical inspection paperwork. (9) Current respondent information. (10) Monthly fire extinguishers visual check. (11) Monthly exit lights test. (12) Monthly emergency lighting test. (13) Monthly generator run. (14) Self-closing fire door and exit hardware. (15) Fire drills. Secs. 46-13—46-40. Reserved. ARTICLE II. FIRE DEPARTMENT DIVISION 1. GENERALLY Sec. 46-41. Created; purpose. There is hereby created a city fire department, which shall protect and prevent against the hazard of fire. Robbins Hose Company No. 1, Inc., is hereby recognized and designated as the fire company of the city in accordance with the city Charter and this Code. Sec. 46-42. Control; board of directors. The fire chief and president of the fire department will be the liaisons from the fire department to the City of Dover. Any rules and regulations will be negotiated between the fire department and the City of Dover and approved by the fire department membership and city council. Sec. 46-43. Semiannual inspections.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 71 In the months of April and October of each year, the city manager shall inspect the fire department with the fire chief and president, make inquiries as to the standing and efficiency of the fire companies, investigate the capabilities of the officers of the fire department and the operators of fire department apparatus, and make a report to the city council, in writing, stating the results of their inspection and investigation and making those recommendations which they may deem proper. Sec. 46-44. Interference with discharge of duty. It shall be unlawful for any unauthorized person to break through the established fire barriers at a fire, to refuse to move from within the fire barriers, or to, in any manner, interfere with or hinder any member of the fire department in the discharge of their duties. Sec. 46-45. Reserved. Sec. 46-46. Appeal of suspension. Upon suspension from the fire department, the suspended member, officer, or fire company shall have the right to appeal to the city council, which, upon giving notice and an opportunity to be heard to those persons concerned, shall confirm the suspension or reinstate the member, officer or fire company. Secs. 46-47—46-70. Reserved. DIVISION 2. OFFICERS Sec. 46-71. Generally. The officers of the fire department, from highest rank to lowest rank, shall respectively be fire chief, deputy fire chief, four assistant fire chiefs, and two fire captains. Sec. 46-72. Annual appointment by council. The fire chief, the deputy fire chief, the assistant fire chiefs, and the fire captains shall be appointed at the first regular city council meeting in December by the city council. The appointments shall be made from the duly elected nominees of each fire company as provided in section 46-77. If, however, the city council deems the nominees or any one of them unsatisfactory, it may refuse to appoint those nominees and instead may order a special election in accordance with the provisions of this article to choose another nominee or slate of nominees. Sec. 46-73. Qualifications. (a) Nomination. No person shall be considered a candidate for nominee election as fire chief, deputy fire chief, fire captain, or assistant fire chief unless they shall have been regularly nominated for that office and their name shall appear upon the official ballot for that office at the nominee election.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 72 (b) Prerequisites; exception. The fire chief, deputy fire chief, assistant fire chiefs, and fire captains shall follow the Constitution and by-laws of the Robbins Hose Company. Sec. 46-74. Terms. (a) Calendar year. The fire department officers shall serve from the Tuesday after the first city council meeting in December until the following Tuesday after the first city council meeting in December, except that an appointee to fill a vacancy shall assume the post upon qualification. (b) End of service. If a successor has not been elected and qualified for office at the expiration of an officer's term, then the incumbent shall serve until their successor is duly elected and qualified. Sec. 46-75. Date of election of nominees. The election of nominees for fire department officers shall be held each year on the third Monday in November. Sec. 46-76. Notice of election of nominees. The fire department secretary shall notify the various fire companies of the election of nominees for fire department officers at least one week before the nominee election is to be held, stating the time and place of the election. A copy of the notice shall at once be placed on the bulletin boards of the respective firehouses by the secretaries of the fire companies. Sec. 46-77. Election and voting regulations for nominees. Each fire company shall conform to the following regulations for the conduct of nominee elections for fire department officers: (1) Membership list. At least one week before the nominee election, the fire department secretary and fire recorder shall post a list of its active members in good standing. These lists shall be certified by the president and secretary of each fire company, shall be under seal, and shall be used by the judges of the nominee election to determine qualified voters. (2) Where and how election held. The nominee election shall take place at a firehouse designated by the fire department president and shall be conducted by three judges appointed by the fire department president for that purpose. (3) Eligible voters. The nominee election judges shall not permit anyone to vote whose name is not on one of the lists mentioned in subsection (1) of this section. If a member's name appears on the lists, but it is proven to the satisfaction of the judges that they do not meet the requirements of active membership, then that person shall

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 73 cast a challenged ballot. The term "active membership," for the purposes of this section, shall mean a member who has responded to at least 125 of the alarms, by way of attendance, during the year immediately preceding the certification of the voting list and is in the category of active and life membership within the fire department. This requirement is waived for any member who was on active duty in the military service during any portion of that year and who is otherwise in good standing with their individual fire company. (4) Secret ballot. The nominee election shall be by secret ballot and each voter shall have only one vote for each of the open nominee positions. (5) When polls open. Polls shall open at 7:00 p.m. and shall close at 8:00 p.m. (6) Absentee voting. Follows the Constitution and by-laws of the Robbins Hose Company. Sec. 46-78. Certification of results of nominee election. Immediately after the close of the nominee election polls, the election judges shall tally and certify the results of the nominee election. The ballot box, together with the ballots, judges' certification, and tally sheet, shall be sealed and delivered within 24 hours, to the city clerk. The city clerk shall submit the results of the election, together with the accompanying materials, to the city council at its next regular meeting following the election. Sec. 46-79. Special nominee elections. If the city council shall order a special nominee election, to be held as provided in section 46-72, in order to replace a person the city council refused to appoint, that special nominee election shall be held at the time fixed by the fire department president and in the same manner as the regular nominee elections are held. At the special election, the person whom the city council refused to appoint shall not be voted for and any ballot cast for them shall not be counted. Sec. 46-80. No contestants. If there are no contestants available for any one of the fire department offices and this fact is certified by the president and secretary of each of the fire companies, then the city council shall appoint those officers without holding the nominee election. Sec. 46-81. Election to fill vacancy. Whenever the office of fire chief, deputy fire chief, fire captain, or assistant fire chief shall become vacant through the resignation, death, absence, or disability of any person holding that office, the vacancy shall be filled by an election held by the qualified fire company members affected by the loss of command. The election shall be held in the same manner and form as other elections of the fire department, in accordance with the provisions of this division.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 74 Sec. 46-82. Powers and duties of fire chief. The fire chief shall: (1) Control at fires. Have full control of the fire department at all fires. (2) Assignment of duties. Assign to each fire company their respective duties, when necessary. (3) Implement rules. Implement those rules for the regulation and management of the fire companies at fires, and for going to and returning from fires. (4) Attend fires. (5) Summon police. Have the authority to summon the police to maintain order and protect property during the continuance of fires. (6) Barriers. Cause barriers to be placed across the streets and sidewalks to prevent accidents and interference with the workings of the fire department and to admit no one within the enclosed limits, except equipped firefighters, the police, and in their discretion, those persons immediately interested in the property. (7) Demolish buildings. Have the power, when it is, in their opinion, absolutely necessary to stop the spread of a conflagration, to cause to be pulled down or blown up those buildings that shall be required to be removed. (8) Enter private property. Have the power to cause those members of the fire department that they shall deem proper, with the apparatus that shall be necessary, to enter upon any private property for the purpose of extinguishing a fire. They may cause those fences or other obstructions to be removed that they may deem necessary. Sec. 46-83. Submission of annual report to city council. The fire chief and president shall present the city council with a report at its annual meeting, which shall state the fire suppression and administrative activities of the department. Sec. 46-84. Powers and duties of deputy fire chief, assistant chiefs, and fire captains. (a) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, a fire captain, who shall be predetermined by the fire chief, shall assume the powers and duties and be obeyed accordingly. (b) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, the fire captain shall then assume the powers and duties and be obeyed accordingly. (c) It shall be the duty of the deputy fire chief, the assistant fire chiefs, and the fire captain to be present at all fires and to assist the fire chief in the discharge of the duties of their office.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 75 Sec. 46-85. Reserved. Secs. 46-86—46-120. Reserved. ARTICLE III. FIRE CODES Sec. 46-121. Adopted. (a) International Fire Code adopted. A certain document, three copies of which are on file in the Licensing and Permitting Office of the city, being marked and designated as "International Fire Code, 2009 Edition," as published by the International Code Council, be and is hereby adopted as the Fire Prevention Code of the City of Dover in the State of Delaware; for the control of buildings, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Code, are hereby referred to, adopted and made part hereof as if fully set out in this section, with additions, insertions, deletions and changes as follows: Section 101.1 Insert "City of Dover", in place of [NAME OF JURISDICTION]. Delete in their entirety: Sections 105.6 Required operational permits, through 105.7.12 Temporary membrane structures, tents, and canopies. (b) National Fire Codes adopted. There is hereby adopted the most recently published edition of the National Fire Prevention Association's (NFPA) National Fire Codes (excluding NFPA Codes 11C, 13E, 402M, -41s, 422, 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999, 5000), three copies of which are on file in the office of the fire marshal. (c) The more restrictive provisions of the International Fire Codes as set forth in subsection (a) above or the National Fire Codes as set forth in subsection (b) above shall apply whenever they may be in conflict. (d) It shall be unlawful for any person to violate any of the provisions of the publications adopted in subsection (a) or (b). Sec. 46-122. Definitions. (a) Whenever the term "municipality" or "city" is used in the publications adopted by this article, it shall be construed to mean the city. (b) Whenever the term "corporation counsel" or "city attorney" is used in the publications adopted by this article, it shall be construed to mean the city solicitor. (c) Whenever, in the publications adopted by reference in this article, a term is used which is also defined in appendix B to this Code pertaining to zoning, such term shall have the meaning provided in such appendix B. Sec. 46-123. Conflicting provisions. In the event of any conflict between the provisions of the publications adopted by this article and applicable provisions of state law, this Code or any other ordinance, rule or

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 76 regulation, the provisions of state law, this Code, or such other ordinance, rule or regulation shall prevail and be controlling. Sec. 46-124. Fire marshal. (a) Selection. There shall be a fire marshal, who shall be selected by the city council at its annual meeting. (b) Fire prevention. The fire marshal or his/her authorized agent shall enforce this article and any other fire prevention provisions of this Code and any other fire prevention regulations applicable to the city. (c) Investigation of fires. The fire marshal or his/her deputies shall be responsible for the investigation of the origins and causes of fires and explosions within the corporate limits of the city, which involve the loss of life or injury or cause destruction or damage to property. Such investigation shall be initiated immediately upon the occurrence of such fire or explosion. Upon request of the fire marshal, the city police shall be authorized to assist the fire marshal in the performance of his/her duties. When any fire or explosion is found to be suspicious or criminal in nature or causes serious injury or death, the fire marshal or his/her deputies shall contact the city police and, per the agreement of the fire marshal and chief of police, conduct a joint investigation into the origin and cause of the fire or explosion. (d) Hazardous conditions. When, in the opinion of the fire marshal or code official, a fire or life safety hazard is of imminent danger to occupants of a building, structure, or outdoor event, the fire marshal or code official may order the unsafe condition removed, said building or structure evacuated or outdoor event terminated. (e) Right of entry. The fire marshal or his/her designee is authorized at all reasonable times to enter and examine any building, marine vessel, vehicle, or premises for the purposes of making fire safety inspections. Before entering a private building or dwelling, the fire marshal or his/her designee shall obtain the consent of the occupant thereof or obtain a search warrant authorizing his/her entry for the purpose of inspection, except in those instances where an emergency exists. As used in this section, "emergency" means circumstances which the fire marshal or his/her designee knows or has reason to believe exist, and which reasonably may constitute immediate and grave danger to life or property. (f) Implied consent. Application for, or acceptance of, any license or permit requested or issued pursuant to City Code constitutes agreement and consent by the person making the application or accepting the license or permit to allow the fire marshal or his/her designee to enter the premises at any reasonable time to conduct such inspections as required by this code or deemed necessary by the fire marshal or his/her designee to determine compliance with the requirements for such license or permit. (g) [Placard—Health hazard and unsafe to enter.] The fire marshal or code official may placard any building damaged by fire or explosion as being a health hazard and unsafe to enter. No one shall enter any building having been placarded by the fire marshal or code official as being a health hazard and unsafe without first contacting the fire marshal.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 77 (h) [Unlawful to enter.] It shall be unlawful to enter any premise, structure, building, or vehicle which has been damaged by fire or explosion for the purpose of removing, altering, or tampering with any part of the structure, appliance, or object identified and tagged by the fire marshal as being a possible ignition source or cause of the fire or explosion, without approval of the fire marshal, until the conclusion of the investigation. Sec. 46-125. Appeal; hearing. Appeal; hearing. Whenever any person is aggrieved by a decision of the fire marshal with respect to the provisions of this chapter, it is the right of that person to appeal to the construction and property maintenance code board of appeals, as provided for in Chapter 22— Buildings and Building Regulations, Article I—In General, Section 22-1—Construction and property maintenance code board of appeals. Such appeal must be filed, in writing, within 30 days after the determination by the fire marshal. Upon receipt of such appeal, the construction and property maintenance code board of appeals shall set a time and place, in not less than ten or more than 30 days, for the purpose of hearing the appeal. Notice of the time and place of the hearing of the appeal shall be given to all parties, at which time they may appear and be heard. The determination by the construction and property maintenance code board of appeals shall be final in all cases. Sec. 46-126. Fire prevention permit. (a) Required. It shall be unlawful to construct, enlarge, alter or demolish a fire protection system without obtaining a fire prevention permit. (b) Fee. Each applicant for a fire prevention permit, including, but not limited to, sprinkler systems, fire alarms, hood suppression units, and tank installation, shall pay unto the city a permit fee as provided for in Appendix F—Fees and Fines, before such permit shall be issued. (c) Reinspections. There will be no charge for the first reinspection of a permit. The applicant shall pay a fee for subsequent reinspections as provided for in Appendix F— Fees and Fines. (d) Fire signaling system inspection fee. For each inspection of a fire alarm signaling system located within the jurisdiction of the city and conducted by a licensed company pursuant to Delaware State Fire Prevention Regulations, the licensed company shall submit a copy of the certificate of inspection for each fire alarm system to the city Fire Marshal's Office, along with a nonrefundable fee, as provided for in Appendix F—Fees and Fines. (e) Fire suppression system inspection fee. For each inspection of a fire suppression system located within the jurisdiction of the city and conducted by a licensed company pursuant to Delaware State Fire Prevention Regulations, the licensed company shall submit a copy of the certificate of inspection for each sprinkler riser to the city Fire Marshal's Office, along with a nonrefundable fee, as provided for in Appendix F—Fees and Fines. (f) Doubling of fees. Fees established in subsection (b) shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 78 applicant is not a professional contractor, and the work is not being done by a professional contractor. Sec. 46-127. Smoke detection devices. (a) Installation required. (1) New dwellings. All new structures and new dwellings shall be equipped with smoke detectors and fire protection equipment as required by the provisions of the International Building Code. (2) Existing dwellings. All existing single-family dwellings, multifamily dwellings, and dwelling units, whether such dwellings are owner-occupied or tenant-occupied, shall be equipped with automatic smoke detection devices, which shall be approved smoke detectors of the photoelectric or ionization type or battery-powered Underwriters' Laboratories, Inc., or Factory Mutual approved type, as required by subsection (b)(1) of this section. Such smoke detectors shall be installed in the number, location, and manner required by this section and the rules and regulations of the fire marshal and, when actuated, each such smoke detector shall provide an alarm suitable to warn the occupants within the dwelling. It shall be the responsibility of the seller or lessor of such existing dwellings to make such installations. (3) Unlawful acts. In addition to and not in lieu of any other provisions of this section and this Code, it shall be unlawful for any person responsible for the installation of a smoke detector to fail to so install it. It shall be unlawful for any person to tamper with, damage, or render inoperative, such as, but not exclusively, by disconnecting electrical wiring or by removing the batteries, from any smoke detector. (b) Types. (1) Generally. Smoke detection devices shall be of the photoelectric or ionization type and shall be electric, 110-volt AC, or battery-powered smoke detectors, Underwriters' Laboratories, Inc., or Factory Mutual approved. (2) Electric. Electric units shall be direct wired on a separate circuit on the line side of service equipment, and immediately fused with the proper size fuse. Detector wiring shall be a minimum of 14-gauge wire. All wiring shall comply with the National Electrical Code and shall be performed by registered, licensed electricians or inspected by the appropriate authority. (3) Battery powered. Battery-powered units shall be permitted only in existing structures. Where battery-powered units are permitted, the battery shall be of the type approved for the detector and shall provide a minimum of 12 months' service. Battery-powered units shall be equipped with an audible-sounding device to alert occupants of the need for battery replacements. In rental dwelling units where battery-powered devices are permitted, after installation of the detection devices at the landlord's expense, in accordance with subsection (a) of this section, it shall be the tenant's responsibility, unless otherwise provided in the tenant's lease agreements, to: a. Make periodic inspections of the unit to determine that it is in proper working order;

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 79 b. Notify the landlord of any malfunction of said detection device, which the landlord shall then repair or replace at his own expense; c. Replace the batteries, when necessary, during the entire term of the rental agreement. (c) Audible signal. Smoke detection devices shall be equipped with an audible-sounding device that provides a steady signal with a minimum decibel rating of 85 decibels. (d) Number required. (1) Generally. The major threat from fire in a family living unit is at night when everyone is asleep. The principal threat to persons in sleeping areas comes from fires in the remainder of the unit; therefore, smoke detectors shall be located between the bedroom areas and the rest of the unit. In units with only one bedroom area on one floor, the smoke detector shall be located as shown in figure B-2.1.1 of the appendix of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of Household Fire Warning Equipment. (2) Multiple detectors. In family living units with more than one bedroom area or with bedrooms on more than one floor, more than one smoke detector will be required as shown in figure B-2.1.2 of the appendix of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of Household Fire Warning Equipment. (3) Each story of living unit. In addition to smoke detectors outside of the sleeping areas, this subsection requires the installation of a smoke detector on each additional story of the family living unit, including the basement. These installations are shown in figure B-2.1.3 of the appendix of the NFPA 74-1984 Standard For the Installation, Maintenance, and Use of Household Fire Warning Equipment. The living area smoke detector shall be installed in the living room and/or near the stairway to the upper level. The basement smoke detector shall be installed in close proximity to the stairway leading to the floor above. If installed on an open-joist ceiling, the detector shall be positioned relative to the stairway so as to intercept smoke coming from a fire in the basement before the smoke enters the stairway. (e) Jurisdictional authority. The fire marshal shall have jurisdiction for purposes of enforcing compliance with this section. (f) Supervision of enforcement. (1) Registration of contractors. All general contractors, subcontractors, and their agents who install electric 110-volt, AC-powered smoke detection devices shall be registered with the office of the city fire marshal in order to sell, distribute, furnish, or install smoke detection equipment within the city. (2) Certification of device. It shall be the responsibility of the contractor, installer, or seller of an electric 110-volt, AC-powered smoke detector to certify, in writing, to the fire marshal that the device is in compliance with this section. (3) Exception. This subsection (f) shall not apply to persons who perform the actual installation of smoke detectors in dwelling units they own; however, such

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 80 installations shall still require any applicable inspections required by the building code. (g) Violations; penalties. Any violation of the provisions of this section shall render the owner or operator, or agent of the owner or operator of the building, or the tenant of rental property if the rental agreement so provides in accordance with subsection (b), and/or the general contractor, subcontractors, or their agents, liable for suspension or revocation of any existing license to do business in the city, or a fine as provided for in Appendix F—Fees and Fines, or both such penalties. Copies of this section shall be made available to the public by the building inspector. (h) Secured key systems. (1) When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. (2) Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department's access to the box. (3) Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm, and sprinkler controls, and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. (4) Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. (5) Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. Sec. 46-128. Marking rated walls. (a) Fire walls, fire barriers, shaft enclosures, fire partitions, and smoke barriers shall be labeled with their rating. Markings shall be red in color, located on both sides of the separation wall, a minimum of four inches in height, and no more than 15 feet apart for the length of the wall. Markings shall be visible when ceiling tiles are removed for inspection. (b) Ratings are to be marked as follows:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 81 One hour separation 1HR Two-hour separation 2HR Three-hour separation 3HR Four-hour separation 4HR Smoke Barriers SB Secs. 46-129—46-160. Reserved. ARTICLE IV. PUBLIC OCCUPANCIES Sec. 46-161. Compliance required. No person shall use or permit to be used any public occupancy structure which does not comply with the most currently published edition of NFPA Life Safety Code 101. Public Occupancies shall include but not be limited to: (a) Assembly occupancy (facilities used for gathering of 50 or more people to include, but not be limited to auditoriums, assembly halls, auditoriums, bowling lanes, club rooms, college and university classrooms with 50 or more persons, conference rooms, courtrooms, dance halls, drinking establishments, exhibition halls, gymnasiums, libraries, mortuary chapels, motion picture theaters, museums, passenger stations and terminals of air, surface, underground, and marine public transportation facilities, places of religious worship, pool rooms, recreational piers, restaurants, skating rinks, special amusement buildings, theaters); (b) Educational occupancy (academies, kindergartens, schools); (c) Daycare occupancy (adult, child, homes, nursery, center); (d) Health care occupancy (hospitals, limited care facilities, nursing homes); (e) Ambulatory health care occupancy (facilities used to provide services or treatment simultaneously to four or more patients that provides, on an outpatient basis, one or more of the following: (1) Treatment for patients that renders the patient incapable of taking action for self-preservation under emergency conditions without the assistance of others; (2) Anesthesia that renders the patients incapable of taking action for self- preservation under emergency conditions without the assistance of others; (3) Treatment for patients who, due to the nature of their injury or illness, are incapable of taking action for self-preservation under emergency conditions without the assistance of others. (f) Residential occupancy (lodging or rooming houses, hotel, dormitory, apartment buildings, bed and breakfast inns, short-term rentals);

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 82 (g) Residential board and care occupancy (group housing, facilities for social rehabilitation, alcoholism, drug abuse or mental health; assisted living); (h) Mercantile occupancy over 10,000 square feet (auction rooms, department stores, drugstores, restaurants with fewer than 50, shopping centers, supermarkets); (i) Business occupancy over 10,000 square feet (city halls, college and universities instructional buildings, classrooms under 50 persons and laboratories, courthouses, dentist's office, doctor's office, general office, outpatient clinics (ambulatory), town halls); (j) Industrial occupancy (dry-cleaning plant, factories of all kinds, food processing plants, gas plants, hangars, laundries, power plants, pumping stations, refineries, sawmills, telephone exchanges); (k) Storage occupancy over 10,000 square feet (barns, bulk oil storage, cold storage, freight terminals, grain elevators, hangars, parking structures, truck and marine terminals, warehouses); (l) Assembly occupancy - special provisions 1 (to include, but not be limited to, outdoor facilities which are not part of the normal everyday operation of the building/land use and are subject to a City of Dover current special event permit); (m) Assembly occupancy - special provisions 2 (to include, but not be limited to, special amusement buildings, carnivals, circus, fireworks, pyrotechnic displays, outdoor music concerts/festivals, and special events). Sec. 46-162. Sprinkler requirements. (a) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: (1) All new indoor places of assembly with an occupant load of 150 persons or greater. (2) Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. (3) Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. (b) Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: (1) All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. (2) Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 83 (3) Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. (c) New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (d) Three feet of unobstructed clear width shall be designed, designated, and maintained around sprinkler risers for access by firefighters and for maintenance. The three feet shall be measured from the outermost components of the sprinkler riser and all related support equipment. (e) Fire department connections. Unless otherwise approved by the fire marshal, fire department connections shall be on the street side of the building and shall be located and arranged so that hose lines can be readily and conveniently attached without interference from any nearby obstructions as defined by the Fire Marshal's Office. Fire department connections shall be a five-inch Storz. Fire department connections shall be within 300 feet of an approved City of Dover Fire Hydrant and within 50 feet of the main entrance of the structure it serves. All fire department connections shall be not less than three feet nor more than five feet in height above finished grade. The fire marshal shall have the authority to require more stringent requirements when deemed necessary. Sec. 46-163. Permit required. It shall be unlawful for any person to operate any public occupancy listed in section 46- 164 of Appendix F—Fees and Fines without first obtaining a permit from the licensing division of the Department of Planning and Inspections in order to determine compliance with the provisions of this article. A person desiring the permit shall pay unto the city a fee as provided for in Appendix F—Fees and Fines. Sec. 46-164. Fees. A person desiring the permit required by the provisions of this article shall pay the appropriate permit fee as provided for in Appendix F—Fees and Fines. Sec. 46-165. Permit expiration. A permit issued pursuant to this article shall expire on March 31 each year. Sec. 46-166. Permit display. The owner or operator of a public occupancy structure shall display the permit granted pursuant to this article in a prominent position near the main entrance of the building at all times. Sec. 46-167. Inspections. The fire marshal shall inspect every public occupancy structure according to the procedures set forth in this chapter to ensure compliance with the applicable provisions of this chapter and all other ordinances.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 84 Sec. 46-168. Reinspection fee. (a) Amount. There is hereby created a reinspection fee as provided for in Appendix F—Fees and Fines that shall be charged for any repeated violation cited by the fire marshal, determined to be a violation and which requires a follow-up inspection to confirm the correction of the violation. (b) Fee attached. A fee may be attached to any summons written for any violation found to still be uncorrected upon re-inspection. Sec. 46-169. Permit suspension. (a) Noncomplying structures. The fire marshal shall suspend the permit issued pursuant to this article when he determines that any public occupancy structure or the premises surrounding such public occupancy structure fails to meet the applicable requirements of this chapter or any rule or regulation issued pursuant hereto. Such suspension shall last until the violations have been corrected to the satisfaction of the fire marshal, or the suspension shall have been reversed on appeal. (b) Nuisance. The city licensing officer shall suspend the permit issued pursuant to this article when it is determined that a public occupancy structure, the use of any public occupancy structure, or the premises surrounding such public occupancy structure is so inimical to the public health, safety and welfare as to constitute a nuisance and thus gives rise to an emergency. Such suspension shall last until the violations have been corrected to the satisfaction of the licensing officer, or the suspension shall have been reversed on appeal. (c) Notice. Upon suspending any permit under this section, the fire marshal or city licensing officer shall notify the permittee and, if possible, remove the written permit from the premises. He shall also notify the licensing division of the Department of Planning and Inspections of the suspension. Sec. 46-170. Appeals. (a) Right generally. Any owner or operator of any public occupancy structure whose permit to operate the structure is suspended by the fire marshal or city licensing officer pursuant to this article shall have the right to appeal and notice as provided in this chapter. (b) Notice; effect. Upon suspension of a permit ordered by the fire marshal or city licensing officer pursuant to section 46-169 and upon the permittee serving the city clerk with a notice of appeal pursuant to section 46-125, the permit suspension shall be stayed and the permit shall remain in abeyance until the appeal is decided by the council. Sec. 46-171. Fire alarm in place of assembly. (a) Definition. For the purpose of this article, the requirements set forth in section A.4.1.2 of the most currently published edition of the NFPA Life Safety Code shall be used to determine if an occupancy is a place of assembly. (b) Occupant load. For the purpose of this article, the requirements set forth in the most currently adopted edition of the NFPA Life Safety Code shall be used to determine the occupant load of a place of assembly.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 85 (c) Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal, and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. (d) Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load of 75 persons or greater, or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. (e) Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A- weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. Secs. 46-172—46-200. Reserved. ARTICLE V. FIRE LANES Sec. 46-201. Generally. (a) New construction marking. Fire lanes for new construction shall be marked in accordance with chapter V, part V of the most currently adopted state fire prevention regulations. (b) New construction plot plan. For new construction, a plot plan, showing signs, curb markings, and roadway markings, shall be submitted and approved by the fire marshal prior to issuing a construction permit. (c) Existing building markings. Fire lanes for existing buildings shall be marked in accordance with chapter V, part V of the most currently adopted state fire prevention regulations. (d) Existing building plot plans. For existing buildings, a plot plan, showing signs, curb markings, and roadway markings, shall be submitted and approved by the fire marshal prior to the marking of the fire lanes. (e) Retroactive. The fire lane regulations set forth in this section shall be retroactive to existing buildings. Sec. 46-202. Violations. (a) Vehicles parked. It shall be a violation of this article for any vehicle to be found disabled or parked in a fire lane. Anyone found to be in violation of [this sub] section shall be issued a summons pursuant to Chapter 106 Traffic and Vehicles; Article I, In General; section 106-7, Obedience to state law.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 86 (b) Summons placed upon vehicle. Any vehicle which has had a summons placed upon it and is found to still be parked in the fire lane for one hour or more from the time the summons was placed upon the vehicle may be towed, at the owner's expense. (c) Other obstructions. It shall be a violation of this article to obstruct any fire lane with any item, such as, but not limited to, dumpsters, trash cans, construction debris, construction equipment, sidewalk sales, merchandise, carnivals and circuses, public gatherings, or any other items or activities that, once placed in the fire lane, would limit access for fire equipment or any other emergency vehicle in time of a fire or other emergency. Any property owner or tenant found to be in violation of [this sub] section shall be issued a summons as provided for in Appendix F—Fees and Fines. (d) Failure to mark. Property owners of existing buildings who do not have their fire lanes marked within 45 days of being notified by the fire marshal, shall be in violation of this article. Any property owner found to be in violation of [this sub] section 46-202(d) shall be issued a summons as provided for in Appendix F—Fees and Fines. Sec. 46-203. Reserved. Sec. 46-204. Enforcement. (a) Removal of vehicle or obstruction. Any city police personnel, code enforcement officer, or fire marshal shall have the authority to tow, at the owner's expense, any vehicle found in violation of this article or to have removed, by whatever means is necessary, any obstruction of a fire lane, at the owner's expense. (b) Summonses. Any city police personnel, code enforcement officer, or fire marshal shall have the authority to issue summonses for violations of this article. Sec. 46-205. Responsibility of owner or tenant. (a) Legibility. It shall be the responsibility of the property owner to maintain the legibility of the marked fire lane surfaces and signs. (b) Visibility. Fire lane signs or road surface markings shall be replaced or remarked, as necessary, to ensure adequate visibility. (c) Obstructions. It shall be the responsibility of the owner or tenant to keep the fire lane free of obstructions. (d) Closing. Contact shall be made with the fire marshal prior to any construction or maintenance work that would cause a portion of a fire lane to be closed or obstructed. (e) Sign maintenance. All fire lane signs posted on the building or mounted on posts or poles shall be readily visible. (f) Any property owner found to be in violation of this section shall be issued a summons as provided for in Appendix F—Fees and Fines. ADOPTED: June 24, 2024

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 87 FINAL READING PROPOSED ORDINANCE #2024-17 – AMENDING CHAPTER 90 – SOLID WASTE, SEC. 90-16. – VIOLATIONS; PENALTIES (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-17 – Amending Chapter 90 – Solid Waste, Sec. 90-16. – Violations; Penalties. By motion of Mr. Neil, seconded by Dr. Pillsbury, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-17 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 90 – Solid Waste, Section 90-16 – Violations; penalties; as follows: Sec. 90-16. Violations; penalties. Any person convicted of violating any provision of this chapter shall be fined in an amount as provided for in Appendix F – Fees and Fines, and if the violation amounts to an unlawful deposit of rubbish, refuse, or other offensive matter in the corporate limits of the city, he shall be directed to remove the same, and in the event of his failure to do so, the offensive matter shall be removed by the city at the expense of the violator. ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-18 – AMENDING CHAPTER 114 – VEGETATION, ARTICLE II – WEEDS SEC. 114-34. - FINES (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-18 – Amending Chapter 114 – Vegetation, Article II – Weeds Sec. 114-34. – Fines. By motion of Ms. Arndt, seconded by Dr. Pillsbury, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-18 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 88 That Chapter 114 – Vegetation, Article II – Weeds, Section 114-34. – Fines, as follows: Sec. 114-34. Fines. (a) Generally. Any person convicted of a violation of Section 114-34, regardless of corrective actions taken, shall be punished for that violation by a fine as provided for in Appendix F – Fees and Fines. Any such fine shall be in addition to any charges or assessments imposed upon the violator pursuant to Section 114-33(c). All fines imposed shall in accordance with the minimum fine schedule set out in subsection (c) herein. (b) Each day. Every day that a violation of Section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without the necessity of further notice. (c) Minimums. (1) Any fine assessed pursuant to subsection (a) of this section shall be no less than the minimum amount as provided for in Appendix F – Fees and Fines. (2) In determining the applicable minimum fine, an offense shall be considered a recurring offense only if the defendant has previously pleaded or been found guilty or causing or permitting the same nuisance at the same location within the past 12 months, or for every day that the violation of Section 114-32 continues as per subsection (b) of this section. (d) Lien. Any fines imposed pursuant to subsection (a) of this section which remain unpaid shall: (1) Be added to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process, and (2) Be placed by the city as specified in the municipal lien docket as a lien against the property on which the violation occurred, and the procedures for enforcement or collection of said lien shall be as set out in Section 114-33(d). (e) Fine exemption. Any fine pursuant to subsection (a) of this section can be exempted if the person convicted of a violation of Section 114-32 is hospitalized or otherwise has a serious medical condition during the time of the conviction that would prohibit the grass from being cut. (1) In order to be considered for the exemption, documentation in the form of a doctor’s note or documentation from an authorized or certified medical

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 89 provider, shall be submitted to the code enforcement office within 14 days of the receipt of the citation. (2) The code enforcement officer, fire marshal, or their authorized agents shall review the documentation per subsection (1) above and either grant or deny the fine exemption in writing. A denial letter must include the reasons for the denial. (3) Should the fine exemption be denied, then the person convicted of the violation has 30 days to appeal in writing to the city council through the city clerk’s office. The city clerk’s office shall put this item on the first available council agenda. ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-19 – AMENDING APPENDIX F – FEES AND FINES – GENERAL PENALTY; SEPARATE OFFENSES; UNPAID FINES (EDDIE KOPP, CHIEF CODE ENFORCEMENT OFFICER) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Boggerty absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Eddie Kopp, Chief Code Enforcement Officer, reviewed Proposed Ordinance #2024-19 – Amending Appendix F – Fees and Fines – General Penalty; Separate Offenses; Unpaid Fines. Responding to Dr. Sudler, Mr. Kopp stated that the ordinance removed the double language and spelled out the structure. The ordinances and Appendix F go together to define the structure of the breakdown. Mr. Kopp explained that it is defined in every ordinance that would be associated with planning and inspections, and how it is billed, so nothing is missed. He further explained that with any ordinance to where they would issue a citation, it is spelled out under that chapter. Responding to Dr. Sudler, Mr. Kopp stated that under Appendix F, Chapter 38-85, basic life support, ambulance services fund, residential accounts were $1.50 monthly, and commercial accounts were $6.50 monthly. That was the staff amendment that was added to the Appendix F ordinance. By motion of Ms. Arndt, seconded by Mr. Rocha, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-19 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix F – Fees and Fines, be amended to read as follows: Appendix F – Generally:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 90 1. Unless otherwise specified in the ordinance all fines are to be paid within 30 days from the date of issue. 2. Unpaid fines and fees as a debt. The amount of any unpaid fines and fees, the payment of which is required pursuant to this chapter, shall constitute a debt due the city. 3. Failure to pay fines and fees. In the event that the owner of record is deemed to be in violation of any code or ordinance adopted by the city, and if the charges assessed by the city for said deficiency are not paid. 4. The city, after having corrected the deficiency and violation, shall place its charges and expenses as specified in the municipal lien docket as a lien against said property, and add the charges and expenses as specified to the tax duplicate for the tax year said services were provided by the city and invoiced as part of the annual property tax bill for said property and collected as part of the city property tax collection process. 5. In addition to the methods directed herein, the city solicitor shall be directed to enforce said lien or to collect the charges imposed by the city by any other means that he may deem desirable and most advantageous to the city. 6. The property owner shall be responsible for all collection costs and expenses, including attorneys' fees. Subpart B. Related Laws SUBPART B -RELATED LAWS Fees and Fines Sec. 2. Licenses Subsec. (c) Fines—Operating a business without a license Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 CODE OF ORDINANCES Chapter 1. General Provisions Chapter 1. General Provisions Fees and Fines Sec. 1-17. General penalty; separate offenses; unpaid fines Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 91 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non-Compliance $1000.00 Chapter 10. Alcoholic Beverages Chapter 10. Alcoholic Beverages Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 10-1. Consumption or possession Subsec. (c) Underage persons $100.00 Chapter 18. Animals Chapter 18. Animals Fees and Fines Mandatory and non-suspendable fine of at least the minimum fine for each offense. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 18-3. Keeping swine; for each violation Not less than $25.00 or more than $100.00 Sec. 18-4. Running at-large; for each violation Not less than $25.00 or more than $100.00 Sec. 18-5. Dog licenses required; for each violation First offense—Not less than $50.00 or more than $500.00. Second and subsequent offenses occurring within 12 months of prior offense—not less than $100.00 and not more than

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 92 $500.00. The minimum fine for a subsequent offense shall not be subject to suspension. Conviction for the failure to pay the license fee is a violation. Sec. 18-6. Noisy animals or fowl Subsec. (b) Notice; abatement; fine Not less than $50.00 or more than $100.00 shall be subject to a fine until such nuisance is abated Sec. 18-7. Hitching to public trees; for each violation Not less than $10.00 or more than $100.00 Sec. 18-8. Excrement Subsec. (g) Violations; penalties Not less than $25.00 or more than $1,000.00 Sec. 18-9. Vicious dogs and animals—Generally Subsec. (f) Violations; penalties; for each violation $100.00 Sec. 18-12. Cruelty Subsec. (6) Violations; penalties; for each violation $100.00 Sec. 18-13. Public nuisances Subsec. (d) Violations; penalties; for each violation Not less than $25.00 or more than $100.00 Sec. 18-16. Keeping bees Subsec. (m) Violations; penalties, for each violation Not less than

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 93 $25.00 or more than $100.00 Chapter 22. Buildings and Building Regulations Chapter 22. Buildings and Building Regulations Fees and Fines Article III. Building Code Sec. 22-61. Adopted (International Building Code) Sec. 105.5.1. Expiration: Additional 180-day extensions $25.00 per 180- may be granted with payment of a renewal fee day extension Sec. 22-65. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Building permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs, $6.00 for each additional $1,000.00 of costs or multiple thereof up to $20,000,000.00, and $5.00 for each additional $1,000.00 of costs or multiple thereof above $20,000,000.00 Subsec. (a) Fence permits $25.00 for first $1,000.00 of

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 94 costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Sign permits $0.75 per square foot of sign area; minimum fee for each permit $50.00 Subsec. (a) Swimming pool permits $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiple thereof Subsec. (a) Demolition permits, any building which is $50.00; $0.00 if being demolished for the purpose of vacating the land for condemned future development or construction upon the same and required to be demolished by the city or any public entity Subsec. (a) Moving permits, each building $250.00 Subsec. (a) Construction plan reviews, nonresidential $20.00 per set (Not subject to doubling) of plans Subsec. (b) Reinspection’s (Not subject to doubling) First reinspection $0.00 Second reinspection $25.00 Third reinspection $50.00 Any subsequent reinspection $100.00 Subsec. (d) Fines $0.00 Initial Inspection or notification with non-compliance $0.00 Second Inspection or notification with non-compliance $100.00 Third Inspection or notification with non-compliance $200.00 Fourth Inspection or notification with non-compliance $300.00 Fifth Inspection or notification with non-compliance $500.00 Any subsequent Inspection or notification with non- $1000.00 compliance

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 95 Article IV. Electrical Installations Sec. 22-110. Violations Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non- $1000.00 Compliance Article V. Mechanical Code Sec. 22-145. Heating, air conditioning, and heat pump permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. Subsec. (a) Heating permit $40.00 first 10,000 BTUs and $7.00 each additional 10,000 BTUs or multiple thereof Subsec. (a) Air conditioning permit $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiple thereof Subsec. (a) Heat pump permit $40.00 first 10,000 BTUs and $7.00 for each additional 10,000 BTUs or multiple thereof or $40.00 per ton for the first five tons and $7.00 per ton over five tons or multiples thereof Subsec (c) Fines Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 96 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non- $1000.00 Compliance Article VI. Plumbing Code Sec. 22-185. Permit fees Fees shall double in the event that a permit is applied for after construction has commenced without the permission of the building inspector. The building inspector may waive the doubling of fees in cases where the building permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Subsec. (a) Enumerated Fixtures $35.00 first five fixtures and $3.00 for each additional fixture Garbage disposal and hot water heaters A minimum fee of $35.00 Gas, water, and sewer inspection underground $30.00 for first 150 feet and $0.75 for each additional ten feet or multiple thereof Subsec (c) Fines Initial Inspection or offense $0.00 Second Inspection or offense with Non-Compliance $100.00 Third Inspection or offense with Non-Compliance $200.00 Fourth Inspection or offense with Non-Compliance $300.00 Fifth Inspection or offense with Non-Compliance $500.00 Any subsequent Inspection or offense with Non- $1000.00 Compliance Article VII. Property Maintenance Code Sec. 22-225. Violations Subsec. (f) Life Safety Violations PM 304.18.1 Access doors $100.00 per offense PM 404.4.4 Prohibited occupancy $100.00 per offense PM 404.5 Overcrowding $100.00 per offense

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 97 PM 505.4 Water heating facilities $100.00 per offense PM 602.3 Heat supply $100.00 per offense PM 603.2 Removal of combustion products $100.00 per offense PM 701.2 Responsibility $100.00 per offense PM 702.3 Locked doors $100.00 per offense PM 704.2 Smoke Detector $150.00 per offense Subsec. (g) Failure to Schedule Initial notification $0.00 Failure to schedule reinspection first offense $100.00 Failure to schedule reinspection second offense $200.00 Failure to schedule reinspection third offense $300.00 Failure to schedule reinspection fourth offense $500.00 Any subsequent offense of failure to schedule $1000.00 reinspection Subsec. (h) Non-compliance Initial Inspection $0.00 Second inspection with non-compliance $100.00 Third inspection with non-compliance $200.00 Fourth inspection with non-compliance $300.00 Fifth inspection with non-compliance $500.00 Any subsequent inspection with non-compliance $1000.00 Article VIII. Leases Sec. 22-251. Unlawful leases Subsec. (g) Violations; penalties First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth offense $500.00 Each subsequent offense $1,000.00 Article IX. Lodging Houses Sec. 22-301. Generally Subsec. (b) Expiration; fee Annual permit fee $100.00 for the first ten rooms and $10.00 for each additional

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 98 room. Annual dormitory permit fee $100.00 for the first ten rooms and $10.00 for each room thereafter. Subsec. (c) Failure to pay on due date A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Article X. Rental Dwellings Sec. 22-332. Inspection required Subsec. (a) Failure to schedule inspection 1st offense $100.00 Subsec. (a) Failure to schedule inspection 2 offense nd $200.00 Subsec. (a) Failure to schedule inspection 3 offense rd $300.00 Subsec. (a) Failure to schedule inspection 4 offense th $500.00 Subsec. (a) Failure to schedule inspection 5 offense th $1000.00 and each subsequent offense Subsec. (b) No show of owner or property manager 1st $100.00 offense Subsec. (b) No show of owner or property manager 2nd $200.00 offense Subsec. (b) No show of owner or property manager 3rd $300.00 offense Subsec. (b) No show of owner or property manager 4th $500.00 offense Subsec. (b) No show of owner or property manager 5th $1000.00 offense and each subsequent offense If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Sec. 22-351. Generally Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling, each dwelling $200.00 Single-family attached dwelling, each dwelling $200.00 Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three or less dwelling $200.00 units

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 99 Multiple dwellings consisting of four or more dwelling units: For the first three dwelling units $200.00 For each additional dwelling unit in excess of three $50.00 Condominium units and accessory apartments $75.00 located within structures principally used for owner occupancy, each Subsec. (c) Late payment penalty A penalty fee in the amount of ten percent per month of the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 Subsec. (g) Failure to register and obtain Rental Dwelling Permit Initial notification $0.00 Second notification $100.00 Third notification $200.00 Fourth notification $300.00 Fifth notification $500.00 Any subsequent notification $1000.00 Sec. 22-360. Enforcement, Fees and Penalties, Reporting Subsec. (a) Short-term rental license $200.00 annually, prorated for partial year Subsec. (b) Failure to register and obtain a permit Initial notification $0.00 Second notification $100.00 Third notification $200.00 Fourth notification $300.00 Fifth notification $500.00 Any subsequent notification $1000.00 Subsec. (c) Penalties for violations First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth offense $500.00 Any subsequent offense $1000.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 100 First offense $100.00 Article XI. Dangerous Buildings Sec. 22-386. Violations; penalties for disregarding notices or orders Subsec. (a) Violations by owner, each offense Initial inspection $0.00 Second inspection with non-compliance $100.00 Third inspection with non-compliance $200.00 Fourth inspection with non-compliance $300.00 Fifth inspection with non-compliance $500.00 Any subsequent inspection with non-compliance $1000.00 Subsec. (b) Violations by occupant or lessee, each $100.00 offense, minimum First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth offense $500.00 Any subsequent offense $1000.00 Subsec. (c) Removal of notice, each offense, minimum $100.00 First offense $100.00 Second offense $200.00 Third offense $300.00 Fourth offense $500.00 Any subsequent offense $1000.00 Article XII. Vacant Buildings Sec. 22-403. Registration and registration fees Subsec. (a)(2)b.(ii). Registration fee Residential buildings and non-residential buildings <10,000 SF: Buildings vacant one year or less $375.00 Buildings vacant for more than one year but less than $750.00 two years Buildings vacant for more than two years but less $1,500.00 than three years Buildings vacant for more than three years but less $3,000.00 than five years Buildings vacant for five years or longer $5,000.00 Chapter 26. Businesses Chapter 26. Businesses Fees and Fines Article II. Licenses

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 101 Sec. 26-35. License required; fees Subsec. (d)(1) Businesses licensed Advertising agency $95.00 Amusement operator $157.00 Architect $250.00 Attorney-at-law $313.00 ATM machines (third-party or off bank premises) $50.50 Auctioneer $157.00 Automobile race operator $375.00 Bank, or loan and trust company $313.00 Barber $63.00 each additional chair over two $4.00 Beautician $63.00 each additional chair over two $4.00 Broadcasting station $313.00 Broker $157.00 Car wash $188.00 Certified public accountant $250.00 Cesspool cleaner $125.00 Chiropractor $313.00 Clinical social worker $96.00 Coin-operated amusement machine owner, per $3.00 machine Coin-operated vending machine owner, per machine $3.00 Coin-operated electronic video machine, per machine $125.00 Commercial sign business $125.00 Computer-related services $125.00 Consultant $50.50 Day care operator: Center or home provider with greater than six children $50.50 Dentist $313.00 Distributor $63.00 Dray person or mover $125.00 Eating establishment and/or eating establishment $125.00 operator Employment agency $125.00 Entertainer: One—three entertainers per group $50.50 Four—nine entertainers per group $95.00 Ten or more $125.00 Entertainment agent $188.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 102 Finance or small loan agency $250.00 Fitness trainer $69.00 Funeral director $250.00 Gaming position $155.00 Gas, light, power, cable TV and telephone company $938.00 General repairman $63.00 Health spa or health club $188.00 Home day care operator $25.50 Hotel: Per room $9.50 Per suite $12.50 Income tax consultant $188.00 Incorporator $125.00 Insurance adjustor office $125.00 Itinerant merchant, per event $100.00 Janitorial and cleaning service: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Land lease community operator, per home site within $25.00 community Landscape service company: One—three employees $50.50 Four—nine employees $95.00 Ten or more employees $125.00 Laundry service operator: Primary facility $125.00 Additional drop-off locations $50.50 Linen supplier $125.00 Manicurist $32.00 Manufacturer's agent or representative $125.00 Mercantile agency or collection agency $125.00 Motel, per room $7.00 Motion picture theater $188.00 Motor vehicle serviceman $95.00 Nursing, rest or convalescent home $188.00 Open market operator: First 20 spaces, per rented space $22.50 21st—50th space, per rented space $11.50 Each space over 50, per rented space $6.00 Outdoor tables, per table $6.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 103 Optometrist $313.00 Pawnbroker $188.00 Pest control services $95.00 Pharmacist $188.00 Photographer $125.00 Physical therapist $188.00 Physician and/or surgeon $313.00 Plant nursery and florist $95.00 Podiatrist $313.00 Pool table operator, per table $63.00/ Maximum fee $189.00 Printer $125.00 Private investigator agency $188.00 Professional counselor $63.00 Professional engineer $250.00 Professional land surveyor $250.00 Psychologist $313.00 Public accountant $188.00 Public stenographer $38.00 Publisher $313.00 Real estate broker, appraiser, and manager $157.00 Real estate development corporation $344.00 Real estate property manager: One—three units managed $50.50 Four—ten units managed $125.00 Ten + units managed $125.00 Real estate salesperson or associated broker $50.50 Rental service $125.00 Sales representative $50.50 School and educational service (nonvocational) $63.00 School and educational service (vocational) $125.00 Scientific laboratory $250.00 Scrap and waste material service $125.00 Secondhand dealer of precious metals $125.00 Security service $188.00 Self-service laundry or dry cleaner $125.00 Shoe repairman $50.50 Sound truck, per hour $33.00 Tailor and garment service $50.50 Taxicab or bus operator:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 104 First vehicle $26.00 Each additional vehicle $26.00 Tourist home, per room $7.00 Travel agency $125.00 Veterinarian $313.00 Warehouseman $250.00 Wholesale news agency $63.00 All other businesses not listed: One—three employees $50.50 Four—nine employees $95.00 Ten—50 employees $125.00 51—100 employees $313.00 Subsec. (d)(2) Manufacturers/contractors rate $0.00046 of aggregate gross receipts/ Minimum fee $125.00 Subsec. (d)(3) Merchants/bottlers rate $0.00046 of aggregate gross purchases for resale/ Minimum fee $63.00 Subsec. (d)(4) Sports betting and horse racing (Simulcast) rate of $0.00046 of the aggregate gross receipts (defined as commission) for each activity/ Minimum license fee $125.00 Sec. 26-42. Penalty for late payment of license fee A penalty fee in the amount of ten percent per month of the amount of the licensee fee until the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 105 same is paid Article III. Going-Out-of-Business Sales; Fire Sales Sec. 26-137. Fees $25.00; renewal fee $25.00 Chapter 30. Standards of Ethical Conduct and Ethics Commission Chapter 30. Standards of Ethical Conduct and Ethics Fees and Commission Fines Article II. Standards of Ethical Conduct Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 30-20. Prohibitions relating to conflicts of interest Subsec. (i)(1) Criminal sanctions, penalties Not to exceed $1,000.00 Chapter 38. Emergencies Chapter 38. Emergencies Fees and Fines Article II. Civil Emergencies Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 38-84. Violations; penalties Not less than $25.00, nor more than $1,000.00 Article III. Emergency Services Sec. 38-85. Basic Life Support Ambulance Services Fund Subsec. (c) Fees Residential Accounts $1.50/Monthly Commercial Accounts $6.50/Monthly Chapter 42. Environment Chapter 42. Environment Fees and Fines Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 42-2. Noise Subsec. (d) Violations; penalties Not less than

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 106 $50.00 nor more than $100.00 Chapter 46. Fire Prevention and Protection Chapter 46. Fire Prevention and Protection Fees and Fines Article I. In General Sec. 46-1. Means of egress Subsec. (f) Penalties Any exit access, exit, or exit discharge, with the exception of $100.00 first a locked exit door, found to be in violation of this section offense $200.00 second or subsequent offense Any required exit door found to be locked against egress $100.00 each locked exit first offense, $200.00 subsequent offense Sec. 46-3. Impairment of fire protection equipment Subsec. (f) Fines $100.00 per device, first offense; $200.00 per device, second and subsequent offenses Sec. 46-7. Preventable and malfunctioning alarms to the fire company Subsec. (a)(1) Responsibility for malfunctioning and Should the preventable alarms, owner response, and corrective action; person notified generally, fail to appear at said premises within 30 minutes after being notified to do so, the city may charge the owner of the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 107 premises a fine of $100.00 Subsec. (a)(2) Responsibility for malfunctioning and Failure to preventable alarms, owner response, and corrective action; return malfunction documentation of service/repair within the period of time stated on the notice of violation, which is satisfactory to the fire marshal, will result in assessment against the owner of a fine of $100.00 for the fire alarm malfunction Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or preventable alarms; amount of fine Number of preventable or malfunctioning fire alarms Fine per preventable or malfunctioning fire alarm Third alarm $100.00 Fourth alarm $200.00 Fifth alarm $250.00 All over fifth alarm, each alarm $250.00 Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions A $50.00 fine or preventable alarms; panel reset may be assessed to the owner of a premises where the fire alarm has been reset before the fire department or assisting fire department arrives.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 108 $100.00 for second and subsequent offenses Sec. 46-8. Maintaining a known violation or hazard Subsec. (c)(1) Penalties; Any fines issued for violation of this section Minor deficiency $500.00 Major deficiency $1000.00 Article II. Fire Department Article III. Fire Codes Fees established in subsection (b) of this section shall be doubled in the event that a permit is applied for after construction has commenced without the permission of the fire marshal. The fire marshal shall waive the doubling of fees in cases where the permit applicant is not a professional contractor, and the work is not being done by a professional contractor. Sec. 46-126. Fire prevention permit Subsec. (b) Fee; each applicant $25.00 for each $1,000.00 of costs or multiple thereof of the fire protection system, provided that a minimum fee for each permit shall be $150.00 Subsec. (c) Reinspection First reinspection No charge Second reinspection $100.00 Third reinspection $200.00 Any subsequent reinspection $250.00 Subsec. (d) Fire signaling system inspection fee Certificate of inspection $25.00 each fire alarm system Exception: Apartment or other multifamily dwelling—Five $25.00 each or less buildings per complex fire alarm system Exception: Apartment or other multifamily dwelling— $15.00 each More than five buildings per complex fire alarm system up to a

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 109 maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire alarm systems Subsec. (e) Fire suppression system inspection fee Certificate of inspection $25.00 each fire suppression system Exception: Apartment or other multifamily dwelling—Five $25.00 each or less buildings per complex fire suppression system Exception: Apartment or other multifamily dwelling— $15.00 each More than five buildings per complex fire suppression system up to a maximum of 20 buildings. Maximum fee per complex not to exceed $300.00 for fire suppression systems Sec. 46-127 Smoke detection devices Subsec. (g) Violations; penalties Revocation of any existing license to do business in the city, or a fine of not more than $150.00 per violation, or both such penalties Article IV. Public Occupancies Sec. 46-164. Fees Assembly No charge for an occupant load less than

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 110 75; $100.00 for an occupant load of 75 or greater Assembly—Fixed Seating $100.00 for first 200 seats and $10.00 each additional 50 seats Educational $100.00 Day Care $50.00 for Day Cares as defined by Appendix B - Zoning, Article 5, Sections 14.22, 14.23 and 22.1; $100.00 for other day cares Health Care $100.00 first 25 rooms and $5.00 for each additional room Ambulatory Health Care $100.00 Residential $100.00 per building Residential Board and Care $100.00 Mercantile over 10,000 sq. ft. $100.00 Business over 10,000 sq. ft. $100.00 Industrial $100.00 Storage over 10,000 sq. ft. $100.00 Assembly special provisions 1 $25.00 Assembly special provisions 2 $100.00 Sec. 46-168. Reinspection fee Subsec. (a) Amount $25.00 for any repeated violation cited by the fire marshal, determined to be a violation

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 111 and which requires a follow up inspection to confirm the correction of the violation Subsec. (b) Fee attached A fee may be attached to any summons written for any violation found to be uncorrected upon reinspection Article V. Fire Lanes Sec. 46-202. Violations; penalties Subsec. (c) Other obstructions Any property owner or tenant found to be in violation; $50.00 Subsec. (d) Failure to mark Any property owner found to be in violation; $50.00 Sec. 46-205. Responsibility of owner or tenant Any property owner found to be in violation; $50.00 Chapter 50. Floods Chapter 50. Floods Fees and Fines Article II. Administration Sec. 50-22. Permits required Permit $50.00 Permit extension $25.00 Violation and non-compliance penalties $100.00, plus cost of prosecution Chapter 52. Freedom of Information Act Related to Public Records Access

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 112 Chapter 52. Freedom of Information Act Related to Public Fees and Records Access Fines Sec. 52-3. Fees for responding to FOIA requests Administrative fees First 30 minutes of staff time No charge Staff time in excess of 30 minutes Hourly salary plus the overhead rate of the lowest paid staff member capable of performing the service. Billed in 15-minute increments. Production fees—Photocopies Fees for printing the first 10 standard-sized black and white Waived or the first 5 color copies (single sided) Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") black $0.25 per and white copies sheet (each side) Standard-sized (8.5" × 11", 8.5" × 14", or 11" × 17") color $0.50 per copies sheet (each side) Oversized copies (larger than 11" × 17") $30.00 per sheet (each side) Production fees—Electronically generated records Files provided via PDF (via email) No charge CD or DVD (including case) $2.00 Other electronic storage costs Material cost to generate records Other costs Other costs associated with filling the request, such as postage, are the responsibility of the requestor. If the city does not have the resources or equipment to duplicate requested records, the city, at its discretion, may arrange to have records duplicated by an outside contractor. In this instance, the requestor will be liable for payment of these costs. Fee waivers The FOIA coordinator or designee shall have the authority to determine if a fee for a FOIA request shall be waived and the following criteria shall be used to render such a decision: 1) The public record is already available in duplicate form (extra copies). 2) The request for public record is made by an individual who is entitled to information under the FOIA and who submits an affidavit, provided by the city upon request, which

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 113 shall state that the individual is then receiving public assistance or, if not receiving public assistance, stating facts showing inability to pay the cost because of indigence. A person shall be considered indigent if that person's income level is at or below the federal poverty level, as established by the Bureau of the Census. 3) No written request will be required, or charges levied for requests to review specific documents which are required by ordinance to be made available to the public by the city clerk. Payment Payment of fees related to FOIA requests will be due prior to any related service being performed. Full payment of all final costs incurred must be received prior to the retrieval and release of information. Chapter 54. Health and Sanitation Chapter 54. Health and Sanitation Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 54-4. Smoking regulations Subsec. (d) Violations; penalties; appeals Subsec. (2) Penalties Not to exceed $50.00; each day such violation continues shall constitute a separate offense. Article II. Food and Food Handlers Sec. 54-52. Fee Subsec. (a) Type of establishment Mobile food units $50.00 Push carts $25.00 For-profit temporary eating places $25.00 Membership clubs $50.00 Institutions $100.00 Subsec. (b) Services provided Breakfast service $15.00 Lunch service $18.00 Dinner service $18.00 Salad bar service $15.00 Hot and cold buffet, including salad bar service $40.00 Drive through service $75.00 Delivery service $20.00 Catering service $15.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 114 Takeout service $20.00 Seating service: 100—150 $50.00 151—200 $75.00 201 or more $100.00 Sec. 59-7. Violations and penalties. Chapter 59. Juvenile Curfew Fees and Fines Subsec. (a)(1) Offenses by the parent First offense by a parent— $50.00; each subsequent offense by a parent shall be increased by an additional $20.00: e.g., $70.00 for the second offense and $90.00 for the third offense. Subsec. (a)(2) Personnel costs incurred by the City of Dover The hourly for providing personnel to remain in the company of a juvenile wage and cost who has been detained as a curfew violator if the parent or of benefits of guardian does not pick up the juvenile within one hour after the city receiving notice from the city that the city is detaining the employee juvenile for a curfew violation assigned to remain with the juvenile. Subsec. (c) Operators—Any operator who knowingly permits $50.00 for first a juvenile to remain at the establishment under circumstances offense by an not constituting an exception operator; for each subsequent offense the fine shall be increased by an additional $20.00: e.g., $70.00 for the second offense and $90.00 for the third

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 115 offense Subsec. (d) False certification—Any parent convicted of $50.00 for the knowingly providing any false authorization, information, or first offense; certification, written or verbal, to the Dover Police Department for each in violation of section 59-4(c) subsequent offense the fine shall be increased by an additional $20.00, plus costs Chapter 62. Law Enforcement Chapter 62. Law Enforcement Fees and Fines Article I. In General Fees not paid within 30 days of the day the fee was issued, including the day the fee was issued, shall be automatically doubled in amount. Sec. 62-2. False alarms to police Subsec. (c)(1) Violations; penalties Number of False Alarms Amount of Fee Per False Alarm 3—5 $25.00 6—9 $50.00 10—15 $100.00 16 and over $150.00 Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Communities Chapter 66. Manufactured Homes, Mobile Homes, and Land Fees and Lease Communities Fines Sec. 66-3. Manufactured and mobile homes Subsec. (a) Required fee from homeowner $50.00 each one-time placement permit Subsec. (c) Required fee from homeowner $45.00 each license annually Sec. 66-6. Enforcement and penalties Subsec. (a)(1) Failure to obtain manufactured home license Initial notification $0.00 Second notification $100.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 116 Third notification $200.00 Fourth notification $300.00 Fifth notification $500.00 Any subsequent notification $1000.00 Subsec. (b)(i)(1) Failure to fulfill maintenance requirements Initial inspection $0.00 Second inspection with non-compliance $100.00 Third inspection with non-compliance $200.00 Fourth inspection with non-compliance $300.00 Fifth inspection with non-compliance $500.00 Any subsequent inspection with non-compliance $1000.00 Subsec. (b)(2) Cost of maintenance by the city $75.00 per hour for such work that must be done to render the property in compliance with Chapter 66 Sec. 66-4, plus a 15% administrative charge Subsec. (c)(1) Failure to provide homeowner record A fine of $25.00 and a penalty fee of ten percent per month shall accrue for each month the homeowner record is not provided. Subsec. (c)(ii) Failure to provide contact for residents A fine of $25.00; the fine may be applied cumulatively or per violation instance Subsec. (c)(iii) Failure to provide receipt A fine of

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 117 $25.00; the fine may be applied cumulatively or per violation instance Chapter 70. Offenses and Miscellaneous Provisions Chapter 70. Offenses and Miscellaneous Provisions Fees and Fines Sec. 70-1. Combative fighting Subsec. (d)(1) Violations; penalties, fines Not to exceed $1,000.00. Separate fines may be issued to the promoter of such an event, participants in such an event, and the owner of the premises of such an event Sec. 70-2. Weapons generally (e)(1) Penalties; fines Not less than $500.00, nor more than $1,000.00 Sec. 70-7. Registered sexual offenders Subsec. (f) Penalties $500.00 for any offense; each day shall constitute a separate offense Sec. 70-8. Disorderly premises Not to exceed $1,000.00 for any offense. Sec. 70-10 Violations and penalties Each day that a nuisance violation continues may be considered a new violation. If not paid, fines may be subject to a lien on property of the owner. 1st offense $100.00 fine nd 2 offense $250.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 118 3rd offense $500.00 All subsequent offenses $1000.00 Chapter 74. Parks and Recreation Chapter 74. Parks and Recreation Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 74-51. Operating any nonpermitted motorboat on Silver Not to exceed Lake $200.00, and not less than $100.00 Sec. 74-52. Same—Fine Not to exceed $100.00, and not less than $10.00 Chapter 78. Peddlers and Solicitors Chapter 78. Peddlers and Solicitors Fees and Fines Sec. 78-4. Refusing to leave premises A fine of not less than $25.00, nor more than $1,000.00 Chapter 82. Planning Chapter 82. Planning Fees and Fines Sec. 82-3. Planning services (a) Zoning verification letters/administrative $50.00 per interpretations letter/interpretation Chapter 86. Secondhand Goods Chapter 86. Secondhand Goods Fees and Fines Article II. Precious Metals Sec. 86-63. Fee $25.00 per license Sec. 86-64. Bond required Penal sum of $1,000.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 119 Chapter 90. Solid Waste Chapter 90. Solid Waste Fees and Fines Sec. 90-16. Violations; penalties $100.00 for each violation Chapter 98. Streets, Sidewalks and Other Public Places Chapter 98. Streets, Sidewalks and Other Public Places Fees and Fines Article I. In General Sec. 98-5. Duty of tenants or owners to maintain sidewalks and $100.00 per landscaped areas within the street right-of-way violation Sec. 98-11. Placement of wireless communications facilities within rights-of-way (c) Use of Rights-of-Way Permit (1) Permit Fee $25.00 for ROW Permit (2) Annual Fee for Rights-of-way Use No charge for WCF placement on existing City- owned wireless support structure in City ROW $220.00 for Placement of new wireless support structure/pole in City ROW $220.00 for WCF placement on a third- party/non-city wireless support structure/pole in City ROW Article VI. Excavations

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 120 Sec. 98-253. Bond Maximum of $5,000.00 per opening Article VII. Parades Sec. 98-303. Fee at the time of filing the application for a $10.00. This parade permit fee may be waived, in whole or in part, by the chief of police. Chapter 102. Taxation Chapter 102. Taxation Fees and Fines Article I. In General Sec. 102-2. Delinquent property tax collection costs Subsec. (a) Action to collect delinquent property taxes filed in Fee of $50.00 a court of appropriate jurisdiction is added to the amount due, plus court costs and service fees assessed by state or county offices Subsec. (b) Action proceeds and a writ of venditioni exponas Additional fee monition or similar execution process is filed of $100.00 shall be added to the amount due, plus court costs and service fees assessed by state or county offices Article III. Realty Transfer Tax Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 102-79. Violations; penalties. Any person guilty of A fine of not conduct prohibited in section 102-78, Prohibited acts more than enumerated $100.00

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 121 Chapter 106. Traffic and Vehicles Chapter 106. Traffic and Vehicles Fees and Fines Article I. In General Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 106-7. Obedience to state law; violation of any provision A fine of not of 21 Del. C. § 101 et seq. (except Sec. 106-7(1)—Handicapped less than parking and Sec. 106-7(2)—Fire lanes) $25.00, nor more than $1,000.00 Subsec. (1) Handicapped parking Minimum fine, as defined in 21 Del. C. § 4183, at the time the violation occurs Subsec. (2) Fire lanes Minimum fines, as defined in 21 Del. C. § 7001(a), at the time the violation occurs Sec. 106-14. Off-road motor vehicle regulations Subsec. (d) Penalties A minimum fine of $25.00 and a maximum fine of $100.00 Sec. 106-15. Failure to stop for a red traffic signal; traffic light signal violation monitoring program; penalties Subsec. (b)(3) Traffic light signal violation monitoring program; civil or administrative assessment Failure to comply with a traffic light signal $75.00 If not paid within 14 days, an additional assessment shall be $10.00 added to the original assessment Additional assessment shall be increased if the assessment is $20.00 not paid within 45 days Additional assessment shall be increased if the assessment is $30.00 not paid within 90 days Court costs or similar administrative fees may also be Maximum

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 122 assessed if the owner requests a hearing to contest the violation, $30.00 and is ultimately found to be in violation or fails to pay or contest the violation in a timely manner Sec. 106-16. Violations; except as otherwise provided Subsec. (a)(1) Moving offense Minimum of $10.00 Subsec. (a)(2) Nonmoving offense Minimum of $15.00 Subsec. (a)(3) Parking violation $20.00 for each offense, if the fine is paid within 72 hours from the date the offense is recorded in time, the fine shall be $15.00 Article II. Bicycles Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 106-55. Penalties for violation Not to exceed $100.00 and not less than $10.00 Article III. Stopping, Standing, and Parking Sec. 106-135. Residential parking Subsec. (i)(1) Expiration; Two-hour parking $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Subsec. (i)(2) Expiration; change of residence, etc. $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Subsec. (m) Violations; penalties Any violation of this section not having a stated, specified penalty will

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 123 result in a $20.00 fine or $15.00 if paid within 72 hours of issuance of such fine Sec. 106-137. Parking areas for persons with disabilities Subsec. (c)(3) Signage; fines Failure to achieve compliance within 30 calendar days of the issuance of the notice of violation shall be subject to the fines set forth in subsection (f) of this section Subsec. (f) Penalties Whoever violates this section shall be fined not less than the minimum fine as defined in 21 Del. C. § 4183 at the time the violation occurred Sec. 106-163. Use of meters required Subsec. (a) Failure to make the required payment in the $20.00 fine or parking meter $15.00 if paid within 72 hours of issuance of such fine Subsec. (b) Payments accepted Each $0.25 coin Permits the vehicle to be parked for a period of one

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 124 hour Each $1.00 Permits the vehicle to be parked for the duration of the enforcement period of 8:00 a.m. to 5:00 p.m. Sec. 106-164 Violations; penalties Subsec. (a) Generally; each violation if paid within 24 hours A fine of not from time summons giving notice of violation is issued less than $1.00 for each violation Subsec. (a) Generally; each violation if paid after expiration $2.00 for each of 24 hours from time summons giving notice of violation is violation, if issued payment is made voluntarily prior to the time and date set forth in the summons Subsec. (a) Fourth violation; each violation if paid within one $1.00 for each hour from time summons giving notice of violation is issued such violation Subsec. (a) Fourth violation; each violation if paid after $2.00 for each expiration of one hour from time summons giving notice of violation, if violation is issued payment is made voluntarily prior to the time and date set forth in the summons Subsec. (a) Fifth violation, etc.; any person committing more $5.00 for each than four violations within any 30-day period of the provisions such violation, of this division if payment is made voluntarily prior to the time and date set forth in the summons. Subsec. (b)(4) Any person who unlawfully removes a device $500.00 fine for immobilization of a vehicle for each violation

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 125 Subsec. (b)(5) Any person who tows or otherwise moves an $500.00 fine immobilized vehicle without authorization by the chief of police for each or his designee violation Subsec. (c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is voluntarily paid without the necessity of a hearing before the proper official. Chapter 110. Utilities Chapter 110. Utilities Fees and Fines Article II. Electric Service Sec. 110-32. Pole attachment fee; use of Dover Electric Department facilities If payment is not received for any fee or other amount owed within 30 calendar days after it becomes due, the licensee shall pay interest at the rate of one and one-half percent per month, on the amount due (subsec. (f). Subsec. (4) Fees and charges Annual pole attachment fee $8.17 per attachment Wireless Communications Facility Attachment $50.00 annual fee per attachment on city-owned wireless support structure/pole Subsec. (4)(l) True-up Wherever the actual cost of DED's activity exceeds the advance payment of estimated expenses, licensee agrees to pay DED for the difference in cost when that amount exceeds $50.00; To the extent that the actual cost of the activity is less than the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 126 estimated cost, DED shall refund to licensee the difference in cost where that amount exceeds $50.00 Subsec. (5) Scope of Authority Subsec. (l)(i) Overlashing, unauthorized attachment penalty Three times the annual attachment fee, per occurrence Subsec. (8) Permitting, (b) Pole attachment permit application process Subsec. (i)(a) Charge for expenses related to the pre-permit survey application Less than 11 poles $50.00 application fee plus $2.00 per pole 11 poles up to and including 25 poles $90.00 application fee plus $2.00 per pole 26 poles or greater $4.00 per pole application fee Subsec. (i)(b) Charge for expenses related to the leasing of conduit Less than 100 feet $50.00 application fee plus $0.50 foot 100 feet to 251 feet $90.00 application fee plus $0.50 foot Greater than 250 feet $0.75 per foot application fee Subsec. (9) Make-ready work, (b) Payment of make-ready DED may work require payment in advance for all make-ready work based upon the

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 127 estimated cost of such work if the estimate exceeds $1,000.00. Upon completion, licensee shall pay DED's actual cost of make-ready work, which shall be itemized. Subsec. (10) Transfers, (b) Billing for transfers performed by If DED DED performs the transfer(s), DED will bill licensee for actual costs per subsection (4) Fees and charges. Licensee shall reimburse DED within 30 calendar days of the receipt of the invoice. Subsec. (12) Abandonment or removal of DED facilities Subsec. (b) Option to purchase abandoned poles Rate equal to the depreciated value of said pole; if a pole that is to be purchased is older than 30 years, then the rate to be charged is set at $50.00 per pole Subsec. (16) Unauthorized occupancy or access Subsec. (a) Penalty fee Three times

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 128 the annual attachment fee, per occurrence; if licensee fails to pay such fee within 30 calendar days of receiving notification thereof, DED has the right to remove such attachments at licensee's expense, unless such fee is disputed in good faith Subsec. (17) Advance payment $8.17 per attachment; plus, estimated make-ready work expenses Article II. Electric Service Sec. 110-33. Charge for discontinuing or restoring electric service Subsec. (a) Maintenance and repair No charge for discontinuing or restoring electric service for maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid prior to

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 129 turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of $100.00 paid prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Article III. Water Service Sec. 110-191. Water use fees generally Subsec. (b) Penalty A penalty of 1½ percent or $1.00, whichever is greater, per month shall be added to all water service fees which shall be in arrears for a period in excess of 30 days after the date of rendering the water service bill Sec. 110-192. Charge for discontinuing or restoring water service Subsec. (a) Maintenance and repair No charge for turning on or off any service for

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 130 maintenance purposes if done between 7:00 a.m. and 5:00 p.m.; $100.00 for all service calls between 5:00 p.m. and 7:00 a.m. Subsec. (b) Nonpayment There will be a service charge of $50.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 7:00 a.m. and 5:00 p.m. There will be a service charge of $100.00 paid, together with all current and overdue charges, prior to turning on any service discontinued for nonpayment between 5:00 p.m. and 7:00 a.m. Sec. 110-193 Penalties for cross-connection control program non-compliance Subsec. Non-compliance penalties There will be a charge of $100.00 per

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 131 day to the property owner after the final warning date of non- compliance. This charge will continue on a daily basis until the property is in compliance with the cross- connection control program. Sec. 110-208. Water impact fee established; payment, credits Subsec. (c) Fee and applicability (1) Applicable building permit before February 1, 2008. A No fee buyer independent of the seller may submit a sales contract executed prior to February 1, 2008, to the city manager for consideration in lieu of a building permit issued before February 1, 2008. (1) Building permit and certificate of occupancy is issued on $700.00 or after February 1, 2008. (2) Certificate of occupancy issued after February 1, 2009. $1,400.00 (3) Certificate of occupancy is issued after February 1, 2010. $2,100.00 Article IV. Sewer Service Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 110-240. Violations Subsec. (c) Payment of cost Not less than $25.00 nor more than $1,000.00 Chapter 114. Vegetation Chapter 114. Vegetation Fees and Fines Article II. Weeds Every day that a violation of section 114-32 continues shall be considered a separate offense, for which the violator may be tried and convicted without necessity of further notice. Action by the city fees and fines are separate charges. Sec. 114-33. Failure to maintain proper height; abatement by

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 132 city; costs and lien Subsec. (c) Action by the city- abatement of the violation. $50.00 to $250.00 per hour Sec. 114-34. Fines Subsec. (a) Generally Warning $0.00 First offense $50.00 Second offense $100.00 Third and subsequent offenses $250.00 Chapter 118. Vehicles for Hire Chapter 118. Vehicles for Hire Fees and Fines Article II. Taxicabs Sec. 118-54. Fee Taxicab operator's permit $5.00 Appendix A. Subdivisions Appendix A. Subdivisions Fees and Fines Article IV. Subdivision—Procedure Subsec. A.2. Preapplication; filing fee $200.00 Subsec. B.2. Preliminary layout; filing fee $325.00 Subsec. C.3. Plat; review fee $200.00, plus $85.00 per acre for the first ten acres, $60.00 per acre for the next ten acres, and $45.00 per acre for each acre thereafter Subsec. C.3. Plat; review fee—Minor lot line adjustment Plats for minor lot line adjustments shall require a review fee of $150.00 Subsec. C.3. Plat; review fee—Minor subdivision Plats for minor subdivisions shall require a

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 133 review fee of $150.00 plus $15.00 per lot Appendix B. Zoning Appendix B. Zoning Fees and Fines Article 3. District Regulations Sec. 18. Recreational and commercial zone (RC) Subsec. 18.1. Uses permitted (k)(3) Temporary activity fee Less than 5 acres $50.00 5—25 acres $100.00 26—100 acres $250.00 100+ acres $500.00 (l)(2) Temporary camping permit fee Less than 5 acres $50.00 5—25 acres $100.00 26—100 acres $250.00 100+ acres $500.00 Sec. 24. Planned Neighborhood Design option (PND) Subsec. 24.2. Review process—General sketch plan review $100.00 fee, each application Subsec. 24.8. Conditional use plan approval Subsec. 24.81. Plan approval fee, each application $200.00, plus $10.00 per acre Subsec. 24.9. Site development preliminary subdivision plan review Subsec. 24.91. Preliminary plan approval fee; each $325.00, plus application $20.00 per acre Subsec. 24.10. Final subdivision plat approval Subsec. 24.101. Final subdivision plat approval; each $250.00 application Sec. 28. Traditional Neighborhood Design Zone (TND) Subsec. 28.4. Procedure; application for rezoning of a land area to a TND zone Subsec. 28.411. Minimum fee; each rezoning petition $325.00 Subsec. 28.422. Implementation plan approval; each $325.00, plus application $10.00 per acre Subsec. 28.434. Site development plan or subdivision plat; $250.00 each application Article 5. Supplementary Regulations Section 4. Supplementary sign regulations

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 134 Subsec. 4.8. Unified campuses and complexes Subsec. D.4. Submission requirements; application fee $200.00, due at time of application Subsec. 4.9. Supplementary sign provisions Subsec. D.1. Temporary signs; permit $50.00 Section 23. Wireless Communications Facilities Subsec. 23.5. Application Procedures 23.51 Location within Public Right-of-way (f) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.53 Eligible Facilities Request (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.54 Substantial Change Activity (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 135 multiples thereof up to $10,000,000.00 of costs 23.55 New Facilities (a) Conditional use authorization required. $425.00, plus $25.00 per acre of the area or multiple thereof involved in the Conditional Use Permit application (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs 23.56 New Small WCF (d) Fee WCF Building Permit Fee is $25.00 for first $1,000.00 of costs and $8.00 for each additional $1,000.00 of costs or multiples thereof up to $10,000,000.00 of costs Article 6. Off-Street Parking, Driveways, and Loading Facilities Sec. 5. Supplementary regulations for parking and loading facilities Subsec. 5.5. Parking for motorsports racing Subsec. 5.52. Recreational vehicle parking

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 136 1—5 Recreational vehicles No fee 6—25 Recreational vehicles $25.00 26—50 Recreational vehicles $50.00 51—100 Recreational vehicles $100.00 >100 Recreational vehicles $150.00 Article 8. Enforcement and Penalties Sec. 2. Certificates of occupancy Subsec 2.4. Every application for a certificate of occupancy or a temporary certificate of occupancy shall be accompanied by a fee: Certificate of occupancy for one-family residential uses $60.00 Temporary certificate of occupancy for one-family $75.00 for a residential uses maximum of 45 days. Fee applies for any extensions beyond 45 days Certificate of occupancy for uses other than one-family $75.00 for the residential uses first 20,000 square feet of building area, plus the sum of $15.00 for each additional 10,000 square feet of building area in excess of the first 20,000 square feet or multiple thereof Temporary certificate of occupancy for uses other than one- $100.00 for a family residential uses maximum of 45 days. Fee applies for any extensions beyond 45 days Article 9. Board of Adjustment Sec. 3. Procedure Subsec. 3.4. All variance requests and appeals from an order, requirement, decision, or determination made by an administrative official, board, or agency of the city shall be accompanied by a fee

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 137 All variance requests for residential uses $300.00 All variance requests for nonresidential uses $600.00 All appeals from an order, requirement, decision, or $300.00 determination made by an administrative official, board, or agency of the city The board of adjustment may, in its discretion, return to the applicant part or all of the fee paid by him in the event that his appeal under section 2.1 (interpretation) hereof is partially or wholly successful. The fees filed in connection with applications under section 2.2 (variances) shall not be returnable, regardless of disposition of the case by the board Article 10. Planning Commission Sec. 1. Approval of conditional uses Subsec. 1.52. Application procedure; conditional use permit; $425.00, plus each application $25.00 per acre of the area or multiple thereof involved in the application Sec. 2. Site development plan approval Subsec. 2.42. Fees—Application for administrative site plans $300.00 Subsec. 2.43. Fees—Application for site development plan $425.00 plus approval $25 per acre Sec. 3. Historic district commission and architectural review Subsec. 3.26. Procedures for an architectural review by the historic district commission or planning commission Subsec. (b) Application and fee for an architectural review $250.00 certificate Sec. 5. Amendments Subsec. 5.32. Application. Each application for a zoning map amendment: Minimum fee, in addition to required district supplemental $425.00 fee One-family residence zones (R-8, R-10, R-15, and R-20); $25.00 per acre supplemental fee General residence zones, Medium density residence zones, $50.00 per acre and Mobile home park zones (RG-0, RG-1, RG-2, RG-3, RG-5, RM-1, RM-2, and MHP); supplemental fee Commercial and office (C-1, C-1A, C-2, C-2A, C-3, C-4, $70.00 per acre CPO, RC and IO); supplemental fee Shopping center development (SC-1, SC-2 and SC-3); $75.00 per acre supplemental fee Industrial zones (M, IPM, and IPM2); supplemental fee $75.00 per acre

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 138 ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-20 – AMENDING CHAPTER 110 – UTILITIES, ARTICLE V – STORMWATER (MARK NOWAK, PUBLIC WORKS DIRECTOR) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. Mark Nowak, Public Works Director, reviewed Proposed Ordinance #2024-20 – Amending Chapter 110 – Utilities, Article V - Stormwater. By motion of Dr. Sudler, seconded by Ms. Arndt, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-20 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 110 – Utilities, as follows: ARTICLE V. – STORMWATER Sec. 110-284. – Definitions. The following words, terms, and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. All other stormwater classes mean the various stormwater classes, except the single-family residential stormwater class. Dwelling means a structure with one kitchen and one or more baths and bedrooms separate from the kitchen including houses, mobile homes, manufactured homes, and apartments. Equivalent runoff unit or ERU means a unit of measure that is set to equal the average impervious area square footage of parcels of the Tier 1 single-family residential stormwater class. Impervious area means the total square feet of hard surface areas including buildings, driveways, any attached or detached structures, paved or hardscaped areas, or other surface areas that behave like an impervious area during precipitation events, that either prevent or restrict the volume of stormwater that can enter into the soil and/or thereby cause water to runoff the surface in greater quantities or at an increased rate of flow than what would have occurred under natural undistributed conditions.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 139 Single-family residential stormwater class means parcels with a single-family, detached, semi-detached, or attached dwelling. Stormwater charge means the monthly charge for stormwater management assessed to a parcel within the city based on the impervious area of the parcel to be billed on the associated cycle billing route for the service location. Tier means the tier value that is assigned to each parcel in the single-family residential stormwater class, based on the parcel’s impervious area. NPDES Permit refers to the National Pollutant Discharge Elimination System (NPDES) permit imposed by the EPA and the State of Delaware that requires permittees to develop and implement a comprehensive Storm Water Management Program (SWMP) that must include pollution prevention measures, treatment or removal techniques, monitoring, use of legal authority, and other appropriate measures to control the quality and quantity of stormwater discharged to the storm drains and thus Waters of the State and Waters of the United States. Sec. 110-285. – Stormwater charges. (a) The stormwater charge represents an equitable system for recovering costs related to all aspects of stormwater management, including but not limited to: capital improvements including debt service; operation and maintenance including routine replacements; compliance with all current and future stormwater and surface water regulatory requirements (NPDES Permit); surface water quality monitoring, inspection, management, and improvement projects; flooding mitigation; inspections of stormwater management facilities; billing and administration; acquisition of interests in land including easements; and watershed planning and protection initiatives. (b) All parcels that are within the city’s corporate boundaries, except as noted in Sec. 110-285(d)(4), shall be assessed a monthly stormwater charge as per the provisions of this article. (c) The stormwater charge for each parcel shall be determined as per the provisions of this article, based on the number of equivalent runoff units “ERUs” and the ERU rate. (1) Equivalent runoff unit. The ERU is 1,700 square feet. (2) Equivalent runoff unit. The ERU is $6.00 per ERU. (3) Monthly stormwater charge calculation. The monthly stormwater charge calculated by multiplying the ERU ratio by the ERU rate (see Table 1 for Tier and ERU ratio).

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 140 (d) The stormwater charge for the various stormwater classes shall be determined as follows: (1) Single-family residential stormwater class: For the single-family residential stormwater class, a three-tiered stormwater charge is established to accommodate the wide range of impervious area square footage that exists among the single-family residential parcels in the city. Table 1: Single-Family Residential Class Tier Applicable Zoning Average Impervious Equivalent Runoff Unit Districts Area Ratio (ERU ratio) (square feet) 1 RG-3, RG-4, TND 1,700 1.0 2 RM-1, RM-2, RG-1, RG-2, 2,400 1.4 R-7 3 R-8, RG-5, R-10, R-20, R- 3,700 2.2 15 (2) All other stormwater classes: The stormwater charge for all other stormwater classes shall be calculated by dividing the estimated impervious area for a parcel by the average impervious area for the Tier 1 single-family residential stormwater class to determine the ERU ratio. The ERU ratio is then multiplied by the ERU rate to determine the monthly stormwater charge. (3) Impervious area will be capped at 1 million sq. ft. No parcel owner will be billed for more than 1 million sq. ft. of impervious surface. (4) Exemptions. Parcels owned by the United States of America shall be the only parcels within the city’s corporate limits exempt from the stormwater charge. (5) Updates. Updates to residential tiers and impervious surface data shall occur when the State of Delaware updates their impervious surface data. (6) Any future amendment to the ERU rate shall be approved by City Council. Sec. 110-287. – Effective date of stormwater charges; liability of payment. (a) The stormwater service charges herein authorized shall become effective July 1, 2024. (b) The stormwater service charges will be collected from the following:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 141 (1) The owner on record of a parcel will be assessed the stormwater charge. In the event that the owner of a parcel and the user of a parcel are not the same, the owner shall be liable for the stormwater charge. (2) In the case of joint ownership of a parcel, the stormwater charge shall be billed to the owner designated as the primary owner in the City assessor’s records. Sec. 110-288. – Delinquency. (a) Pursuant to City Ordinance, Sec. 1-13a, b-Clean Hands, no person or entity or owner shall be eligible to receive any city services, utilities, permits, licenses, or approvals if that person, entity, or owner owes outstanding payments to the city. (b) All penalties, fines, and costs associated with enforcement of this chapter shall be liens on the property to the extent permitted by Title 25, Chapter 29 of the Delaware Code. Sec. 110-289. – Credits. (a) Appeals. An owner of a parcel for which a stormwater charge has been assessed may appeal the stormwater charge for that parcel for the following reasons: (1) The calculation of the stormwater charge; (2) The assigned tier, if applicable; and (3) The eligibility for a credit. (b) Burden of proof. The burden of proof shall be on the appellant to demonstrate, by clear and convincing evidence, the validity of the appeal. (c) Appeals procedure. All other procedures for appeals shall be per the City of Dover Stormwater Credits, Appeals, and Grants Manual. (d) Ability to audit. (1) The city reserves the right to audit a parcel’s stormwater charge at any time. (2) This may include a review of the estimated impervious area associated with the parcel as well as any unique characteristics as they relate to the generation of stormwater runoff and/or the management thereof. Sec. 110-291. – Grants. (a) Grants. An owner of a parcel within the single-family residential stormwater class

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 142 for which a stormwater charge has been assessed may apply for a drainage grant. Grant procedures are outlined in the City of Dover Stormwater Credits, Appeals, and Grants Manual. (b) Appropriated Amount. The amount appropriated for grants each year will be made available. Sec. 110-292. – Transfers. There shall be no transfers from the stormwater fund, less internal service, department cost allocations, to any other operating fund of the city without an ordinance change by City Council. ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-21 – AMENDING CHAPTER 98 – STREETS, SIDEWALKS, STORM SEWERS, AND OTHER PUBLIC PLACES, ARTICLE IX – STREET SWEEPING, ARTICLE X – LEAF COLLECTION SERVICES (MARK NOWAK, PUBLIC WORKS DIRECTOR) Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried. (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. David Hugg, III, City Manager, reviewed Proposed Ordinance #2024-21 – Amending Chapter 98 – Streets, Sidewalks, Storm Sewers, and Other Public Places, Article IX – Street Sweeping, Article X – Leaf Collection Services. Responding to Mr. Anderson, Ms. Duca stated that it is the National Pollutant Discharge Elimination System (NPDES) permit, and it involves the maintenance and capital improvements of the stormwater system. Responding to Mr. Anderson, Ms. Duca stated that with the expenses for the stormwater side, they are looking at four and a half million dollars, so that would be between $0.09 and $0.10 property tax. This would depend upon the assessed value of the home as to how much that would affect, but it would be significant. By motion of Ms. Arndt, seconded by Mr. Neil, by a roll call vote, eight (8) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Sudler, Lewis, Anderson) and one (1) absent (Hare) adopted Ordinance #2024-21 as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 98 – Streets, Sidewalks, Storm Sewers, and Other Public Places, as follows:

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 143 ARTICLE IX. – STREET SWEEPING Sec. 98-347. STREETS, SIDEWALKS, STORM SEWERS, AND OTHER PUBLIC PLACES (a) Street Sweeping (1) The City Manager or his / her designee shall provide street sweeping services within the city at the frequency and locations determined to be in the best interest of the city. (2) Street sweeping shall meet or exceed the requirements set forth by the NPDES permit issued to the City of Dover. (3) Any areas determined to require parking restrictions to provide adequate street sweeping services must be adequately marked by the city. ARTICLE X. – LEAF COLLECTION SERVICES (a) Leaf Collection (1) The City Manager or his / her designee shall provide leaf collection services within the city at the frequency and locations determined to be in the best interest of the city. (2) Leaf piles shall not be placed out for collection more than one day prior to collection day. (3) Leaf piles shall be no larger than 3 feet wide by 3 feet tall. Leaf piles shall not be placed near catch basins or within the gutter pan. Clear space of 3 feet shall be provided on either end of leaf piles. (4) Leaves shall not be bagged or tarped when put out for leaf collection services. (5) Leaf piles shall not contain limbs, sod, concrete, trash, or other foreign material. (6) Leaf piles put out for leaf collection services that are not in conformance with the parameters above may not be collected. ADOPTED: June 24, 2024 FINAL READING PROPOSED ORDINANCE #2024-26 – FISCAL YEAR 2024/2025 CITY OF DOVER BUDGET ORDINANCE Ms. Arndt moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Rocha, and unanimously carried.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 144 (Hare absent) (The First Reading of the proposed ordinance was accomplished during the Council Meeting of June 10, 2024.) Mr. David Hugg, III, City Manager reviewed Proposed Ordinance #2024-26 – Fiscal Year 2024/2025 City of Dover Budget Ordinance. Mr. Hugg noted a correction in the Budget Ordinance which would be the non-bargaining and appointed officials would receive a 4% increase. The other employees received an amount determined by their union contracts, and they were not quite done with the negotiations but looking hopeful that it can be wrapped up this week. Mr. Hugg explained that the council adopted an ordinance dealing with council members' compensation and tied that compensation to the increase in compensation awarded to the non-bargaining employees. The council members would get the same rate of pay increase that they would give to all the non-union employees. There is one exception, the council members are automatic and reserve the right to determine compensation for the mayor. Mr. Hugg further explained that they budgeted at the rate of the non-bargaining employees, they budgeted the 4% increase, but they do not have the authority to implement that increase and council would have to vote to determine what the mayor’s compensation for next year would be and then adopt the budget. Responding to Dr. Sudler, Mr. Hugg stated that the 4% results in the dollar an hour increase in his compensation, which is $2,00 for the year so it would raise to $54,080. Mr. Hugg noted that he has not discussed with the mayor his compensation since it is a council’s decision. Dr. Sudler stated he is concerned with the amount of $54,080, that the mayor would receive. Even though the mayor’s duties are more extrinsic, he does not believe the amount is enough for the mayor, especially with all the decisions and the public safety, and everything the job comes with. Dr. Sudler explained that everyone else is making over $140,000 to $150,000, and $54,000 for the mayor is not enough. Responding to Ms. Arndt, Mr. Hugg stated that this should have been discussed earlier on to put forward. He further stated that there are sufficient funds in the budget, in the mayor’s budget for at least would be comparable to what the council increase increased. When the budget is done, they multiply all the employees by what the percentage is, and they accommodate it. Mr. Hugg noted that he forgot that the mayor was not automatic and that the council members are. Responding to Mr. Hugg, Mr. Neil asked if it would be proper and if it would upset anyone in this situation with the budget if they did a $5,000 pay raise for the mayor this year. Responding to Mr. Neil, Mr. Hugg stated that because of the way they do the budget, they could accommodate a pay raise as part of the budget number that they put together for the mayor’s office. They can pick a number that they feel is comfortable, $5,000 would be workable. Mr. Lewis expressed concerns at this point that this is being included in the budget and because they are in a tight situation. They are in a deficit. He wanted to say that they could keep his 4% increment and give it back to the taxpayers.

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 145 Responding to Mr. Anderson, Mr. Hugg explained that they presented a balanced budget and there was no deficit. They are balanced with the revenue and expenditures outlined in the budget. Responding to Mr. Anderson, Mr. Hugg stated that there are sufficient funds in the mayor’s budget to cover what would be consistent with council. Since there is a position that is empty and has aggressively begun to fill, it probably would not be filled until the end of August. There are probably sufficient funds in there, but he does not have the budget sheet in front of him to check. If $3,000 is all they are talking about then he was not concerned about being able to find that in the budget. Mr. Neil moved to approve increasing the mayor’s salary by $5,000 for the coming fiscal year, seconded by Mr. Boggerty, and carried by a roll call vote: six (6) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Anderson), two (2) no (Lewis and Sudler), and one (1) absent (Hare). Mr. Neil moved to approve Ordinance #2024-26 - Fiscal Year 2024/2025 City of Dover Budget Ordinance as amended. The motion was seconded by Mr. Rocha, and carried by a roll call vote, six (6) yes (Boggerty, Neil, Pillsbury, Arndt, Rocha, Anderson), no (Sudler and Lewis), and one (1) absent (Hare). CITY MANAGER'S ANNOUNCEMENTS Mr. Hugg had no announcements. MAYOR’S ANNOUNCEMENTS Mayor Christiansen wanted to remind everyone that on Sunday, June 30, 2024, there would be fireworks display celebrating the birth of the nation at Bally’s Casino and Dover International Speedway. Mayor Christiansen noted that the City of Dover, 4th of July celebration will feature a parade with the 280th National Guard Band and fireworks. Mayor Christiansen expressed that with concern from the members of council and the citizens of the city, one of the major responsibilities under the charter of this city is the public safety of the community, no matter what part of that community it is. To answer the concerns and questions throughout the city, he will address the need to implement a curfew as needed with input from the Chief of Police and the City Solicitor as conditions warranted. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Boggerty wanted to emphasize that he wanted to work to implement a curfew, as he talked with everyone, and had conversations with the mayor. He yields to the mayor’s discretion to exercise his authority with the curfew. Mr. Boggerty mentioned that Saturday, June 29, 2024, will be the Third Annual Unity Day at Williams Park, from 2:00 to 6:00 p.m. This year they are going to emphasize anti-bullying, cyberbullying, and bullying against the LGBTQIA+ community. He acknowledged all those who participated in the Juneteenth event and extended thanks to the honorable Reuben Salters for the African American Festival. Mr. Boggerty gave congratulations to Bishop Carol Boggerty for her appointment to the post for the State of Delaware. She will be representing Kent County. Mr. Boggerty stated that the summer concert series has started, with free events starting every Thursday at The Green. Mr. Anderson informed everyone about the Dover Hope Zone, which is a Division of the Hope

CITY COUNCIL MEETING OF JUNE 24, 2024 PAGE 146 Commission, and the Hope Street Summer schedule, which will be posted on social media. The first one is going to be on July 10, 2024, from 6:00 to 7:30 p.m. at Mount Zion Ame Church, 211 West Division Street. There will be eight (8) events going on through August 21, 2024. Dr. Sudler gave his condolences on behalf of the Fourth District, the Mishoe Family, and the Sudler Family to the Carey family. Their thoughts are with them during this difficult time, acknowledging their loss of a community pillar, a father, and recognizing their contributions to the City of Dover. His second announcement is that the commissioner, Dr. Travis Mishoe Sudler, as well as himself, will be providing food and barbequing for the unsheltered at Moun Zion Ame Church on Wednesday, June 26, 2024, at 11:45 a.m. This is done every fourth Wednesday. The meeting adjourned at 8:31 p.m. ANDRIA BENNETT CITY CLERK All ordinances, resolutions, motions, and orders adopted by the City Council during their Regular Meeting of June 24, 2024, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /AB