Transcript: Construction and Property Maintenance Code Board of Appeals

Roy Sudler, Jr.

Good afternoon, thank you for your time. Um, and this Before you have today's agenda, um, this is the City of Dover Construction and Property Maintenance Code Board of Appeals, Wednesday, February the 18th, convening at 3:33. Um, before you have the agenda, however, before we ask for approval of the agenda, um, I would ask that we uh move Item number two to Item number one, as right now for uh the uh attendance of we have individuals on Item number one in question. But But uh

Board Member

So moved.

Roy Sudler, Jr.

All right. There's a proper move and second for amending the agenda. All those in favor signify by saying aye.

Board Member

Aye.

Roy Sudler, Jr.

Aye. All right. Move for acceptance of the agenda.

Board Member

I move for acceptance of the agenda as amended.

Roy Sudler, Jr.

All those in favor signify by saying aye.

Board Member

Aye.

Roy Sudler, Jr.

Aye. All right. The agenda has been adapted. So today we're here to hear um um property maintenance code citation, Chapter 22, Buildings and Building Regulations, Article 12, Vacant Buildings, Section 22-403, Registration and Registration Fee, appeal of registration fee for the property located at 406 South Governors Avenue, and uh the representative and/or owner is John Kelly. Would you be Mr. Kelly?

Code Enforcement Officer

Just uh so you're aware uh, I've been in code enforcement for nine years, currently five years with the city of Dover. Um, this case 406 South Governors Avenue, case number 21-00004256 was opened up October 26th, 2021 by um, at that time, Code Enforcement Officer Ron Coburn, who is now retired. Um,

John Kelly

That's correct.

Roy Sudler, Jr.

Now are you the representative or owner?

John Kelly

Both.

Roy Sudler, Jr.

Both, okay. So John Kelly is here. Um, we also have um a representative from our Code Enforcement. Um, and at this time, I'll yield to who would be representing Code Enforcement, if you can say your name, position, and

Board Member

Could you say when it was opened again?

Code Enforcement Officer

October 26th, 2021.

Board Member

2021, okay.

Code Enforcement Officer

Mhm. Um, at that time, um, on November 30th, 2021 the uh vacant building registration letter was sent, including an invoice for $375. January 6th, 2022, a letter from the city clerk's office was sent to the owner, explaining that his submission for appeal was late and that the um the appeal was denied uh, I believe, for the exemption. Uh, January 18th, 2022, um per an email chain that I uh reviewed, it looks like the appeal request at that time was denied due to being submitted late. Um, so on January 18th, 2022, the $375 was transferred to customer service for billing. Uh, November 30th, 2022, the second year vacant building registration letter was sent, along with an invoice for $750. Um, December 29th, 20-

John England

Code Enforcement Officer John England. Um

City Staff

...a hand-delivered letter to the City Clerk's Office, requesting an appeal.

City Staff

January 11th, 2023, a letter from the City Clerk's Office was sent to Mr. Kelly, Mr. and Mrs. Kelly, informing them that their appeal was scheduled for January 25th, 2023, at 3:30 p.m.

City Staff

January 27th, the letter, a letter from the City Clerk's Office was sent to John and Lori Kelly informing them that the decision of the Board of Appeals was to uphold the decision of the building inspector to declare the property in its second year as vacant.

City Staff

On March 30th, 2023, Mr. Coburn transferred the vacant building fee of $750 to Customer Service for billing.

City Staff

August 30th, 2023, Mr. Coburn did an inspection and he noted that the building still appears to be vacant and secured, with active electric, no gas. A violation notice was sent for an exterior violation. He noted then in the case that he transferred the case to me being that he's coming up on retirement.

City Staff

November 30th, 2023, a third-year vacant building registration was sent, certified along with an invoice for $1,500. The letter was signed for.

City Staff

On December 13th, 2023, vacant building registration received requesting exemption due to being on the market. An active listing agreement with McGinnis Commercial Real Estate company was...

City Staff

submitted. The term of the agreement was October 16, 2023, to October 15, 2024, and at that time, an exemption was granted.

City Staff

December 30, 2024, fourth-year vacant building registration letter was sent, certified along with an invoice for $3,000.

City Staff

The certified letter was signed for by Laura Kelly. A review on realtor.com on 12/30/24 showed the property was off the market.

City Staff

January 13, 2025, a vacant building registration was turned in, requesting an exemption, and provided a listing agreement with, again, McGinnis Commercial Real Estate company.

City Staff

The contract showed the term October 16, 2024, through October 15, 2025. So at that time, an exemption was granted.

City Staff

December 1st, 2025, a fifth-year vacant building registration letter was sent, certified along with an invoice for $5,000.

City Staff

The certified letter was signed by John Kelly on 12/6/25.

City Staff

The due date was January 5th, 2026, before 5:00 p.m.

City Staff

On January 6th, 2026, the $5,000 fee was transferred over to Customer Service, being not received by the city.

City Staff

On January 21st, 2026, Customer Service billed the homeowner.

City Staff

January 30th, 2026, I received a letter from the owner along with a filled-out vacant building registration and a listing agreement from McGinnis Commercial Real Estate, pardon me, listing a

City Staff

term began as October 16, 2025 to October 15, 2026. He again was asking for a fifth-year exemption. On the same day, January 30th, 2026, I emailed Mr. Kelly stating that I was in receipt of his late filing of the vacant building registration. At this time, I was unable to issue an exemption as the registration was due back on January 5th, 2026, and it was transferred to customer service on January 26th, uh I'm sorry, January 6th, 2026. And then it was subsequently billed January 21st, 2026. Um I also advised in my email to file an appeal in writing to the City Clerk's office by February 5th, 2026. And that also stated in the email for transparency, this was the fifth consecutive year the property is vacant, and as such, for the ordinance, the property is no longer eligible for any further exemptions. On February 5th, 2026, the City Clerk's office received a request for an appeal.

Appellant

2nd of December, I guess. When when we get when they say that we signed for it, I don't believe that that it was signed for. It just was delivered in my mailbox.

Board Member

Thank you. Um so essentially we have a vacant building that's not, that hasn't been active for five years. Mr. Kelly, would you care to shed some light on that?

Appellant

Normally when we receive something like that, it just, you know, it just gets put in the mailbox.

Mr. Kelly

I I don't have anything It's up for sale. Haven't had any, any buyers. Um we try to move forward with the sale. Unfortunately, um as I stated in my appeal letter, and it's happened I I got sick. Uh had been battling

Appellant

Regardless, um they do I apologize for being late. Um, you know, I'm trying to do everything I can to sell the building. It would be a serious financial difficulty that for me to pay that fine.

Board Member

And what is the current fine?

City Staff

Well, it's not a fine. It's just a vacant building registration fee. Five $5,000.

Board Member

Registration fee.

City Staff

Fifth year. I do have a copy of it and the clerk does have it up on the computer that it was signed. I I if you want to see that, it's entered in.

Board Member 2

Yeah, we'll look into it. Could you pass that over? I did. My bad.

Appellant

Yeah, that's not my signature.

City Staff

on realtor.com, it showed apparently off the market. It may be...

Appellant

Well, there was an, also a string of emails that Mr. McGinnis was involved with. I can present that if you'd like. It just shows that there is a...

City Staff

Something about the MLS listing?

Appellant

Yeah.

Board Member 1

I believe, if I may, I believe I did see a letter from Mr. McGinnis indicating if he could verify that it was for sale, it just wasn't showing up.

City Staff

Right, when looking. And that's when I did issue the exemption that...

Board Member 1

Yeah, so I'm concerned about that.

Board Member 2

Is this a, is this a house, or is it a...

Appellant

It's a house right across from Family Court.

Board Member 2

From the Family Court.

Appellant

From the, from the parking lot. Right.

Appellant

It was my wife's. She had an antique shop in there and, unfortunately, we got custody of the kids and our grandchildren in 20... four or five years ago.

City Staff

Five years.

Property Owner

All right. It still has it still has antiques and whatnots and all that stuff in it.

Board Member 2

Yeah.

Appellant

So, she had to stop doing that. She was doing it on a part-time basis, and I guess it has to be specific hours for it to be considered not vacant. So, they wouldn't allow us to get a business license for her to do it on a part-time basis or to do it. So, all her stuff's in the shop. It's just a matter of the time that it takes for her at that time, too, and...

Board Member

I was surprised the upstairs floor—

Board Member

Yeah. Uh-huh. Basically, did uh the Downtown Partnership expressed any kind of interest in taking up the property because of the master plan?

Property Owner

No, no. I haven't heard anything.

Board Member

Nothing so basically what is there, Mr. McGinnis has it or said he has had it.

City Staff

That's correct.

Board Member

Uh, I don't want to put this on the corner for a lot of because you run into pretty good sticks for that. You know, we really don't want to publicize it. Unfortunately, what what you run into is an empty building particularly down here at this time.

Property Owner

I'm not worried about that. I mean, you know, I had I had uh squatters in my one of my other properties. Uh you know, it just down there.

Board Member

Uh, but is uh is this the last time, this is the last time that we can do this?

City Staff

This is the fifth year that he could qualify for. Next year he won't be eligible. Next year, no.

Board Member

Yeah.

Board Member

I think because it was late and because of what Mr. McGinnis said that we can again forgive him for this year, because apparently looks like it was still in the McGinnis sale for for a while, wasn't it? And it was the lateness that we were talking about, right?

City Staff

Correct. The fee—

Unidentified Speaker

was due on the 5th, and it was never presented to the city. It was out of my hands on the 6th when I sent to customer service, and then they billed it on the 20th.

Board Member

So at least if not made in time, you could have done it automatically.

Unidentified Speaker

Sure.

Board Member

Okay. That's what I want to establish.

Board Member

Anybody have any other...? Yeah. Mr. Chairman, I want to go back to this. Hello. Anybody anything else before...? Yeah.

Board Member

Okay, this $5,000, is that just per year?

Unidentified Speaker

Well now it'll be per year. It increased from 375, 750, 1500, 3000, 5000, and now every year after that is 5,000 going forward per the ordinance.

Board Member

And it's been for sale since when? How long?

Unidentified Speaker

3 years, I guess? 3 years? 13 years? Yes, sir.

Eddie Kopp

If I could, just for clarification, so you have all the information. Eddie Kopp, Chief Code Enforcement Officer for the city. In reviewing the business records, it looks like the last time they had a business license was 2022. However, the city wouldn't prohibit anyone from obtaining a business license unless it was a zoning restriction or something. We don't regulate hours.

Speaker 1

I'm, here's, not to, that was another topic, but it appears that, you know, if somebody owns a building in the city, they can't do with it what they want. You know, somebody has a hobby, I had a warehouse someplace and I have classic cars in it, I can't have those classic cars? It has to be a business that's occupied or it has to be rented to somebody?

Board Member

Well, what I'm- that's a dispute on this thing, but I was told...

Speaker 2

Well, it comes down to zoning, too, depending on what zoning, what you can do there.

Eddie Kopp

Right.

Board Member

...that she could not get a business license.

Speaker 1

Okay.

Speaker 2

So maybe zoning regulates hours. Well, on our side we wouldn't...

Eddie Kopp

Yeah, I don't know who offered that information, but I would dispute that for sure, because we don't regulate hours.

Speaker 1

That's just a merchant.

Speaker 2

So I don't think that would be regulated. I, I think where it comes down to hours, it's more detained to like industrial and when you're dealing with loud noise.

Speaker 1

Well, I guess whoever stopped by said, well, there's, you know, whenever they stopped by there's nobody there.

Speaker 2

Well, okay, but to me, it's not a

Speaker 2

Yeah, we would, we wouldn't restrict that. I mean, you can't hinder your business. If it's causing a grief to and a concern for the neighbors, like noise,

Speaker 1

Right.

Speaker 2

then most definitely. There's zoning codes that that prohibit that, but to some merchandise, there who wouldn't stop you from, so, nobody.

Speaker 3

So are they, are you all interested in trying to reopen?

Speaker 1

Well, I mean, it's her hobby, you know. I mean, she she puts stuff on for sell stuff, but now as the kids now the kids are close to school, uh

Board Member 1

You're back in business.

Appellant

Right.

Board Member 1

So, I I think I would think that you would ask that question, let's see what we can do of putting people in there and a business that would be hopefully with right across the street, that great big building that's going up, there's going to be lots of people there.

Speaker 3

So she would be interested in reopening?

Speaker 1

Definitely, that's that's correct. Yeah.

Speaker 3

How can they reopen?

Fred A. Neil

Uh, just to just to follow up on it, she if she expresses being willing then, because we can find out why she didn't get the license. I mean, the you're the betwixt and between. We can forgive you for this, again, because it was late, we're not interested in punishing you. If she wants to get the license back so that it's no longer abandoned,

Appellant

I hope so.

Board Member 2

So, so what I hear you saying is that you're if we if we both

Board Member 3

Well, if I could add one thing just because it was brought up on the record. Um, if it is vacant, it can't be used as storage. So you said there have antiques and stuff in there, all that would have to be removed from the building according to the ordinance. So you're you're in a Catch-22: either occupy it and run it as a business, or you might have to clear it out because it can't be used as storage. Am I am I right, Don, as per the ordinance?

Don

Yep.

Board Member 3

So, and the reason for that is vacant buildings with a bunch of stuff in there,

Appellant

Right.

Board Member 3

it's a fire hazard.

Appellant

Sure, absolutely.

Board Member 3

So, uh, my recommendation would be open it back up.

Appellant

Right.

Board Member 3

Because if not, everything in there is going to have to come out and it's just going to be bare walls. So, just just want to put that out there since it was brought up.

Appellant

Sure, sure. Appreciate it.

Don

And and just if I may say so, um the way we base our vacant building structure is utilities. You know, electric usage, water usage, um so if it's just minimal

Appellant

Well, an- another unfortunate thing, too, is that uh we had frozen pipes in there some years ago and the city required us to put the meter outside. And with the meter outside, uh within 8 or 10 months we get an electric bill, I mean a water bill for $500 or $600. And they're saying it's between us and

Appellant

Yeah. Or she said, well, it must be a a toilet that's running all the time and we have no leaks in the house, you know. So that's why this whole work was to show it's essentially somewhere between where the meter is, or even before the meter, I'm not sure if it's - it couldn't be before the meter because then it wouldn't register, so it had to be someplace between the meter. But all during that time of the inspection of trying to figure out where it was, there was no water coming out of the ground, all that. So that's the reason why there's no water there, and that must be because there's no water, there's no heat, and because of the baseboard hot water heat. So, um, not to get into a whole dissertation of the whole job...

Board Member 1

And if I may, if you if you do have an issue with that, you contact customer service. They can come make sure that meter is functioning properly, because it could be a meter issue. So you can always contact them, let them know what's going on.

Appellant

Okay. Well, someone sent somebody out there several times, you know, to check it, but that's Okay, I will.

Board Member 1

And another thing in that area, if you have outdoor faucets, lock lock them, because that could also be...

Appellant

No, I understand. Yeah, people could be using...

Board Member 1

Yeah. Yeah, we just want to make sure your who who services it.

Appellant

Absolutely.

Board Member 1

And and we're we're giving you all the information we can.

Appellant

I appreciate that.

Board Member 2

So, what I hear - so what I hear potentially being said, if I can interpret it a little bit, is that if we give some some time, not a full year, some time to you apply for a business license, check utilities, we can hold this in abeyance until a certain time, 90 days. What's what's the what's a reasonable time?

Appellant

Well, if I may...

Board Member 2

If that's your decision.

Appellant

Well, what I'd like to do is...

Appellant

that little bit of time, you could

Board Member

Yeah, that's what I said like

Appellant

Right. But if, but if I'm getting it if coming up, what I'm applying for here is the is the forgiveness of of the fifth year, right?

Board Member

Well,

Appellant

Um and then hopefully, by this time, by the time I have to have pay the next year's, I'll have everything squared away.

Board Member

Well, if we forgive the fifth year, there's still you're still

Appellant

I'm liable for next year.

Board Member

you're still vacant. And it's still

Appellant

Right.

Board Member

And then there's still the the what the what Chief Cop said, um that there's still the issue that there's the items in there, they're considered as storage. So there's still other little nuances that that will hinder us from completely

Appellant

Right.

Board Member

um forgiving. So again, if you It's a win-win, again, if you we we always want to find a way to help our constituents or those who choose to do business, those who choose to live, when possible. This seems like a you know there's a there's a possible solution, but this uh the acceptance of the solution is is you. The potential solution sounds to me is that you take 90 days, conversation with family, you can't dictate that, hey, um if you're going to reopen and then restore utilities, take the next steps, operate a business while, and show some usage while the building is for sale, and or or and there's this $5,000 fee. So it's kind of like weigh the you know what's the cost of doing business, and also the opportunity to continue to operate, you know,

Board Member

Go ahead, Bobby.

Board Member

Mr. Mr. Chairman, if I may?

Board Member

Yeah, you may.

Board Member

Actually, we if we forgive him for the fact that he's he's applying late and it's already for sale, he can have his year at that point so that you don't have to have time limit on him because he has the year there because we have forgiven the lateness of his appeal uh uh of filing. But it was evidence of the fact that it looks like he has been doing this sale for sale good all along. So it's just the lateness that we're forgiving, it gives him a year to come in to do that if it comes next year or there. So I I would make a motion

Board Member

Well, hold on before. But But there's two issues that's subsequent to that. And And, again, I'm just trying to help. One issue is you have a empty building with no utilities now. And then two, you have items in there that's considered storage based on what what uh Chief Copp said. So, even if we give him that year, he would have to remove the items, is that what I hear you saying? Yeah and and that's why I want to comment on is um the the financial aspects is one point, but then when it comes down to fire life safety, I would be very hesitant for the board to to rule against the code officials on that due to the fire life safety by ruling against that and allowing him to continue a full year with it being storage, we're now taking on the liability in the event something happen. So if we if we were to um remove this fee or or grant that part of the appeal, I would um I would recommend that the building be cleared within 30 days if it's not going to be returned to a business due to that fire life safety concern.

City Staff

instead of a, uh, storage being in there. Um, and unfortunately, uh, at this time our hands are kind of tied because it is a life safety concern, and it was brought up It was brought to our attention and I don't think we were aware of it being used as storage until this point. But now that we're aware of it, we have to take action against it.

Board Member 1

So is there any utilities in the building right now that are turned on?

City Staff

Just electric.

Board Member 1

Just electric.

City Staff

That's correct.

Board Member 1

So if you get a business, if you're going to get a business you have to turn everything on.

City Staff

Correct.

Board Member 1

Correct. And and you're willing to give him a year to do that?

looking at

A year to do what?

Board Member 1

To make up his mind whether he wants to turn it into...

looking at

Uh, uh, uh, I said 90 days, but, but um...

Appellant

What What would happen if I got rid of everything in there? Would I still have until next year to pay the the the $5,000 bill, though?

looking at

The The answer is, well, I'm looking at code enforcement.

City Staff

Yeah, yeah, yeah. The That's the decision of the board, but we would have to come out and inspect in 30 days to verify that it's cleared.

looking at

Right.

City Staff

Right? Um, because we have to document that. Um...

Board Member 1

Now, if he goes another year, okay, is that another five grand, or is it So it's up to 10 now?

looking at

Every Every year is five.

Board Member 1

Every It's five.

City Staff

It's It's $5,000 every year, uh, every subsequent year. So it remains at five. It doesn't go up anymore, but it's $5,000 every year it's vacant.

Board Member 1

Okay, so what I'm That's what I was My question was right now he's at five. If it's vacant for another year, is that another five?

City Staff

Yeah. Yes, yeah.

Board Member 1

So 5, 10, 5, 5...

looking at

Yeah, it stays at five. It's just five continuing, but he would have been...

Board Member

pay $10,000, because it's not like he pays $5,000 now, then $10,000 next year, and $15,000. It's the whole $5,000.

Board Member

Okay, the question that comes in my mind is if the build if it was empty, what would the building sell as opposed to

Applicant / Speaker

We're we're selling it pretty much both of the buildings as a tear-down. It's the whole corner.

Board Member

Right, right.

Board Member

And so, make the motion that it's suspended for a year if, within 30 days, that the building is cleared. Would that work?

City Staff

So, we've been, um, just for clarification,

Board Chair

A motion has been made, uh, discussion.

Board Member

Or has it been seconded?

Board Chair

No. Second. It's been seconded. The motion's been made and properly seconded, ready for discussion.

City Staff

Um, just for clarification, it's not cleared within the 30 days, is the fee reinstated, or is the fee just waived? Just just to be waived, just for clarification so we know how to proceed.

Board Member

So, did you have that, uh, Crystal?

Crystal

All right, I'm trying to—

City Staff

You can ask me. Yes.

City Staff

So, if it's not if it's not, um, if the stuff isn't removed within 30 days, it would reinstate the $5,000 fee.

Board Member

Reinstated.

City Staff

So, I'm just asking. I'm I'm pleasing.

Board Member

I'd add that. Okay.

City Staff

And and just for clarity, since we're still discussing this, um, even if that starts, the $5,000 reinstated, you will face additional citations if it's not cleared, due to it being life safety. So, even regardless of what happens at the board today, uh, since we're all noticed, it will start. It's a life safety violation, so we'll continue.

Staff Member

need to add citations, uh just to get that removed, and and protect everyone. Uh not just your business, but the other people associated or in that area. So, just wanted to clarify.

Appellant

I have another question. All right, on top of this fine, all right, if it's not cleared, is there a fine on top of that?

Staff Member

Yeah, that's what, yeah that's what he's saying.

Appellant

Uh how much would that be?

Staff Member

Um it starts at $100 and then it goes up to a $1,000.

Appellant

Is that a week, a day, a month?

Board Member 1

So it's per, probably per incident.

Staff Member

Yeah, so we we cite per month. Um but the code does state uh we could fine up to $1,000 a day, but traditionally we do every month.

Appellant

Okay.

Staff Member

Um and and the whole intent behind that is to rectify the violation. It's not to issue citations, it's to get it removed so nobody gets hurt. So that at the end of the day, that's our end game. And that's why the vacant building ordinance exists, we want to protect everyone, so.

Appellant

All right.

Board Member 1

So, go ahead.

Appellant

And you I I was looking like bit A and B uh as the options, because one of the first option you mentioned was

Appellant

getting everything back into compliance with regard to the utilities and the business, yeah. Is that still within a 30-day period that I have that...

Board Member 1

Nah, well I was going to give you 90 days because you because you got to go you got to have a conversation...

Board Member 2

...hoping that the clock starts tomorrow.

Appellant

Yeah, tomorrow. And so that's the 30 days to get rid of the stuff or the 90 days in order to get into compliance with regard to the utilities.

Board Member 1

Well, there is a motion on the table for...

Board Member 2

There is a motion on the table, so it's only one...

Board Member 2

one issue right now.

Board Member 1

Well it was it depends on he can amend his motion. He he can.

Board Member 2

There can't be two motions.

Board Member 1

No he can, no, he can amend his motion to to if you decide to go with door number one or door number two.

Appellant

Right, that's subject to my I have to talk it over with my wife.

Board Member 1

Well, so we have to have a decision.

Appellant

Oh no, I'm not arguing about that at all. I just, I'd like to have those two options if I if I could.

Board Member 1

I think we already give one right now, then...

City Staff

Yeah, due due to the the severity of it being stored in there, it's a life safety concern and it falls under fire code, which is a lot more strict. And there's a lot less leeway when it comes down to the fire code, which is why I advised the board the way I did. Nothing against you, but when it comes down to fire and life safety, it holds a lot more weight than the building code and property maintenance code, so, and that's where we're at now. And as a city official, I have to make sure we're making decisions in the best interest of the city. That's why I advised the board as such.

Board Member 2

Okay, so the way I'm reading this, he's got 90 days to make up his mind to get a business license,

Appellant

Well, I have 30 days to clear it out.

Board Member 1

Or 30 days to clear it out.

Board Member 2

clear it out.

City Staff

Well, that's not that's not what the...

Board Member 2

30 days he has has to clear it out,

Board Member 1

If he doesn't...

Board Member 2

because of the fire of because of the life safety issue.

Board Member 1

Right. If he doesn't start his business.

Board Member 2

Right. But if he gets a business license within 30 days, he doesn't have to clear it out, is that correct?

Board Member 1

Correct.

City Staff

That's that's not the motion though.

Board Member 1

Yeah, that's not the motion. We will have to amend the the motion.

City Staff

Which... So, my understanding was it the...

City Staff

the fine will be removed as long as the building's clear within 30 days. But if he, if the fines are removed and he reoccupies it in 30 days, the case is closed, so it's moot at that point. But if you would--

Board Member

Basically, so he has 30 days to make up his mind to either start--

City Staff

Either clear it out, either clear it out or reoccupy it.

Board Member

If he has a license then--

City Staff

It would still have to be occupied as a warehouse. It still has to be occupied to some--

Board Member

If he has a, if he has a business license though, you don't have to have somebody in there 24/7.

City Staff

No, no, no. Yeah, but the, the-- Yeah, the whole, the whole intent is if we're talking about once a week, you know, you got somebody in there, the whole the whole intent behind that is someone's in there, they're checking it. You know, so you're not just going to walk in the door and walk out. Like you're in there, you're maneuvering around, so if something weird's happening, you're, you're privy to it, you're aware of it, and you can prevent catastrophic damage. So that's that's the whole intent behind it.

Board Member

Does that work out for you?

City Staff

Yeah, even if you go up there one day a week, you're, you know, you can see something.

Appellant

Yeah. I will try my very best to get this thing done by the due date. One way or the other.

Roy Sudler, Jr.

is we will just

Board Member

we suspend

Roy Sudler, Jr.

suspend the the current $5,000 fine, allow him 30 days to either vacate and/or reopen the business,

Board Member

These guys are terrific. They will try to do the best they possibly can to help. We sit here all the time and they really do the best they can. Ease off if you don't hesitate to do that. In fact, what he suggested that you come to us is just a perfect example of the fact that we're not out to do damage to the people who are doing business here.

Board Member

get a license for the business.

Roy Sudler, Jr.

get a license for the business and and reopen um um the business for operation. Um how that operates is on you, [laughter] but um is that what I understand the motion to be?

Board Member

And failure to comply will reinstate the fine.

Roy Sudler, Jr.

And failure to comply within 30 days will reinstate the fine.

Board Member

All right. So, the motion on the floor...

Board Member

So, within 30 days he has to have a business license in hand. Is that what we're going with?

Roy Sudler, Jr.

Yes.

Board Member

Okay. Cool.

Roy Sudler, Jr.

Or vacate the building.

Board Member

Yeah.

City Staff

And and just for clarity, just so everybody feels better, um for a merchant license, it's over the counter. So you come in here, you get a business license, it's yours. It's not like you have to go through a full approval process and all this extra... You would you would get that license pretty fast. So, there wouldn't be no delay in obtaining one.

Appellant

All right. Good. Good.

Eddie Kopp

turned for them here. And, um, one of the best ways to do it since you don't have water is have them come turn your meter on and monitor it for a week. Whereas if you're not there, just see if any water usage comes up out and then you can dig into it deeper from there.

Roy Sudler, Jr.

All right. Um I'll um I'll call for the question. All those in favor signify by saying aye.

Board Member

Aye. Aye.

Roy Sudler, Jr.

All those opposed? Um the your you uh the appeal is awarded with the conditions thereof.

Appellant

Well, I can't read the meter.

Eddie Kopp

They can. They can. Just explain to them what you want.

Board Member

And he will get the information on those conditions?

Appellant

Deeper inside.

Eddie Kopp

Yeah, explain to them what's going on and see if They'll assist you. So they're We don't want waste water, um, so, yeah, they they'll assist you.

City Staff

Yes, we'll send him a letter.

Roy Sudler, Jr.

We'll send you a letter regarding the conditions for clarity.

Appellant

Now, you you mentioned about who do I contact about finding out if the meter is good or not?

Appellant

Okay. All right. Uh-

City Staff

Uh Customer Service.

Appellant

Customer Service? It's right out here?

Eddie Kopp

All right. Cool.

City Staff

Uh no, it's over there at five 5 East Reed Street where you pay your electric bill.

Appellant

Oh, yeah. That's why I don't know yet.

Chair

So that's done. Now where did we stand with the second?

City Staff

Um, see if online.

Chair

Okay.

City Staff

He or she is not online.

Chair

Okay. Well, with that being said...

Eddie Kopp

Sir, if I may, just a comment on number one?

Chair

All right.

Eddie Kopp

If that's agreeable. Uh, due to the age of the case, and, um, myself, Eddie Kopp, Chief Code Enforcement Officer, and Sierra Brown, um, Code Enforcement Officer, has been to the property on numerous occasions to try to assess, to try to advise, and try to assist in any way we could, uh, in order to get this property brought into compliance. But this part- or this case goes back, um, July of 2021, and originated from a citizen complaint. So due to them circumstances, I would request that the appeal be denied due to no-show of either party of interest or appellant.

Board Member 1

Albert Jones? Do you know who Albert Jones is? What that was all about?

Staff Member

All right. Oh, so that wasn't that wasn't signed by them. That's who she was naming as the character that she was describing in there. That was the name of him. So

Staff Member

most of what we've gathered has been unfounded. Uh On this, I won't go in too many details on the record, but there's some concerns that we have in addition to just the overgrowth. We have made the proper agency aware of it. Um, but

Board Member

Does anybody have anything to add to that?

Board Member

Nice doing it. Yeah.

Board Member

In that packet, there's a letter from an-

Staff Member 2

She did call yesterday. She did say she was going to try to call in, but she did also try to say she would like to reschedule, if possible. But I did want to see if what the board would say, cuz she did say she would try to call in.

Board Member 2

All right. Thank you for that information.

Staff Member 3

Um, if you would like to, obviously it's the board's decision, but if you would like to hear it today, even in her absence, I'm more than happy to present it. But, uh, again, it's the board's decision.

Board Member 2

I'm trying to look at it and there's, uh, evidence is the evidence. I mean, sometimes if we depart from that, Dan, does you have any specific questions from the presentation?

Board Member 1

No, I mean, this is the first time I think I've seen an appeal, you know, it was double, 180, 81 pages? 81 pages, and this was double that, so, and, you know, it kind of

Staff Member

And And just for clarification, so you are aware, we are at the point of abatement, which means we

City Staff

hire a contractor to go out there and remove this due to the nature of the case and the several attempts of noncompliance. The question was whether this, the interpretation of whether this was considered overgrowth of weeds or flowers, as the Dietrich family has described it, as they're just flowers. And in our opinion, it's overgrown to the point where it is affecting the quality of life for the neighbors.

Board Member

Their fence and everything all knocked down.

Chair

Now, um, I'm ready to I I, I mean, I would entertain a motion to

Board Member 1

I move to deny the request.

Board Member 2

I'll second.

Chair

Properly moved and seconded. Ready for the question? Those in favor, signify by saying aye.

Board Members

Aye.

Chair

Aye. The ayes have it. The motion carries.

Staff Member

Thank you, gentlemen.

Chair

All right. This concludes the City of Dover Construction and Property Maintenance Code Board of Appeals. Um, if there's anything else, a motion for adjournment?

Board Member 1

So moved.

Board Member 2

Second.

Chair

All right.