Transcript: Construction and Property Maintenance Code Board of Appeals Meeting
Thursday, April 9, 2026
Machine transcript. Speaker names are machine-identified and can be wrong. Check the recording.
Showing 248 of 248 statements
Andre M. Boggerty
All right, good afternoon. Um this is Councilman Andre Boggerty, chair of Construction, Property Maintenance, Code of Appeals Board. Um we are, I'm calling this meeting to order of Thursday, April 9th at 3:38. Um the the agenda is set before you. I'm uh I entertain a motion to accept the agenda.
Play from 00:00Andre M. Boggerty
It's been properly moved and seconded. Are you ready for the question? All those in favor signify by saying aye.
Play from 00:22Andre M. Boggerty
Uh the motion accepted. Uh I can say the agenda um is approved. We have four items on our agenda. Um the first one that we will hear is uh Property Maintenance Code violation, Chapter 3, General Requirements, Section 302.8, Motor Vehicle citation and fines, with the address being 210 North Dover Drive. Um the representative is Simon Epifano Epifanio. Uh Mr. Epifanio is present. Um I'll yield to code enforcement, a representative from code enforcement, to present their the case.
Play from 00:27Board Chair
That's Okay. Uh, sir, is there anything you would like to say as an affirmative defense?
Play from 01:54Appellant
Yes, um, and this weekend um, when he sent the first letter out, I did not see it. It uh uh because City of Dover, all bills, they come in a similar envelope, so usually my my bill comes in a similar envelope and I don't look it because I pay it over the internet. So, it was the second one that alerted me that I had an issue because it came in a um registered mail. So, when I opened it up, I saw it, that's how I started following up on the basis that um the car is not abandoned. It just had a flat tire, and I uh uh I inflated it. Um, I have my insurance for the car. It's still tagged until uh May of this year, when I took back inspection, and the insurance is uh still on.
Play from 02:03Board Member
If if the tires were flat, I would say it was inoperative. Uh, so the evidence is if he had tires that were ready to go, that were inflated and ready to go, there would I presume there would be no problem. Is that correct?
Play from 03:33Appellant
Yes, uh that's on that. Uh, I have a photo of it of the tag, but not sure whether that's I didn't know what to do. Yeah.
Play from 03:48Code Enforcement Officer
He has repaired it, yes, since after sending the citation out. That is correct.
Play from 04:02Michael Marley
Um, well I guess you need to open all mail that comes from the City of Dover. Um, if it's now operational and tagged, I mean that's great. Un- unfortunately, that correction wasn't made before the citation went out. Is that correct?
Play from 04:12Code Enforcement Officer
Another thing that our, um, mailings are all marked "Code Enforcement" on them on the front, so they were differentiated between regular city mail.
Play from 04:33Eddie Kopp
Just for the record, Eddie Kopp, Chief Code Enforcement Officer for the City of Dover. The fine is issued for noncompliance and it is a flat rate of $100 for that initial citation. It's $100. The fine, the fines issued are up to $1,000, but this fine in particular was for $100. And if I could make note, just this case originated January 21st of 2024, and it wasn't brought into compliance and closed until yesterday, April 8th of 2024. That's why the citation was issued.
Play from 05:20Appellant
Air in the tire? Um, that was after, um, the second citation. That is that is To me, it was the first, because that's when I saw it.
Play from 05:42Board Member
Okay. Well, that Well, that was going to be my question. When the first notice goes out, does that go out that there's a fine or does it say correct it before X date?
Play from 05:56Eddie Kopp
And all of our mail, as seen on that envelope he has there, it does have a stamp on there. It either says Code Enforcement or Inspections Department. So all of our mail is clearly marked that it's coming from us.
Play from 06:15Board Member
All right. All right. When did you bring it into compliance? What date was it?
Play from 07:07Eddie Kopp
No, that's when I went back for reinspection, that's when it was, you saw it then, yes.
Play from 07:14Eddie Kopp
The sec the second notice was issued March 2nd of 2024. So it sat still. And I do see an inspection on here, inspection period of March or April 3rd of 2024, it was still not in compliance. It wasn't closed until yesterday, 4/8 of 2024.
Play from 07:26Board Member
I feel like we're kind of, you know, the rules are there, the time frames are there, uh, so, uh, uh, I don't see how we cannot enforce that. Otherwise, then do we need to extend everybody an extra, I don't know, 30 days or 60 days, whatever it is. So, uh,
Play from 07:28Board Member
It's been properly moved and seconded. Are you ready for the question? All right. Um, all those in favor, signify by saying aye. Aye. Just be the end of this. Any discussion? No discussion. The motion passes. Fortunately, the appeal, I mean, the appeal is denied, and a hundred dollar fine stays.
Play from 08:05Board Member
The pay arrangements will be You can pay upfront at customer service, I know. Uh, but, uh, Mr. Kopp, can you say the methodology of payment?
Play from 09:11City Staff
On behalf of the city, it's our recommendation to deny the appeal due to the no-show of the owner of the property. And this is in reference uh item number two for 106 Red Oak Drive, James Brooks.
Play from 09:11Eddie Kopp
Um, usually payment is due within 30 days of the last action, so 30 days from today would be the payment due date.
Play from 09:22Board Member
All right. So 30 days from today, and please, if you can, so there'll be no more
Play from 09:30Chair
Well, they're not here to defend, he or she is not here to defend themselves. Uh, the I'll entertain a motion at this time.
Play from 09:40Chair
It's been properly moved and second to deny the appeal for uh for the the matter regarding um property maintenance code violation Chapter 3 uh and and appeal of citation and related fines for the address uh 106 Red Oak Drive and the representative James Brooks. All those in favor signify by the sound, "Aye."
Play from 09:51Thomas Miller
Yes, my name is Thomas Miller, City of Dover Code Enforcement. Um so did an inspection on this property, noticed that the um registration was missing plates and that vehicle had multiple flat tires. Uh the inspection was on January 12th of 2026. Um sent out a notice on that date and did a re-inspection on February 12th. And still same condition. Nothing moved, um nothing repaired, no registration on the vehicle. And sent out the citation on that date of 2/12/26.
Play from 10:46Chair
Number three, we are here for property maintenance code violation Chapter 3, General Requirements, Section 302.8, Motor vehicles, appeal of citation and related fines for 132 West Sheldrake Circle. Uh the representative is Christine Sheppard.
Play from 10:58Appellant
Um, at the seat, my husband has, um, and my minor children, and um, he's the administrator's assistance. Um, I don't know what to do. Um, I was following the courts um, um...
Play from 11:32Chair
So so let me let me ask. Your your your hus- that was your husband's vehicle, and he passed away when, may I ask?
Play from 12:34Female Speaker
2020. Okay. So that was minor uh children. We have to follow um guidelines that tell you you can't and we also had adult children. You have these guidelines that have to follow that I can't touch um um his belongings.
Play from 12:35Appellant
I know. When he passed away, he had a house in Newark and that vehicle was on his property. And when I was appointed his administrator assistant, I had to, um, take his belongings...
Play from 12:56Female Speaker
I was appointed. But, um, when it's minor children and and separate adult children of his, um, I'm limited to what I can do. I'm not supposed to touch his estate. His um certain things I'm not supposed to touch of his. But all his bills, I'm supposed to pay.
Play from 13:04Female Speaker
I am. I had permission to take the vehicle off his property and bring it here to Delaware. And then, that was it. It expired and I took it off the street and put it in the driveway.
Play from 14:20Eddie Kopp
Um, Eddie Kopp, Chief Code Enforcement Officer for the City of Dover. In reference to vehicle registration number 3260, um, last four of the VIN 1548, this vehicle is registered to a Christine Shepherd. Um, the address of record is 132 West Sheldrake Circle. It's shown as the only owner of this vehicle, a 2001 Mercedes-Benz, a four-door sedan, black in color.
Play from 14:23Female Speaker
It's, um, fine. I was only driving my vehicle and, um, driving the Mercedes. I'm just sitting with a fear because I really can't, um, go back, but I just drive in my vehicle.
Play from 14:36Christine Shepherd
It is. I can fix anything at at any, um, level from this property in New York and I brought it here. I'm I'm I'm, um, administrator of the estate, I had to have his belongings, but until my uh my children are adults, then I can administer everything so that everything goes to them.
Play from 14:56Staff
expired 9/14 of 2025. So, according to his records, this this registration was active until 9/14/2025, and it does show under Christine Sheppard's name.
Play from 16:02Christine Shepherd
Um, when I put it on my property, I stopped the, um, registration and the insurance, as they had gifted it to Delaware.
Play from 16:06Christine Sheppard
I had got it from Delaware because it was an attorney to get my deceased husband's estates, and I they gave me the approval to to go on with the appointment to do what I had to do to get it turned over, and I did that when it expired. I moved the vehicle off the street and put it in the driveway.
Play from 16:14Eddie Kopp
Um, I did an inquiry on 3/24/2026 at 12:02 p.m. I can I can rerun it and see if anything's changed. But I am showing, um, issue date for the registration was 11/9 of 2017 and registration
Play from 16:22Board Chair
Any questions from the members of the board while I'm reading? I'm I'm doing my best to plow through.
Play from 16:56Staff
The code is specific. It says abandoned, inoperable, or wrecked vehicle. Although we're sympathetic to the the situation here, the vehicle would have to either be registered or stored elsewhere. There's nothing that grants us an exemption, which we did look at. There's nothing that grants us an an exemption with the current codes to allow the vehicle to sit there unregistered.
Play from 17:06Staff
It could be stored in the garage of the property. That would rectify the the violation.
Play from 17:33Staff
As long as it's not in public view, um it's properly stored. If it's in a garage, it would that would clear that.
Play from 17:44Christine Shepard
No, I had it um I had put it in a shop and when I got it out um like the 16th and it was even when I took it to Motor Vehicle, they said, "You have to drive the vehicle and um, you know, I guess when you don't drive it, it just deteriorated or something. It just
Play from 17:54Christine Shepard
Um, well my adult, my minor children my adult children um have said so they're coming to remove the vehicle, but I can put it in that um garage.
Play from 18:15City Staff
Yeah, I'm just showing Christine Shepard as the primary owner. I'm not seeing any trust uh information included in here. So, uh it's just showing that as the primary owner. Usually it would say trust or care of, and that's not shown on the records.
Play from 18:49Board Member 1
I think the problem is, can she put it in the garage? Is the garage open that she can put it in, and get it out of the public way?
Play from 19:36Board Member 1
Because if that can happen, I'm not inclined to fine her under the circumstances. But it hasn't been done yet.
Play from 19:47Board Member 1
So, and this is the first time I guess we have communicated specifically, if you do this, then we can waive this.
Play from 19:58City Staff
The There is a title. That's why I'm pulling I'm pulling the DMV records. Um that's how I obtain this information. It is pulling the the records from DMV, and it's showing Christine Shepard as the primary owner of the vehicle.
Play from 19:59Board Member 1
So basically, but that means that if it comes back, because they're going to look, it's really got to go into that garage fast.
Play from 20:08Board Member 2
Okay. So, can that happen like within two weeks or give me a time frame when you can get it in the garage?
Play from 20:21Appellant
I have to clean the garage out, put all these belongings into storage, and then move—
Play from 20:30Appellant
But I can put it in storage and put the, um, items, put the vehicle in the, um, garage.
Play from 20:46Board Member 2
Yeah. Yeah, so by May 1st it won't be visible from the street anymore, unless your garage door is open and that happens sometimes.
Play from 21:10Board Member 1
Yeah, I'd be okay with with giving her until the 1st of May to remove that vehicle.
Play from 21:27Chair
All right. It's been properly moved and seconded that this appeal be held in abeyance until May 1st, 2026, with the conditions of the vehicle would be removed from from the public view into the garage,
Play from 21:37Chair
into the garage or elsewhere, um um until it is properly registered and repaired and until it's properly registered and repaired, you know, um, and serviceable. All those in favor signify by saying aye.
Play from 21:57Chair
The motion carries. So, so that appeal is held in abeyance, meaning upon con upon you meeting these conditions, then you won't have to worry about it. Uh I'm pretty sure Mr. Miller or some others will be checking from time to time, okay?
Play from 22:16Board Member 1
So, you've got to hold it for 6 another 6 years before you can do anything?
Play from 23:20Board Chair
Maybe you could call Legal Aid right now. They're public... You know Legal Aid? You've heard of that? Call Legal Aid.
Play from 23:21Board Member
Yeah, they're on Walker Road. Yep, it's a free legal service. Got it. All right.
Play from 23:27Appellant
I don't know why, because for one, I was giving away stuff he had, more stuff, I gave it to his adult children, and the court said I wasn't even supposed to do that. I was supposed to hold everything until... it's confusing and, you know...
Play from 23:32City Staff
And if I if I could, well, just just for clarification, um if the vehicle is still there on May 1st, not only does this citation get reinstated, but it also opens up to for additional citations. Because you're in a very high-complaint area. So as people call in, we have to react to it. So, just want to make you aware of that.
Play from 23:32City Staff
Cannon Mills. Yeah, they're an active area. They're they're very active, so we we have to respond to that, so.
Play from 23:58City Staff
Yeah, just just to make you aware, um it could result in additional citations if it's not removed.
Play from 24:04Board Chair
All right. The now we are here for issue number four, Property Maintenance Code violation, Chapter 3, General Requirements, Section 302.8, Motor vehicles, appeal of citation and related fines for uh individual um for the address 228 Balmart Way. Uh Denise Williams is who is named, but Namil Moore is here to represent as he identifies the vehicle as his vehicle. Now I understand there may be something we need to go off the record for?
Play from 24:14City Solicitor
So, I'm just going to ask, is there a power of attorney for him to act on behalf of the owner, because this goes against the owner of the property and I'm...
Play from 24:50City Staff
Although he's the vehicle owner, he cannot represent the owner without a power of attorney.
Play from 24:57Appellant
This is my grandma's, but she... I have... she can hear, but I didn't know she had to...
Play from 25:07City Staff
Yeah, she would have to be here, cuz even though it's your vehicle, it's her property, and the violation's against the property.
Play from 25:16Board Member
With this why he's calling for the misunderstand of the representation, is this one that someone showed up that can be rescheduled?
Play from 25:59Board Member
this appeal has been resolved, so. It's not like in compliance with everything, so.
Play from 26:44Code Enforcement Officer
And he, yeah, he called me, um, after he got the citation and we talked and I said, you know, it had flat tires on it, that's what, that was basing the abandoned vehicle portion. Then he said, I'll take care of it today and the next day I went out and it was taken care of. Car registered and insured. So, I'm good.
Play from 26:57Board Member 2
But it would have been more than 30 days after the original notice was sent?
Play from 27:18Code Enforcement Officer
Yeah, he, he had the, the tag. He didn't call me to talk about what the registration or what the vehicle was abandoned for until after he got the citation. He had already taken a step to, um, update, update the registration for the vehicle.
Play from 27:28Code Enforcement Officer
the repair has been done at the time the citation was issued, it was in violation.
Play from 28:31Board Member 1
In other words, that first letter went out, and then the second letter went out. Is that when he contacted you?
Play from 28:38Board Member
So Code Enforcement, what's the pleasure based on the testimony of your...
Play from 28:38Code Enforcement Officer
So I had originally wrote up the property for two things: the abandoned, unregistered vehicle on the property, and then the display address numbers were missing on the house. So the house was not numbered 228 for the street. Okay. That was repaired at the second inspection. The plates were the same because they're Pennsylvania tags, they don't have anything on them, and the tires were flat. So...
Play from 28:45City Staff
I would be inclined to reschedule unless you wanted to move forward anyway based on Code Enforcement's side, but it doesn't give a defense to the, the homeowner.
Play from 28:48Board Member 3
We just think it's the best to reschedule, right? Yeah, we'll wait for him.
Play from 29:23City Staff
That would be my recommendation, because they can't they can't do a a defense, right? It will be impartial, too.
Play from 29:28Board Member 3
All right. Well, based on So we don't even have Do we have to make I move that we we reschedule this appeal and we with uh instructions to tell to tell the individual Denise Williams that the her presence is required to be here.
Play from 29:37Speaker 1
No, she would be here, but she's just she's just a little older, so it's kind of hard for her to move, and she was going to leave the house today.
Play from 30:23Board Member 1
Right. That's why I said that like you can still come on her behalf, she can authorize you to be here, and then she can, as long as she calls in to hear that.
Play from 30:29Staff Member
It's not It's not considered for testimony, but you can I can't stop you from...
Play from 30:39Board Member 1
Motion properly moved and seconded. All in favor, signify by saying aye.
Play from 30:43Code Enforcement Officer
Yeah, and I think just just for clarification, she can call in. So, she doesn't necessarily have to be here.
Play from 30:51