PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on March 15, 2005, at 12:08 p.m. with Chairman Pitts presiding. Members present were Mr. Ruane, Mr. Hogan, Mr. Truitt, and Mr. Anderson (departed at 1:24 p.m.). Mr. Slavin was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried.
Proposed Ordinance Amendments - Update of Codes - Chapter 5, Building and Building Regulations and Chapter 10, Housing and Property Maintenance
At the request of staff, members reviewed various proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance. Mr. Grant Pritchard, Chief Building Inspector, advised members that staff also recommended adoption of the latest edition of The International Property Maintenance Code, 2003 (IBC), with slight modifications. Mr. Pritchard noted that the IBC is a complete set of codes used to regulate the built environment. He also noted that the City is currently using the 1999 IBC and it is referenced throughout the Dover Code.
Mr. Ruane suggested that Section R114 - Stop Work Order - be amended to read “and no less than $1000.00 and no more than $10,000.00 . . .". and that Section 108.5 - Stop Work Order - be amended by striking “to perform” to read “. . . except such work as that person is directed to remove a violation or unsafe condition, . . .”.
Mr. Hogan moved to recommend approval of the proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance, as amended. The motion was seconded by Mr. Truitt.
Referring to Section 105.2, Work Exempt from Permit, Building - Item #1 - One story detached accessory structures, Mr. Anderson stated that he did not feel that a 24 square foot maximum was sufficient to accommodate residents who may wish to construct a small shed for bicycles, lawnmowers, etc. without obtaining a permit. Mr. Anderson moved to amend Section 105.2 - Item #1 from 24 square feet to 108 square feet, which would allow a 9-foot by 12-foot structure. The motion failed for lack of a second.
Mr. Anderson moved to amend Section 105.2, Work Exempt from Permit, Building - Item #1 from 24 square feet to 72 square feet. The motion failed for the lack of a second.
The motion to recommend approval of the proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance (Attachment #1), as amended, was carried with Mr. Anderson voting no.
Discussion - Vacant Buildings
The Downtown Dover Merchants Association requested consideration of amendments to Chapter 5 of the Dover Code with regard to vacant buildings to include the following: 1) Vacant Buildings in the BID District be subject to the same code as occupied buildings; 2) A vacant building in the BID Tax District be subject to “Vacancy Registration Fees”. There is precedent for this in Wilmington DE (Annual Registration and Vacant Building Fees, Wilmington Ordinance 03-019). Properties are deemed vacant if “No person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building (Wilmington City, Chapter Four, City Code Section 4-27,125.0(b)(1)(F); and, 3) This ordinance would be enforced by the City of Dover Planning and Inspections. Registration fees and fines could be used to fund additional inspectors for enforcement and therefore be virtually self supporting.
As a result, staff provided members with a draft outline of a possible Vacant Building ordinance modeled on the City’s existing ordinance and several ordinances obtained from other communities (Attachment #2).
Ms. Diana Welch of Bell, Book, and Candle, expressed concern with what the final definition of a “vacant building” would be, noting that the second floor of the Loockerman Exchange building is occupied; however, the first floor is vacant. She felt those situations needed to be clarified in the definition.
Mr. Galvin advised members that once the framework is determined, the City Solicitor would be requested to prepare the draft ordinance.
Mr. DePrima requested feedback on the following items for consideration when preparing the ordinance: a range of penalties, a time frame in which a building would be considered vacant, monitoring permits and fees, and property exemptions.
Mr. Slavin suggested that members carefully consider what the definition of “vacant” will be so that they do not alienate good property owners who have done everything possible to rent their properties. He also reminded members that many buildings with first floor vacancies have fully functional and occupied apartments on the floors above them. Mr. Hogan stated that he liked the examples from California and Wilmington. He noted that the ordinance would need to have penalties in order for it to be enforceable; however, it should also take into consideration those owners that are actively trying to rent their buildings. Mr. Anderson reminded members that there could be situations beyond the owners’ control, such as the property being in probate, a military owner which has been deployed, or a property which is on the market for sale. He did not feel that penalties or fees should be applicable in those situations.
Mr. Ruane moved to defer this matter for further consideration during a meeting which is dedicated to this item in order to allow time for interested parties, such as the Downtown Dover Merchants Association to participate. The motion was seconded by Mr. Hogan and unanimously carried.
Mr. DePrima suggested that the interested parties be invited to attend and that the meeting be held in the evening in order to accommodate their schedules.
Mr. Hogan moved for adjournment, seconded by Mr. Ruane and unanimously carried.
Meeting Adjourned at 1:33 P.M.
Respectfully submitted,
John W. Pitts
Chairman
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Attachments
Attachment #1 - Proposed Building Code Revisions
Attachment #2 - Vacant Building Ordinance Outline