REGULAR COUNCIL MEETING
The Regular Council Meeting was held on October 28, 1996 at 7:30 p.m. with Council President Christiansen presiding. Council members present were Mr. Lambert, Mr. Pitts, Mr. Leary, Mr. Truitt, Mrs. Malone, Mr. Fenimore, Mr. Salters and Mr. Hare.
Council staff members present were Major Faulkner, Mr. Lucas, Mr. O'Connor, Mr. DePrima, Chief Carey, Mrs. Boaman and Mr. Rodriguez.
OPEN FORUM
The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Christiansen declared the open forum in session and reminded those present that Council is not in official session and cannot take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Reverend Mildred Williams, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS
Mr. Fenimore moved for approval of the agenda, seconded by Mrs. Malone and unanimously carried.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 14, 1996
The Minutes of the Regular Council Meeting of October 14, 1996 were unanimously approved by motion of Mr. Salters, seconded by Mr. Leary and bore the written approval of Mayor Hutchison.
PRESENTATION - BECAUSE WE CARE II - CITY OF DOVER YOUTH OFFICERS
Officers of the City of Dover Police Department, Youth Division, were presented awards by Because We Care II. Representing Because We Care II were Reverend Gloria Cherry, Director, Mr. Donald Merchant, Administrative Assistant, and Mr. Lacy Myers, Principal of the Because We Care Alternative Education Program. Mr. Myers explained that they serve five school districts for students that have been suspended or expelled from their school, pursuant to H.B. 85 and 247. The success of the program is linked directly to efforts of their volunteer tutors, mentors, dedicated staff and the officers being honored this evening. Mr. Myers noted that Major Keith Faulkner is Vice-Chairman of the Board of Directors and he extended appreciation for the participation of Major Faulkner.
Mr. Myers stated that Officers Mike Harmon, Ralph Taylor and Sandra Smetana have extended an enormous amount of assistance to their organization. All three officers were presented with a plaque for their "untiring efforts and genuine concern for the health and welfare for the children of this school, we hereby present you with this award as a token of our appreciation. You represent the highest tradition of law enforcement and professionalism." In the absence of Officer Smetana, the award was accepted on her behalf by Officer Harmon.
A special award was presented to Officer Mike Harmon for going above and beyond the call of duty in his assistance to their program.
Mayor Hutchison relayed his appreciation for the recognition of the City of Dover Police Officers. He stated that the Because We Care Program has been very effective and he offered his continued support on behalf of the citizens of Dover.
LEGISLATIVE AND FINANCE COMMITTEE
The Legislative and Finance Committee met on October 14, 1996 with Chairman Salters presiding.
Proposed Amendments to Ordinances Regulating Abandoned Vehicles on Private Property
During their meeting of September 23, 1996, members considered a letter, from Mr. Roy Bogus of 229 Frear Drive, concerning abandoned vehicles on private property. It was suggested that an ordinance be drafted that would prohibit vehicles from being parked in driveways or in back yards if the tags on the vehicle had expired within three months. This matter was referred to staff for their review and recommendation on proposed solutions.
Based on the discussion that occurred during the previous committee meeting, staff presented members with proposed amendments to Section 13-37 of the Dover Code, regarding wrecked, non-operating, or improperly equipped vehicles. Staff recommended approval of the proposed amendments which will accomplish the following:
a)Adds a prohibition on the keeping of unregistered or uninspected vehicles on property greater than ninety (90) days.
b)Clarifies the existing text by adding stripped vehicles and vehicles that are in such disrepair as to render it unable to operate legally on a public street to the list of prohibitions.
c)Establishes provisions for the Department of Inspections to extend the ninety (90) day limited period for keeping operating, uninspected and unregistered vehicles on property.
d)Clearly establishes that vehicles cannot park in front, side and rear yards unless in approved driveways, carports, garages and parking pads.
The committee recommended approval of the proposed ordinance amendment to Section 13-37 of the Dover Code, subject to the review by the City Solicitor.
Utilizing the consent agenda format, Mr. Salters moved for approval of the committee's recommendation, seconded by Mrs. Malone and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting).
Mr. Salters moved for acceptance of the Legislative and Finance Committee Report, seconded by Mrs. Malone and unanimously carried.
UTILITY COMMITTEE REPORT
The Utility Committee met on October 14, 1996 with Chairman Lambert presiding.
Request for Abandonment of Unimproved Portion of Jefferson Terrace (David Melvin and Lana Terry)
A request was received from Mr. David Melvin, 1008 Monroe Terrace, and Ms. Lana Terry, 1102 Monroe Terrace, for abandonment of an unimproved portion of Jefferson Terrace. They indicated that they have been maintaining the property for approximately 40 years and that the City does not seem to have any particular use for the property.
After careful review and discussions with adjacent property owners, staff recommended denial of the request. Mr. O'Connor explained that abandonment of the public right-of-way would restrict access to two lots owned by Mrs. Lois Schwartz. There are additional lots that would also be denied frontage to a public street and could not be developed. Mr. O'Connor advised members that this same request was made by Mr. Cornelius Melvin and considered by City Council on April 12, 1982. At that time, Council denied the request since abandoning that portion of Jefferson Terrace would landlock the Schwartz properties and that the street may be needed for future water and sewer lines. This approval stipulated that Mr. Melvin be permitted to continue use of that unimproved portion of Jefferson Terrace until such time as it is needed by the City.
Responding to Mr. Lambert, Mr. O'Connor indicated that should any of the lots be developed in the future, the unimproved public right-of-way would be needed to provide frontage to a public street. The burden to improve the public right-of-way would be on the developer.
Mr. Hare referred to the letter submitted by Mr. Melvin and relayed concern with a property owner being required to maintain City owned property. Mr. O'Connor explained that all streets have rights-of-ways that border a property owner's front yard, which they maintain; however, the land is actually owned by the City.
Ms. Lois Schwartz advised members that she is the owner of the properties that would be landlocked if the request for abandonment was approved. She stated that the right-of-way is the only access to her lots. Since these are large lots, it is necessary to have the grass mowed by a tractor. If the request for abandonment is approved, Ms. Schwartz relayed her concern with the inability to have the grass mowed. She also expressed concern with devaluation of her properties if the frontage to the properties is eliminated.
Mr. David Melvin, 1008 Monroe Terrace, indicated that the person that mows the grass on Ms. Schwartz' lots currently accesses the vacant lots from her property off of Monroe Terrace. He advised members that the request for abandonment was submitted upon being advised of a low income housing project proposed for the vacant lots. Mr. Melvin noted that he owns property on both sides of the unimproved portion of Jefferson Terrace, which he feared would be improved to provide street access to the new housing project. He stated that he is not concerned with maintaining the right-of-way, but is concerned with it being improved.
On a call for the question by Mr. Fenimore, the motion to recommend denial of the request for abandonment of the unimproved portion of Jefferson Terrace was unanimously carried.
The committee recommended denial of the request for abandonment of the unimproved portion of Jefferson Terrace.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Annexation/Rezoning Request - 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway - Calvary Church of the Nazarene
An annexation and rezoning request was received from the Calvary Church of the Nazarene for properties located at 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway. The properties are currently zoned RS (Residential Single Family) and BG (General Business) and are used for a church, office building and vacant land. The proposed use is for an individual retail store.
The City Planner, Mr. DePrima, explained that to the northeast, east and southeast are commercial properties along the Route #13 corridor. The properties across Route #13 are in the City and zoned C-4, while those on the same side as the proposed annexation are in the County and zoned BG. To the southwest and west across S. Governors Avenue are residential properties in the County zoned RS-1 (Single Family Residential). Immediately to the north along S. Governors Avenue are a mix of residential and commercial properties in the County and zoned BG. Mr. DePrima stated that the 1996 Comprehensive Plan designates properties in the Route #13 Corridor for Highway Commercial zoning and that the Interim Annexation Policy considers the property in an area desirable for annexation due to its close proximity to City services. The property is located within a larger area of unincorporated property that forms a "peninsula" surrounded on three sides by land incorporated in the City.
Since the proposal is consistent with the Comprehensive Plan, the Interim Annexation Plan and is compatible with most of the surrounding land uses, the Planning Commission recommended approval of the annexation with a zoning classification of C-2A (Limited Commercial). Mr. DePrima noted that the original zoning classification requested for the property was C-4 (Highway Commercial). However, after hearing the concerns of surrounding property owners who were concerned that the C-4 zone would permit certain uses that were undesirable such as used car lots, fast food drive through restaurants and contractor yards, the Planning Commission determined that the C-2A zone would be more appropriate.
Mr. DePrima stated that DelDOT recently performed a traffic analysis regarding the proposed development and determined that the traffic that would be going to and from the proposed retail establishment would not be significant; therefore, a traffic impact study will not be performed. According to DelDOT, this type of development does not draw people to the site and it is felt that the majority of the users will be "drive by traffic" (those already travelling in this area). He stated that DelDOT is more concerned with the way traffic will enter and exit the development. This issue will be considered during site plan review. Mr. DePrima noted that the land could be developed in the County as currently zoned. By approving the request for annexation, the City will play a more important role with regards to site design, traffic issues, etc.
The committee recommended approval of the Planning Commission's recommendation for annexation of properties located at 1351 & 1361 S. Governors Avenue and 1560 S. DuPont Highway, with a zoning classification of C-2A (Limited Commercial).
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore. Mr. Lambert explained that he voted in opposition to the request at the committee meeting due to concerns for traffic in the area. However, he has changed his position and will support the request as he feels that annexation into the City will afford the City more control than if the property were developed under the rules and regulations of Kent County.
Mr. Fenimore stated that he also shares Mr. Lambert's traffic concerns but is hopeful that the improvement project of DelDOT from Webbs Lane south will remediate some of the anticipated problems.
The motion to approve the request for annexation and rezoning was unanimously carried. (It is noted that the annexation referendum is set for October 31, 1996 and the rezoning public hearing is scheduled for November 12, 1996.)
Electric Rate Classification Revisions
The development of open access to transmission facilities and retail wheeling have made it imperative that our electric rates remain competitive. These revised rates will be used for small and medium commercial and industrial customers. Mr. O'Connor explained that by implementing these rates, we will remain competitive with area utilities. The revisions will diversify the current rate structures and address classifications to the type of consumption and use by customers. The proposed revisions would change the Commercial and Industrial Service Classification to Small and Medium Commercial Service Classifications.
It is estimated that the revisions will cost the City approximately $900,000 per year. Mr. Lambert reminded members that a part of the original plan in signing the contract with Duke/Louis Dreyfus was to review all electric utility rates. The City needs to maintain competitive utility rates with other area utilities, otherwise, we will begin to lose customers and revenues. Mr. O'Connor estimated that retail wheeling will become a reality in Dover in the year 1998.
Mr. Christiansen noted that although the City may first experience a loss with adoption of the new rate classifications, the City will ultimately gain by maintaining competitive utility rates. He stated that the reduction in our rates is necessary for economic development so that new businesses will come to the area and our existing customers will remain.
The committee recommended approval of the Electric Rate Classification Revisions, as recommended by staff.
Mr. Lambert moved for approval of the committee's recommendation, seconded by Mr. Fenimore and carried by a unanimous roll call vote.
Mr. Lambert moved for acceptance of the Utility Committee Report, seconded by Mr. Hare and unanimously carried.
SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY
Per Section 7-18 of the City Code, City Manager, James O'Connor, met with the Fire Chief to discuss fire company issues. The following points were noted during the on-site visit:
1. An average of 32 volunteers are presently responding.
2. Recruitment of volunteers has been good.
3. Fund raising is beginning. It is felt that last year's attempts were successful.
4. President Collison has received notice from the Kent County Volunteer Association that the state organization is working on a leveling-up program. This is an attempt to get more funding for the Kent and Sussex counties' fire companies through state funding.
The City Manager reported that it appears that Robbins Hose Company is still providing quality fire protection to the City of Dover.
Mr. Fenimore moved for acceptance of the reports as submitted by the City Manager, seconded by Mrs. Malone and unanimously carried.
APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION
The Robbins Hose Company election is scheduled for November 18, 1996. The following persons have been recommended to serve as judges for the election:
1. Jack Mitchell 2. John McCoy 3. Robert Collison (Alternate)
Mr. Hare moved for approval of the appointment of judges as recommended, seconded by Mrs. Malone and unanimously carried (with Mr. Christiansen not voting).
MONTHLY REPORTS - SEPTEMBER 1996
By motion of Mr. Salters, seconded by Mr. Leary, the following monthly reports were accepted:
Chief of Police Report
City Assessor Report
City Clerk/Alderman Report (Fines)
City Manager's Report
Mayor's Report
General Fund, Cash Receipts & Budget Report
Water/Sewer Fund, Revenue & Budget Report
Electric Revenue Fund, Revenue & Budget Report
Improvement and Extension Fund, Cash Receipts & Budget Report
Internal Service Fund, Revenue & Budget Report
Referring to the Planning and Inspections Report, under Community Development Block Grants - Ruth Dorsey Shelter, Mr. Salters asked if funds are not spent for a particular project if the City has the discretion to move the funds to another qualifying project. Mr. DePrima stated in the affirmative, explaining that the Ruth Dorsey project originally included expansion of the shelter and renovation of the kitchen. However, when estimates were obtained, it was felt that there would only be enough funds for the expansion project. Since there were carry over of monies from the expansion project, the remaining funds will be used to help defray costs of the kitchen renovations.
Referring to the required survey for HUD, Mr. Fenimore asked the status of the project. Mr. DePrima stated that HUD has approved the methodology of the survey and Inspections employees have already started the survey process. They plan to survey 200 households in the target block area. It is expected that the process will not take a long period of time and that HUD will respond quickly.
Mr. Salters moved for approval of the Planning and Inspections Report, seconded by Mr. Leary and unanimously carried.
FIRST READING - PROPOSED ORDINANCE
Mr. Salters moved to waive the reading of the proposed ordinance before Council, seconded by Mr. Leary and unanimously carried. Council President Christiansen reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of November 12, 1996.
Mr. Salters moved for acknowledgement of the first reading of the following proposed ordinance, by title only, seconded by Mr. Leary and unanimously carried:
SECTION 13-37. WRECKED, NONOPERATING OR IMPROPERLY PARKED OR IMPROPERLY EQUIPPED VEHICLES
FINAL READING - PROPOSED ORDINANCES
The First Reading of the following proposed ordinances was accomplished during the Council Meeting of October 14, 1996.
Mr. Salters moved that the final reading of the proposed ordinances be acknowledged by title only, seconded by Mr. Leary and unanimously carried.
Mr. Leary moved for adoption of the following ordinances, seconded by Mr. Fenimore and carried by a unanimous roll call vote:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article IV of the Dover Code be amended by deleting Section 2-99 in its entirety and replacing in lieu thereof the following:
Sec. 2-99. Power to dispose of excess property.
Except as otherwise provided and upon approval of City Council, the City Manager is hereby authorized to sell or dispose of excess property.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-86, "Dangerous Buildings defined", in its entirety and inserting in lieu thereof the following:
Sec. 5-86. "Dangerous buildings" defined.
All buildings or structures which have any or all of the following defects or uses shall be deemed dangerous buildings:
(a) Those whose 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.
(b) Those which, exclusive of the foundation show thirty-three (33) percent or more of damage or deterioration of the supporting member or members, or fifty (50) percent of damage or deterioration of the non-supporting enclosing or outside walls or covering.
(c) 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.
(d) 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 of Dover.
(e) Those which have become or are so dilapidated, decayed, unsafe, insanitary or which 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.
(f) 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.
(g) Those having inadequate facilities in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication.
(h) Those which have parts thereof which are so attached that they may fall and injure members of the public or property.
(i) Those which because of their condition or use are unsafe, insanitary, or dangerous to the public health, morals, safety or general welfare of the people of this city.
(j) Those buildings 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.
(k) Those buildings 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 psycho-active drugs, cannabis, cocaine and all controlled substances as defined in the Delaware Uniform and Controlled Substance Act.
(l) Those buildings which are left unoccupied and unattended for periods of three month or more such that decay is being accelerated by natural or man-made causes or which may be attracting trespassers and vagrants increasing the probability of fire and danger to human life.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-87, Standards for Repair, Vacation or Demolition, in its entirety and inserting in lieu thereof the following:
Sec. 5-87. Standards for repair, vacation or demolition.
The following standards shall be followed in substance by the building inspector in ordering repair, vacation, or demolition:
(a) If the dangerous building can reasonably be repaired so that it will no longer exist in violation of the terms of this section it shall be ordered repaired.
(b) If the dangerous building is in such condition or being used as 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 re-opened until a Certificate of Occupancy is issued.
(c) In any case where a dangerous building is fifty (50) percent damaged or 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 as determined by the fire marshal, or is existing or erected in violation of the terms of this article or any ordinance of the city or statute of the State of Delaware, it may be demolished.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-88, Dangerous Buildings Declared, in its entirety and inserting in lieu thereof the following:
Sec. 5-88. Dangerous buildings declared.
All dangerous buildings within the terms of section 5-86 of this article are hereby declared to be public nuisances, and shall be repaired, vacated and closed or demolished as hereinbefore and hereafter provided.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-89, Duties of Building Inspector, in its entirety and inserting in lieu thereof the following:
Sec. 5-89. Duties of building inspector.
The building inspector shall:
(a) Inspect or cause to be inspected semiannually, all public buildings, schools, halls, churches, theaters, hotels, tenements, 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 5-86 of this article.
(b) 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 ordinance.
(c) 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.
(d) Inspect such other buildings as shall from time to time come to his attention as possibly dangerous buildings within the terms of section 5-86.
(e) 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 Kent County, of any building found by him to be a dangerous building within the standards set forth in section 5-86 of this article, that:
(1) The owner must vacate and close, or repair, or demolish said building in accordance with the terms of the notice and this article;
(2) The occupant or lessee must vacate and close said building or may have it repaired in accordance with the notice and remain in possession;
(3) The mortgagee, agent or other persons having an interest in said building as shown by the land records of the recorder of deeds of Kent County may at his own risk repair, vacate and close, or demolish 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 thirty (30) days, as may be necessary to do, or have done, the work or act required by the notice provided for herein.
(f) Set forth in the notice provided for in subsection (e) 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 thirty (30) days, as is reasonable.
(g) Report to the council any noncompliance with the notice provided for in subsections (e) and (f) hereof.
(h) Appear at all hearings conducted by the council and testify as to the condition of dangerous buildings.
(i) Place a notice on all dangerous buildings reading as follows:
"This building has been found to be a dangerous building by the building inspector. 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 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."
(j) Carry out all orders of Council to cause the repair, vacation and closure, or demolition the dangerous buildings pursuant to Section 5-90. In causing the vacation of the dangerous building the building inspector may order city utilities to be disconnected. In causing the closure of dangerous buildings the building inspector may direct the removal from the building all furniture, equipment and other personal property left by vacated occupants.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-90, Hearing before Council, in its entirety and inserting in lieu thereof the following:
Sec. 5-90. Hearing before council.
The council of the City of Dover shall:
(a) Upon receipt of a report of the building inspector as provided for in section 5-89, subsection (g) hereof, 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 Kent 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 building inspector's notice provided for herein in section 5-89, subsection (f).
(b) Hold a hearing and hear such testimony as the building inspector or the owner, occupant, mortgagee, lessee, or any other person having an interest in said building as shown by the land records of the records of the recorder of deeds of Kent County shall offer relative to the dangerous building. Hearings relative to reported dangerous buildings as defined in Section 5-86(k) shall include the testimony of the City of Dover Police Chief who may submit arrest records, compliant records, and affidavits relative to the property as evidence for the hearing.
(c) Make written findings of fact from the testimony offered pursuant to subsection (b) as to whether or not the building in question is a dangerous building within the terms of section 5-86 hereof.
(d) Issue an order based upon findings of fact made pursuant to subsection (c) 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 Kent 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 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 Kent 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 (e) hereof.
(e) If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (d) hereof, within ten (10) days, the council shall 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 5-89, 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.
(f) Report to the city solicitor the names of all persons not complying with the order provided for in section 5-90, subsection (d) hereof.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-91, Violations; penalty for disregarding notices or orders in its entirety and inserting in lieu thereof the following:
Sec. 5-91. Violations; penalty for disregarding notices or orders.
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 a minimum of one hundred dollars ($100.00) for each offense. Each day such failure to comply continues shall constitute a separate offense punishable as herein provided.
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 a minimum of one hundred dollars ($100.00) for each offense. Each day such failure to comply continues shall constitute a separate offense punishable as herein provided.
Any person removing the notice provided for in section 5-89, subsection (i) hereof shall be guilty of a misdemeanor and upon conviction shall be fined not exceeding one hundred dollars ($100.00) for each offense.
ADOPTED: October 28, 1996
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That Article VI, Dangerous Buildings, of the Dover Code be amended by deleting Section 5-92, Duties of the City Solicitor, in its entirety and inserting in lieu thereof the following:
Sec. 5-92. Duties of the city solicitor.
The city solicitor shall:
(a) Prosecute all persons failing to comply with the terms of the order provided for in section 5-90, subsection (d).
(b) Appear at all hearings before the council in regard to dangerous buildings.
(c) Bring suit to collect all municipal liens, assessments, or costs incurred in repairing or causing to be vacate