SPECIAL MEETING
April 29, 1957
The recessed meeting of April 22, 1957 reconvened at City Hall at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs. Carroll, Hayes, Mundy, Tischer, Turner and Zartman.
MINUTES
Minutes of the recessed meeting were accepted as read.
REPORTS
Budget report for March was accepted as read.
Ambulance report for March was accepted as read.
INSURANCE
Charles Hardesty, broker of record, appeared before Council to discuss insurance coverage on machinery breakdown and boiler explosion. On motion Mr. Tischer, seconded by Mr. Hayes, Council authorized blanket coverage on a combined Boiler and Machinery policy, with electric motors of 15 HP and less excluded, and transformers excluded. The limit if coverage per accident were set at $500,000 at the power plant, $25,000 at City Hall, and $25,000 at the Incinerator and Sewage Plant.
CURB HEARINGS
Council resumed hearing on the installation of curb and gutter. The remaining item was the consideration of curb and gutter installation on Ross Street from State Street to Fairview Avenue. A written petition was received from property owners objecting to the installation. Twelve signers had appeared on the petition, but four property owners withdrew their names thus leaving eight objectors of the total of nineteen property owners concerned. A majority did not oppose the project.
On motion of Mr. Tischer, seconded by Mr. Mundy, Council by unanimous vote adopted the following resolution:
A RESOLUTION PROVIDING FOR THE INSTALLATION OF CURBS AND GUTTER ON BOTH SIDES OF ROSS STREET FROM NORTH STATE STREET TO FAIRVIEW AVENUE AND FIXING THE COST THEREOF TO BE BORNE BY ADJOINING OWNERS
WHEREAS the Council of The City of Dover has held a meeting on Monday, April 22, 1957, at 8:00 P.M. Eastern Standard Time at the City Hall, in accordance with a resolution adopted April 8, 1957, and duly published in accordance with the Charter; and
WHEREAS all interested property owners and other residents of the City have been heard, and a written objection signed by a majority of the property owners affected has not been presented; Now Therefore
Be It Resolved By The Council Of The City Of Dover:
Section 1. Concrete curbs and gutters shall be installed along both sides of Ross Street from North State Street to Fairview Avenue in The City of Dover in front of the properties of the owners named in the published resolution of April 8, 1957.
Section 2. The full cost of the said concrete curbs and gutters shall be borne by the owners of real property in front of which the same shall be installed in proportion to the lineal frontage of their properties, and the said cost shall be ascertained and collected in accordance with the provisions of Section 28 (b) of the Charter of the City of Dover.
Adopted April 29, 1957
Approved:
Clerk of Council Mayor
ORDINANCE
Council debated the proposed ordinance providing for the regulation and inspection of multiple occupancy dwellings and public gathering places. The Fire Chief, and the President and other members of the Robbins Hose Company appeared before Council to speak in favor of the ordinance.
On motion of Mr. Holpp, seconded by Mr. Turner, Council passed the following ordinance by vote of 6 to 1, Mr. Zartman voting No.
AN ORDINANCE PROVIDING FOR THE REGULATION AND INSPECTION OF MULTIPLE OCCUPANCY DWELLINGS AND PUBLIC GATHERING PLACES IN THE CITY OF DOVER, THE ISSUANCE AND SUSPENSION OF PERMITS FOR SUCH BUILDINGS, APPEALS TO COUNCIL, AND PENALTIES FOR VIOLATIONS.
Be It Ordained By The Council Of The City of Dover:
Section 1. Definitions.
As used in this ordinance the following words and phrases shall have the meanings indicated:
“Multiple occupancy dwelling” shall mean a building designed for or devoted to providing sleeping accommodations for persons other than the owner, his immediate family and guests, and shall include all hotels, motels, apartment houses, tourist homes, rooming houses, lodging houses, dormitories, hospitals, nursing homes and rest homes;
“Public gathering place “shall mean a building designed for or devoted to accommodating gatherings or congregation of people for common purposes, such as entertainment, instruction or religious worship, whether or not an admission charge is required, and shall include all theaters, auditoriums, schools, churches and club-houses;
“Operate” shall mean to own, lease, manage or supervise a building and to permit the use occupancy dwelling or public gathering place as herein defined.
Section 2. Permits; issuance, suspension and display.
(a) The owner or operate of any multiple occupancy dwelling or public gathering place in The City of Dover shall obtain from the City Clerk an annual permit upon application therefore and payment of One ($1.00) Dollar. Such a permit shall be valid from the first day of April to the thirty-first day of March of the following year unless suspended by the Building Inspector for due cause.
(b) The Building Inspector may suspend any such permit if he shall find, either upon annual inspection or at some other time, any violation of this ordinance or other fire hazard or dangerous condition which renders the building unsafe. He shall notify the City Clerk of such suspension and if possible remove the written permit from the premises. He shall also notify the owner or operator of the building of the suspension by serving a written notice thereof either personally or by certified mail. Suspension shall last until the defects or hazards for which it is imposed are corrected.
©) The owner or operator of a multiple occupancy dwellings or public gathering place shall display the permit therefor at all times in a prominent position near the main entrance of the building.
Section 3. Appeals to Council; hearings; stay pending hearing
(a) Any owner or operator of a multiple occupancy dwelling or public gathering place whose permit is suspended by the Building Inspector shall have the right to appeal to the City Council by serving a written notice of appeal upon the City Clerk within 5 days of the receipt by such owner or operator of notice of the suspension. Said notice of appeal shall designate the building involved and the order of suspension appealed from and shall also contain a post office address to which notice of the hearing on appeal may be mailed. Said appeal shall be heard by the Council at a regular or special meeting thereafter, and the City Clerk shall mail to the appealing owner or operator a written notice of the time and place of said hearing at least 5 days before the date thereof.
(b) At the hearing of any such appeal the Council shall hear all the evidence offered by the Building Inspector and by the appealing owner or operator and shall thereupon decide by majority vote whether the suspension ordered by the Building Inspector shall be effective.
©) any suspension of a permit ordered by the Building Inspector shall be stayed as of the day of its issuance upon the serving of a notice of appeal upon the City Clerk as aforesaid and shall remain in abeyance until the appeal is decided by the Council.
Section 4. Inspections
The Building Inspector or an inspector appointed by him shall annually inspect every multiple occupancy dwelling and public gathering place in The City of Dover for fire hazards and for adequate and suitable means of egress. The Building Inspector and his inspectors shall also make such other inspections as he shall deem necessary or advisable. Every multiple occupancy dwelling and public gathering place shall be open to such inspections at all reasonable times.
Section 5. Regulatory provisions.
(a) Every public gathering place shall have at least two means of egress from each floor where gatherings or congregations of people are or may be accommodated.
(b) Every multiple occupancy dwelling shall have at least two means of egress readily available to every occupant.
©) Every multiple occupancy dwelling in which 2 or more families or more than 3 persons live above the first floor shall be provided with outside fire escapes of adequate design and construction with access thereto from each floor above the first.
(d) Every multiple occupancy dwelling and public gathering place shall have suitable fire extinguishers places at appropriate locations.
(e) Every multiple occupancy dwelling and public gathering place shall have a central heating plant located in the basement, in an outbuilding separated from the main building, or at a place approved by the Building Inspector.
(f) The exterior doors of every multiple occupancy dwelling and public gathering place with accommodations for 6 or more persons shall open outward.
Section 6. Offense and penalties.
(a) No person shall operate any multiple occupancy dwelling or public gathering place in The City of Dover unless an unsuspended permit therefore has been issued and is still in effect in accordance with provisions of this ordinance. Each day of the operation of such a building in violation of this section shall constitute a separate offense for which a separate charge may be brought and a separate penalty imposed.
(b) Any person convicted of a violation of this ordinance shall fined not less than Ten ($10.00) Dollars nor more than One Hundred ($100.00) Dollars or, in default of the payment of such fine as shall be imposed, imprisoned for not more than thirty (30) days.
Section 7. Effective date; applicability
(a) This ordinance shall be effective May 1, 1957.
(b) The regulatory provisions of Section 5 shall be applicable in full and according to their terms to every building which shall after the effective date of this ordinance be erected, constructed or converted for use as a multiple occupancy dwelling or public gathering place.
©) With respect to any building which has before the effective date of this ordinance been erected, constructed or converted for use as a multiple occupancy dwelling or public gathering place, the Building Inspector may in his discretion excuse strict compliance with the said regulatory provisions of Section 5 for a reasonable time not later than May 1, 1958.
Passed April 29, 1957.
Approved:
Clerk of Council Mayor
LATEX CONTRACT
City Manager Ward reported that Latex had submitted to the City a proposed contract covering electric service to be furnished their plant near the railroad but that its provisions had not been acceptable. A proposal by the City had been drawn up and submitted to that corporation for acceptance.
ANNEXATION COMMITTEE
Councilman Holpp stated that the Annexation Committee had no further action to report and requested that its activity be discontinued and the problem be referred to the Legislative Committee for action or preparation of a bill similar to HB 488, submitted at the last session of the Legislature. On motion of Mr. Carroll, seconded by Mr. Tischer, Council approved the request and referred the matter to the Legislative Committee.
Council recessed and met in executive session.
Council adjourned at 11:55 P.M.
F. Neylan
City Clerk