SPECIAL MEETING
February 28, 1955
A special meeting of City Council was held Monday, February 28, 1955, at 7:30 P.M. with Mayor Haman presiding. Councilmen present were Messrs. Biddle, Davis, Helm, Holpp, Mundy, Petty, Tischer and Zartman.
MINUTES
Minutes of the last regular meeting were accepted as read, with the exceptions that Council rescinded its action condemning the properties of B. Haywood, Ida McGonigal and Mary Saab.
ORDINANCE
By unanimous vote, Council passed the following ordinance:
AN ORDINANCE PROVIDING FOR THE VACATION, REMOVAL, REPAIR, OR DEMOLITION OF ANY BUILDING OR STRUCTURE DANGEROUS TO THE HEALTH, MORALS, SAFETY, OR GENERAL WELFARE OF THE PEOPLE OF THE CITY OF DOVER.
Be It Ordained By The Council Of The City Of Dover:
Section 1. Dangerous Buildings Defined. All buildings or structures which have an or all of the following defects 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) per cent or more of damage or deterioration of the supporting member or members, or fifty (50) per cent 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 in 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 essential 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 for egress 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 are unsafe, insanitary, or dangerous to health, morals, safety or general welfare of the people of this City.
(j) Those buildings existing in violation of any provision of the Building Code of this City, or any provision of the fore prevention code, or other ordinances of this City.
Section 2. 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 ordinance it shall be ordered repaired.
(b) If the “dangerous building” is in such condition as to make it dangerous to the health, morals, safety, or general welfare of its occupants it shall be orders to be vacated.
(c) In any case where a “dangerous building” is 50 per cent damaged or decayed, or deteriorated form 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 on violation of the terms of this ordinance it shall be demolished. In all cases where a “dangerous building” is a fire hazard existing or erected in violation of the terms of this ordinance or any ordinance of the City or statute of the State of Delaware, it shall be demolished.
Section 3. Dangerous Buildings-Nuisances. All “dangerous buildings” within the terms of Section 1 of this ordinance are hereby declared to be public nuisances, and shall be repaired, vacated, or demolished as hereinbefore and hereafter provided.
Section 4. Duties of Building Inspector. The Building Inspector shall:
(a) Inspect or cause to be inspected semi-annually, all public buildings, school, 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 1 of this ordinance.
(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 the terms 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 the terms of this ordinance.
(d) Inspect such other buildings as shall from time to time come to his attention as possibly “dangerous buildings” within the terms of Section 1.
(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 1 of this ordinance, that: (1) the owner must vacate, or repair, or demolish said building in accordance with the terms of the notice and this ordinance; (2) the occupant or lessee must vacate 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 bu the land records of the Recorder of Deeds of Kent County may at his own risk repair, vacate, or demolish said building or have such work or act done; Provided, that any person notified under this subsection to repair, vacate, or demolish any building shall be given such reasonable time, not exceeding 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 ordinance within such length of time, not exceeding 30 days, as is reasonable.
(g) Report to the Council any non-compliance 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 bu the Building Inspector. This notice is to remain on this building until it is repaired, vacated, 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 bu the land records of the Recorder of Deeds of Kent County. It is unlawful to remove this notice until such notice is complied with.”
Section 5. 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 4, 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 land 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, or demolished in accordance with the statement of particulars set forth in the Building Inspector’s notice provided for herein in Section 4, subsection (f).
(b) Hold a hearing ans 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 Recorder of Deeds of Kent County shall offer relative to the “dangerous building.”
(c) Make a written findings of fact from the testimony offered pursuant to subsection (b) as the whether or not the building is question is a “dangerous building” within the terms of Section 1 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 by the land records of the Recorder of Deeds of Kent County to repair, vacate, or demolish any building found to be a “dangerous building” within the terms of this ordinance, setting the time within which said building shall be repaired, vacated, or demolished, and provided that any person be 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 recorders of the Recorder of Deeds if 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 (3) hereof.
(e) If the owner, occupant, mortgagee, or lessee fails to comply with the order provided for in subsection (d) hereof, within 10 days, the Council shall cause such building or structure to be repaired, vacated, or demolished as the facts may warrant, under the standards herein above provided for in Section 2 of this ordinance, 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 to the health, morals, safety, or general welfare of the people of the 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, subsection (d) hereof.
Section 6. 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, or demolish said building given by the Council shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding 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 or who fails to repair said building in accordance with any notice given by the Council as provided for in this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding 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 4, 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.
Section 7. 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, 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 vacated or demolished “dangerous buildings.”
(d) Take such other legal action as is necessary to carry out the terms and provisions of this ordinance.
Section 8. Emergency Cases. In cases where it reasonably appears that there is immediate danger to the life or safety of any person unless a “dangerous building” as defined herein is immediately repaired, vacated, or demolished, the Building Inspector shall report such facts to the Council, which may cause the immediate repair, vacation, or demolition of such “dangerous building.” The costs of such emergency repair, vacation or demolition of such “dangerous building” shall be collected in the same manner as provided in Section 5, subsection (e) hereof.
Section 9. Where Owner Absent for the City. In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from the City all notices or orders provided for herein shall be sent be registered maul to the owner, occupant, mortgagee, lessee and all other persons having an interest in said building as shown by the land records of the Recorder of Deeds of Kent County, to the last known address of each, and a copy of such notice shall be posted in a conspicuous place on the “dangerous building” to which it relates. Such mailing and posting shall be deemed adequate service.
Section 10. Administrative Liability. No officer, agent, or employee of The City of Dover shall render himself personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge of his duties under this ordinance. Any suit brought against any officer, agent, or employee of The City of Dover as a result of any act required or permitted in the discharge of his duties under this ordinance shall be defended by the City Solicitor until the final determination of the proceedings therein.
Section 11. Duties of Fire Marshal, members of the Fire Department, Police Force, and other City employees. The Fire Marshal, all members of the Fire Department, all Officers of the Police Force, and all other employees of The City of Dover shall report in writing to the Building Inspector all buildings or structures within The City of Dover which shall come to their knowledge or attention as being “dangerous buildings” within the terms of this ordinance.
Section 12. Separability. It is the intention of the City Council that each separate provision of this ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable.
Passed February 28, 1955.
Approved:
Clerk of Council Mayor
HURLEY BUILDINGS
Council decided to inspect the condemned buildings of William Hurley III on S. New Street, Saturday, March 5, 195 at 2 P.M.
VFW WATER LINE
Council authorized extension of City water to the proposed VFW post home on Salisbury Road providing approval is granted by those individuals who originally installed the line, and further provided that the VFW agrees in writing to abandon any line now installed and tap any larger main which may in the future be installed, plus paying any fees charged therefor.
CRUSADE FOR FREEDOM
Council gave permission to the Director of the Crusade for Freedom to conduct a rally on The Green, or nearby, March 3, 1955 at 12:30 P.M. at which time prominent officials will speak and balloons will be released advertising the beginning of a fund raising campaign.
A & P STORE
Council discussed a request from the A & P Store for a curb loading and unloading zone with the store paying for parking meter space. The request will be presented to the Hearing Committee.
TRIFILLIS BUILDINGS
John Triffilis requested electric service at 447 S. New St. which he claims he needs to tear down a condemned building. Council authorized a 30-day temporary service to be located on a pole near the curb line.
Mr. Triffilis also requested a building permit for the erection of an apartment building at 223 N. New Street. This request will be given further study.
REGISTERED ENGINEER
Council authorized the City Manager to apply for a Certificate as a Registered Engineer, State of Delaware, and approved payment by the City of any costs or fees involved.
TRAFFIC VIOLATION
A letter received from members of the State Legislature requested the City to refund to an attache of the Legislature a fine and costs assessed by the City Alderman for a traffic violation. Council directed that a letter be sent in reply asking what circumstance were involved that would justify a refund.
SEWER BID - AWARD
Council awarded to Pleasanton & Edgell a contract for construction of an 18" interceptors were in accordance with proposal #2a from the sewage disposal plant to Pine & Lotus Streets along the St. Jones River in their low bid of $43,000. George & Lynch and Burger Bldg. Corp. also bid on the job.
CONDEMNATION OF BUILDINGS
Council rescinded its former action condemning buildings of B. Haywood, S. New and Water Street, Miss Ida McGonigal, S. Governors Avenue and Mary Sabb, 730 Slaughter Street, and directed the Building Inspector to proceed with the condemnations under the provisions of the new ordinance.
RESOLUTION
By unanimous vote, Council adopted the following resolution:
A RESOLUTION PROVIDING FOR A REFERENDUM ELECTION TO DETERMINE WHETHER THE QUALIFIED VOTERS OF THE CITY OF DOVER APPROVE THE ISSUE OF BONDS IN THE SUM OF ONE MILLION ONE HUNDRED FIFTY THOUSAND DOLLARS ($1,150,000.00) FOR THE CONSTRUCTION, ENLARGEMENT, AND IMPROVEMENT OF THE STREETS OF THE CITY OF DOVER AND THE WATER, ELECTRIC, AND SEWER PLANTS THEREOF.
WHEREAS by virtue of Section 50 (b) of the Charter of The City of Dover, as amended in Chapter 318, Volume 49, Laws of Delaware, 1953, The City of Dover is authorized to borrow sums of money for the construction, enlargement, improvement, or repair of the water, electric, and sewer plants, and of the streets and buildings of the City and to issue bonds therefor;
AND WHEREAS the Council of The City of Dover deems it advisable and for the best interests of the City at this time to borrow the sum of One Million One Hundred Fifty Thousand ($1,152,00.00) Dollars, a sum which when added to the existing bonded indebtedness of the City does not exceed the sum of Two million Five Hundred Thousand ($2,500,000.00) Dollars, the maximum bonded indebtedness permitted by Section 50 of the Charter;
AND WHEREAS the aforesaid Section of the Charter of the City of Dover requires that any bond issue authorized thereby be approved be a referendum vote of the qualified voters of The City of Dover after due notice published in the newspapers of The City of Dover;
NOW THEREFORE Be It Resolved By The Council Of The City Of Dover In Council Met:
Section 1. That a referendum vote of the qualified voters of The City of Dover shall be held on Monday, the 28th day of March, A.D. 1955, between the hours of two o’clock P.M. and seven o’clock P.M. (Eastern Standard Time) at the City Hall, Dover, Delaware, in order to determine whether the qualified voters of The City of Dover approve the issue of bonds in a sum of One Million One Hundred Fifty Thousand ($1,150,000.00) Dollars by the said City of Dover for the following purposes:
A. Construction, extension, and improvement of streets----- $ 250,000.00
B. Construction, improvement, enlargement, and extension
of sanitary sewers------------------------------------------ 225,000.00
C. Construction, improvement, enlargement, and extension
of storm sewers--------------------------------------------- 50,000.00
D. Construction, enlargement, and improvement of electric
generating plant--------------------------------------------- 350,000.00
E. Construction, improvement, and extension of electric
transmission lines------------------------------------------- 75,000.00
F. Construction, enlargement, improvement, and extension
of water system---------------------------------------------- 200,000.00
Total----------------------- $1,150,000.00
Section 2. That a notice of the holding of such referendum election setting for the amount and purposes of the said bond issue, the date and place of holding the referendum election, and hours during which the polls will be open shall be published once a week for three consecutive weeks in the Delaware State News and The Dover Index, newspapers published in The City of Dover.
Section 3. That the Clerk of Council shall forthwith have printed 3000 ballots in the following form:
Referendum Ballot For Issue of Bonds In The Amount Of One Hundred Million One Hundred Fifty Thousand ($1,150,000.00) Dollars For The Construction, Enlargement, And Improvement Of The Streets Of The City Of Dover And Of The Water, Electric, And Sewer Plants Thereof.
For Bond Issue
Against Bond Issue
Section 4. Clarence R. Dempsey shall be the judge of the said referendum election, and Pauline Postles and William C. Boyer, Jr. shall be clerks of the said referendum election to pass upon the qualification and number of votes of each voter and to conduct the election in accordance with the provisions of the Charter of The City of Dover authorizing the same.
Adopted February 28, 1955.
Approved:
Clerk of Council Mayor
Council adjourned at 11:30 P.M.
F. Neylan
City Clerk