AGENDA Sawmills Town Hall Tuesday, January 17,2023 6:00 pm Regular Meeting of the Sawmills Town Council 1. Calll To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Public Hearing: Annexation for PIN: 2756907836 A. Open Public Hearing B. Staff Commensecommenditims C. Public Comment D. Close Public Hearing E. Council Action 9. Finance: Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren A. December 20, 2022 Regular Meeting Minutes B. December 20, 2022 Closed Session Meeting Minutes Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren A. Banking and AP Check Signatures B. Promises of Hope Donation Request C. Caldwell County Smart Start Donation Request 10. Planning: A. Ordinance Directing Town Officials To Vacate And Close 42191 US Highway 321A As Imminent Danger To Thel Public And Directing That A Notice Be Placed Thereon That the Same May Not Be Occupied 11. Public Comment 12. Updates: A. Code Enforcement Report B. Manager Updates . Council Comment Mayor Keith Warren Town Manager Chase Winebarger Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren 13. Closed Session: N.C.G.S. 9143-318.11(a)0) 14. Adjourn December 20, 2022 Page 1of4 TUESDAY, DECEMBER 20, 2022 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00PM COUNCIL PRESENT Mayor Keith Warren Joe Wesson Rebecca Johnson Bobby Mosteller Melissa Curtis COUNCIL ABSENT Clay Wilson STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately 6:06pm. INVOCATION: Pastor JeffLambert gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Keith Warren led the Pledge of Allegiance. ADOPT AND AMEND AGENDA: Mayor Keith Warren asked for a motion to adopt the Melissa Curtis made a motion, and Rebecca Johnson seconded, to adopt the December 20, 2022 Amended Agenda with the addition ofItem 12: Closed Session. All were in favor. APPROVE NOVEMBER 15, 2022 REGULAR MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the November 15, 2022 regular meeting minutes. Joe Wesson made a motion, and Bobby Mosteller seconded, to approve the November 15, December 20, 2022 Agenda and add Item 12: Closed Session. 2022 regular meeting minutes. All were in favor. PUBLIC COMMENT: Mayor Keith Warren asked ifanyone had any questions or comments at this time. No one wished to speak. December 20, 2022 Page 2 of4 RECOGNITIONS: DECEMBER RECYCLE REWARDS WINNER: Mayor Keith Warren announced Jerry Surber as the Ddecember Recycle Rewards Winner. A credit of forty dollars ($40.00) will be added to the current sanitation bill. No Council action was required. FINANCIAL MATTERS: ADOPT FY2023-2024 BUDGET WORKSHOP SCHEDULE: Mayor Keith Warren asked for al Motion to adopt the proposed FY 2023-2024 Budget Workshop Schedule. Joe Wesson made ai motion, and Rebecca Johnson seconded, to adopt the proposed FY 2023- 2024 Budget Workshop Schedule. All were in favor. BUDGET AMENDMENT: Mayor Keith Warren stated that with the expenditures for hiring ai new position (Administrative Assistant), in the Administration Department located at Town Hall; the salary/benefits increase retroactive to July 1, 2022 for the Town Manager; and the increase in wages for temporary services, a budget amendment will need tol be approved. Council will need to approve a budget amendment in the amount ofs sixty thousand dollars ($60,000.00), from the. Appropriated Fund Balance to the General Fund, to cover the expenses for the new position of Administrative Assistant in the Administration Department; salary/benefits increase retroactive to July 1, 2022 for the Town Manager; and Melissa Curtis made ai motion, and Bobby Mosteller seconded, to transfer the amount ofof sixty thousand dollars ($60,000.00), from the Appropriated Fund Balance to the General Fund, to cover the expenses for the new position of Administrative Assistant in the Administration Department; salary/benefits increase retroactive to July 1, 2022 for the Town Manager; and the increase in wages for temporary services. All were in favor. the increase in wages for temporary services. APPROVE AUDITOR CONTRACTFORFORFY2022-2023: Mayor Keith Warren stated that stated that the current contract with the Town auditors Lowdermilk, Church & Co., L.L.P. needs to be renewed. The renewal contract will cover the period ofJuly 1, 2022 to June 30, Joe Wesson made ai motion, and Melissa Curtis seconded, to approve a renewal contract with the Town auditors Lowdermilk, Church & Co, L.L.P. in the amount of $12,900.00 (twelve thousand nine hundred dollars), will cover the period ofJuly 1, 2022 to June 30, 2023. All 2023. were in favor. December 20, 2022 Page 3 of4 APPOINT FINANCE DIRECTOR: Mayor Keith Warren stated that Town of Sawmills Finance Officer Karen Clontz, is retiring and her last day of employment with the Town of Sawmills is Wednesday, December 28, 2022. Deputy Finance Officer Kelly Melton, was hired on August 4, 2022 in preparation for Town of Sawmills Finance Officer Karen Clontz Melissa Curtis made a motion, and Rebecca Johnson seconded, to appoint Deputy Finance Officer Kelly Melton to the position of Finance Officer effective December 29, 2022.A All retirement. were in favor. PROMISES OF HOPE DONATION REQUEST: Mayor Keith Warren stated that the Town had received a donation request from Promises ofHope ini the amount of two hundred Joe Wesson made a motion, and Rebecca Johnson seconded, to table this matter until the January 17,2023 regular scheduled Town of Sawmills Council meeting. All were in favor. dollars ($200.00). PLANNING: CALL FOR PUBLIC HEARING FOR ANNEXATION: Mayor Keith Warren stated that the Town of Sawmills had received a petition for Voluntary Annexation from David Keith The Town Council must hold a public hearing in order to annex the parcel. Staff proposes the public hearing be set for the next regularly scheduled Town Council meeting on January Rebecca Johnson made a motion, and Bobby Mosteller seconded, to hold a public hearing for the Voluntary Annexation for parcel NCPIN 2756907836 during the next regularly scheduled Town Council meeting on. January 17,2023. All were in favor. Miller and Julia W Miller for parcel NCPIN 2756907836. 17,2023. PUBLIC COMMENT: Mayor Keith Warren asked if anyone had any questions or comments at this time. No one wished to speak. UPDATES: DECEMBERCODE ENFORCEMENT REPORT: Town Code Enforcement Officer Curt Willis stated that there are twenty-two (22) code enforcement cases that are open. December 20, 2022 Page 4 of4 No Council action was required. TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following updates: Town Manager Chase Winebarger stated that Parks and Recreation will be getting a new infield groomer. Town Manager Chase Winebarger stated that the new infield Town Manager Chase Winebarger stated that the Town Administration Assistant position had been filled by Olivia Baldwin. Town Manager Chase Winebarger stated groomer will be paid for out of Parks and Recreation. that Olivia Baldwin had started on December 19, 2022. COUNCIL COMMENTS: Melissa Curtis wished everyone a Merry Christmas. Bobby Mosteller stated he hoped everyone stayed warm. Rebecca Johnson wished everyone a Merry Christmas and wanted to thank everyone for Joe Wesson wanted to thank everyone for coming to the meeting and hoped everyone had a coming to the meeting. Merry Christmas. CLOSED SESSION PURSUANT TO N.C.G.S. $143.318-11(A)0): Mayor Keith Warren Bobby Mosteller made ai motion, and. Joe Wesson seconded, to go into closed session pursuant tol N.C.G.S. S 143.318-11(a)(3) at approximately 6:21pm. All were in favor. Melissa Curtis made ai motion, and Rebecca Johnson seconded, to come out ofc closed session asked for ai motion to go into closed session. at approximately 6:35pm. All were in favor. COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn. Joe Wesson madeamotion, and Rebecca Johnson seconded, to adjourn the meeting. All were ini favor. The meeting was adjourned at approximately 6:35pm. Keith Warren, Mayor Julie. A. Good, Town Clerk AGENDA ITEM 7A MEMO DATE: SUBJECT: January 17,2023 Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Jason Peidl on winning the Recycle Rewards Program for the month of. January. He will be presented with a Certificate of Appreciation. A forty dollar ($40.00) credit will be added to the current sanitation bill. Recommendation: No Council action is required. AGENDA ITEM 8A MEMO DATE: SUBJECT: January 17, 2023 Planning Matters: Public Hearing: Annexation Discussion: The Town of Sawmills has received a petition for Voluntary Annexation from David Keith Miller and Julia W Miller for one (1) parcel: NCPIN 2756907836. Attached to this memorandum is the signed petition, a GIS map of the area tol be annexed, the legal description of Town staff suggests for the annexation of parcel: NCPIN 2756907836 to officially take place on the properties, and deed. January 18th, 2023. Recommendation: Staff recommends Council discuss this matter and decide how they wish toj proceed. OFSAVE DRPORATED Planning Department General Application Form (Notf for Site Plan Review Submittals) Type of Action Requested: Annexation Appeal Conditional Use Permit David Kigh millr Applicant Julia w. Wslr Zoning Text Amendment Variance Zoning Map Amendment David K mlkr Owner_ Sula W malr Address 4374 Horseshoe Berd Rchddress 4374 Horseshoe Bind Rd Hudson NC a8433 Telephone (29)72P-4705 Legal relationship ofapplicant to property owner. HudsDo NL 28639 Telephone (928)729-47U5 Property location Tax parcel Signature of Zoning district Acreage of Site * w-9m.lh Dulimll Guli Applicant Signature of Property Owner Signature of Property Owner Dainl ke Danilk ME Signature of Applicant For Staff Only: Filing Fee: Application No.: Receipt # Date Submitted (Complete): NORTH CAROLINA CALDWELL COUNTY TOWN OF SAWMILLS PETITION FOR CONTIGUOUS ANNEXATION Date: Petition No.: Caldwell Co. Tax Parcel IDI No.: TO: THE TOWN CLERK AND TOWN COUNCIL OF THE TOWN OF SAWMILLS 1.1, (We), the undersigned owners of real property respectfully request that the area described in Paragraph 2 below be annexed to the Town of Sawmills according to G.S. 160A-31 (Annexation by Petition), which states that the governing board of any municipality may annex by ordinance any area contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each owner. (Note: If the property title is listed in both husband and wife's name, both are required to sign the petition). NAME: (List of All Owners) ADDRESS: Uwha W-Mlley Dikhmler 4314 Hoyseshoe BendRd Hudson .0.38638 2. The area to be annexedi is contiguous to the Town of Sawmills and the boundaries ofs such territory are described on attached page. (Note: In order to assist the Town of Sawmills in locating the property or properties involved, it is required that a map of the property or properties be attached, including the county tax map number(s), lot number(s), block number(s), the name of the streets or roads bordering the property or properties, the square footage contained, the dimensions, a copy of the deed for each property, and/or the metes and bounds description of the property or properties sO the proper legal advertisement can be run in the paper). 3. The governing board shall have authority to make the annexing Ordinance effective immediately or on any specified date within six (6) months from the date of passage of the Ordinance. The newly annexed territory shall be subject to municipal taxes levied for the fiscal year following the date ofannexation as explained in G.S. 160A-31. 4. Signed this the date as established on the attached signature pages. (Separate Signature Pages Attached) 276036.1 Name of Property Owner(s): (All Owners must sign with signatures notarized) Dalalwn.Dla XMlée yped Name): (ypedN Asy NORTH CAROLINA CoQuDA_COUNTY Kristio Franklin certify that uuliaw Miller al Notary Public, for said County and State, do hereby personally appeared before me this day and this/13 day 6 acknowledged the due execution ofthe foregoing instrument. WITNESS my hand and Official Seal, RREA Htallat KySho Evonklin Printed Name ofNotary Public NotagyPublic 8 PUBLIO ES ay My Commission expires: NuyBd05 NORTH CAROLINA CHQWDACOUNTY Kristin Franklin a Notary Public, for said County and State, do hereby personally appeared before me this day and certify that DOMGKath Mley acknowledged the due execution oft the foregoing instrument. WITNESS my hand and Official Seal, this day ofl Decembek2022. AN Fonklini 9 My_Commissione expires: Juybdos Printed Name ofl Notary Public C PUBLIO sy R 276036.1 Mr. & Mrs. David Keith Miller, P.0. Box 534, Hudson, NC 28638 THIS DEED, Madet this.9th dayof. September ,19.82_,bya andb between. DALLAS RAY_WILCOX. and stateo ofNorth Carolina, hereinafter called Grantor, and. DAVID KEITH MILLER and wife,JULIA W. MILLER and other good and valuable considerations tol himi in! hand paidb theG Grantee, the receipe whereofi ishereby acknowledged, hasg given, granted, bargained, sold and conveyed, and by these presents does give, grant, bargain, , convey, and confirm unto the Grantee, his heirs and/or successors and assigns, premises in BEGINNING at an iron stake 100 feet North 5o gest from Johnny R. Gragg's line, stake 100 feet North M West from the Gragg line; thence North 58 West 100 feet to an iron stake on the Southern margin of a street; thence with said margin of. the street North 85 West 192.3 feet an iron stake in Oscar Miller's line; thence with Miller's line South 58 East 100 feet to the BEING the same property as conveyed by Cecil J. Starnes and wife, and Smith Moore and wife, and L. M. Abernethy, Trustee, to Jay Harold Curtis and wife, Patsy G. Curtis, by, deed dated November 23, 1964, and recorded in Book 488, The above being the first tract in that deed from Edward Z. Jones and wife, Nancy W. Jones to Dallas Ray Wilcox, dated December 20, 1979, of record in Mall WARRANTY DEED-Form WD601 STATE OF NORTH CAROLINA, (DIVORCED) Printed and for sale by James Willams & Co., Inc., Vadkinville,N.C CALDWELL County. Caldwell DOCK 789ME 745 County Dollars Caldwell County ands State ofN North Carolina, hereinafter called Grantec, whose permanent mailing addressi is. P.D. Box 534,Hudson,- NC 28638 WITNESSETH: That the Grantor, fora andin consideration oft thes sumo of. TEN- Hudson and runs parrallel beginning. Township, Caldweli County, North Carolina, described as follow:: Gragg's line South 85 East 191.1 feet an iron at Page 162, Caldwell County Registry. Caldwell County Registry. STATEOF Real Estate E Excise Tax, E SEP-912 =42.50: RB.10674 Thea abovel landy wasc conveyed to Grantor by- heirsz and/or successorsa anda assignsf forever. whomsoever. Zg llsy Dallas Ray Wilcox STATE OF NORTH CAROLINA. Regina Mitchell Witness my! hand andr notaria! seal,t thist the. 9th My Commission Expires:. December 15, 1982 STATE OF NORTH CAROLINA. Wimess my! hand andr notarial seal, thist the. My Commissionl Expires: STATE OF NORTH CAROLINA, Thef foregoing certificate(s) of b(are)certified tobec correct. Thisinstrument wasp presented forr registration this 9ch day of. at H'0o AM, P.M.and dulyregrded int theo officeo oftheR Registero ofDeedso of. NortbCarolina, in! Book. 239.9745 Thist hys dayef y a 7l2 4 Register ofl Deeds This Deed Robert drawaby- 3e SeeB Book No.. Page. TOHAVE AND1 TO HOLD1 Thea above described premises, witha allthe appurtenances chereuntol belonging, orir in any wise appertaining, untot the Grantee, his And the Grantor covenants thath he is seized ofs said ptemises in fe, and has the right to convey thes tamei inf fees simple; that saidp premises are freef from en- cumbrances (with thec exceptions above stated,i ifany): andt that hev willy warrant andd defend thes saidt titlet to thes same against thelawfuld claims ofall persons Whenteference is made to the Grantor or Grantec, thes singular shallinclude the plural andt then masculine shalli include thef feminine or ther neuter. WHEREOF, Tgntorbasl hereuntos seth hisl hand ands seal, the day indy yearf firsta abovev written. (SEAL) (SEAL) COUNTY. day of COUNTY. day of. Caldwell Mishell. CANR Bagiin (SEAL) (SEAL) CALDWELL Notary Public ofsaid County, doh hereby certify that Nino, DALLAS RAY WILCOX (Divorced) Grantot,personally appeared beforer met thisday, anda acknowledged ther execution of chef foregoing deed. September Ceglia Mhikll i N. 3 Notary Public ofsaid County, dohereby certify that. 14.93 * N.P. [SEAL] 1982, County, Grantor, personally appeared beforet met thisd day and acknowledged thee execution oft thef foregoing deed. CAldwell Caldwell September. RHH NC 28645 Box thyas 2307, Lenoir, J. Robbins, Jr.. P.0. 425 Appraisal Card htps./gis.caldwelleumync.ory/IstApprasalcard.aspx/parce. CALDWELL COUNTY,NC MILLERI DAVIDI KEITH MILLERJULIA 4374 HORSESHOE BENDRD 3498 Reval Year: 2021 TaxYear: 0789/0745 0082 42.50 2023 Appraised by 07 ond 05/15/2018 00221 NEIGHBORHOOD CONSTRUCTIONI DETAIL Foundation- 3 Continuous Footing 5.00USEMOD Area QUAL RATE RCN EYB AYB Sub Floor System-5 Wood 10.00 TYPE: SINGLE FAMILY RESIDENTIAL Exterior Walls -21 Face Brick/Rock 34.00 STYLE: 1-1.0Story Roofing Structure 03 Gable 8.00 Roofing Cover- 06 Metal/Superior Shingle 7.00 Interior Wall Construction- -5 Drywall 20.00 Interior Floor Cover- 12 Hardwood/ Vinyl Plank 9.00 Interior Floor Cover 08 Sheet Viny! 0.00 Heating Fuel- -02 Oil,Wood or Coal 0.00 Heating Type -04 Forced Air- Ducted 4.00 Air Conditioning* Type -01 None 0.00 Unit Count- -1 Units 0.00 IWDD Bedrpoma/Bathcomsnar Bathrooms 3/1/0 8.000 Bedrooms BAS-3FUS-DLL-0 Bathrooms BAS-1FUS-DLL-0 IFCP Half-Bathrooms BAS-DFUS-OLL-0 Office BAS-OFUS-OLL-0 TOTAL POINT VALUE 105.000 BUILDING ADJUSTMENTS Quality Above 1.1500 Average Shape/Design 3 Slight 1.0000 Irregular Size Sizel Size 1.0100 TOTAL ADJUSTMENTI FACTOR TOTAL QUALITY INDEX SUBAREA GS 1,1611001 116146TOTAL OB/XF VALUE 290032 9304 378016 6002 16018 300 871018 15706 294018 5302 3,010 152,760 12/14/2022: 11:00:51AM Return/Appeal Parcel: 03-82-1- Notes: 100.0000 FF TW-03 DEPRECIATION Standard 0.44000 26 PLAT: UNIQID 221637 IDN0:2756D+907835 SRC= CI-FR-EX- AT- CREDENCE TO MARKET LAND VALUE- CARD TOTAL MARKET VALUE- -CARD TOTAL APPRAISED VALUE CARD TOTAL APPRAISED VALUE PARCEL TOTAL PRESENT USE VALUE- PARCEL TOTAL VALUE DEFERRED- PARCEL TOTAL TAXABLE VALUE PARCEL BUILDING VALUE OBXF VALUE LAND VALUE PRESENT USE VALUE DEFERRED VALUE TOTAL VALUE CODE - DATE - NOTE NUMBER AMOUNT ROUT: WTRSHD: OFF. RECORD DATE DEED BOOK PAGE MOYR TYPE Q/UV/I SALES PRICE COUNTY(100), SOLID WASTE( (1), SAWMILLS RURAL (100), RESCUE SAWMILLS CARD NO.1of1 RURAL (100) LASTA 20180516 ACTION MARKET 85,500 800 13,300 99,600 99,600 99,600 99,600 75,500 13,300 88,800 INDICATE MARKET VALUE Eff. BASE CORRELATION OF VALUE 0101 1,527122 00p157EOI57/I931 %G GOOD 56.0DEPR. BUILDING VALUE- CARD SINGLE FAMILY RESIDENTIAL DEPR. OB/XF VALUE CARD PRIOR PERMIT SALES DATA HEATEDA AREA 1,451 NOTES BAS 1.160 122 4STP +4-+ UNIT ORIG % 800.00 ANNI DEP % 0L SO 100 OB/XF DEPR. VALUE 800 800 CODEDESCRIPTIONCOUNTATAWTHUNTS PRICE COND BLDG#AYBEYE RATE OVR COND TYPE AREA %_RPLCS CARPORT 100 BAS BM FCP STP UBM WDD FIREPLACE -None SUBAREA TOTALS BUILDINGI DIMENSIONS BAS-N27E43527W43SFCP-N27W1 LAND INFORMATION HIGHEST AND BEST USE LOCAL FRON USE SFR 0100 TOTAL MARKET LAND DATA TOTAL PRESENT USE DATA OTHER ADJUSTMENTS LAND TOTAL DEPTH LND COND ANDI NOTES ROAD UNIT LAND UNT TOTAL ADJUSTED LAND OVERRIDE LAND 120.00 100.000 FF 1.110 133.20 13320 CODE ZONING TAGE DEPTH /SIZE MOD FACT RF AC LC TOOT TYPE PRICE UNITS TYP ADJST UNIT PRICE VALUE VALUE NOTES 100 192 1.0000 0 1.1100 D1.11X1.00 13,300 lofl 12/142022,11:01AM & 100 HORSESHOE BEND RD 1127 (119) 0 NORTH CAROLINA CALDWELL COUNTY TOWN OF SAWMILLS ANNEXATION RESOLUTION THAT WHEREAS, the Town Council of the Town of Sawmills did receive an Annexation Petition for Voluntary Annexation and that; THAT WHEREAS, the Town Clerk has certified that the Annexation Petition meets the THAT WHEREAS, the Town Council of the Town of Sawmills has held a public requirements set forth by North Carolina General Statute S 160A-58.1; hearing according to statutory procedures in regards to this Voluntary Petition; Annexation Ordinance attached hereto which isi incorporated herein by reference. NOW THEREFORE, the Town Council of the Town of Sawmills does hereby adopt the This the day of. January, 2023. TOWN OF SAWMILLS By: Keith Warren, Mayor ATTEST: Julie A Good, Town Clerk NORTH CAROLINA CALDWELL COUNTY TOWN OF SAWMILLS ANNEXATION ORDINANCE WHEREAS, the Town Council ofthe Town of Sawmills has been petitioned under WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate WHEREAS, the Clerk has certified to the sufficiency of said petition and a public hearing on the question ofthis annexation was held at the Town Hall at 6:00c o'clock P.M., on the General Statues 160A-58.1, as amended, to annex the area herein described; and the sufficiency of said petition; and 17th day ofJanuary, 2023, after due notice by publication on requirements of General Statutes 106A-58.1, as amended; TOWN OF SAWMILLS, NORTH CAROLINA: 20_ ; and WHEREAS, the Town Council does hereby find as a fact that said petition meets the NOW, THEREFORE, BE IT ORDINANED BY THE TOWN COUNCIL OF THE Section 1. By virtue oft the authority granted under General Statutes 160-58.1, as amended, the Ollowing-described territory is hereby annexed and made a part oft the Town of Sawmills from and after the 18th day ofJanuary, 2023: See attached Exhibit"A" Section 2. Upon and after the 18th day of. January, 2023, the above-described territory and its citizens and property shall be subject to all debts, laws, ordinance and regulations in force in the Town of Sawmills. Said territory shall be subject to municipal taxes according to General Statutes 160A-49(f), 160A-58.10, as amended. Section 3. That the: newly-annexed territory described hereinabove shall become a Section 4. The Mayor oft the Town of Sawmills shall cause to be recorded in the office oft the Register of Deeds of Caldwell County, and in the office of the Secretary of State in Raleigh, North Carolina, an accurate map oft the annexed territory, described in Section 1 hereof, together with a duly certified copy oft this ordinance. Such a map shall also be delivered to the part of the Town of Sawmills. County Board of Elections, as: required by General Statutes 163-288.1. Section 5. Notice of adoption oft the Ordinance shall bej published once, following the effective date ofannexation, in a newspaper having a general circulation in the Town of Sawmills. Section 6. This Ordinance shall be in full force and effect from and after the 18th day ofJ January, 2023. ADOPTED THIS 17th DAY OF. JANUARY,2023. TOWN OF SAWMILLS By: Keith Warren, Mayor ATTEST: Julie A Good, Town Clerk Approved as to Form: Terry M. Taylor, Town Attorney AGENDA ITEM 9A MEMO DATE: SUBJECT: January 17,2023 Financial Matters: Banking and AP Check Signatures Discussion: Due tot the retirement ofTown Finance Officer Karen Clontz and Public Works Director Ronnie Coffey and hiring ofTown Finance Officer Kelly Melton and Public Works Director Steve Coonse, new signature cards will need to be on file at the bank. The bank requires ai new signature card whenever there are changes in the staff and/or Council. Two (2) signatures are required for accounts payable checks and the safety deposit box. First Citizens Bank - Checking - A/P, Safety Deposit Box, Public Fund CD's The following Council and Staffcurrently have authorization to sign on behalf ofthe Town with regards to banking transactions: Karen Clontz- - Finance Officer Chase Winebarger-Town Manager Typically, the Mayor, one other Council member, Town Manager and the Finance Officer are authorized to sign on behalf oft the Town with regards to the banking transactions. Recommendation: Staff recommends Council appoint Town Finance Officer Kelly Melton and Public Works Director Steve Coonse to be on file with First Citizens Bank, and appoint Councilwoman Melissa Curtis or another Council member. AGENDA ITEM 9B MEMO DATE: SUBJECT: January 17,2023 Financial Matters: Request for Donation Discussion: The Town has received a request from Promises ofHope for a donation in the amount of$200.00 (two hundred dollars) during the December 20, 2022 regularly scheduled Council Meeting. Council voted to table this donation until the January 17, 2023 regularly scheduled Council Meeting. There are sufficient funds in the budget for this request. Recommendation: Staff recommends Council discuss this matter and decide how they wish toj proceed. AGENDA ITEM 9C MEMO DATE: SUBJECT: January 17,2023 Financial Matters: Request for Donation Discussion: The Town has received a request from Caldwell County Smart Start for a donation in the amount of$200.00 (two hundred dollars). There are sufficient funds in the budget for this request. Recommendation: Staff recommends Council discuss this matter and decide how they wish to proceed. Town of Sawmills Keith Warren, Mayor Chase) Winebarger, Town Manager Funding Request: Name of Organization: Phone #32B-3094740 Caidoall (aon's GmaASl Permanent Address: POBLU84 City: State: AC Fed Tax ID: #: Zip Code: Hudsm Contact Name: TOTPRA Bnnch 686038 2D-ID90H7 Amount Requested: Date Funds Needed: Complete description of project: SL Aachd Amount needed for the Project: Project Begin/End Dates: How will the funds be used? How will this project benefit the community? Official Town Use Only Date presented to Council: Amount approved: L800.00 Date application received: 14-2033 Date approved/denied (circle one): Available balance in Governing Body Expense. Acct: Date check written: Check# #: Amount: Thisi instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control. Act. (o Caldwell County Smart Start 828-426-5437 aldwelsmarstarteralcwelsmarstartorg Dear Friends of Caldwell County Smart Start, Caldwell County Smart Start is thrilled to continue our partnership with Dolly Parton's Imagination Libraryto provide our county's children, ages birth to five, with a specially selected age-appropriate booki in the mail each month. The anticipation a child feels knowing he/she has a special gift waiting in the mailbox builds excitement Caldwell County Smart Start is reaching out to local education champions to provide financial support for Dolly Parton's magination Library. While there is no cost to families participating in this program, SmartStart's costi is $25 per child per year. We are currently reaching almost 80% of eligible children per month. Our goali is to As you consider end-of-year and holiday giving, we hope you'll support Caldwell County Smart Start's vision to provide the gift of books and promote the love of reading with our community's young children and their families. Donations may be made by check, payable to Caldwell County Smart Start, PO Box 689, Hudson, NC: 28638, or about reading throughout Caldwell County! eventually provide books for all of Caldwell County/syoungest citizens. online at www.caldwel5martstart.org/donate or our Facebook page. We wish you a very Merry Christmas filled with wonder and love! Warm wishes, The Smart Start Team Teresa Branch Kristy Campbell Hannah Romero Michael Smith Wendy Smith Caldwell County Smart Start- Dolly Parton's Imagination Library Children receive one book in the mail each month! End of Year Giving. Books for One Year: $10- donation of support $25- books for one child $50 books for two children $100 books for four children $250- books for ten children $500 - books for 20 children $1000 - books for 40 children Dolly Paurtons, MAGINATIO. LIBRARY Other- $ caldwelsmartstart caldwellsmartstart atwelcounvsmarsiart 143 Cedar Valley Road, Suite 111, Hudson, NC: 28638 AGENDA ITEM 10A MEMO DATE: SUBJECT: January 17,2023 Planning Matters: Ordinance Directing Town Officials To Vacate And Close 4219 US Highway 321A As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same May Not Be Occupied Discussion: Town Code Enforcement Officer Curt Willis has meet with the Owner of 4219 US Highway 321A and has drafted an Ordinance Directing Town Officials to Vacate And Close 4219US Highway 321A As An Imminent Danger To The Public And Directing That A Notice Be Placed Thereon That The Same May Not Be Occupied. Recommendation: Staff recommends Council discuss this matter and decide how they wish to proceed. AN ORDINANCE DIRECTING TOWN OFFICIALS TO VACATE AND CLOSE THE PROPERTY HEREIN DESCRIBED AS AN IMMINENT DANGER TO' THE PUBLIC AND DIRECTING THAT A NOTICE BE: PLACED THEREON THATTHE SAME MAY NOT BE OCCUPIED File No. WHEREAS, the Town Council ofthe Town of Sawmills finds that the Dwelling (defined below) located at 4219 Hwy 321A, NC (NC PIN: 2766801567 )is in violation of the Town's minimum housing ordinance (Chapter 154) and constitutes a danger to public health and safety; and WHEREAS, this dwelling should be vacated and closed as directed by town officials and NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Section 1. The owner of such dwelling having been notified in accordance with statute, hereby it is ordered that the property be vacated on or before the 01st day of February 2023. Section 2. The town officials are hereby authorized and directed to place placards on the should be placarded by placing thereon a notice prohibiting entry; and Sawmills, that: dwelling containing the legend: "THIS BUILDING IS UNFIT FOR HUMAN HABITATION. THE USE OR OCCUPATION OF THIS BUILDING FOR HUMAN HABITATION IS ANYONE FOUND TRESPASSING ON THE PROPERTY CAN BE CHARGED WITHA PROHIBITED AND UNLAWFUL. CLASS 1N MISDEMEANOR. Section 3. It shall be unlawful for any person to: remove or cause to be removed the placard from any dwelling to which iti is affixed. It shall likewise be unlawful for any person to occupy or toj permit the occupancy ofa any dwelling therein declared tol be a public health hazard. Section 4. North Carolina General Statute 160D-102 and Town of Sawmills Minimum Housing Ordinance define a "Dwelling" as any building, structure, manufactured home or mobile home, or part thereof, used and occupied for human habitation or intended to be SO used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith, except that it does not include any manufactured home ormobile home, whichi is used solely for a seasonal vacation purpose. Section 5. This Ordinance shall become effective upon its adoption. ADOPTED this 17th day ofJanuary 2023. Keith Warren, Mayor ATTEST: Julie Good, Town Clerk 50 YEARS 1880: Second Avenue NWHickory, NC 28601 POE Box 9026 Hickory, NC 28603 828.322.9191 IFax.8283225991/wwwwpcogorg Western Piedmont Council of Governments Creative Regional Solutions Since 1968 ORDER TO VACATE & CLOSE DATE OF ISSUE: 06 January 2023 ADDRESS: PO Box 118 NAME: Sawmills Properties LLC Granite Falls, North Carolina 28630 TO: Owners and parties in interest of the property located at 4219 Hwy 321A Parcel Id Number: 2766801567 The undersigned Code Enforcement Officer for the Town of Sawmills, pursuant to law, conducted a hearing at the time and place stated in the Complaint and Notice heretofore issued and served. At the hearing, the Answer, if any, filed by the owners and parties in interest were carefully analyzed and considered by the undersigned. In addition to other evidence presented, the undersigned personally inspected the property described above, and such inspection and examination has been considered, along with the other evidence offered at this hearing. undersigned Code Enforcement Officer does hereby find the following facts: Upon the record and all of the evidence offered and contentions made, the 1. The above-named owners and parties in interest with respect to the property located at the place specified above were duly served as required by law with written Complaint and Notice of Hearing which set forth the Complaint that the Dwelling located at the above address is unsafe and in violation of the Town Minimum Housing Code. At the hearing, the following owners, persons in interest or their agents or attorneys, were present and participated therein: No owners, persons of interest or agents attended 2. The premises described above violate the Town Minimum Housing Code, by reason of the conditions found to be present and to exist in and about the structure. See Exhibit A "Original NOV, dated 16NOV2022" and Exhibit B "Findings of Fact, dated 3. Due to these conditions, the building and/or premises described above is found to be ino condition within the meaning of the Town Minimum Housing Code, sO as to be unsafe, the hearing. 06JAN2023" attached. ino danger of collapse and unfit for human habitation; Executive Committee: Barbara C. Pennell, Chair Bob Floyd, Jr. Vice Chair I Jill Patton, Secretary Johnny Berry. Treasurer George B. Holleman, Past Chair At-Large Members: Wayne FA Abele, Sr.1 Kitty W. Barnes I John F." "Chip'" Black Joe Gibbons Executive Director, Anthony W. Starr Serving: Alexander Countyl Taylorsville! Burke Countyl Connelly! Springs! Drexell Glen Alpinel Hildebran) Morganton RutherfordColegel Valdese Caldwell Countyl Cajah's Mountain Cedar Rock! Gamewelll Granite Falls Hudson Lenoir I Rhodhiss Sawmills Catawba CountylB Brookford Catawbal Claremont Conover Hickory/Long Viewl Maiden! Newton 50 YEARS 1880: Second Avenue NWI Hickory, NC28601 POI Box 9026 Hickory, NC 28603 828.322.9191 Fax: 828.322.5991Www.wpcog.org Western Piedmont Council of Governments Creative Regional Solutions Since: 1968 ITIS THEREFORE ORDERED that the owners of the property above are required to bring such property into compliance with the Minimum Housing Code by vacating and closing the Dwelling by a date not later than the 17th day of January. 4. Failure to comply with this notice WILL result in the Town of Sawmills taking action to cause the abatement and the resulting costs being placed as a lien against the property. The Town of Sawmills may take other action as permitted by 5. Appeal: An appeal from any decision or order of the Code Enforcement Officer may be taken by any person who is the subject of the decision or order. Any appeal from the official shall be taken within ten days from the rendering of the decision or notice of the order, and shall be taken by filing a notice of appeal with the Sawmills Board of Adjustment (Sawmills Town Hall, 828)396-7903) which shall specify the grounds upon which the appeal is based. Any party may appear in person or by agent or attorney. The board may reverse or affirm, wholly or partly, or may modify the decision or order appealed from, but the concurring vote of four members of the board shall be law, which may result in additional costs and/or attorney fees. necessary to reverse or modify any decision or order of the official. THIS the 28th day of September, 2022. Castibhs Code Enforcement Officer (828)485-4263 or urtwiIs@wpcog.org Curt Willis Executive Committee: Barbara C. Pennell, Chair Bob Floyd. Jr. Vice Chair - Jill Patton, Secretary Johnny Berry, Treasurer George B. Holleman, Past Chair. At-Large Members: Wayne F. Abele. Sr.I Kitty) W. Barnes D John F. Chip' Black I Joe Gibbons Executive Director, Anthony W. Starr Serving: Alexander Countyl Taylorsville! Burke Countyl Connelly Springs] Drexel Glen Alpinel Hildebran! Morgantonl Rutherford Collegel IValdese Caldwell County Cajah's Mountain! Cedar Rock Gamewell Granite Falls Hudson) Lenoir Rhodhiss Sawmils I Catawba CountylE Brookford! Catawbal Claremont Conover Hickory/Long' View! Maiden] Newton 50 YEARS 1880 Second Avenue NWI Hickory,NC 28601 POE Box 9026] Hickory, NC 28603 828.322.9191 Fax: 828.322.5991Www.wpcogorg Western Piedmont Council of Governments Creative Regional Solutions Since 1968 FINDINGS OF FACT 4219 Hwy 321A, Sawmills, NC. Minimum Housing Standards All photos are from 16NOV2022. All violations are based on Chapter 154.30 of the Town of Sawmills in thei following ways: 1. Improper Lighting and Ventilation. 2. Noy windows. 3. Unsafe egress exits. 5. No utilities. Executive Committee: Barbara. C. Pennell, Chair Bobl Floyd, Jr. Vice Chair. Jill Patton, Secretary Johnny Berry. Treasurer George B. Holleman, Past Chair At-Large Members: Wayne F. Abele, Sr. Kitty) W. Barnes John F." Chip" Black Joe Gibbons Executive Director, Anthony W. Starr Serving: Alexander Countyl woiwleBuniecoamyl ConnellySprings! DresellGien.Alpinel Hidebrar/Merganton! Rutherford Collegel IValdese Caldwell Countyl Cajah's Mountain Cedar Rockl Gamewell Granite Falls Hudson Lenoir Rhodhissl Sawmills Catawba Countyl Brookford Catawba/Claremont Conover! Hickoryllongylew. Maiden! Newton 50 YEARS Western Piedmont Council of Governments Creative Regional Solutions Since1 1968 Residential Minimum Housing Thisi ist to certify that thet following location, NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES 4219 US Hwy 321A ORDINANCE: isin violation of 25-01 of the Code of the Town of Sawmills. For more information, go Re Residentiall Minimum Housing Minimum standards for occupancy of a residential house/home asf follows, but not limited to: Space Use (minimum square footage, measurements, and uses) Lighting and ventilation (operable windows, doors, screens, foundation vents & access etc..) Exits (two means on ingress/egress, porches, stairs and handrail to code) Plumbing (septic or sewer, indoor water supply, hot water heater, insulated pipes, etc..) Heating (required to maintain 68 degrees 31 feet offt thef floor during winter conditions, no unvented combustible space Electricity (required to be wired and no broken fixtures, no exposed wires, outlets, switches and over-loaded circuits, etc..) heaters can be used) Structural requirements (all maintained in sound working order) Foundation (foundation vents, crawlspace door, structurali issues) Floors (rotted, missing, termites, water damage, structural issues) Walls (exterior, interior, water damage, missing wall covering, structural issues) Ceilings (water damage, cracking, falling, structural issues) Stairs ands steps (hand rails/railing, rotted treads, structurali issues) Roofs (leaking, water damage, missing shingles, fascia, soffit, drip edge, flashing structural issues) Porches and appurtenances (structural issues, damaged surface, rotted wood, water damage) Accessory structures (sheds, shops, pump houses, dog houses that are dilapidated or damaged) Supplied facilities Public areas Property maintenance (all keep orderly and clean) Building and structures (replace rotted wood, roofing, paint, etc.) Rubbish and garbage (junk, trash or debris on property needs to be cleaned up) Infestation (fleas, rats, snakes, roaches, other insects or bugs, etc.) Premises (grass needs tol be mowed weekly, overgrowth needs tol be kept cut back, nothing in right-of-way) Cleanliness (must be cosmetically clean in appearance at all time as not to affect the neighborhood/town, Supplied plumbing fixtures (no leaks, correctly installed, allowed materials by building code, etc.) Care of facilities, equipment ands structure (must be properly maintained: at all times) AH hearing willl be held with the Code Enforcement Officer at the Sawmills Town Hall on, 30NOV22 at. 10AM This will be your opportunity to present facts ande evidence: ast to why the structure should not be found failing to meet the Minimum Standards for Residential Buildings. You may bring anyone youy wisht tot this hearing to present evidence. This hearingi is notj judicial in nature, but simply provides the property owner an opportunity to present their facts toi the Code Enforcement Officer. The Code Enforcement Officer willt then make a decision to: 1. Revoke thel Notice of Violation, 3. Order the building demolished. CSHNs Curt Willis, Code Enforcement Officer (828) 485-4263; curtwiIs@wprogor 2. Order the property repaired within a certain time frame, or 16NOV22 Date Exhibit A V2-02072020 50 YEARS Western Piedmont Council of Governments CreativeR Regional Solutions Since 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES ADDRESS: 4219 US Hwy 321A Photos and notes collected on this date: 11/16/2022 Exhibit A 50 VEARS Western Piedmont Council of Governments Creative Regional Solutionss Since1 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES WPCOG Code Enforcement Nuisance Inspection Checklist Sawmills Town Code Chapter 154 Minimum Housing Pursuant to G.S.S 160A-441, iti is hereby found and declared that there exist in the town's corporate limits dwellins which are unfit for human habitation due to dilapidation, defects increasing the hazards of fire, accidents and other calamities, lack of ventilation, and dangerous and detrimental to the safety and morals and otherwise inimical to the welfare of the residents of the town. The minimum standards for space use are as follows: Section 154.36. - Space use. (1) A principal area shall not have less than one hundred fifty (150) square feet. (3) A first bedroom, if any, shall have not less than one hundred (100) square feet. (4) A second bedroom, if any, shall have not less than seventy (70) square feet. (5) Each habitable room shall have at least seventy (70) square feet. (2) A kitchen-dining room combination, ifa any, shall have not less than one hundred (100) square feet. (6) At least one hundred fifty (150) square feet off floor space in habitable rooms shall be provided for the first occupant in each dwelling unit; atl least one hundred (100) square feet ofa additional floor space shall be provided for each of the next three (3) occupants; and at least seventy-five (75) square feet of additional floor space shall be provided for each additional occupant over the number of four (4) (7) At least seventy (70) square feet of bedroom floor space shall be provided for the first occupant; at least twenty (20) square feet of additional bedroom floor space shall be provided for the second occupant; and at least thirty (30) square feet of additional bedroom floor space shall be provided for each occupant over the number oft two (2) (children one (1)year of age and under shall not be counted). (8) Those habitable rooms which must bei included to meet the foregoing minimum space standards shall be at least seven (7) feet wide in any part with at least one-half oft the floor area having a ceiling height of at least seven (7) feet. That portion of any room where the ceiling heighti is less than five (5) feet shall (a) The floor and walls are impervious to leakage of underground and surface runoff water and are (b) The total of window area in each room is equal to at least the window area sizes prescribed in the (c) The total of functionally opening window area in each room is equal to at least the room area prescribed in the following section for habitable rooms, except where there is supplied some other (10) Toilet and bathing facilities shall be structurally enclosed and shall be located sO as not to require (11) Bathroom walls, toilet room walls and bedroom walls shall have no holes or excessive cracks. (12) Access shall be provided to all rooms within a dwelling unit without passing through a public space (13) Doors shall be provided at all doorways leading to bedrooms, toilet rooms, bathrooms and at all (14) Each living unit shall have a specific kitchen space, which contains a sink with counter workspace and has hot and çold running waterand adequate - spacef storing cooking utensils. (children one (1): year of age and under shall not be counted). not be considered as part of the floor area. (9) No basement space shall be used as al habitable room or dwelling unit unless: insulated against dampness. following section for habitable rooms. device affording adequate ventilation approved by the director ofi inspections. passage through an openable area. or another dwelling unit. rooms adjoining a public space. EXTDIA V2-02072020 50VEARS Western Piedmont Council of Governments Creative Regionals Solutions Since 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES (15) Electric, water and sewer must be in working order. The minimum standards for light and ventilation are as follows: Section 154.35. - Light and ventilation. (1) Every habitable room shall have at least one (1) window or skylight facing directly to the outdoors. The minimum total window area measured between stops for every habitable room shall be eight (8) percent of the floor area of such room. Whenever walls or other portions of structures face a window of any such room and such light obstruction structures are located less than five (5) feet from the window and extend to a level above that of the ceiling of the room, they shall not be included as contributing to the required minimum total window area. Whenever the only window in a room is a skylight-type window in the top of such room, the total window area of such skylight shall equal at least fifteen (15) percent of (2) Every room in a dwelling unit and means of egress shall be sufficiently illuminated SO as to provide (3) Year-round mechanically ventilating systems may be substituted for windows, as required herein, but must be approved by the code enforcement officer, in rooms other than rooms used for sleeping the total floor area of such room. safe and satisfactory uses. purposes. (4) All outside windows and doors used for ventilation shall be screened. (5) All windows and doors shall be made weather tight. (6) Windows and doors shall have no broken glass and shall have adequate operable locks and hardware. (7) Openable window area in each toilet room shall be at least two (2) square feet, unless served by (8) Natural ventilation of spaces such as attics and enclosed non-basement space shall be provided by openings of sufficient size to overcome dampness and to minimize the effect of conditions conducive (9) Utility spaces containing neat-producing, air-conditioning and other equipment shall be ventilated (10) Mechanical ventilation shall be of sufficient size to eliminate dampness and odors of the area it is mechanical ventilation. too decay and deterioration of the structure, and to prevent excessive heat in attics. according to manufacturer's requirements. serving. Section 154.31- -E Exits. (a) Two (2) main exits, each at least thirty (30) inches wide and six (6) feet eight (8) inches high, easily accessible to the occupants of each housing unit, shall be provided, unless a single exit is permitted as an exception by provisions of the state building code, as from time to time amended. All exit doors shall be (b) Platforms, steps and/or handrails shall be provided to serve exits and maintained in a safe condition. easily operable. Section 154.32. Plumbing. The minimum plumbing standards are as follows: (1) The plumbing systems shall be connected to the Town sanitary sewer system, where available; (2) All plumbing fixtures shall meet the standards of the Town plumbing code and shall be maintained in (3) There shall bey provided a hot water heater (minimum.thiny-galon. capacity) furnishing hot water to otherwise, the plumbing system shall be connected onto an approved septic tank. astate of good repair and in good working order. each tub or shower, lavatory and. kitchen sink. EXhibitA V2-02072020 50 YEARS Western Piedmont Council of Governments Creative Regionals Solutions Since 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT: SERVICES (4) Installed water supply inside the building shall be provided for each housing unit. (5) Installed water closet, tub or shower, lavatory and sink shall be provided for each dwelling unit. (6) Separate toilet facilities shall be provided for each dwelling unit. (7) Toilet and bathing facilities shall be structurally protected from the weather. (8) All water piping shall be protected from freezing by proper installation in protected space. (9) Atl least one (1) main vent of a minimum diameter oft two (2) inches shall be properly installed for each (10) Sewer and water lines shall be properly supported with no broken or leaking lines. building. Section 154.33. -H Heating. (1) Reserved. The minimum heating standards are as follows: (2) Every dwelling unit shall have heating facilities which are properly installed, are maintained in safe and good working condition and are capable of safely and adequately heating all habitable rooms and bathrooms in every dwelling unit located therein to a temperature of at least sixty-eight (68) degrees Fahrenheit at a distance three (3) feet above floor level, under ordinary minimum winter conditions. (3) All gas-heating and oil-heating equipment installed on the premises shall be of a type approved by Underwriters' Laboratories or by the American Gas Association and shall be installed in accordance (4) Liquid fuel stored on the premises shall be stored in accordance with the provisions of the National with the provisions of the state building code. Fire Prevention Association standards. (5) Chimneys and fireplaces shall have no loose bricks. (6) Flues shall have no holes. (7) There shall be no hanging masonry chimneys. (8) Thimbles shall be grouted in tight. (9) Thimbles shall be installed high enough for stovepipe to rise one-fourth inch per foot minimum. (10) Hearths shall be at least twenty (20) inches deep and seven (7) inches beyond each side of the (11) No combustible materials shall be within seven (7) inches beyond each side of the fireplace opening. (12) If the fireplace opening is closed because of hazardous conditions, the closure shall be of masonry fireplace opening. or other approved material as determined by the code enforcement officer. (13) Any stove shall be within six (6) feet of the thimble serving it. (14) Stovepipes and vents shall comply with volume 3 of the state building code. (15) No unvented combustible space heaters shall be used. State Law reference - G.S. $136-443.1 Section 154.34. - Electricity. The minimum electrical standards are as follows: (1) Every dwelling and dwelling unit shall be wired for electric lights and convenience receptacles, which shall be connected: in such manner as determined by the National Electric Code, as adopted by the Town. ExhibitA V2- 02072020 50 YEARS Western Piedmont Council of Governments Creative Regional Solutions! Since 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES (2) No receptacles, ceiling fixtures or other fixtures shall be broken or hanging loose. (3) All toggle switches and fixtures shall be safely operable. (4) At least two (2) duplex convenience outlets, as remote from each other as practicable, shall be (5) At least one (1) light outlet in each bathroom, hall, kitchen and porch, and over exterior steps to the (7) Flexible cords shall not be used as a substitute for the fixed wiring of a structure, nor shall flexible cords be run through holes in walls, ceilings or floors, through doorways, windows, or similar openings, or be attached to building surfaces or concealed behind building walls, ceilings or floors. (9) Aminimum oft three (3)branch circuits, plus separate circuits for eachi fixed appliance, shall be provided (10) There shall be provided service equipment and a lighting panel of adequate capacity and size (minimum of sixty-ampere capacity) to accommodate the existing or the required number of branch provided per habitable room. second floor shall be provided. (6) There shall be no bare wires, open joints or spliced cables. (8) No branch circuits shall be overloaded. ine each dwelling unit. circuits, and the equipment shall be properly grounded. (11) Outlets in kitchens and bathrooms shall be ground-fault interrupter device protected. (12) All residences shall have a smoke detector on each livable floor. The property owner shall be responsible for installing a fresh battery with change in tenants; the tenant shall be responsible for maintaining the unit and shall not commit any act that shall render the unit inactive. (13) All rental dwelling units having a fossil fuel burning heater or appliance or fireplace shall provide a minimum of one operable carbon monoxide detector per unit per level. A carbon monoxide detector is also required for an attached garage. The landlord shall install, replace or repair the carbon monoxide monitor(s) unless the landlord and tenant have a written agreement to the contrary. Section 154.31. - Structural requirements. The minimum structural standards shall be as follows: (1) Foundation: a. Ai foundation shall support the building at all points and shall be free of holes and cracks which admit rodents, water or dampness to the interior of the building or which lessen the capability of the b. The foundation shall be on firm, reasonably dry ground, and there shall be no water standing or foundation to support the building. running under the building. d. Piers shall be sound. C. Footings shall be sound and have adequate bearing capacity. e. No wood stiff knees or other improper piers shall be allowed. f. All structures shall be underpinned or enclosed in an approved manner, such as aluminum, galvanized, asbestos or masonry. (2) Floors: a. No rotted or termite-damaged sills shall be allowed. b. No broken, overloaded or sagging sills shall be allowed. C. Sills shall be reasonablylevel EXhibitA V2-02072020 50 YEARS Western Piedmont Council of Governments CreativeR Regional Solutions Since1 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT: SERVICES d. Sills shall be properly and sufficiently supported. e. Sills shall clear the ground by at least eighteen (18) inches. f.N No rotted or termite-damaged, joists shall be allowed. g. No broken or sagging. joists shall be allowed. h. Flooring shall be weather tight without holes or cracks which permit air to excessively penetrate rooms. I.F Flooring shall be reasonably smooth, not rotten or worn through. .N No loose flooring shall be allowed. k. Floors shall be reasonably level. (3) Walls, exterior: a.E Every exterior wall shall be protected with paint or other protective covering to prevent the entrance or penetration of moisture or the weather. b. No studs which are rotted or termite-damaged shall be allowed. C. No broken or cracked structural members shall be allowed. d. No loose siding shall be allowed. e. Walls used as partitions shall not lean or buckle. f.N No deteriorated siding or covering shall be allowed. (4) Walls, interior: a. The interior finish shall be free of holes and cracks, which permit air to excessively penetrate rooms. C. There shall be no cardboard, newspaper or other highly combustible material allowed as awalli finish. e. No broken or cracked studs or other broken or cracked structural members shall be allowed. a. Noj joists shall be rotted, broken or sagging or have improperly supported ends. b. There shall be allowed no holes or cracks, which permit air to excessively penetrate rooms. C. No loose plaster, loose boards, loose sheetrock or other loose ceiling finish shall be allowed. d. There shall be allowed as ceiling finishes no cardboard or other highly combustible material. a. Rafters shall not be rotted, broken or sagging or have improperly supported ends. b. No loose plaster, loose boards or other loose wall materials shall be allowed. d. No studs shall be rotted or termite-damaged. Ceilings: (6) Roofs: b. No rafters seriously fire-damaged shall be allowed. d. No rotted, loose or sagging sheathing shall be allowed. cause damage to the structure or rooms. f.Walls and chimneys shall have proper flashing. C. Attics shall be properly vented. e. No loose roof covering shall be allowed nor shall there be allowed any holes or leaks, which could (7) Stairs and steps: EXhibitA V2-02072020 50VEARS Western Piedmont Council of Governments Creative Regional Solutions Since 1968 hazards. NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES a. Stairs and steps shall be free of holes, grooves and cracks large enough to constitute accident b. Stairwells and flights of stairs more than four (4) risers or having risers more than thirty (30) inches high shall have rails not less than two (2) feet six (6) inches measured vertically from the nose of the treads to the top of the rail. C.E Every rail shall be firmly fastened and maintained in good condition. supporting or adjacent structures shall be allowed. e. No rotting, sagging or deteriorated supports shall be allowed. d. No flight of stairs settled more than one (1) inch out of its intended position or pulled away from (8) Porches and appurtenances: a. Every outside and inside porch and any appurtenance thereto shall be safe to use and capable of supporting the load that normal use may cause to be kept in sound condition and good repair. b. Protective railings shall be required on any unenclosed structure over three (3) feet from the ground (9) Accessory structures: All accessory buildings and structures, including detached garages, shall be maintained structurally sound and in good repair or shall be raised to grade level and the debris (10) Supplied facilities: Every supplied facility, piece of equipment or utility which is required under this article shall be sO constructed or installed that it will function safely and effectively and shall be level. therefrom removed from the premises. maintained in satisfactory working condition. Section 154.37.- Property maintenance. (1) Buildings and structures: The minimum property maintenance standards are as follows: a. Exterior wood surfaces not inherently resistant to deterioration shall be treated with a protective coating of paint or other suitable preservative, with sufficient frequency to prevent deterioration. b. Floors, walls, ceilings and fixtures shall be maintained in a clean and sanitary condition. (2) Public areas: Every owner of a structure containing two (2) or more dwelling units shall be responsible forr maintaining in a clean and sanitary condition the shared or public areas oft the structure and premises (3) Rubbish and garbage: Every person who occupies and controls a dwelling unit shall dispose of all rubbish and garbage in a clean and sanitary manner by placing it in proper storage facilities. a. Fences and other minor structures shall be maintained in safe and substantial condition. b. Yards and courts shall be kept clean and free of physical hazards, rubbish, trash and garbage. C. No heavy undergrowth or accumulations of plant growth which are noxious or detrimental to health d. Every premises shall be provided with all-weather vehicular access to and from the premises at all e. Walks and steps, constructed sO as to provide safety, reasonable durability and economy of maintenance, should be provided for convenient: all-weather access to the structure. thereof. (4) Premises: shall be allowed. times by an abutting public or private street. ExhibitA V2-02072020 50 YEARS Western Piedmont Council of Governments Creative Regiona! Solutions Since 1968 NOTICE OF VIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES Access to the rear yard from each dwelling unit shall be required. Such access is not, however, acceptable where iti is dependent upon passage through another dwelling unit. Each building shall be provided with access to the rear yard. This access for a detached dwelling shall be directly from g. Any nonresidential use of the premises shall be subordinate to its residential use and character. a. Premises, buildings and structures shall, by generally accepted methods of extermination, be Every basement or cellar window used or intended to be used for ventilation and every other opening to a basement or cellar, which might provide an entry for rodents, shall be supplied with screens installed or with such other approved devices as will effectively prevent entrance by Every head-ol-household occupant of a structure. containing a single dwelling unit shall be responsible for the extermination of any insects, rodents or other pests therein or on the premises; and every head-ol-household occupant of a dwelling unit in a structure containing more than one (1) dwelling unit shall be responsible for such extermination whenever the dwelling unit is the only one infested. Whenever infestation is caused by failure of the owner to maintain a structure in a rodent proof or reasonably insect proof condition, extermination shall be the responsibility of the owner. Whenever infestation exists in two (2) or more oft the dwelling units in any structure or in the shared or public parts of any structure containing two (2) or more dwelling units, extermination shall (6) Cleanliness: Every occupant of a dwelling or dwelling unit shall keep in a clean and sanitary condition that part of the dwelling, dwelling unit and premises thereof which he occupies and controls. (7) Supplied plumbing fixtures: Every occupant of a dwelling unit shall keep all supplied plumbing fixtures therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in (8) Care of facilities, equipment and structure: No occupant shall willfully destroy, deface or impair any of the facilities or equipment of any part of the structure of a dwelling or dwelling unit. (9) Lead Paint per North Carolina G.S. 130A-131.7 All property owners shall comply with lead paint provisions and abatement. Property owner assumes all costs of abatement and repairs. All homes astreet. (5) Infestation: maintained free of vermination and rodent harborage and infestation. rodents. be the responsibility oft the owner. the proper use and operation of same. constructed before the year 1978 will be subject to lead paint testing. ExhibitA V2- 02072020 50 YEARS Western Piedmont Council of Governments Creative Regionals Solutions Since 1968 NOTICEC OFVIOLATION TOWN OF SAWMILLS WPCOG CODE ENFORCEMENT SERVICES Exhibit A V2-02072020 AGENDA ITEM 12A MEMO DATE: SUBJECT: January 17,2023 Updates: Code Enforcement Monthly Report Discussion: The attached report shows the progress that Code Enforcement Officer Curt Willis continues to make throughout the town. Recommendation: No Council action required. - 5 B C